Common use of Conditions to Exercise of Option Clause in Contracts

Conditions to Exercise of Option. Tenant's right to extend is conditioned upon and subject to each of the following: A. In order to exercise the option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date and not sooner than three (3) months prior thereto. If proper notification of the exercise of the option is not given and/or received, such option shall automatically expire. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. B. Landlord may elect to revoke Landlord's rights hereunder (i) if Tenant is in Default at the time of the exercise of the option or (ii) in the event that Landlord has given to Tenant 3 or more notices of separate Defaults during the 12 month period immediately preceding the exercise of the option, whether or not the Defaults are cured. The period of time within which the option may be exercised shall not be extended or enlarged by reason of Tenant's inability to exercise the option because of the provisions of this paragraph. C. All of the terms and conditions of this Lease except where specifically modified by this Addendum shall apply, except that there shall be no further right to extend the term hereof. D. The option is personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b), and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidation, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises and without the intention of thereafter assigning or subletting.

Conditions to Exercise of Option. Tenant's ’s right to extend is conditioned upon and subject to each of the following: A. a. In order to exercise the an option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date and but not sooner than three (3) months prior theretoto the Earliest Exercise Date. If proper notification of the exercise of the an option is not given and/or received, such option shall automatically expire. Options (if there are more than one) may only be exercised consecutively. Failure to exercise an option terminates that option and all subsequent options. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. B. Landlord may elect b. Tenant shall have no right to revoke Landlord's rights hereunder exercise an option (i) if Tenant is in Default at the time of the exercise of the option or (ii) in the event that Landlord has given to Tenant 3 three or more notices of separate Defaults during the 12 12-month period immediately preceding the exercise of the option, whether or not the Defaults are cured. The period of time within which the an option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise the an option because of the provisions of this paragraph. C. c. All of the terms and conditions of this Lease Lease, except where specifically modified by this Addendum Addendum, shall apply, except that there shall be no further right to extend the term hereof. D. d. The option is options are personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b)Tenant, and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidationTenant, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises and without the intention of thereafter assigning or subletting.. LANDLORD: TENANT: AMB PROPERTY, L.P. Capstone Turbine Corporation a Delaware limited partnership a California corporation By: AMB Property Corporation, a Maryland corporation BY By: X. Xxxxx Xxxxxx Xxxxx, Vice President Its: CFO 9/26/00 /s/ XXXXXX XXXXX By: /s/ X. XXXXX Its: CFO

Conditions to Exercise of Option. Tenant's ’s right to extend is conditioned upon and subject to each of the following: A. (a) In order to exercise the an option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date and but not sooner than three (3) months prior theretoto the Earliest Exercise Date. If proper notification of the exercise of the an option is not given and/or received, such option shall automatically expire. Options (if there are more than one) may only be exercised consecutively. Failure to exercise an option terminates that option and all subsequent options. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. B. Landlord may elect (b) Tenant shall have no right to revoke Landlord's rights hereunder exercise an option (i) if Tenant is in Default at the time of the exercise of the option Default, or (ii) in the event that Landlord has given to Tenant 3 or more notices of separate Defaults if during the 12 twelve (12) month period immediately preceding the exercise of the option, whether three (3) or more Defaults have occurred which were not the Defaults are curedcured within any applicable notice or grace period. The period of time within which the an option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise the an option because of the provisions of this paragraph. C. (c) All of the terms and conditions of this Lease except where specifically modified by this Addendum shall apply, except that there shall be no further right to extend the term hereof. D. (d) The option is options are personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b)Tenant, and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidation, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises and without the intention of thereafter assigning or subletting. For purposes of the preceding sentence only, the term “Tenant” shall include any entity to which Tenant assigns the Lease pursuant to Section 12.1(c) of the Lease.

Conditions to Exercise of Option. Tenant's ’s right to exercise the option to extend is conditioned upon and subject to each of the following: A. (1) In order to exercise the its option to extend, Tenant must give written notice of such election to Landlord on or after the Earliest Exercise Date and Landlord must receive the same by on or before the Last Exercise Date Date. Failure to timely exercise an option in compliance with all terms and not sooner than three requirements here of shall automatically and without further action by Landlord terminate that option and all subsequent options. (2) In addition to any other written notice requirements pursuant to this Lease, Tenant must give notice of exercise of an option to extend to (a) any management company currently managing the Premises for Landlord of which Tenant has notice and (b) the address to which Tenant currently sends its Base Monthly Rent. (3) months prior thereto. If proper notification of the exercise of the option is not given and/or received, such option shall automatically expire. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the optionAs used in this Subsection B, the failure Tenant is “in Default” if Tenant has committed an uncured Event of Default (as defined in the Lease) on the applicable date (and in the case of an Event of Default where the Lease specifies an applicable notice and cure period, the Event of Default shall occur only after Tenant fails to notify Landlord by cure the Last Exercise Date will conclusively be presumed an election by default within the specified cure period after the specified notice has been given). (4) Tenant not shall have no right to exercise the option. B. Landlord may elect to revoke Landlord's rights hereunder (i) an option if Tenant is in Default at on the time date of the exercise of the option. (5) It is a condition subsequent to the valid exercise of an option or (ii) that Tenant shall not be in Default on the event that Landlord has given to Tenant 3 or more notices of separate Defaults during date on which the 12 month period immediately preceding the Lease would terminate absent exercise of the option, whether and if Tenant is in Default on such date, then Tenant shall have no right, title, or not interest in the Defaults are cured. Lease or the Premises during the Extended Term and all such rights shall be deemed revoked, and no Extended Term shall be deemed to have been created by the notice of exercise of option. (6) The period of time within which the an option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise the an option because of any of the preceding provisions of this paragraphParagraph. C. All (7) By giving notice of exercise of an option, Tenant warrants and agrees that Tenant is fully familiar with the terms Premises, has had the opportunity to inspect and conditions of this Lease except where specifically modified by this Addendum shall apply, except that there shall be no further right to extend test the term hereof. D. The option is personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b)Premises, and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidation, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of accepts the Premises for any Extended Term in their “AS-IS” condition, with all latent and patent faults, without warranty or obligation on the intention part of thereafter assigning Landlord to provide or sublettingpay for any interior improvements or tenant improvement allowances.

Conditions to Exercise of Option. Tenant's ’s right to extend renew is conditioned upon and subject to each of the following: A. In order to exercise the Tenant’s option to extendrenew, Tenant must give written notice of such election to Landlord and Landlord must receive the same by no later than one hundred eighty (180) days prior to the date the applicable Option Period would commence (the “Last Exercise Date and not sooner than three (3) months prior theretoDate”). If proper notification of the exercise of the option is not given and/or received, such option shall automatically expireexpire and terminate. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date as to whether or not Tenant will exercise the option, the failure of Tenant to properly notify Landlord by the Last Exercise Date will shall conclusively be presumed an election by Tenant not to exercise the option. B. Landlord may elect Tenant shall have no right to revoke Landlord's rights hereunder exercise the option (i) if Tenant is in Default at the time of the exercise of the option or (ii) in the event that Landlord has given to Tenant 3 delivered three (3) or more notices of separate Defaults during the 12 twelve (12) month period immediately preceding the exercise of the applicable option, whether or not the Defaults are have been cured. The period of time within which the applicable option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise the applicable option because of the provisions of this paragraph. C. All Except where specifically modified by this Addendum, all of the terms and conditions of this Lease except where specifically modified by this Addendum shall apply, except that there shall be no further right to extend the term hereof. D. The Each option (i) is personal to the named Tenant as set forth in Section 1.1 above Tenant, (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b), and ii) cannot be assigned or exercised by anyone other than the Tenant named Tenant, except in Section 1.1 connection with a Permitted Transfer or any successor by merger assignment or consolidationsubletting to which Landlord has given its consent, and (iii) can be exercised by Tenant only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises, unless this Lease has been assigned or the Premises has been sublet pursuant to a Permitted Transfer or any assignment or subletting to which Landlord has given its consent. This Construction Agreement Addendum is a part of the Lease dated May 17, 2011 by and without between AMB-SGP TX/IL, L.P. (“Landlord”) and Extend Health, Inc. (“Tenant”) for the intention Premises located within the Building located at 1350 Glenville in Richardson, Texas. Landlord agrees to make the improvements (“Improvements”) to the Premises more particularly described on Schedule C-1 attached hereto and made a part hereof for all purposes, at Landlord’s sole cost and expense. Landlord will utilize building standard materials in the completion of thereafter assigning or sublettingsuch Improvements. Such Improvements shall include: 1. Repainting of the interior of the Premises where currently painted, including any accent walls designated by Tenant. 2. Installation of new VCT throughout the interior where VCT currently exists and in color(s) of Tenant’s choice, except for areas denoted by Tenant. 3. Replacement of all existing millwork with new millwork in the restrooms, break room, and work room, except for areas denoted by Tenant; layout design and laminate color to of Tenant’s choice.

Conditions to Exercise of Option. Tenant's ’s right to extend is conditioned upon and subject to each of the following: A. In order to exercise the an option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date and but not sooner than three (3) months prior theretoto the Earliest Exercise Date. If proper notification of the exercise of the an option is not given and/or received, such option shall automatically expire. Options (if there are more than one) may only be exercised consecutively. Failure to exercise an option terminates that option and all subsequent options. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. B. Landlord may elect Tenant shall have no right to revoke Landlord's rights hereunder exercise an option (i) if Tenant is in Default at the time of the exercise of the option or (ii) in the event that Landlord has given to Tenant 3 or more notices of separate Defaults during the 12 month period immediately preceding the exercise of the option, whether or not the Defaults are cured. The period of time within which the option may be exercised shall not be extended or enlarged by reason of Tenant's inability to exercise the option because of the provisions of this paragraphDefault. C. All of the terms and conditions of this Lease except where specifically modified by this Addendum shall apply, except that there shall be no further right to extend the term hereof. D. The option is options are personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b)Tenant, and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidationwithout Landlord’s written consent, which consent shall not be unreasonably withheld, delayed, nor conditioned, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises and without the intention of thereafter assigning or subletting.

Conditions to Exercise of Option. Tenant's Tenants right to exercise this option and extend the Term is conditioned upon and subject to each of the following: A. (1) In order to exercise the its option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date but not prior to the Earliest Exercise Date, and not sooner than three (3) months prior theretoany attempted exercise outside of the period between such dates shall be void and of no force or effect. If proper notification of the exercise of the option is not given and/or receivedreceived timely in accordance with all terms and conditions hereof, such the option shall automatically expire. Tenant acknowledges that because of the importance to Landlord of knowing no not later than the Last Exercise Date whether or not Tenant will exercise the optionoption so that if necessary, Landlord can market the Building, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. B. (2) In addition to any other written notice requirements pursuant to this Lease, Tenant must give notice of exercise of an option to extend to (a) any management company currently managing the Premises for Landlord may elect of which Tenant has notice and (b) the address to revoke Landlord's rights hereunder which Tenant currently sends its Base Monthly Rent. (i3) Tenant shall have no right to exercise an option if there exists an Event of Tenant’s Default on the date of exercise of the option. In the case of an Event of Tenant’s Default which has an applicable cure period provided in the Lease, this shall mean that Tenant is in Default at the time of the default past any applicable notice and cure period. (4) Notwithstanding any timely exercise of the option option, Tenant shall have no right, title, or (ii) interest in the event Lease or the Premises for or during the Extended Term (as hereinafter defined), if there exists an Event of Tenant’s Default on the date on which the Lease would terminate absent exercise of the option. In the case of an Event of Tenant’s Default which has an applicable cure period provided in the Lease, this shall mean that Tenant is in default past any applicable notice and cure period. Under such circumstances, the Lease shall terminate without notice on the last day of its then existing Term, and no Extended Term shall be deemed to have been created by the notice of exercise of option. (5) Tenant shall have no right to exercise an option if Landlord has given to Tenant 3 three (3) or more notices of separate Defaults monetary defaults during the 12 twelve (12) month period immediately preceding the exercise of the option, whether or not the Defaults defaults are cured. , but provided, that the Tenant had actually committed the default set forth in each such notice. (6) The period of time within which the an option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise an option because of any of the preceding provisions of this Paragraph. (7) By giving notice of exercise of an option, Tenant warrants and agrees that Tenant is fully familiar with the Premises, has had the opportunity to inspect and test the Premises, and accepts the Premises for any Extended Term in their “As-Is” condition, with all latent and patent faults, without warranty or obligation on the part of Landlord to provide for any interior improvements or to provide any tenant improvement allowances. (8) It is a condition to Tenant’s right to exercise the above option that Tenant shall be, on the date of exercise, in financial condition as shown by an audited balance sheet which is as good as or better than its financial condition as of the Commencement Date. Tenant shall provide to Landlord, with the notice of exercise of option, documentation showing that it meets this test, and shall thereafter provide Landlord with any further documentation bearing on this subject as Landlord shall reasonably request in writing. If this test is not met, Tenant shall have no right to exercise the option because of the provisions of this paragraphprovided herein. C. All of the terms and conditions of this Lease except where specifically modified by this Addendum shall apply, except that there shall be no further right to extend the term hereof. D. The option is personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b), and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidation, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises and without the intention of thereafter assigning or subletting.

Conditions to Exercise of Option. Tenant's ’s right to extend is conditioned upon and subject to each of the following: A. i) In order to exercise the option to extendOption, Tenant must not have been in Default of any of its obligations under the Lease during the Term or any extended Term and must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date and but not sooner than three (3) months prior theretoto the Earliest Exercise Date. If proper notification of the exercise of the option an Option is not given and/or received, such option the Option shall automatically expire. Failure to exercise an option terminates the Option. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the optionOption, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the optionOption. B. Landlord may elect ii) Tenant shall have no right to revoke Landlord's rights hereunder exercise an option (i) if Tenant is in Default at the time of the exercise of the option or (ii) in the event that Landlord has given to Tenant 3 three or more notices of separate Defaults during the 12 12-month period immediately preceding the exercise of the option, whether or not the Defaults are cured. The period of time within which the option Option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise the option Option because of the provisions of this paragraph. C. iii) All of the terms and conditions of this Lease Lease, except where specifically modified by this Addendum Amendment, shall apply, except that there shall be no further right to extend the term hereof. D. iv) The option Option is personal to the named Tenant as set forth in Section 1.1 above (or and any successor transferee permitted under Paragraph 12 of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b), Lease and cannot otherwise be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidation, Tenant. This Early Possession and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate Inducement Recapture Addendum is in full possession a part of the Lease dated February 12, 2021, by and between Terreno Park Union City LLC (“Landlord”) and Tenaya Therapeutics, Inc. (“Tenant”) for the Premises and without as defined in the intention of thereafter assigning or sublettingLease.

Conditions to Exercise of Option. Tenant's ’s right to extend is conditioned upon and subject to each of the following: A. a. In order to exercise the an option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date and but not sooner than three (3) months prior theretoto the Earliest Exercise Date. If proper notification of the exercise of the an option is not given and/or received, such option shall automatically expire. Options (if there are more than one) may only be exercised consecutively. Failure to exercise an option during the time period provided terminates that option and all subsequent options. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. B. Landlord may elect b. Tenant shall have no right to revoke Landlord's rights hereunder exercise an option (i) if Tenant is in Default at the time of the exercise of the option default or (ii) in the event that Landlord has given to Tenant 3 three or more notices of separate Defaults defaults during the 12 12-month period immediately preceding the exercise of the option, whether or not the Defaults defaults are cured. The period of time within which the an option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise the an option because of the provisions of this paragraph. C. c. All of the terms and conditions of this the Lease in effect as of the commencement of the Option Periods, except where specifically modified by this Addendum Addendum, shall apply, except that there shall be no further right to extend the term hereofapply during Option Periods. D. d. The option is options are personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b)Tenant, and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidationTenant, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the entire Premises and without the intention of thereafter assigning or subletting.

Conditions to Exercise of Option. Tenant's Tenants right to exercise the option and extend the Term is conditioned upon and subject to each of the following: A. (1) In order to exercise the its option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date but not prior to the Earliest Exercise Date, and not sooner than three (3) months prior theretoany attempted exercise outside of the period between such dates shall be of no force or effect. If proper notification of the exercise of the option is not given and/or received, such the option shall automatically expire. Failure to timely exercise the option terminates the option. Tenant acknowledges that because of the importance to of Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. B. Landlord may elect (2) Tenant shall have no right to revoke Landlord's rights hereunder (i) exercise the option if Tenant is in Default at on the time date of the exercise of the option or (ii) in the event case of a Default which has an applicable cure period provided in the Lease, this shall mean that Landlord has given to Tenant 3 is in Default past any applicable notice and cure period). (3) Tenant shall have no right, title, or more notices of separate Defaults interest in the Lease or the Premises for or during the 12 month Extended Term if Tenant is in Default on the date on which the Lease would terminate absent exercise of the option (in the case of a Default which has an applicable cure period immediately preceding provided in the Lease, this shall mean that Tenant is in Default past any applicable notice and cure period), and under such circumstances, the Lease shall terminate without notice on the last day of its then existing Term, and the Extended Term shall not be deemed to have been created by the notice of exercise of the option, whether or not the Defaults are cured. . (4) The period of time within which the option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise the option because of any of the preceding provisions of this paragraphParagraph. C. All (5) By giving notice of exercise of the terms option, Tenant warrants and conditions of this Lease except where specifically modified by this Addendum shall applyagrees that Tenant is fully familiar with the Premises, except that there shall be no further right has had the opportunity to extend inspect and test the term hereof. D. The option is personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b)Premises, and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidation, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of accepts the Premises and for the Extended Term in their “As Is” condition, with all patent faults, without warranty or obligation on the intention part of thereafter assigning Landlord to provide or sublettingpay for any interior improvements or tenant improvement allowances.

Conditions to Exercise of Option. Tenant's ’s right to extend is conditioned upon and subject to each of the following: A. (a) In order to exercise the an option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date and but not sooner than three (3) months prior theretoto the Earliest Exercise Date. If proper notification of the exercise of the an option is not given and/or received, such option shall automatically expire. Options (if there are more than one) may only be exercised consecutively. Failure to exercise an option terminates that option and all subsequent options. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option.. ​ B. Landlord may elect (b) Tenant shall have no right to revoke Landlord's rights hereunder exercise an option (i) if Tenant is in Default at the time of the exercise of the option Default. or (ii) in the event that Landlord has given to Tenant 3 or more notices of separate Defaults if during the 12 twelve (12) month period immediately preceding the exercise of the option, whether three (3) or more Defaults have occurred which were not the Defaults are curedcured within any applicable notice or grace period. The period of time within which the an option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise the an option because of the provisions of this paragraph. C. (c) All of the terms and conditions of this Lease except where specifically modified by this Addendum shall apply, except that there shall be no further right to extend the term hereof. D. (d) The option is options are personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b)Tenant, and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidation, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises and without the intention of thereafter assigning or subletting. For purposes of the preceding sentence only, the term “Tenant” shall include any entity to which Tenant assigns the Lease pursuant to Section 12.1(c) of the Lease.

Conditions to Exercise of Option. Tenant's right to extend is conditioned upon and subject to each of the following: A. a. In order to exercise the an option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date and but not sooner than three (3) months prior theretoto the Earliest Exercise Date. If proper notification of the exercise of the an option is not given and/or received, such option shall automatically expire. Options (if there are more than one) may only be exercised consecutively. Failure to exercise an option terminates that option and all subsequent options. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. B. Landlord may elect b. Tenant shall have no right to revoke Landlord's rights hereunder exercise an option (i) if Tenant is in Default at the time of the exercise of the option or (ii) in the event that Landlord has given to Tenant 3 three or more notices of separate Defaults during the 12 12-month period immediately preceding the exercise of the option, whether or not the Defaults are cured. The period of time within which the an option may be exercised shall not be extended or enlarged by reason of Tenant's inability to exercise the an option because of the provisions of this paragraph. C. c. All of the terms and conditions of this Lease Lease, except where specifically modified by this Addendum Addendum, shall apply, except that there shall be no further right to extend the term hereof. D. d. The option is options are personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b)Tenant, and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidationTenant, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises and without the intention of thereafter assigning or subletting. LANDLORD: TENANT: AMB PROPERTY, L.P. Capstone Turbine Corporation a Delaware limited partnership a California corporation By: AMB Property Corporation, a Maryland corporation BY By: J. Watts Martin Coyne, Vice President Its: CFO 9/00/00 /x/ XXXXXX XXYNE By: /s/ J. WATTS ---------------------------- ------------- Its: CFO AMB PROPERTY, L.P., A DELAWARE LIMITED PARTNERSHIP INDUSTRIAL LEASE ADDENDUM This Addendum to Industrial Lease ("Addendum") is made and entered into as of the 25th day of September, 2000, by and between AMB Property, L.P., a Delaware limited partnership ("Landlord"), and Capstone Turbine Corporation, a Delaware corporation ("Tenant"), with reference to that certain Industrial Lease dated as of September 25th, 2000, by and between Landlord and Tenant ("Lease"). The promises, covenants, agreements and declarations made and set forth herein are intended to and shall have the same force and effect as if set forth at length in the body of the Lease. To the extent that the provisions of this Addendum are inconsistent with the terms and conditions of the Lease, the terms of this Addendum shall prevail and control for all purposes. Unless otherwise defined below, all terms used in this Addendum and defined in the Lease shall have the same meaning as is ascribed to such terms in the Lease.

Conditions to Exercise of Option. Tenant's right to extend is conditioned upon and subject to each of the following: A. In order to exercise the option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by not later than the Last Exercise Date and not sooner than three six (36)) months prior thereto. If proper notification of the exercise of the option is not given and/or received, such option shall automatically expire. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by on or before the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. B. Landlord may elect to revoke LandlordTenant's rights hereunder (i) if Tenant is in Default at the time of the exercise of the option or (ii) in the event that Landlord has given to Tenant 3 or more notices of separate Defaults during the 12 month period immediately preceding the exercise of the option, whether or not the Defaults are cured. The period of time within which the option may be exercised shall not be extended or enlarged by reason of Tenant's inability to exercise the option because of the provisions of this paragraph. C. All of the terms and conditions of this Lease except where specifically modified by this Addendum shall applyapply to the extended term, except that there shall be no further right to extend the term hereof. D. The option is personal to the named Tenant as set forth in Section 1.1 above (or any successor of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b)Tenant, and canmay not be assigned or exercised by anyone other than the Tenant named in Section 1.1 or any successor by merger or consolidation, and may be exercised only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises and without the intention of thereafter assigning or subletting.

Conditions to Exercise of Option. Tenant's ’s right to extend is conditioned upon and subject to each of the following: A. a. In order to exercise the an option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by the Last Exercise Date and but not sooner than three (3) months prior theretoto the Earliest Exercise Date. If proper notification of the exercise of the an option is not given and/or received, such option shall automatically expire. Options (if there are more than one) may only be exercised consecutively. Failure to exercise an option terminates that option and all subsequent options. Tenant acknowledges that because of the importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option, time being of the essence. B. Landlord may elect b. Tenant shall have no right to revoke Landlord's rights hereunder (i) exercise an option if Tenant is in Default at the time of exercise or immediately prior to the exercise commencement of the option or (ii) in the event that Landlord has given to Tenant 3 or more notices of separate Defaults during the 12 month period immediately preceding the exercise of the option, whether or not the Defaults are curedan Option Period. The period of time within which the an option may be exercised shall not be extended or enlarged by reason of Tenant's ’s inability to exercise the an option because of the provisions of this paragraph. C. c. All of the terms and conditions of this Lease Lease, except where specifically modified by this Addendum Addendum, shall apply, except that there shall be no further right to extend the term hereof. D. d. The option is options are personal to the named Tenant as set forth in and any transferee permitted under Section 1.1 above (or any successor 12.2 of the Tenant named in Section 1.1 hereof by merger or consolidation or any assignee permitted by Section 12(b), Lease and cannot be assigned or exercised by anyone other than the Tenant named in Section 1.1 or and any successor by merger or consolidation, and only while the Tenant or such successor, Section 12(b) permitted assignee or any Affiliate is in full possession of the Premises and without the intention of thereafter assigning or sublettingtransferee.