Common use of Final Rescission Right Clause in Contracts

Final Rescission Right. Following Tenant's waiver of its lnitial Rescission Right and the development by Landlord of preliminary plans for such ldentified Expansion Building, Landlord shall prepare a RFP for 3 general contractors reasonably acceptable to Landlord and Tenant who will each be requested to respond with their fee and general conditions based on the Expansion Building Preliminary Plans. Landlord and Tenant shall use reasonable efforts to agree upon one of the bids ("Gontractor's lnitial Bid") for the purposes of developing a revised estimate of the Project Costs. Based on the Contractor's lnitial Bid, Landlord shall deliver to Tenant a revised written estimate on the part of Landlord of the Project Costs for the ldentified Expansion Building ("Revised Project Cost Estimate"). Tenant shall have a final right ("Finat Rescission Right") to rescind the applicable Expansion Notice by delivery to Landlord of a written rescission notice ("Final Rescission Notice") on or before (i) the date that is 15 business days after Landlord's delivery to Tenant of the Revised Project Cost Estimate for the ldentified Expansion Building if (and only if) the Revised Project Cost Estimate exceeds the lnitial Project Cost Estimate by more lhan 20o/o, or (ii) the date that is 5 business days after Landlord selection of such Contractor's lnitial Bid for the purposes of developing the Revised Project Cost Estimate if Tenant was unwilling to agree to use the Contractor's lnitial Bid selected by Landlord for the purposes of developing a revised estimate of the Project Costs. lf Tenant fails to timely deliver the Final Rescission Notice to Landlord, Tenant shall be deemed to have waived its Final Rescission Right. lf Tenant delivers the Final Rescission Notice to Landlord pursuant to this paragraph (and Tenant does not continue to pay Land Rent as provided for in this Lease), Tenant's Expansion Right with respect to the ldentified Expansion Building shall terminate and be of no further force or effect, in which case Tenant shall have no further rights under Section 3g with respect to such ldentified Expansion Building, and Landlord shall have the right to develop any new building(s) at the Project and lease all or any portion of such new building(s) to any thirdparty(ies) (except as provided in Sections 39(fl and 44(r)) upon any terms and conditions acceptable to Landlord unless Tenant continues to pay the Land Rent as provided for in Section39(b) in which case Landlord shall not have the right to develop any new building(s) until the Outside Expansion Right Expiration Date. (iii)

Final Rescission Right. Following Tenant's ’s waiver of its lnitial Initial Rescission Right and the development by Landlord of preliminary plans for such ldentified Identified Expansion Building, 5200 Research Place/Illumina — Page 41 Landlord shall prepare a RFP for 3 general contractors reasonably acceptable to Landlord and Tenant who will each be requested to respond with their fee and general conditions based on the Expansion Building Preliminary Plans. Landlord and Tenant shall use reasonable efforts to agree upon one of the bids ("Gontractor's lnitial “Contractor’s Initial Bid"”) for the purposes of developing a revised estimate of the Project Costs. Based on the Contractor's lnitial ’s Initial Bid, Landlord shall deliver to Tenant a revised written estimate on the part of Landlord of the Project Costs for the ldentified Identified Expansion Building ("“Revised Project Cost Estimate"”). Tenant shall have a final right ("Finat “Final Rescission Right"”) to rescind the applicable Expansion Notice by delivery to Landlord of a written rescission notice ("“Final Rescission Notice"”) on or before (i) the date that is 15 business days after Landlord's ’s delivery to Tenant of the Revised Project Cost Estimate for the ldentified Identified Expansion Building if (and only if) the Revised Project Cost Estimate exceeds the lnitial Initial Project Cost Estimate by more lhan 20o/othan 20%, or (ii) the date that is 5 business days after Landlord selection of such Contractor's lnitial ’s Initial Bid for the purposes of developing the Revised Project Cost Estimate if Tenant was unwilling to agree to use the Contractor's lnitial ’s Initial Bid selected by Landlord for the purposes of developing a revised estimate of the Project Costs. lf If Tenant fails to timely deliver the Final Rescission Notice to Landlord, Tenant shall be deemed to have waived its Final Rescission Right. lf If Tenant delivers the Final Rescission Notice to Landlord pursuant to this paragraph (and Tenant does not continue to pay Land Rent as provided for in this Lease), Tenant's ’s Expansion Right with respect to the ldentified Identified Expansion Building shall terminate and be of no further force or effect, in which case Tenant shall have no further rights under Section 3g 39 with respect to such ldentified Identified Expansion Building, and Landlord shall have the right to develop any new building(s) at the Project and lease all or any portion of such new building(s) to any thirdparty(iesthird party(ies) (except as provided in Sections 39(fl 39(f) and 44(r)) upon any terms and conditions acceptable to Landlord unless Tenant continues to pay the Land Rent as provided for in Section39(bSection 39(b) in which case Landlord shall not have the right to develop any new building(s) until the Outside Expansion Right Expiration Date. (iii).

Final Rescission Right. Following Tenant's ’s waiver of its lnitial Initial Rescission Right and the development by Landlord of preliminary plans for such ldentified Identified Expansion Building, Landlord shall prepare a RFP for 3 general contractors reasonably acceptable to Landlord and Tenant who will each be requested to respond with their fee and general conditions based on the Expansion Building Preliminary Plans. Landlord and Tenant shall use reasonable efforts to agree upon one of the bids ("Gontractor's lnitial “Contractor’s Initial Bid"”) for the purposes of developing a revised estimate of the Project Costs. Based on the Contractor's lnitial ’s Initial Bid, Landlord shall deliver to Tenant a revised written estimate on the part of Landlord of the Project Costs for the ldentified Identified Expansion Building ("“Revised Project Cost Estimate"”). Tenant shall have a final right ("Finat “Final Rescission Right"”) to rescind the applicable Expansion Notice by delivery to Landlord of a written rescission notice ("“Final Rescission Notice"”) on or before (i) the date that is 15 business days after Landlord's ’s delivery to Tenant of the Revised Project Cost Estimate for the ldentified Identified Expansion Building if (and only if) the Revised Project Cost Estimate exceeds the lnitial Initial Project Cost Estimate by more lhan 20o/othan 20%, or (ii) the date that is 5 business days after Landlord selection of such Contractor's lnitial ’s Initial Bid for the purposes of developing the Revised Project Cost Estimate if Tenant was unwilling to agree to use the Contractor's lnitial ’s Initial Bid selected by Landlord for the purposes of developing a revised estimate of the Project Costs. lf If Tenant fails to timely deliver the Final Rescission Notice to Landlord, Tenant shall be deemed to have waived its Final Rescission Right. lf If Tenant delivers the Final Rescission Notice to Landlord pursuant to this paragraph (and Tenant does not continue to pay Land Rent as provided for in this Lease), Tenant's ’s Expansion Right with respect to the ldentified Identified Expansion Building shall terminate and be of no further force or effect, in which case Tenant shall have no further rights under Section 3g 39 with respect to such ldentified Identified Expansion Building, and Landlord shall have the right to develop any new building(s) at the Project and lease all or any portion of such new building(s) to any thirdparty(iesthird party(ies) (except as provided in Sections 39(fl 39(f) and 44(r)) upon any terms and conditions acceptable to Landlord unless Tenant continues to pay the Land Rent as provided for in Section39(bSection 39(b) in which case Landlord shall not have the right to develop any new building(s) until the Outside Expansion Right Expiration Date. (iii).

Final Rescission Right. Following Tenant's ’s waiver of its lnitial Initial Rescission Right and the development by Landlord of preliminary plans for such ldentified Identified Expansion Building, Landlord shall prepare a RFP for 3 general contractors reasonably acceptable to Landlord and Tenant who will each be requested to respond with their fee and general conditions based on the Expansion Building Preliminary Plans. Landlord and Tenant shall use reasonable efforts to agree upon one of the bids ("Gontractor's lnitial “Contractor’s Initial Bid"”) for the purposes of developing a revised estimate of the Project Costs. Based on the Contractor's lnitial ’s Initial Bid, Landlord shall deliver to Tenant a revised written estimate on the part of Landlord of the Project Costs for the ldentified Identified Expansion Building ("“Revised Project Cost Estimate"”). Tenant shall have a final right ("Finat “Final Rescission Right"”) to rescind the applicable Expansion Notice by delivery to Landlord of a written rescission notice ("“Final Rescission Notice"”) on or before (i) the date that is 15 business days after Landlord's ’s delivery to Tenant of the Revised Project Cost Estimate for the ldentified Identified Expansion Building if (and only if) the Revised Project Cost Estimate exceeds the lnitial Initial Project Cost Estimate by more lhan 20o/othan 20%, or (ii) the date that is 5 business days after Landlord selection of such Contractor's lnitial ’s Initial Bid for the purposes of developing the Revised Project Cost Estimate if Tenant was unwilling to agree to use the Contractor's lnitial ’s Initial Bid selected by Landlord for the purposes of developing a revised estimate of the Project Costs. lf If Tenant fails to timely deliver the Final Rescission Notice to Landlord, Tenant shall be deemed to have waived its Final Rescission Right. lf If Tenant delivers the Final Rescission Notice to Landlord pursuant to this paragraph (and Tenant does not continue to pay Land Rent as provided for in this Lease)paragraph, Tenant's ’s Expansion Right with respect to the ldentified Identified Expansion Building shall terminate and be of no further force or effect, in which case Tenant shall have no further rights under Section 3g 39 with respect to such ldentified Identified Expansion Building, and Landlord but Tenant shall have the right to develop any new building(s) at the Project and lease all or any portion of such new building(s) to any thirdparty(ies) (except as provided in Sections 39(fl and 44(r)) upon any terms and conditions acceptable to Landlord unless Tenant continues nonetheless be required to pay the Land Rent as provided for in Section39(b) in which case Landlord shall not have the right to develop any new building(s) until the Outside Expansion Right Expiration Date. (iii)expiration of the Base Term.