Common use of Expansion Clause in Contracts

Expansion. The "Premises" leased by Tenant under the Lease shall be expanded and redefined to include the Second Amendment Expansion Space commencing upon the Second Amendment Expansion Space Commencement Date (as defined below) and expiring upon the 827994.04/LAH4321-047/7-10-09/dbs/dbs -1- UNION BANK PLAZA[Union Bank of California] Second Amendment Expansion Space Expiration Date (as defined below). The Second Amendment Expansion Space shall be leased on the same terms and conditions set forth in the Lease, subject to the modifications set forth in this Second Amendment. Landlord and Tenant hereby agree and have verified that the rentable area of the Second Amendment Expansion Space (as set forth in Recital D above) has been calculated in accordance with 1996 BOMA, and is not subject to adjustment or re-measurement by Landlord or Tenant. Notwithstanding the foregoing to the contrary, Tenant shall not be entitled to exercise Tenant's options to renew the Lease Term pursuant to Section 2.2 of the Original Lease with respect to the Second Amendment Expansion Space, it being understood that such options to renew shall not apply thereto; however, the Second Amendment Expansion Space shall be subject to Tenant's right of first offer set forth in Section 1.5 of the Original Lease (and if Tenant leases the Second Amendment Expansion Space as First Offer Space pursuant to Section 1.5 of the Original Lease, then such First Offer Space shall be subject to such options to renew to the extent provided in Section 1.5 of the Original Lease).

Expansion. The "Premises" leased by Tenant under the Lease shall be expanded and redefined to include the Second Amendment 35th Floor Expansion Space for the three (3) year period commencing upon the Second Amendment Expansion Space 35th Floor Commencement Date (as defined below) and expiring upon the 827994.04/LAH4321-047/7-10-09/dbs/dbs -1- UNION BANK PLAZA[Union Bank of California] Second Amendment Expansion Space 35th Floor Expiration Date (as defined below). The Second Amendment 35th Floor Expansion Space shall be leased on the same terms and conditions set forth in the Lease, subject to the modifications set forth in this Second Fourth Amendment. Landlord and Tenant hereby agree and have verified that the rentable area square feet of the Second Amendment 35th Floor Expansion Space (as set forth in Recital D F above) has been calculated in accordance with 1996 BOMA, and is not subject to adjustment or re-measurement by Landlord or Tenant. Notwithstanding the foregoing expansion and redefinition of the Premises to include the 35th Floor Expansion Space as provided herein above or the Second Amendment Expansion Space pursuant to the contrarySecond Amendment: (i) the provisions of Sections 4.3.4 and 14.7 of the Original Lease shall not be applicable to the 35th Floor Expansion Space or the Second Amendment Expansion Space; (ii) Tenant shall not have any right to terminate the Lease (as amended hereby) with respect to the entire Premises pursuant to Sections 11.2, 13.1 or 19.7.2 of the Original Lease (and Landlord shall not have such termination right with respect to the entire Premises pursuant to Sections 11.2 or 13.1 of the Original Lease) in the event of any casualty damage, condemnation or Abatement Event, respectively, that pertains only to the 35th Floor Expansion Space and/or the Second Amendment Expansion Space, but each party shall retain their respective termination rights to terminate the Lease (as amended hereby) as to either the 35th Floor Expansion Space and/or the Second Amendment Expansion Space, only, if and to the extent such casualty damage, condemnation or Abatement Event affects such applicable space and otherwise satisfies the requirements for termination as set forth in Sections 11.2, 13.1 and/or 19.7.2, respectively, of the Original Lease; (iii) the Permitted Use for the 35th Floor Expansion Space and the Second Amendment to Expansion Space shall be limited to Office Space Permitted Use, only; and (iv) Tenant shall not be entitled to exercise (A) Tenant's options to renew the Lease Term pursuant to Section 2.2 of the Original Lease with respect to the 35th Floor Expansion Space or the Second Amendment Expansion Space, or (B) Tenant's option to terminate the Lease pursuant to Section 2.4 of the Original Lease with respect to the 35th Floor Expansion Space or the Second Amendment Expansion Space, it being understood that such options to renew and terminate shall not apply thereto; however, the 3Sth Floor Expansion Space and the Second Amendment Expansion Space shall each be subject to Tenant's right of first offer 866683.06/LAI84321-00047/8-11-10/nng/dbs -2- UNION BANK PLAZA[Union Bank of California] set forth in after the first three (3) sentences of Section 1.5 of the Original Lease (i.e., Tenant shall have no right to deliver to Landlord a Request Notice and Landlord shall have no obligation to deliver to Tenant a Response Notice with respect to the 35th Floor Expansion Space or the Second Amendment Expansion Space), and if Tenant leases the 35th Floor Expansion Space or the Second Amendment Expansion Space as First Offer Space pursuant to such provisions of Section 1.5 of the Original Lease, then such applicable First Offer Space shall be subject to such options to renew and terminate to the extent provided in Section 1.5 Sections 1.5, 2.2 and/or 2.4 of the Original LeaseLease (as applicable).

Expansion. The "Effective as of the Expansion Effective Date (defined below), the Premises" leased , as defined in the Lease, is increased from 25,805 rentable square feet on the 14th floor to 36,385 rentable square feet on the 14th and 17th floors by Tenant under the Lease addition of the Expansion Space, and from and after the Expansion Effective Date, the Original Premises and the Expansion Space, collectively, shall be expanded and redefined to include deemed the Second Amendment Premises, as defined in the Lease. The Term for the Expansion Space commencing upon shall commence on the Second Amendment Expansion Space Commencement Effective Date and end on the Termination Date (as defined below) and expiring upon in the 827994.04/LAH4321-047/7-10-09/dbs/dbs -1- UNION BANK PLAZA[Union Bank of California] Second Amendment Expansion Space Expiration Date (as defined belowLease). The Second Amendment Expansion Space shall be leased on is subject to all the same terms and conditions of the Lease (including all restrictions set forth in Section 5 of the Lease, subject to the modifications set forth provided that in this Second Amendment. Landlord and Tenant hereby agree and have verified that the rentable area no event shall any portion of the Second Amendment Landlord Work, as hereinafter defined, performed by Landlord in the Expansion Space (prior the delivery of same to Tenant be deemed to create any Tenant Triggered Compliance obligations), except as set forth in Recital D above) has been calculated in accordance with 1996 BOMA, expressly modified herein and is not subject to adjustment or re-measurement by Landlord or Tenant. Notwithstanding the foregoing to the contrary, except that Tenant shall not be entitled to exercise Tenant's options to renew the Lease Term pursuant to Section 2.2 of the Original Lease receive any allowances, abatements or other financial concessions granted with respect to the Second Amendment Original Premises unless such concessions are expressly provided for herein with respect to the Expansion Space, it being understood . Landlord and Tenant stipulate and agree that such options to renew the rentable square footage of the Expansion Space is correct and shall not apply thereto; howeverbe remeasured, unless there is an actual physical change in the Second Amendment Expansion Space Space. Tenant shall be subject deliver to Tenant's right of Landlord the first offer set forth in Section 1.5 month’s estimated gross Rent obligation concurrently with its delivery of the Original Lease (and if Tenant leases the Second Amendment Expansion Space as First Offer Space pursuant to Section 1.5 Tenant-executed copy of the Original Lease, then such First Offer Space shall be subject to such options to renew to the extent provided in Section 1.5 of the Original Lease)this Amendment.

Expansion. Upon receipt of written notice from Landlord that the lease for approximately 21,550 rentable square feet to BG Medicine, Inc. (the “BG Lease”) has terminated and that the BG Expansion Premises are being delivered to Tenant, the Premises shall automatically expand in accordance with this Section 2.1.2 to include an additional 21,550 rentable square feet of space in the Building (the “BG Expansion Premises”), which BG Expansion Premises is more particularly shown on the plan attached hereto as Exhibit A-1. Following the expansion described in this Section 2.1.2, the Premises will include all common areas of the Building. The "Premises" leased by Tenant under lease of the Lease BG Expansion Premises shall be expanded and redefined to include the Second Amendment Expansion Space commencing upon the Second Amendment Expansion Space Commencement Date (as defined below) and expiring upon the 827994.04/LAH4321-047/7-10-09/dbs/dbs -1- UNION BANK PLAZA[Union Bank of California] Second Amendment Expansion Space Expiration Date (as defined below). The Second Amendment Expansion Space shall be leased on the same terms and conditions set forth in the Lease, subject to the modifications that are set forth in this Second AmendmentLease for the Premises, including without limitation, Section 2.4.1 below, except that the Rent Commencement Date for the BG Expansion Premises shall be ninety (90) days after the date on which the BG Expansion Premises are delivered to Tenant in accordance herewith (the “BG Delivery Date”), the Improvement Allowance for the BG Expansion Premises shall be $495,650 and the Space Planning Allowance for the BG Expansion Premises shall be $48,487.50. The provisions of this Section 2.1.2 shall be self-operative, but at either party’s request, Landlord and Tenant hereby agree and have verified that shall enter into an amendment to this Lease to reflect the rentable area expansion of the Second Amendment Premises to include the BG Expansion Space (Premises. The BG Expansion Premises shall be delivered to Tenant in “broom clean” condition, but including all biotechnology trade fixtures that are affixed to the BG Expansion Premises as set forth in Recital D above) has been calculated in accordance with 1996 BOMAof the date hereof, including any benches, cabinets and racks, and is not subject to adjustment or re-measurement by Landlord or Tenant. Notwithstanding the foregoing to the contraryfree of all tenants and occupants, Tenant shall not be entitled to exercise Tenant's options to renew the Lease Term pursuant to Section 2.2 of the Original Lease with respect to the Second Amendment Expansion Space, it being understood that and such options to renew shall not apply thereto; however, the Second Amendment Expansion Space delivery shall be subject to Tenant's right the provisions of first offer set forth in Section 1.5 2.4(d) below. The term of the Original BG Lease is scheduled to expire on June 30, 2008 (and if the tenant thereunder is entitled to an extension term of one (1) additional year). Notwithstanding the provisions of this Section 2.1.2, the BG Delivery Date shall not occur prior to June 30, 2009 and no later than July 1, 2010 (the “BG Outside Delivery Date”), it being agreed that Tenant leases the Second Amendment Expansion Space as First Offer Space pursuant to Section 1.5 of the Original Lease, then such First Offer Space shall be subject to such options to renew may terminate its rights to the extent provided in Section 1.5 of BG Expansion Premises if the Original Lease)BG Delivery date occurs later than the Outside BG Delivery Date.

Expansion. Landlord hereby leases to Tenant and Tenant hereby rents from Landlord an additional 15,078 rentable square feet located adjacent to the Original Premises and more commonly known as Suite 200, as identified on Exhibit A attached hereto and incorporated herein by this reference ("Additional Space"). The Additional Space, together with the Original Premises, aggregate 24,118, and is hereinafter referred to collectively as the "Premises." The Additional Space is leased by Tenant under on the Lease following terms and conditions: A. The Additional Space shall be expanded completed in accordance with the terms of the Work Letter attached as Exhibit D to the Original Lease, except that the Submission Date with respect to Tenant's delivery of space plans for the Additional Space shall be October 1, 1999 and redefined to include the Second Amendment Expansion Premises shall be Ready for Occupancy on or before January 1, 2000. Landlord shall give Tenant a tenant finish allowance for the Additional Space commencing upon in the Second Amendment Expansion amount of $22.00 per rentable square foot of the Additional Space Commencement Date (as defined belowi.e. $331,716.00) and expiring upon the 827994.04/LAH4321-047/7-10-09/dbs/dbs -1- UNION BANK PLAZA[Union Bank of California] Second Amendment Expansion ("Additional Space Expiration Date (as defined belowAllowance"). The Second Amendment Expansion Additional Space Allowance shall be leased paid by Landlord to Tenant on the same terms and conditions set forth as provided in the Lease, subject Lease with respect to the modifications set forth in this Second Amendment. payment by Landlord and Tenant hereby agree and have verified that the rentable area of the Second Amendment Expansion Tenant Finish Allowance. B. On January 1, 2000, Tenant shall commence paying Base Rent and Additional Rent on the Additional Space as hereinafter set forth. C. Simultaneously with execution of this Amendment, Tenant shall increase the Security Deposit by depositing with Landlord an additional Seventeen Thousand Three Hundred Thirty-Nine and 70/100 Dollars (as set forth in Recital D above$17,339.70) has been calculated to be held by Landlord in accordance with 1996 BOMA, and is not subject Section 4 of the Original Lease. The aggregate amount of the Security Deposit to adjustment or re-measurement be held by Landlord or Tenant. Notwithstanding the foregoing to the contrary, Tenant shall not be entitled to exercise $28,108.70. D. Tenant's options Pro Rata Share is equal to renew the Lease Term pursuant to Section 2.2 24.63%. E. Except as modified by this Amendment, all other terms and provisions of the Original Lease with respect to the Second Amendment Expansion Space, it being understood that such options to renew shall not apply thereto; however, the Second Amendment Expansion Space shall be subject to Tenant's right of first offer set forth in Section 1.5 lease of the Original Additional Space and all references in the Lease (and if Tenant leases the Second Amendment Expansion Space as First Offer Space pursuant to Section 1.5 of the Original Lease, then such First Offer Space shall be subject to such options to renew to the extent provided in Section 1.5 of "Premises" shall include the Original Lease)Additional Space.

Expansion. The Subject to the provisions of this Section, Lessee shall have the option (the "Expansion Option") to subject the second floor of the Building, containing approximately 6,500 rentable square feet (the "Expansion Premises" leased by Tenant under "), to all of the terms of this Lease (except for Basic Rent, which shall be expanded and redefined to include calculated in the Second Amendment Expansion Space commencing upon the Second Amendment Expansion Space Commencement Date (as defined below) and expiring upon the 827994.04/LAH4321-047/7-10-09/dbs/dbs -1- UNION BANK PLAZA[Union Bank of California] Second Amendment Expansion Space Expiration Date (as defined manner provided below). The Second Amendment Expansion Space shall be leased on the same terms and conditions set forth in the Lease, subject to the modifications set forth in this Second Amendment. Landlord and Tenant hereby agree and have verified Lessee acknowledges that the rentable area Expansion Premises are currently occupied by another lessee ("Current Occupant") whose lease expires on or about December 31, 1994. Provided that both (i) an "Event of the Second Amendment Expansion Space Default" (as set forth in Recital D abovehereinafter defined) has been calculated in accordance with 1996 BOMA, not occurred and is not then continuing as of the day on which Lessee purports to exercise the option herein granted, and (ii) as of such date the Lessee named herein is actually occupying at least twenty-five (25%) percent of the Premises, Lessee shall have the right to lease the Expansion Premises for a term commencing on the date on which Lessor delivers possession thereof to Lessee, and ending on the last day of the "Lease Term" (as hereinafter defined), by giving written notice of exercise to Lessor not later than July 1, 1994. If Lessee exercises its right under this Section to lease the Expansion Premises, then such space shall become subject to adjustment or re-measurement by Landlord or Tenant. Notwithstanding all of the foregoing terms of this Lease EXCEPT that "Basic Rent" for such space shall be in an amount equal to the contrary"Fair Market Value" thereof (as these terms are hereinafter defined). In the event that Lessee, Tenant for any reason whatsoever, fails or refuses to give such notice by July 1, 1994, Lessee shall not be entitled deemed to exercise Tenant's options to renew the Lease Term pursuant to have waived its rights under this Section 2.2 of the Original Lease with respect to the Second Amendment Expansion Space, it being understood that such options to renew shall not apply thereto; however, Premises for the Second Amendment Expansion Space shall be subject to Tenant's right of first offer set forth in Section 1.5 remainder of the Original Lease (and if Tenant leases the Second Amendment Expansion Space as First Offer Space pursuant to Section 1.5 of the Original Lease, then such First Offer Space shall be subject to such options to renew to the extent provided in Section 1.5 of the Original Lease)Term.

Expansion. As used herein, “Expansion Premises” shall mean the increment of space commonly known as Suite D in the building located at 00000 Xxxxxxxxx Xxxxxx consisting of approximately 2,850 square feet more particularly shown on the attached Exhibit #1. The "Premises" leased by Tenant under the Lease Expansion Premises shall be expanded added to the Existing Premises on July 1, 2013 and redefined to include shall remain a portion of the Second Amendment Expansion Space commencing upon the Second Amendment Expansion Space Commencement Date “Premises” (as defined below) and expiring upon throughout the 827994.04/LAH4321-047/7-10-09/dbs/dbs -1- UNION BANK PLAZA[Union Bank of California] Second Amendment Expansion Space Expiration Date Term (as defined below). The Second Amendment Expansion Space shall be leased on the same terms and conditions set forth in the Lease, subject to the modifications set forth in this Second Amendment. Landlord and Tenant hereby agree and have verified estimates that the rentable area possession of the Second Expansion Premises will be tendered to Tenant on July 1, 2013 (the “Estimated Delivery Date”); provided, however, that if Landlord is unable to tender possession of the Expansion Premises to Tenant by the Estimated Delivery Date, then: (a) the validity of this Amendment Expansion Space (as set forth in Recital D above) has been calculated in accordance with 1996 BOMA, and is not subject to adjustment or re-measurement by Landlord or Tenant. Notwithstanding the foregoing to the contrary, Tenant shall not be entitled affected or impaired thereby; (b) Landlord shall not be in default hereunder or be liable for damages therefor; and (c) Tenant shall accept possession of the Expansion Premises on the date when Landlord tenders possession thereof to exercise Tenant's options to renew . As of July 1, 2013, the definition of “Premises” in the Basic Lease Information of the Lease Term pursuant shall be modified to Section 2.2 provide that the “Premises” consists of 9,658 square feet (the combined Existing Premises and the Expansion Premises shall hereafter be referred to as the “Premises”). The Expansion Premises shall remain a portion of the Original Lease with respect “Premises” throughout the Term of the Lease. As used herein, the “Expansion Term” shall mean the period starting on July 1, 2013 and ending on August 31, 2015. Tenant shall accept the Expansion Premises in their “as is” state and condition and Landlord shall have no obligation to make or pay for any improvements or renovations in or to the Second Amendment Expansion Space, it being understood that such options Premises or to renew shall not apply thereto; however, otherwise prepare the Second Amendment Expansion Space shall be subject to Premises for Tenant's right of first offer set forth in Section 1.5 of the Original Lease (and if Tenant leases the Second Amendment Expansion Space as First Offer Space pursuant to Section 1.5 of the Original Lease, then such First Offer Space shall be subject to such options to renew to the extent provided in Section 1.5 of the Original Lease)’s occupancy.

Expansion. The "Premises" leased by During the initial thirty-six (36) months of the Term, Tenant under shall have the Lease right to request additional space on the second and fourth floor within the Office Unit from Landlord to the extent space is available. Tenant shall be expanded and redefined deemed to include the Second Amendment Expansion Space commencing upon the Second Amendment Expansion Space Commencement Date (as defined below) and expiring upon the 827994.04/LAH4321-047/7-10-09/dbs/dbs -1- UNION BANK PLAZA[Union Bank of California] Second Amendment Expansion Space Expiration Date (as defined below). The Second Amendment Expansion Space shall be leased agree to lease any such expansion space on the same terms and conditions set forth in the as this Lease, subject except that (i) the definition of Premises shall be amended to include the expansion space, (iii) the Fixed Basic Rent payable for the expansion space shall be equal to the modifications set forth in this Second Amendment. Landlord and Tenant hereby agree and have verified that per square foot amount of Fixed Basic Rent then payable for the rentable area of the Second Amendment Expansion Space (as set forth in Recital D above) has been calculated in accordance with 1996 BOMAPremises, and is not which shall be subject to adjustment or re-measurement by Landlord or Tenant. Notwithstanding the foregoing to the contrary, Tenant shall not be entitled to exercise Tenant's options to renew the Lease Term pursuant to Section 2.2 1.N, (iv) Tenant’s Proportionate Share of Operating Expenses and Increases in Real Estate Taxes shall be proportionately increased based upon the addition of the Original expansion space to the Premises, (v) Tenant shall accept the expansion space in its “as is” condition, (vi) Landlord shall provide the same per square foot Tl Allowance as was provided for the Premises as a tenant improvement allowance for the expansion space but ratably reduced based on the length of the remaining term after the expansion space is delivered to Tenant for the construction of tenant improvements within the expansion space as approved by Landlord, (vii) Landlord shall provide the same number of parking spaces per square foot of the expansions space that was provided for the Premises, (viii) the term of the Lease shall commence with respect to the Second Amendment Expansion Spaceexpansion space and Tenant shall commence paying Fixed Basic Rent and Additional Rent on the date that is not greater than six (6) months after the delivery of Tenant’s request to expand, it being understood that such options to renew shall not apply thereto; however, and (ix) the Second Amendment Expansion Space Termination Fee (as defined in Section 29) shall be subject increased by an amount equal to Tenant's right of first offer set forth in Section 1.5 50% of the Original Lease (Fixed Basic Rent payable for such expansion space for the ninth, tenth and if Tenant leases the Second Amendment Expansion Space as First Offer Space pursuant to Section 1.5 eleventh years of the Original Lease, then such First Offer Space shall be subject to such options to renew to the extent provided in Section 1.5 of the Original Lease)Term.