Common use of Energy Disclosure Clause in Contracts

Energy Disclosure. Tenant acknowledges that, pursuant to California Public Resources Code Section 25402.10 and the regulations adopted pursuant thereto (collectively, together with any future law or regulation regarding disclosure of energy efficiency data with respect to the Project, “Energy Disclosure Requirements”), Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building (“Tenant Energy Use Disclosure”). Tenant shall cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten (10) business days following request from Landlord, disclose to Landlord all information requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's name, the number of employees working within the Premises, the operating hours for Tenant's business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction with respect to the Energy Disclosure Requirements), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that Landlord and its agents shall not be liable for, and Tenant hereby releases Landlord and its agents from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this Section 11.8 shall be, to the best of Tenant's knowledge, true and correct in all material respects, Tenant acknowledges that Landlord shall rely on such information. The terms of this Section 11.8 shall survive the expiration or earlier termination of this Lease.

Energy Disclosure. Tenant acknowledges that, pursuant to California Public Resources Code Section 25402.10 and the regulations adopted pursuant thereto (collectively, together with any future law or regulation regarding disclosure of energy efficiency data with respect to the ProjectBuilding, “Energy Disclosure Requirements”), Landlord may be required in the future to disclose information concerning Tenant's ’s energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building (“Tenant Energy Use Disclosure”). Tenant shall cooperate with Landlord at no cost to Tenant with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten thirty (1030) business days following request from Landlord, disclose to Landlord all information reasonably requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's ’s name, the number of employees working within the Premises, the operating hours for Tenant's ’s business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction with respect to the Energy Disclosure Requirements), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that Landlord and its agents shall not be liable for, and Tenant hereby releases Landlord and its agents from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this Section 11.8 paragraph shall be, to the best of Tenant's ’s knowledge, true and correct in all material respects, Tenant acknowledges that Landlord shall rely on such information. The terms of this Section 11.8 paragraph shall survive the expiration or earlier termination of this Lease.

Energy Disclosure. If at any time during the Term, the Building is not a “covered building” as defined in California Public Resources Code Section 25402.10 and the regulations to be adopted pursuant thereto, and if at such time Tenant is permitted to contract directly for the provision of electricity, gas and/or water services to the Premises with the third-party provider thereof (all in Landlord’s sole and absolute discretion), Tenant shall promptly, but in no event more than ten (10) Business Days following its receipt of each and every invoice for such items from the applicable provider, provide Landlord with a copy of each such invoice. Tenant acknowledges that, that pursuant to California Public Resources Code Section 25402.10 and the regulations to be adopted pursuant thereto (collectively, together with any future law or regulation regarding disclosure of energy efficiency data with respect to collectively the Project, “Energy Disclosure Requirements”), Landlord may be required in the future to disclose information concerning Tenant's ’s energy usage at the Building to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building (the “Tenant Energy Use Disclosure”). Tenant shall cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten (10) business days following request from Landlord, disclose to Landlord all information requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's name, the number of employees working within the Premises, the operating hours for Tenant's business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction with respect to the Energy Disclosure Requirements), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that Landlord and its agents shall not be liable forFurther, and Tenant hereby releases Landlord and its agents from, from any and all losslosses, costcosts, damagedamages, expense expenses and liability liabilities relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this Section 11.8 shall be, to the best of Tenant's knowledge, true and correct in all material respects, Tenant acknowledges that Landlord shall rely on such information. The terms of this Section 11.8 26.22 shall survive the expiration or earlier termination of this Lease. [SIGNATURES ARE ON THE FOLLOWING PAGE] Landlord and Tenant have executed this Lease as of the Effective Date. LANDLORD: CA-MISSION STREET LIMITED PARTNERSHIP, a Delaware limited partnership By: NAPI REIT TRS, INC., a Maryland corporation Its: General Partner By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Secretary & Treasurer TENANT: JAGUAR HEALTH, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Its: Chief Executive Officer Tenant’s Tax ID Number (SSN or FEIN):

Energy Disclosure. Tenant Purchaser acknowledges that, that Seller may be required to disclose certain information concerning the energy performance of the Hotel pursuant to California Public Resources Code Section 25402.10 and the related regulations adopted pursuant thereto (collectively, together with any future law or regulation regarding disclosure of energy efficiency data with respect to the Project, “Energy Disclosure Requirements”). Purchaser shall obtain its own Data Verification Checklist, Landlord may be required as defined in the Energy Disclosure Requirements (collectively, the “Energy Disclosure Information”), and agrees that Seller has timely complied in full with Seller’s obligations under the Energy Disclosure Requirements. Purchaser acknowledges and agrees that (i) Seller makes no representation or warranty regarding the energy performance of the Hotel or the accuracy or completeness of the Energy Disclosure Information, (ii) the Energy Disclosure Information is for the current occupancy and use of the Hotel and that the energy performance of the Hotel may vary depending on future occupancy and/or use of the hotel property, and (iii) Seller shall have no liability to disclose information concerning Tenant's energy usage Purchaser for any errors or omissions in the Energy Disclosure Information. If and to certain third partiesthe extent not prohibited by applicable legal requirements, Purchaser hereby waives any right it may have to receive the Energy Disclosure Information, including, without limitation, prospective purchasers, lenders and tenants any right Purchaser may have to terminate this Agreement or rescind the transactions contemplated by this Agreement as a result of the Building (“Tenant Energy Use Disclosure”)Seller’s failure to disclose such information. Tenant shall cooperate with Landlord with respect Purchaser hereby releases Seller from any liability Seller may have to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten (10) business days following request from Landlord, disclose to Landlord all information requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's name, the number of employees working within the Premises, the operating hours for Tenant's business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction with respect Purchaser relating to the Energy Disclosure Requirements)Information, and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosuresincluding, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that Landlord and its agents shall not be liable for, and Tenant hereby releases Landlord and its agents fromwithout limitation, any and all loss, cost, damage, expense and liability relating to, arising out as a result of and/or resulting from any Tenant Seller’s failure to disclose the Energy Use DisclosureDisclosure Information to Purchaser prior to the execution of this Agreement or prior to Closing. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord Purchaser’s approval of the condition of the Hotel pursuant to this Section 11.8 shall be, to the best of Tenant's knowledge, true and correct in all material respects, Tenant acknowledges that Landlord shall rely on such information. The terms of this Section 11.8 Agreement shall be deemed to include Purchaser’s approval of the energy performance of the Hotel and the Energy Performance Information. This paragraph shall survive the expiration or earlier Closing and any termination of this LeaseAgreement.