Common use of Grant of Option; Conditions Clause in Contracts

Grant of Option; Conditions. Tenant shall have the right to extend the First Extension Term (the "SECOND EXTENSION OPTION") with respect to the entire Premises only for one additional period of 5 years commencing on the day following the Termination Date of the First Extension Term and ending on the 5th anniversary of the Termination Date of the First Extension Term (the "SECOND EXTENSION TERM"), if: A. Landlord receives notice of exercise ("SECOND INITIAL EXTENSION NOTICE") not less than 12 full calendar months prior to the expiration of the First Extension Term and not more than 15 full calendar months prior to the expiration of the First Extension Term; and B. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Notice (as defined below); and C. No more than 25% of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Notice or prior to the date Tenant delivers its Second Binding Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E.

Grant of Option; Conditions. Tenant shall have the right (the “Renewal Option”) to extend the First Extension Term of the Lease for the entire Premises, together with Suite 700 on the seventh (7th) floor of the Xxxxxxx Tower, consisting of 14,265 rentable square feet of space (the "SECOND EXTENSION OPTION"“Seventh Floor Space”) with respect which Tenant currently (as of the Effective Date) occupies pursuant to the entire Premises only provisions of a sub-sublease dated as of September 29, 2009, with Sedgwick, Detert, Xxxxx & Xxxxxx (“Xxxxxxxx”) (collectively, the “Renewal Premises”) for one (1) additional period of 5 years five (5) years, commencing on the day following the Termination Date of the First Extension Term and ending on the 5th fifth (5th) anniversary of the Termination Date of the First Extension Term (the "SECOND EXTENSION TERM"“Renewal Term”), . Sedgwick has an existing option to renew the term of its Lease for such Seventh Floor Space (the “Sedgwick Option”). Tenant may exercise the Renewal Option if: A. (A) Landlord receives irrevocable notice of exercise ("SECOND INITIAL EXTENSION NOTICE"“Initial Renewal Notice”) not less than 12 the later of (i) nine (9) full calendar months prior to the expiration of Termination Date and (ii) fifteen (15) days after Sedgwick has waived its right to exercise the First Extension Term Sedgwick Option, and not more than 15 fifteen (15) full calendar months prior to the expiration of the First Extension TermTermination Date; and B. (B) Tenant is not in Default under the Lease beyond any applicable cure periods hereunder at the time that Tenant delivers its Second Initial Extension Renewal Notice or at as of the time Tenant delivers its Second Binding Notice (as defined below)Termination Date; and C. (C) No more than 25% part of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) Renewal Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever as of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% as of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; andTermination Date; and D. The (D) Tenant’s interest in this Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Renewal Notice or prior to as of the date Tenant delivers its Second Binding Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E.Termination Date.

Grant of Option; Conditions. Notwithstanding anything in the Lease to the contrary, any renewal or extension options set forth in the Lease shall be with respect to the Existing Premises only. Tenant shall have the right to extend the First Extension Expansion Term (the "SECOND EXTENSION OPTIONExpansion Renewal Option") with respect to the entire Added Premises only for one (1) additional period of 5 years commencing on the day following the Termination Expansion Expiration Date expiring as of the First Extension Term and ending on the 5th anniversary of the Termination Date of the First Extension Term June 30, 2027 (the "SECOND EXTENSION TERMExpansion Renewal Term"), if: A. (i) Landlord receives irrevocable notice of exercise of the Expansion Renewal Option ("SECOND INITIAL EXTENSION NOTICE"“Expansion Renewal Notice”) not less no earlier than 12 full calendar thirteen (13) months and no later than ten (10) months prior to the then expiration of the First Extension Term and not more than 15 full calendar months prior to the expiration of the First Extension Expansion Term; and B. (ii) Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Second Initial Extension Expansion Renewal Notice or at the time Tenant delivers (or is deemed to have delivered) its Second Binding Notice or Rejection Notice (as said terms are defined below); and C. No more than 25% of the Office Space (in the aggregateiii) and no more than 25% of the Lab Space Tenant (in the aggregate) is sublet (other than or a subtenant or assignee pursuant to a Permitted Transfer, as defined in Section 11 Disposition) occupies at least seventy-five percent (75%) of the Lease) at RSF in the time that Tenant delivers its Second Initial Extension Notice or Added Premises at the time Tenant delivers (or is deemed to have delivered) its Second Binding Notice or Rejection Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. The (iv) Tenant’s interest in the Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the LeaseDisposition) prior to the date that Tenant delivers its Second Initial Extension the Expansion Renewal Notice or prior to at the date time Tenant delivers (or is deemed to have delivered) its Second Binding Notice or Rejection Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E..

Grant of Option; Conditions. Tenant shall have the right to extend the First Extension Term (the "SECOND FIRST EXTENSION OPTION") with respect to the entire Premises only for one additional period of 5 years commencing on the day following the Termination Date of the First Extension initial Term and ending on the 5th anniversary of the Termination Date of the First Extension Term (the "SECOND FIRST EXTENSION TERM"), if: A. Landlord receives notice of exercise ("SECOND FIRST INITIAL EXTENSION NOTICE") not less than 12 full calendar months prior to the expiration of the First Extension initial Term and not more than 15 full calendar months prior to the expiration of the First Extension initial Term; and B. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Second First Initial Extension Notice or at the time Tenant delivers its Second First Binding Notice (as defined below); and C. No more than 25% of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second First Initial Extension Notice or at the time Tenant delivers its Second First Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second First Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second First Extension Option shall not apply to the Lab Space, but Tenant's Second First Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second First Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second First Initial Extension Notice or prior to the date Tenant delivers its Second First Binding Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E..

Grant of Option; Conditions. Tenant shall have the right to extend the First Extension Term (the "SECOND EXTENSION OPTION"“Renewal Option”), for two (2) with respect to the entire Premises only for one additional period periods of 5 five (5) years each (each, a “Renewal Term”), commencing on the day following the Extended Termination Date Date, or on the day following the last day of the First Extension Term prior Renewal Term, as applicable (the “Applicable Expiration Date”), and ending on the 5th fifth (5th) anniversary of the Termination Date or on the last day of the First Extension Term prior Renewal Term, as applicable. Such Renewal Options shall be personal to Tenant and any transferees pursuant to a permitted transfer under Article 21, Section F of the Lease (the "SECOND EXTENSION TERM"), a “Permitted Transfer”) and shall be exercisable if: A. (i) Landlord receives notice of exercise ("SECOND INITIAL EXTENSION NOTICE"a “Renewal Notice”) not less than 12 six (6) full calendar months prior to the expiration of the First Extension Term Applicable Expiration Date and not more than 15 twelve (12) full calendar months prior to the expiration of the First Extension TermApplicable Expiration Date; and B. (ii) Tenant is not in Default default under the this Lease beyond any applicable cure periods at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice (as defined below); and C. No (iii) Tenant is operating in the Premises and not more than twenty-five percent (25% %) of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Renewal Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. The (iv) Lease has not been assigned (other than pursuant to except in connection with a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Notice or prior to the date Tenant delivers its Second Binding Renewal Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E..

Grant of Option; Conditions. Tenant shall have the right (the “Renewal Option”) to further extend the First Extension Term (of the "SECOND EXTENSION OPTION") with respect to Lease for the entire Premises only for one (1) additional period of 5 five (5) years commencing on the day following the Termination Extended Expiration Date of the First Extension Term and ending on the 5th fifth (5th) anniversary of the Termination Date of the First Extension Term (the "SECOND EXTENSION TERM"“Renewal Term”), . Tenant may exercise the Renewal Option if: A. (1) Landlord receives Tenant’s irrevocable notice of exercise ("SECOND INITIAL EXTENSION NOTICE"“Initial Renewal Notice”) not less earlier than 12 full calendar months prior to the expiration of the First Extension Term July 31, 2018 and not more later than 15 full calendar months prior to the expiration of the First Extension TermOctober 31, 2018; and B. (2) Tenant is not in Default under the Lease beyond any applicable cure periods hereunder at the time that Tenant delivers its Second Initial Extension Renewal Notice or at as of the time Tenant delivers its Second Binding Notice (as defined below)Extended Expiration Date; and C. (3) No more than twenty five percent (25% %) of the Office Space (in the aggregate) and no more than 25% rentable area of the Lab Space (in the aggregate) Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever as of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; andExtended Expiration Date; and D. The (4) Tenant’s interest in this Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Renewal Notice or prior to as of the date Tenant delivers its Second Binding Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E.Extended Expiration Date.

Grant of Option; Conditions. Tenant shall have the right to extend the First Extension Term (the "SECOND EXTENSION OPTION"“Renewal Option”) for two (2) additional periods of five (5) years with respect to the entire Premises only for one additional first such renewal period of 5 years commencing on the day following the Termination Date of the First Extension initial Term and ending on the 5th fifth (5th) anniversary of the Termination Date and the second such renewal period commencing on the day following the expiration of the First Extension Term first renewal period and ending on the fifth (5th) annual anniversary of the "SECOND EXTENSION TERM"expiration of the first renewal period (each a “Renewal Term”), if: A. (i) With respect to each such Renewal Option, Landlord receives notice of exercise ("SECOND INITIAL EXTENSION NOTICE"“Initial Renewal Notice”) not less than 9 full calendar months prior to the expiration of the then-current Term and not more than 12 full calendar months prior to the expiration of the First Extension Term and not more than 15 full calendar months prior to the expiration of the First Extension then-current Term; and B. (ii) Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice (as defined below); and C. No (iii) Not more than 25% of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. (iv) The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Renewal Notice or prior to the date Tenant delivers its Second Binding Notice;. E. (v) With respect to the second Renewal Option, Tenant has validly exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E.first Renewal Option.

Grant of Option; Conditions. Tenant shall have the right to extend the First Extension Term (the "SECOND EXTENSION OPTION"“Renewal Option”), for two (2) with respect to the entire Premises only for one additional period periods of 5 five (5) years each (each, a “Renewal Term”), commencing on the day following the Extended Termination Date Date, or on the day following the last day of the First Extension Term prior Renewal Term, as applicable (the “Applicable Expiration Date”), and ending on the 5th fifth (5th) anniversary of the Prior Termination Date or on the last day of the First Extension Term prior Renewal Term, as applicable. Such Renewal Options shall be personal to Tenant and any transferee pursuant to a Permitted Transfer (as defined in Paragraph 21.5 of the "SECOND EXTENSION TERM"), Lease) and shall be exercisable if: A. (i) Landlord receives notice of exercise ("SECOND INITIAL EXTENSION NOTICE"a “Renewal Notice”) not less than 12 six (6) full calendar months prior to the expiration of the First Extension Term Applicable Expiration Date and not more than 15 twelve (12) full calendar months prior to the expiration of the First Extension TermApplicable Expiration Date; and B. (ii) Tenant is not in Default default under the Lease Lease, as amended hereby, beyond any applicable cure periods at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice (as defined below); and C. No more than 25% of the Office Space (iii) Tenant is operating in the aggregate) Leased Premises and no more than twenty-five percent (25% %) of the Lab Space (in the aggregate) Leased Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Renewal Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. The (iv) the Lease has not been assigned (other than pursuant to except in connection with a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Notice or prior to the date Tenant delivers its Second Binding Renewal Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E..

Grant of Option; Conditions. Subject to the terms of this Section 4. Tenant shall have the right (the “First Extension Option”) to extend the First Extension Term (the "SECOND EXTENSION OPTION") with respect to the entire Premises only for one (1) additional period of 5 five (5) years commencing on the day following the Termination Expiration Date and ending on the fifth (5th) anniversary of the Expiration Date (the “First Extension Term”). In addition, if Tenant exercises the First Extension Option and the Term is extended pursuant to such exercise, then, subject to the terms of this Section 4. Tenant shall have the right (the “Second Extension Option.” and together with the First Extension Option, each, an “Extension Option”) to extend the term of this Lease for an additional period of five (5) years commencing on the date immediately following the last day of the First Extension Term and ending on the 5th anniversary of the Termination Date last day of the First Extension Term (the "SECOND EXTENSION TERM"“Second Extension Term”, and together with the First Extension Term, each an “Extension Term”), . Tenant my exercise an Extension Option only if: A. (A) Tenant delivers written notice to Landlord receives notice (the “Extension Notice”) (i) electing to exercise the Extension Option and (ii) stating Tenant’s estimate of exercise the Prevailing Market ("SECOND INITIAL EXTENSION NOTICE"defined in Section 4.5 below) rate for the Extension Term not less than 12 full calendar months prior to the expiration of the First Extension Term and not more than 15 full calendar months prior to before the expiration of the First Extension Term; andprevious term; B. Tenant is not in (B) no Default under the Lease beyond any applicable cure periods at the time that exists when Tenant delivers its Second Initial the Extension Notice or at the time Tenant delivers its Second Binding Notice Notice; (as defined below); and C. No C) not more than 25% 35,475 rentable square feet of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that when Tenant delivers its Second Initial the Extension Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet ; (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. The D) this Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined ) before Tenant delivers the Extension Notice; and (E) in Section 11 the case of the Lease) prior to the date that Tenant delivers its Second Initial Extension Notice or prior to the date Tenant delivers its Second Binding Notice; E. Option. Tenant has exercised its the First Extension Option in accordance with Section 3 and the term of this EXHIBIT E.Lease has been extended pursuant to such exercise.

Grant of Option; Conditions. Subject to the terms herein, Tenant shall have the right to extend the First Extension Extended Term (the "SECOND EXTENSION OPTIONFirst Extension Option") with respect to the entire Premises only for one additional period of 5 years commencing on the day following the Termination Extended Expiration Date and ending on the 5th anniversary of the Extended Expiration Date (the "First Extension Term"), and, if Tenant properly exercised the First Extension Option and the Extended Term was extended as a result thereof, Tenant shall also have the right to extend the Extended Term (the "Second Extension Option") for one additional period of 5 years commencing on the date following the last day of the First Extension Term and ending on the 5th anniversary of the Termination Date last day of the First Extension Term (the "SECOND EXTENSION TERMSecond Extension Term"). Throughout the remainder of this provision, unless specifically provided otherwise, the First Extension Option and Second Extension Option are each referred to as an "Extension Option", and the First Extension Term and the Second Extension Term are each referred to as an "Extension Term". It is agreed that Tenant may exercise an Extension Option only if: A. Landlord receives notice of exercise ("SECOND INITIAL EXTENSION NOTICE") Not less than 9 and not less more than 12 full calendar months prior before the applicable expiration date, Tenant delivers written notice to Landlord (the expiration "Extension Notice") electing to exercise the Extension Option and stating Tenant's estimate of the First Extension Term and not more than 15 full calendar months prior to Prevailing Market (defined in Section 9.5 below) rate for the expiration of the First Extension Term; and; B. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that period when Tenant delivers its Second Initial the Extension Notice or at the time Tenant delivers its Second Binding Notice (as defined below); andNotice; C. No more than 25% part of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 an Affiliate of the LeaseTenant) at the time that when Tenant delivers its Second Initial the Extension Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that before Tenant delivers its Second Initial the Extension Notice or prior to the date Tenant delivers its Second Binding Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E..

Grant of Option; Conditions. Tenant acknowledges that the space located on the third floor of the Building containing approximately 4,114 square feet of rentable area and currently designated as Suite 310 (the “Suite 310”) is currently leased by Landlord (as successor-in-interest to EOP-Bay Park Plaza, L.L.C.) to Softscape, Inc. (“Softscape”) pursuant to the terms of that certain lease between Landlord and Softscape dated June 24, 2005, as the same may be amended from time to time (the “Softscape Existing Lease”). The parties hereby acknowledge that Tenant is currently, and shall remain, in possession of Suite 310 pursuant to that certain sublease dated March 27, 2008, between Tenant and Softscape, which sublease is scheduled to expire on July 31, 2010 (“Sublease Expiration Date”). The parties further acknowledge that the Softscape Existing Lease is scheduled to expire on October 2, 2010 (“Softscape Expiration Date”). Tenant shall have the right to extend option, but not the First Extension Term obligation (the "SECOND EXTENSION OPTION") with respect “Suite 310 Expansion Option”), to the entire Premises only lease Suite 310 for one additional period of 5 years a term commencing on the day date immediately following the Termination Date date which is the earlier to occur of (i) the Softscape Expiration Date, and (ii) the early termination of the First Extension Term Softscape Existing Lease (or Softscape’s right to possession) (such date, the “Suite 310 Commencement Date”), and ending ending, unless sooner terminated pursuant to the terms of the Lease, as amended, on the 5th anniversary of the Termination Date of the First Extension Term (the "SECOND EXTENSION TERM")Extended Expiration Date, if: A. 12.1.1 Landlord receives written notice (the “Suite 310 Expansion Notice”) from Tenant of the exercise ("SECOND INITIAL EXTENSION NOTICE") not less than 12 full calendar months of its Suite 310 Expansion Option prior to the expiration of the First Extension Term and not more than 15 full calendar months prior to the expiration of the First Extension TermSuite 310 Commencement Date; and B. 12.1.2 Tenant is not in Default default under the Lease Lease, as amended, beyond any applicable cure periods at the time that Tenant delivers its Second Initial Extension Notice or at Landlord receives the time Tenant delivers its Second Binding Notice (as defined below)Suite 310 Expansion Notice; and C. 12.1.3 No more than twenty-five percent (25% %) of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Landlord receives the Suite 310 Expansion Notice; and 12.1.4 Tenant delivers its Second Initial Extension Notice or is in occupancy of Suite 310 at the time Tenant delivers its Second Binding that Landlord receives the Suite 310 Expansion Notice, Tenant hereby acknowledging that its occupancy of Suite 310 after the Sublease Expiration Date shall be subject to Softscape’s consent; provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option that Landlord hereby agrees that Landlord shall not apply withhold its consent under the Softscape Existing Lease to the Lab Space, but such continued occupancy of Suite 310 by Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. The Lease 12.1.5 Tenant has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of abandoned the Lease) prior to Premises at the date that Tenant delivers its Second Initial Extension Notice or prior to time Landlord receives the date Tenant delivers its Second Binding Suite 310 Expansion Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E..

Grant of Option; Conditions. Tenant shall have the right to extend the First Extension --------------------------- Term (the "SECOND EXTENSION RENEWAL OPTION") with respect to the entire Premises only for one additional period of 5 years commencing on the day following the Termination Date of the First Extension initial Term and ending on the 5th anniversary of the Termination Date of the First Extension Term (the "SECOND EXTENSION RENEWAL TERM"), if: A. a. Landlord receives notice of exercise ("SECOND INITIAL EXTENSION RENEWAL NOTICE") not less than 12 full calendar months prior to the expiration of the First Extension Term and not more than 15 full calendar months prior to the expiration of the First Extension initial Term; and B. b. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice (as defined below); and C. c. No more than 25% part of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section Article 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. d. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Renewal Notice or prior to the date Tenant delivers its Second Binding Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E..

Grant of Option; Conditions. Subject to the terms herein, Tenant shall have the right to extend the First Extension Suite 108 Expansion Term (the "SECOND EXTENSION OPTIONFirst Extension Option") with respect to the entire Premises only for one additional period of 5 years commencing on the day following the Termination Suite I 08 Expansion Space Expiration Date and ending on the 5th anniversary of the Suite 108 Expansion Space Expiration Date (the "First Extension Term"), and, if Tenant properly exercised the First Extension Option and the Suite I 08 Expansion Term was extended as a result thereof, Tenant shall also have the right to extend the Suite I 08 Expansion Term (the "Second Extension Option") for one additional period of 5 years commencing on the date following the last day of the First Extension Term and ending on the 5th anniversary of the Termination Date last day of the First Extension Term (the "SECOND EXTENSION TERMSecond Extension Term"). Throughout the remainder of this provision, unless specifically provided otherwise, the First Extension Option and Second Extension Option are each referred to as an "Extension Option", and the First Extension Term and the Second Extension Term are each referred to as an "Extension Term". It is agreed that Tenant may exercise an Extension Option only if: A. Landlord receives notice of exercise ("SECOND INITIAL EXTENSION NOTICE") Not less than 9 and not less more than 12 full calendar months prior before the applicable expiration date, Tenant delivers written notice to Landlord (the expiration "Extension Notice") electing to exercise the Extension Option and stating Tenant's estimate of the First Extension Term and not more than 15 full calendar months prior to Prevailing Market (defined in Section 7.4.5 below) rate for the expiration of the First Extension Term; and; B. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that period when Tenant delivers its Second Initial the Extension Notice or at the time Tenant delivers its Second Binding Notice (as defined below); andNotice; C. No more than 25% part of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Suite 108 Expansion Space is sublet (other than pursuant to a Permitted Transfer), but only 20% an Affiliate of Tenant) when Tenant delivers the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; andNotice; and D. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that before Tenant delivers its Second Initial the Extension Notice or prior to the date Tenant delivers its Second Binding Notice; E. Tenant has exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E..

Grant of Option; Conditions. Tenant shall have the right to extend the First Extension Term for two (2) successive additional periods of five (5) years each (the "SECOND EXTENSION OPTION"“First Renewal Term” and “Second Renewal Term,” respectively, and each a “Renewal Term”, as exercised by the “First Renewal Option” and the “Second Renewal Option”) with respect to the entire Premises only for one additional period of 5 years each commencing on the day following the Termination Date expiration of the First Extension Term then effective Term, and ending on the 5th day preceding the fifth (5th) anniversary of the Termination Date expiration of the First Extension Term (the "SECOND EXTENSION TERM")then effective Term, if: A. (a) Landlord receives notice Notice of exercise ("SECOND INITIAL EXTENSION NOTICE"“Renewal Notice”) (i) with respect to the First Renewal Option or Second Renewal Option, not less than 12 twelve (12) full calendar months and not more than fifteen (15) full calendar months prior to the expiration of the First Extension Term and then current Lease Term; (b) An Event of Default has not more than 15 full calendar months occurred prior to the expiration of the First Extension Term; and B. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Second Initial Extension Renewal Notice or prior to the time Tenant delivers its Binding Notice (as defined below); (c) No more than twenty percent (20%) of the Premises is sublet at the time Tenant delivers its Renewal Notice or at the time Tenant delivers its Second Binding Notice (as defined below); and C. No more than 25% of the Office Space (in the aggregate) and no more than 25% of the Lab Space (in the aggregate) is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet ; (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. The d) This Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Renewal Notice or prior to the date Tenant delivers its Binding Notice other than to a Permitted Transferee (as defined in Section 14.8); and (e) With respect to the Second Binding Notice; E. Tenant Renewal Option only, Xxxxxx has exercised its the First Extension Option in accordance with Section 3 of this EXHIBIT E.Renewal Option.

Grant of Option; Conditions. Subject to the terms herein, Tenant shall have the right to extend the First Extension Term (the "SECOND EXTENSION OPTION"“First Extension Option”) with respect to the entire Premises only for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the “First Extension Term”), and, if Tenant properly exercised the First Extension Option and the Term was extended as a result thereof, Tenant shall also have the right to extend the Term (the “Second Extension Option”) for one additional period of 5 years commencing on the date following the last day of the First Extension Term and ending on the 5th anniversary of the Termination Date last day of the First Extension Term (the "SECOND EXTENSION TERM"“Second Extension Term”). Throughout the remainder of this Extension Option provision, unless specifically provided otherwise, the First Extension Option and Second Extension Option are each referred to as an “Extension Option”, and the First Extension Term and the Second Extension Term are each referred to as an “Extension Term”. It is agreed that Tenant may exercise an Extension Option only if: A. a. Landlord receives irrevocable and unconditional written notice of exercise ("SECOND INITIAL EXTENSION NOTICE"“Extension Notice”) (i) with respect to an exercise of the First Extension Option, not less than 12 full calendar months prior to the expiration of the initial Term and not more than 15 full calendar months prior to the expiration of the initial Term, or (ii) with respect to an exercise of the Second Extension Option, not less than 12 full calendar months prior to the expiration of the First Extension Term and not more than 15 full calendar months prior to the expiration of the First Extension Term; and B. b. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Notice (as defined below)Notice; and C. c. No more than 25% of the Office Space (in the aggregate) and no more than 25% of the Lab Space Premises (in the aggregate) is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. d. The Lease has not been assigned (other than pursuant to a Permitted Business Transfer, as defined in Section 11 11.04 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Notice or prior Notice; and e. With respect to the date Second Extension Option, Tenant delivers its Second Binding Notice; E. Tenant has previously properly exercised its the First Extension Option in accordance with Section 3 of this EXHIBIT E.and the Term was extended as a result thereof.

Grant of Option; Conditions. Tenant shall will have the right to extend the First Extension Term of the Lease (the "SECOND EXTENSION OPTION"“Renewal Option”) with respect to the entire Premises only for one (1) additional period of 5 five (5) years commencing on the day following the Termination Expiration Date of the First Extension Term and ending on the 5th fifth (5th) anniversary of the Termination Expiration Date of the First Extension Term (the "SECOND EXTENSION TERM"“Renewal Term”), ifif the following conditions (the “Renewal Option Conditions”) are satisfied: A. (i) Landlord receives irrevocable notice of exercise ("SECOND INITIAL EXTENSION NOTICE"“Initial Renewal Notice”) from Tenant not less than 12 fifteen (15) full calendar months prior to the expiration of the First Extension Term and not more than 15 full calendar months prior to the expiration of the First Extension TermExpiration Date; and B. (ii) Tenant is not in Default under the Lease beyond any applicable cure periods at and has not previously been in Monetary Default during the time that two (2) year period prior to the date on which Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Notice (as defined below)Renewal Notice; and C. (iii) No more than 25% portion of the Office Space Premises exceeding twenty-five percent (in the aggregate25%) and no more than 25% of the Lab Space (in RSF of the aggregate) Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever as of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% as of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; andExpiration Date; and D. The (iv) Tenant’s interest in the Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Renewal Notice or prior as of the Expiration Date; and (v) Tenant is in occupancy of at least approximately seventy-five percent (75%) (subject to differences in individual floor sizes) of RSF of the date Premises at the time that Tenant delivers its Second Binding Notice; E. Tenant has Initial Renewal Notice and as of the Expiration Date. Landlord may, at Xxxxxxxx’s option, exercised its First Extension in Landlord’s sole and absolute discretion, waive any of the Renewal Option Conditions in accordance with Section 3 of this EXHIBIT E.which case the Renewal Option, if otherwise properly exercised by Xxxxxx, shall remain in full force and effect.

Grant of Option; Conditions. Tenant shall will have the right to extend the First Extension Term of the Lease (the "SECOND EXTENSION OPTION"“Renewal Option”) with respect to the entire Premises only for one (1) additional period of 5 five (5) years commencing on the day following the Termination Expiration Date of the First Extension Term and ending on the 5th fifth (5th) anniversary of the Termination Expiration Date of the First Extension Term (the "SECOND EXTENSION TERM"“Renewal Term”), ifif the following conditions (the “Renewal Option Conditions”) are satisfied: A. (i) Landlord receives irrevocable notice of exercise ("SECOND INITIAL EXTENSION NOTICE"“Initial Renewal Notice”) from Tenant not less than 12 fifteen (15) full calendar months prior to the expiration of the First Extension Term and not more than 15 full calendar months prior to the expiration of the First Extension TermExpiration Date; and B. (ii) Tenant is not in Default under the Lease beyond any applicable cure periods at and has not previously been in Monetary Default during the time that two (2) year period prior to the date on which Tenant delivers its Second Initial Extension Notice or at the time Tenant delivers its Second Binding Notice (as defined below)Renewal Notice; and C. (iii) No more than 25% portion of the Office Space Premises exceeding twenty-five percent (in the aggregate25%) and no more than 25% of the Lab Space (in RSF of the aggregate) Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever as of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% as of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; andExpiration Date; and D. The (iv) Tenant’s interest in the Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Renewal Notice or prior as of the Expiration Date; and (v) Tenant is in occupancy of at least approximately seventy-five percent (75%) (subject to differences in individual floor sizes) of RSF of the date Premises at the time that Tenant delivers its Second Binding Notice; E. Tenant has Initial Renewal Notice and as of the Expiration Date. Landlord may, at Landlord’s option, exercised its First Extension in Landlord’s sole and absolute discretion, waive any of the Renewal Option Conditions in accordance with Section 3 of this EXHIBIT E.which case the Renewal Option, if otherwise properly exercised by Tenant, shall remain in full force and effect.

Grant of Option; Conditions. Tenant shall have the right to extend the First Extension Term (the "SECOND EXTENSION OPTION"“Renewal Option”) for two (2) additional periods of five (5) years with respect to the entire Premises only for one additional first such renewal period of 5 years commencing on the day following the Termination Date of the First Extension initial Term and ending on the 5th fifth (5th) anniversary of the Termination Date and the second such renewal period commencing on the day following the expiration of the First Extension Term first renewal period and ending on the fifth (5th) annual anniversary of the "SECOND EXTENSION TERM"expiration of the first renewal period (each a “Renewal Term”), if: A. (i) With respect to each such Renewal Option, Landlord receives notice of exercise ("SECOND INITIAL EXTENSION NOTICE"“Initial Renewal Notice”) not less than 9 full calendar months prior to the expiration of the then-current Term and not more than 12 full calendar months prior to the expiration of the First Extension Term and not more than 15 full calendar months prior to the expiration of the First Extension then-current Term; and B. (ii) Tenant is not in Default material default under the Lease beyond any applicable notice and cure periods at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice (as defined below); and C. No more (iii) Less than 2550% of the Office Premises (or the Partial Premises Renewal Space (as defined in Section 3.07 below) if Tenant exercises a Renewal Option with respect to the aggregate) and no more than 25% of the Lab Partial Premises Renewal Space (in the aggregateonly) is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Second Initial Extension Renewal Notice or at the time Tenant delivers its Second Binding Notice, provided, however, and notwithstanding anything to the contrary in the foregoing contained, if 7 more than 25% of either the Office Space or the Lab Space, but not both, is sublet (other than pursuant to a Permitted Transfer), Tenant's Second Extension Option shall still be available with respect to whichever of the Office Space or the Lab Space is subject to subleases of 25% or less of its space. Thus, for example, if 35% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), but only 20% of the Office Space is sublet, Tenant's Second Extension Option shall not apply to the Lab Space, but Tenant's Second Extension Option shall apply to the Office Space. In the event more than 25% of the Office Space and more than 25% of the Lab Space is sublet (other than pursuant to a Permitted Transfer), then Tenant's Second Extension Option shall not be available with respect to either the Office Space or the Lab Space; and; and D. (iv) The Lease has not been assigned by Tenant (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Second Initial Extension Renewal Notice or prior to the date Tenant delivers its Second Binding Notice;. E. (v) With respect to the second Renewal Option, Tenant has validly exercised its First Extension Option in accordance with Section 3 of this EXHIBIT E.first Renewal Option.