Common use of Existing Sublease Clause in Contracts

Existing Sublease. The parties acknowledge that Tenant also currently subleases a portion of the twenty-fourth (24th) floor of the Tower (the “Sublet Premises”) pursuant to that certain Sublease Agreement dated as of November 11, 2008 (“Sublease”) by and between Tenant, as Subtenant, and CFM Direct, LLC, a Delaware limited liability company (“CFM”), as Sublessor. Concurrently with their execution and delivery of this Lease, Landlord and Tenant shall enter into that certain Assignment of Sublease Agreement in the form attached hereto as Exhibit “F” and made a part hereof whereby (i) Tenant shall assign to Landlord, and Landlord shall assume, all of Tenant’s right, title and interest in the Sublease effective as of the date which is sixty (60) days after the Commencement Date of this Lease; (ii) Tenant shall agree to vacate the Sublet Premises and surrender possession of the Sublet Premises to Landlord in the condition required in the Sublease on or before the expiration of the Moving Period, and (iii) Landlord shall be responsible for all Annual Base Subrent (as defined in the Sublease) attributable to the sixty (60) day Moving Period. Notwithstanding anything to the contrary contained in the Sublease, Landlord agrees Tenant need not restore the Sublet Premises to its original condition or remove any improvements or cabling from the Sublet Premises; provided, however, that Tenant shall be required to remove all furniture, equipment and personal property from the Sublet Premises and shall return such space to Landlord in broom-clean condition. [NO FURTHER TEXT ON THIS PAGE]

Existing Sublease. The parties acknowledge Tenant acknowledges that its rights to receive, collect and enjoy rents and other sums accruing under the Denali Sublease shall terminate on the Termination Date, and acknowledges its ongoing obligations under, inter alia, Article 4 of the Consent. Should Tenant also currently subleases receive or collect any such sums after the Termination Date (or before the Termination Date if such sums represent payment for any rental period or other obligation accruing after the Termination Date), it immediately shall turn all such sums over to Landlord. Landlord immediately may serve the Master Lease Termination Notice described in Paragraph 5(b) of the May 3, 2002 Landlord’s Consent to Sublease between Landlord, Tenant, and Denali (the “Consent”), and may enter into a direct lease with Denali for all or a portion of the twenty-fourth (24th) floor Premises, effective March 1, 2005. Tenant shall have no obligation to effect termination of the Tower (Denali Sublease, to surrender the “Sublet Premises free and clear of Denali’s subtenancy, or to cause any such direct lease, but shall fully cooperate with Landlord in a commercially reasonable manner to assist Landlord in having Tenant removed from the Subleased Premises”) pursuant to that certain , if necessary as appropriate, if the Sublease Agreement dated as is terminated under the terms of November 11, 2008 (“Sublease”) by and between the Consent. Tenant, as Subtenanthowever, shall remain liable to Denali for all unperformed obligations and claims arising out of the Denali Sublease prior to the Termination Date, including without limitation, the obligation to return to Denali any unapplied security deposits held by Tenant under the terms of the Denali Sublease or otherwise. Tenant shall indemnify, protect, defend (by counsel reasonably satisfactory to Landlord) and hold harmless Landlord and its officers, directors, employees, attorneys and agents, and CFM Directeach of them, LLCfrom and against any and all claims, a Delaware limited liability company demands, damages, debts, liabilities, actions and causes of action of every kind and nature whatsoever arising from or relating to Tenant’s performance of, or failure to perform, its obligations under the Denali Sublease prior to the Termination Date. Tenant, however, (“CFM”), as Sublessor. Concurrently with their execution and delivery of this Lease, Landlord and Tenant shall a) is making no representation or warranty whatsoever that Denali will enter into that certain Assignment of Sublease Agreement in the form attached hereto as Exhibit “F” and made a part hereof whereby (i) Tenant shall assign to direct Lease with Landlord, and Landlord shall assume, all of Tenant’s right, title and interest in the Sublease effective as of the date which is sixty (60b) days after the Commencement Date of this Lease; (ii) Tenant shall agree has no liability with respect to vacate the Sublet Premises and surrender possession of the Sublet Premises to Landlord in the condition required in the Sublease on or before the expiration of the Moving Periodany obligation arising under such direct lease, and (iiic) Landlord shall be responsible for all Annual Base Subrent (as defined in the Sublease) attributable has no liability with respect to the sixty condition of the Subleased Premises on or following the Termination Date, or (60d) day Moving Period. Notwithstanding anything has any liability with respect to any event, act, injury, claim, damage, loss or other occurrence arising within the contrary contained in Subleased Premises following the Sublease, Landlord agrees Tenant need not restore the Sublet Premises to its original condition or remove any improvements or cabling from the Sublet Premises; provided, however, that Tenant shall be required to remove all furniture, equipment and personal property from the Sublet Premises and shall return such space to Landlord in broom-clean condition. [NO FURTHER TEXT ON THIS PAGE]Termination Date.

Existing Sublease. The parties acknowledge that Tenant also currently subleases a portion As of the twenty-fourth (24th) floor date hereof Tenant is occupying the majority of the Tower (the “Sublet Premises”) Premises pursuant to that certain Sublease Agreement dated as of November 11December 31, 2008 (“Sublease”) by and 2009, between Tenant, as Subtenantsubtenant, and CFM DirectFibroGen, LLCInc., a Delaware limited liability company corporation (“CFM”"FibroGen"), as SublessorSublandlord (such Sublease, as amended, the "Sublease"). Concurrently with their execution The Sublease has been made subject to (i) that certain Build-to-Suit Lease dated December 20, 1996 (the "225 Lease"), between FibroGen, as tenant, and delivery Landlord, as landlord, and (ii) that certain Build-to-Suit Lease dated February 8, 2000 (the "201 Lease"), between FibroGen, as tenant, and Landlord, as landlord (the 225 Lease and 201 Lease, as amended, being referred to collectively as the "FibroGen Leases"). The Sublease and FibroGen Lease are each scheduled to expire on February 4, 2015, and the Lease Commencement Date under this Lease shall occur immediately upon such termination. Notwithstanding such termination of the Sublease and FibroGen Lease, Tenant hereby acknowledges and agrees that it shall remain obligated to Landlord, as a direct obligation under this Lease, to perform the removal and restoration obligations that Tenant currently has as subtenant under the Sublease, at the expiration or earlier termination of this Lease, all at Tenant's sole cost and expense (the "Continuing Obligations"). If Landlord and Tenant shall reach agreement on a new lease to continue in the Premises, or the parties enter into that certain Assignment the lease contemplated by Section 1.3, below, for a period of Sublease Agreement in the form attached hereto as Exhibit “F” and made a part hereof whereby not less than seven (i7) Tenant shall assign to Landlord, and Landlord shall assume, all of Tenant’s right, title and interest in the Sublease effective as of the date which is sixty (60) days years after the Commencement Date of this Lease; (ii) Tenant shall agree to vacate the Sublet Premises and surrender possession of the Sublet Premises to Landlord in the condition required in the Sublease on or before the expiration of the Moving Periodinitial Lease Term (which agreement may be made or not made in the sole and absolute discretion of Landlord and Tenant), and (iii) then in either such case Landlord will waive the Continuing Obligations. The Continuing Obligations shall be responsible for all Annual Base Subrent (as defined in the Sublease) attributable limited to the sixty (60) day Moving Period. Notwithstanding anything to the contrary contained restoration and repair items set forth in the SubleaseExhibit F, Landlord agrees Tenant need not restore the Sublet Premises to its original condition or remove any improvements or cabling from the Sublet Premises; provided, however, that Tenant shall be required to remove all furniture, equipment and personal property from the Sublet Premises and shall return such space to Landlord in broom-clean condition. [NO FURTHER TEXT ON THIS PAGE]attached hereto.

Existing Sublease. The parties Landlord and Tenant acknowledge that Tenant also is currently subleases a portion of subleasing the twenty-fourth Existing Premises pursuant to an occupancy agreement therefor (24th) floor of the Tower (as may have been amended, otherwise modified and/or consented to in writing, collectively, the “Sublet Premises”) pursuant to that certain Sublease Agreement dated as of November 11, 2008 (“Sublease”) by and between Tenant, as Subtenant, and CFM Direct, LLC, a Delaware limited liability company (“CFMDocumentation”), which sublease is scheduled to expire upon the termination of the master lease for the Existing Premises (including any and all amendments thereto, the “Master Original Lease”) on October 31, 2012, and that it is not their intent with this Lease to modify any of the tenant’s rights or obligations under the Master Original Lease or the Sublease Documentation, including, without limitation, such tenant’s possessory interests in the Existing Premises as Sublessora tenant and a sublandlord pursuant to the terms of the Master Original Lease and the Sublease Documentation. Concurrently with their Without limiting the generality of the foregoing, the parties specifically acknowledge and agree that, during the period between the Lease Date and the Existing Premises Commencement Date, Tenant’s only interests in the Existing Premises shall be as a subtenant pursuant to the Sublease Documentation, and as the holder of a right to become a tenant pursuant to the terms of this Lease. Accordingly, the parties further acknowledge that (a) any default beyond all applicable notice and cure periods by Tenant or Landlord under the Sublease Documentation or this Lease shall also be deemed a default beyond all applicable notice and cure periods by Tenant or Landlord, as applicable, under both this Lease and the Sublease Documentation, and such default beyond all applicable notice and cure periods shall be subject to the terms of this Lease in addition to the terms of the Sublease Documentation, and (b) Tenant shall not be obligated to vacate and surrender the Existing Premises under the Master Original Lease upon the termination of the Master Original Lease on October 31, 2012 (it being the intent of the parties that, subject to Landlord’s rights under the Sublease Documentation and hereunder, Tenant simply continue its occupancy under this Lease). Tenant hereby certifies and acknowledges to Landlord that, as of the date of the mutual execution and delivery of this Lease, Landlord and Tenant shall enter into that certain Assignment of Sublease Agreement in the form attached hereto as Exhibit “F” and made a part hereof whereby (i) Tenant shall assign to Landlord, and Landlord shall assume, all of Tenant’s rightactual knowledge without duty of investigation or inquiry, title that Tenant is not aware of any default by Landlord (including, without limitation, any notice of default, or any default in connection with any utilities and interest services provided by Landlord as of the Lease Date in connection with Tenant’s occupancy of the Existing Premises) regarding Tenant’s occupancy of the Existing Premises under the Sublease effective Documentation. Landlord hereby certifies and acknowledges to Tenant that, as of the date which is sixty (60) days after of the Commencement Date mutual execution of this Lease; , to Landlord’s actual knowledge without duty of investigation or inquiry, Landlord is not aware of any default by Tenant (iiincluding, without limitation, any notice of default) Tenant shall agree to vacate the Sublet Premises and surrender possession regarding Tenant’s occupancy of the Sublet Existing Premises under the Sublease Documentation. In addition, as of the Lease Date, Tenant hereby certifies to Landlord in the condition required in the Sublease on that Tenant does not have actual knowledge, without duty of investigation or before the expiration inquiry, of any non-compliance of the Moving Period, and (iii) Landlord shall be responsible for all Annual Base Subrent Existing Premises with “Applicable Laws” (as defined in below) that materially and adversely affects Tenant’s use of the Sublease) attributable to the sixty (60) day Moving Period. Notwithstanding anything to the contrary contained in the Sublease, Landlord agrees Tenant need not restore the Sublet Existing Premises to its original condition or remove any improvements or cabling from the Sublet Premises; provided, however, that Tenant shall be required to remove all furniture, equipment and personal property from the Sublet Premises and shall return such space to Landlord in broom-clean condition. [NO FURTHER TEXT ON THIS PAGE]for general office purposes.

Existing Sublease. The parties acknowledge that Tenant also currently subleases a portion As of the twenty-fourth (24th) floor date hereof Tenant is occupying the majority of the Tower (the “Sublet Premises”) Premises pursuant to that certain Sublease Agreement dated as of November 11December 31, 2008 (“Sublease”) by and 2009, between Tenant, as Subtenantsubtenant, and CFM DirectFibroGen, LLCInc., a Delaware limited liability company corporation (“CFMFibroGen”), as SublessorSublandlord (such Sublease, as amended, the “Sublease”). Concurrently with their execution The Sublease has been made subject to (i) that certain Build-to-Suit Lease dated December 20, 1996 (the “225 Lease”), between FibroGen, as tenant, and delivery Landlord, as landlord, and (ii) that certain Build-to-Suit Lease dated February 8, 2000 (the “201 Lease”), between FibroGen, as tenant, and Landlord, as landlord (the 225 Lease and 201 Lease, as amended, being referred to collectively as the “FibroGen Leases”). The Sublease and FibroGen Lease are each scheduled to expire on February 4, 2015, and the Lease Commencement Date under this Lease shall occur immediately upon such termination. Notwithstanding such termination of the Sublease and FibroGen Lease, Tenant hereby acknowledges and agrees that it shall remain obligated to Landlord, as a direct obligation under this Lease, to perform the removal and restoration obligations that Tenant currently has as subtenant under the Sublease, at the expiration or earlier termination of this Lease, all at Tenant’s sole cost and expense (the “Continuing Obligations”). If Landlord and Tenant shall reach agreement on a new lease to continue in the Premises, or the parties enter into that certain Assignment the lease contemplated by Section 1.3, below, for a period of Sublease Agreement in the form attached hereto as Exhibit “F” and made a part hereof whereby not less than seven (i7) Tenant shall assign to Landlord, and Landlord shall assume, all of Tenant’s right, title and interest in the Sublease effective as of the date which is sixty (60) days years after the Commencement Date of this Lease; (ii) Tenant shall agree to vacate the Sublet Premises and surrender possession of the Sublet Premises to Landlord in the condition required in the Sublease on or before the expiration of the Moving Periodinitial Lease Term (which agreement may be made or not made in the sole and absolute discretion of Landlord and Tenant), and (iii) then in either such case Landlord will waive the Continuing Obligations. The Continuing Obligations shall be responsible for all Annual Base Subrent (as defined in the Sublease) attributable limited to the sixty (60) day Moving Period. Notwithstanding anything to the contrary contained restoration and repair items set forth in the SubleaseExhibit F, Landlord agrees Tenant need not restore the Sublet Premises to its original condition or remove any improvements or cabling from the Sublet Premises; provided, however, that Tenant shall be required to remove all furniture, equipment and personal property from the Sublet Premises and shall return such space to Landlord in broom-clean condition. [NO FURTHER TEXT ON THIS PAGE]attached hereto.