Common use of Initial Alterations Clause in Contracts

Initial Alterations. Between the date this Lease is executed by Landlord and Tenant and May 31, 2000, Tenant, at Tenant's sole cost and expense, shall make such initial tenant improvements in the Premises as Tenant deems necessary or advisable, subject to Landlord's prior written approval of such improvements, which approval shall not be unreasonably withheld. Tenant shall prepare and submit to Landlord for Landlord's approval plans and specifications for the initial tenant improvements, which approval shall not be unreasonably withheld. All initial tenant improvements shall be made in accordance with, and comply and otherwise be subject to, the provisions of the Lease (except Section 6. 1) and shall in all respects comply with all laws related thereto. As an inducement to Tenant to make the initial tenant improvements, Landlord shall provide to Tenant, in accordance with this paragraph, a tenant improvement allowance in the amount of up to $45,234 to reimburse Tenant for the costs of the initial tenant improvements. Provided Tenant is not in default under this Lease, the tenant improvement allowance (or so much thereof as may have been utilized by Tenant between the date this Lease is executed by Landlord and Tenant and May 31, 2000 as evidenced by bills marked paid for the initial tenant improvements submitted to Landlord) shall be paid by Landlord to Tenant within thirty (30) days after the date Tenant provides to Landlord final mechanics' lien waivers for all contractors, subcontractors and material suppliers who have established lien rights and bills marked paid for all of Tenant's initial tenant improvements in the Premises; provided, however, Landlord shall have no obligation to provide Tenant any amount of the tenant improvement allowance that has not been disbursed to Tenant pursuant to the preceding by June 30, 2000. EXHIBIT "C" attached to and made a part of the lease bearing the lease reference date of April 22, 1999, by and between CALWEST INDUSTRLKL PROPERTIES, LLC, a California limited liability company, as Landlord, and HMT TECHNOLOGY CORPORATION, as Tenant, for the Premises commonly known as Mission Industrial Park.

Initial Alterations. Between A. Subject to the date this Lease is executed by Landlord and Tenant and May 31, 2000provisions of Article III.C., Tenant, at Tenant's sole cost upon the full and expensefinal execution of this Lease and delivery of the Premises or applicable portions thereof, shall make such initial tenant have the right to perform alterations and improvements in the Premises (the "Initial Alterations"). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform Initial Alterations in the Premises unless and until Tenant has complied with all of the terms and conditions of Article X.B. of this Lease, including, without limitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations. Landlord agrees that Landlord will not prevent Tenant from commencing demolition work within the Premises on the basis that final plans for the Initial Alterations have not been submitted to Landlord for approval or approved by Landlord. Landlord makes no representation or warranty as to governmental rules, regulations or procedures with regard thereto. Landlord agrees to respond promptly to any requests by Tenant deems necessary for approval of its contractors, plans or advisable, subject any changes thereto in order to facilitate the performance of the Initial Alterations by Tenant. Landlord specifically agrees to respond within five (5) Business Days to a request by Tenant for review of the plans. Landlord's prior written approval of such improvements, which approval the plans and any revisions thereto or Landlord's supervision or performance of any work on behalf of Tenant shall not be unreasonably withheld. Tenant shall prepare and submit deemed to be a representation by Landlord for Landlord's approval that such plans and specifications for the initial tenant improvements, which approval shall not be unreasonably withheld. All initial tenant improvements shall be made in accordance with, and comply and otherwise be subject to, the provisions of the Lease (except Section 6. 1) and shall in all respects or any revisions thereto comply with all applicable insurance requirements, building codes, ordinances, laws related thereto. As an inducement to Tenant to make or regulations, or that the initial tenant improvements, Landlord shall provide to Tenant, improvements constructed in accordance with this paragraph, a tenant improvement allowance in the amount of up to $45,234 to reimburse Tenant plans and any revisions thereto will be adequate for the costs of the initial tenant improvements. Provided Tenant is not in default under this Lease, the tenant improvement allowance (or so much thereof as may have been utilized by Tenant between the date this Lease is executed by Landlord and Tenant and May 31, 2000 as evidenced by bills marked paid for the initial tenant improvements submitted to Landlord) shall be paid by Landlord to Tenant within thirty (30) days after the date Tenant provides to Landlord final mechanics' lien waivers for all contractors, subcontractors and material suppliers who have established lien rights and bills marked paid for all of Tenant's initial tenant improvements in the Premises; provided, however, Landlord shall have no obligation to provide Tenant any amount of the tenant improvement allowance that has not been disbursed to Tenant pursuant to the preceding by June 30, 2000. EXHIBIT "C" attached to and made a part of the lease bearing the lease reference date of April 22, 1999, by and between CALWEST INDUSTRLKL PROPERTIES, LLC, a California limited liability company, as Landlord, and HMT TECHNOLOGY CORPORATION, as Tenant, for the Premises commonly known as Mission Industrial Parkuse.

Initial Alterations. Between The parties acknowledge that Tenant shall make alterations and improvements to the date this Lease Premises following the delivery of the Premises to Tenant in Delivery Condition and prior to commencing business therein (the “Initial Alterations”). The construction of the Initial Alterations shall be governed by Paragraph 9 below, except that, with regard to the Initial Alterations only, the Alteration Operations Fee provided for in Paragraph 9.a. below shall be two and one-half percent (2 ½%) of the hard construction costs of the Initial Alterations, but not more than a total of Two Dollars ($2.00) per rentable square feet of the Premises. The aforementioned Alteration Operations Fee shall also constitute payment for access, elevator usage and loading docks during normal construction hours, and water and electricity for the customary construction of the Initial Alterations. The general contractor selected by Tenant to construct the Initial Alterations, and reasonably approved by Landlord pursuant to Paragraph 9.a. below, is executed referred to hereinafter as “Tenant’s Contractor.” Without limitation of any provision herein, the Initial Alterations shall include the installation of sub-meters for the measurement of electricity consumed at the Premises. In no event shall Tenant or Tenant’s Contractor be given access to the Premises for purposes of constructing the Initial Alterations until the plans therefor have been approved by Landlord and Tenant and May 31, 2000, Tenant has delivered to Landlord the insurance certificates required by Landlord in connection with the work (as required in the first sentence of the third grammatical paragraph of Paragraph 9.a. below) and required under Paragraph 15 below. If Landlord is prepared to deliver the Premises to Tenant, at Tenant's sole cost and expense, shall make such initial tenant improvements in but Tenant is not given access to the Premises as Tenant deems necessary or advisable, subject to Landlord's prior written approval of such improvements, which approval shall not be unreasonably withheld. Tenant shall prepare and submit to Landlord for Landlord's approval plans and specifications for the initial tenant improvements, which approval shall not be unreasonably withheld. All initial tenant improvements shall be made in accordance with, and comply and otherwise be subject to, purposes of constructing the provisions Initial Alterations because the conditions of the Lease (except Section 6immediately preceding sentence have not been satisfied, then for purposes of Paragraph 3.b. 1) and shall in all respects comply with all laws related thereto. As an inducement to Tenant to make the initial tenant improvementsabove, Landlord shall provide be deemed to have delivered the Premises to Tenant in Delivery Condition on the date that Landlord was prepared to so deliver the Premises to Tenant, in accordance with this paragraph, a tenant improvement allowance in notwithstanding the amount of up to $45,234 to reimburse Tenant for the costs of the initial tenant improvements. Provided Tenant is not in default under this Lease, the tenant improvement allowance (or so much thereof as may have been utilized by Tenant between the date this Lease is executed by Landlord and fact that Tenant and May 31, 2000 as evidenced by bills marked paid Tenant’s Contractor are not permitted access for purposes of construction until the initial tenant improvements submitted to Landlord) shall be paid by Landlord to Tenant within thirty (30) days after the date Tenant provides to Landlord final mechanics' lien waivers for all contractors, subcontractors and material suppliers who have established lien rights and bills marked paid for all of Tenant's initial tenant improvements in the Premises; provided, however, Landlord shall have no obligation to provide Tenant any amount of the tenant improvement allowance that has not been disbursed to Tenant pursuant to the preceding by June 30, 2000. EXHIBIT "C" attached to and made a part of the lease bearing the lease reference date of April 22, 1999, by and between CALWEST INDUSTRLKL PROPERTIES, LLC, a California limited liability company, as Landlord, and HMT TECHNOLOGY CORPORATION, as Tenant, for the Premises commonly known as Mission Industrial Parkaforementioned conditions are satisfied.

Initial Alterations. Between Subtenant may install improvements to the date this Lease is executed by Landlord and Tenant and May 31, 2000, Tenant, Sublease Premises it deems necessary to ready the Sublease Premises for Subtenant’s use at Tenant's sole its own cost and expense, shall make such initial tenant improvements in the Premises as Tenant deems necessary or advisableexpense (“Initial Alterations”), subject to the Allowance (defined below), and in accordance with the terms and limitations and the requirements relating to Alterations set forth in the Master Lease including all definitions and categories described in Article 8 and all Laws. Prior to the installation of the Initial Alterations, Subtenant shall submit all Plans and plans and specifications required under the Master Lease to Sublandlord for Sublandlord’s and Master Landlord's prior written approval of such improvements, which approval ’s review and approval. Sublandlord’s consent shall not be unreasonably withheld. Tenant shall prepare , conditioned or delayed, and submit to Landlord for Landlord's approval plans and specifications for the initial tenant improvements, which approval shall not be unreasonably withheld. All initial tenant improvements shall withheld if (i) consent is granted by Master Landlord, (ii) Master Landlord has agreed in writing that neither Subtenant nor Sublandlord would be made in accordance with, and comply and otherwise be subject to, the provisions required to remove any of the improvements installed by Subtenant upon expiration of the Master Lease or the Sublease Term and (except Section 6iii) such improvements do not impose additional obligations upon Sublandlord with respect to surrender of the Premises upon expiration of the Master Lease. 1Sublandlord will reimburse Subtenant in an amount up to forty dollars ($40.00) per rentable square foot of the Sublease Premises (the “Allowance”) for Initial Alterations approved by Master Landlord and Sublandlord. Sublandlord shall pay the Allowance to Subtenant during the course of installation of the Initial Alterations in periodic payments (but no more frequently than once every thirty (30) days) after all respects comply with all laws related thereto. As an inducement to Tenant to make of the initial tenant improvements, Landlord shall provide to Tenant, following conditions have been satisfied: (i) Sublandlord’s receipt of a certification from Subtenant and its architect that the work covered in the request has been satisfactorily completed in accordance with this paragraphthe approved plans; (ii) Sublandlord’s receipt of invoices for all costs and expenses related to the Initial Alterations, including such appropriate back-up documentation as Sublandlord may reasonably request; (iii) Sublandlord’s receipt of conditional lien releases from all parties performing work or providing materials to be paid for from such draw; (iv) with respect to the final disbursement only, Sublandlord’s receipt of full and final lien releases from all contractors, subcontractors and suppliers; and (v) with respect to the final disbursement only, Sublandlord’s receipt of a tenant improvement allowance in copy of the amount certificate of up to $45,234 to reimburse Tenant occupancy for the costs Sublease Premises or other evidence that all applicable governmental agencies have fully and finally approved such work. For each disbursement request submitted by Subtenant, Sublandlord shall disburse to Subtenant the portion of the initial tenant improvementsAllowance attributable to such work. Provided Tenant is not in default under this Lease, the tenant improvement allowance (or so much thereof as may have been utilized by Tenant between the date this Lease is executed by Landlord and Tenant and May 31, 2000 as evidenced by bills marked paid for the initial tenant improvements submitted to Landlord) shall Disbursements will be paid by Landlord to Tenant made within thirty (30) days after of submission by Subtenant of all documents required under the date Tenant provides terms of this Section 9(a). Notwithstanding anything to Landlord final mechanics' lien waivers for all contractorsthe contrary, subcontractors Sublandlord shall not be obligated to disburse any portion of the Allowance during the continuance of an uncured default, and material suppliers who have established lien rights and bills marked paid for all of Tenant's initial tenant improvements in the Premises; provided, however, Landlord shall have no Sublandlord’s obligation to provide Tenant any amount of the tenant improvement allowance that has not been disbursed to Tenant pursuant to the preceding by June 30, 2000. EXHIBIT "C" attached to disburse shall only resume when and made a part of the lease bearing the lease reference date of April 22, 1999, by and between CALWEST INDUSTRLKL PROPERTIES, LLC, a California limited liability company, as Landlord, and HMT TECHNOLOGY CORPORATION, as Tenant, for the Premises commonly known as Mission Industrial Parkif such default is cured.

Initial Alterations. Between Landlord acknowledges that Tenant may desire to perform certain initial Alterations to the date Premises for Tenant’s occupancy pursuant to the Lease. Such initial Alterations are referred to herein as the “Initial Alterations”. The Initial Alterations shall be deemed an “Alteration” for all purposes of this Lease, and shall be subject to all provisions of this Lease is executed relating to Alterations (including Article 5 of this Lease), except as expressly set forth in this Work Letter to the contrary. Tenant shall complete the Initial Alterations in good and workmanlike manner, by a general contactor (“Contractor”) and subcontractors approved by Landlord, such approval not to be unreasonably withheld or delayed, fully paid for and free from liens, in accordance with the Plans reasonably approved by Landlord and Tenant and May 31, 2000, Tenant, at and in compliance with all of the provisions of Article 5 of this Lease, including the Rules and Regulations and Landlord’s construction standards and procedures for the Building. Within ten (10) Business Days after Landlord’s receipt of the Plans for the Initial Alterations from Tenant's sole cost , Landlord shall respond to Tenant with Landlord’s approval or disapproval of the Plans, or Landlord’s request for additional detail or information with respect thereto or with respect to the Initial Alterations. If Landlord’s disapproves the Plans, Landlord shall state the reasons for such disapproval and expensethe revisions required in order for Landlord to approve the Plans. Within ten (10) Business Days after Tenant’s receipt of Landlord’s notice, shall make such initial tenant improvements in the Premises as Tenant deems necessary or advisable, subject to Landlord's prior written approval of such improvements, which approval shall not be unreasonably withheld. Tenant shall prepare and submit to Landlord for Landlord's approval plans ’s review Plans incorporating the required revisions, and specifications Landlord shall respond thereto as set forth above within five (5) Business Days after Landlord’s receipt of the revised Plans. The foregoing procedure shall be followed until Tenant has prepared Plans that Landlord approves in writing as set forth above. Notwithstanding anything to the contrary in Article 5 of this Lease, at the time Landlord approves the Plans for the initial tenant improvements, which approval shall not be unreasonably withheld. All initial tenant improvements shall be made in accordance with, and comply and otherwise be subject to, the provisions of the Lease (except Section 6. 1) and shall in all respects comply with all laws related thereto. As an inducement to Tenant to make the initial tenant improvementsInitial Alterations, Landlord shall provide advise Tenant if any of the Initial Alterations constitute Specialty Alterations that are subject to Tenant’s removal and restoration obligations under the Lease, in accordance with this paragraph, a tenant improvement allowance in and Landlord’s failure to so designate any Initial Alterations as Specialty Alterations shall waive Landlord’s right to require Tenant to remove the amount same from the Premises upon expiration or earlier termination of up to $45,234 to reimburse Tenant for the costs of the initial tenant improvements. Provided Tenant is not in default under this Lease, the tenant improvement allowance (or so much thereof as may have been utilized by Tenant between the date this Lease is executed by Landlord and Tenant and May 31, 2000 as evidenced by bills marked paid for the initial tenant improvements submitted to Landlord) shall be paid by Landlord to Tenant within thirty (30) days after the date Tenant provides to Landlord final mechanics' lien waivers for all contractors, subcontractors and material suppliers who have established lien rights and bills marked paid for all of Tenant's initial tenant improvements in the Premises; provided, however, Landlord shall have no obligation to provide Tenant any amount of the tenant improvement allowance that has not been disbursed to Tenant pursuant to the preceding by June 30, 2000. EXHIBIT "C" attached to and made a part of the lease bearing the lease reference date of April 22, 1999, by and between CALWEST INDUSTRLKL PROPERTIES, LLC, a California limited liability company, as Landlord, and HMT TECHNOLOGY CORPORATION, as Tenant, for the Premises commonly known as Mission Industrial Park.

Initial Alterations. Between The parties acknowledge that Tenant intends to make certain Alterations, additions and improvements (the date this “Initial Alterations”) to the Additional Premises after the Additional Premises Commencement Date to make the same more suitable for Tenant’s occupancy during the balance of the Lease is executed by Landlord and Tenant and May 31, 2000, Tenant, at Tenant's sole cost and expense, term. The construction of the Initial Alterations shall make such initial tenant improvements in the Premises as Tenant deems necessary or advisable, be subject to Landlord's prior written ’s approval of such improvements, which approval shall not be unreasonably withheld. Tenant shall prepare and submit to Landlord for Landlord's approval plans and specifications for the initial tenant improvements, which approval shall not be unreasonably withheld. All initial tenant improvements shall be made in accordance with, and comply and otherwise be subject to, the provisions with Paragraph 9 of the Lease and otherwise governed by Paragraph 9 of the Lease, except as expressly set forth in this Amendment, and except further that the Alteration Operations Fee set forth in Paragraph 9 of the Lease shall be calculated for the Initial Alterations using a percentage factor of one and one-half percent (except Section 61 1/2%) rather than five percent (5%). 1) The general contractor selected by Tenant and approved by Landlord in accordance with Paragraph 9 of the Lease to construct the Initial Alterations is referred to hereinafter as “Contractor”. If so requested by Tenant in writing at the time Tenant requests Landlord’s approval of the Initial Alterations, and provided that Tenant shall in all respects comply with all laws related thereto. As an inducement to Tenant to make the initial tenant improvementsexpressly reference this Paragraph 5 of this Amendment, Landlord shall provide to Tenant, advise Tenant in accordance with this paragraph, a tenant improvement allowance in writing at the amount time of up to $45,234 to reimburse Tenant for the costs Landlord’s approval of the initial tenant improvementsInitial Alterations as to whether Landlord will waive its right pursuant to Paragraph 9.b. Provided Tenant is not in default under this Lease, the tenant improvement allowance (or so much thereof as may have been utilized by Tenant between the date this Lease is executed by Landlord and Tenant and May 31, 2000 as evidenced by bills marked paid for the initial tenant improvements submitted to Landlord) shall be paid by Landlord to Tenant within thirty (30) days after the date Tenant provides to Landlord final mechanics' lien waivers for all contractors, subcontractors and material suppliers who have established lien rights and bills marked paid for all of Tenant's initial tenant improvements in the Premises; provided, however, Landlord shall have no obligation to provide Tenant any amount of the tenant improvement allowance Lease to require that has not been disbursed to Tenant pursuant to remove the preceding by June 30, 2000. EXHIBIT "C" attached to and made a part Initial Alterations from the Premises at the expiration or sooner termination of the lease bearing Lease and restore the lease reference date of April 22Additional Premises to their prior condition, 1999, by ordinary wear and between CALWEST INDUSTRLKL PROPERTIES, LLC, a California limited liability company, tear excepted. Landlord’s failure to expressly waive such requirement in writing shall preserve Landlord’s right to exercise the foregoing election as Landlord, and HMT TECHNOLOGY CORPORATION, as Tenant, for respects the Premises commonly known as Mission Industrial ParkInitial Alterations.

Initial Alterations. Between Promptly following the date this Lease Delivery Date (as defined in Paragraph 3.b. above), Tenant shall commence construction of the alterations and improvements Tenant desires to make in the Premises prior to Tenant’s initial occupancy (the “Initial Alterations”). The construction of the Initial Alterations shall be governed by Paragraph 9 below, except that, with regard to the Initial Alterations only, the Alteration Operations Fee provided for in Paragraph 9.a. below shall be a fixed amount of Fifty Four Thousand Nine Hundred Dollars ($54,900.00), which amount shall also constitute payment for access, elevator usage during Business Hours, use of loading docks during Business Hours and utilities for the construction of the Initial Alterations. The general contractor selected by Tenant to construct the Initial Alterations, and reasonably approved by Landlord pursuant to Paragraph 9.a. below, is executed referred to hereinafter as “Tenant’s Contractor.” In no event shall Tenant or Tenant’s Contractor be given access to the Premises for commencement of construction of the Initial Alterations until the plans therefor have been approved by Landlord and Tenant pursuant to the terms hereof, and May 31, 2000, Tenant, at Tenant's sole cost Tenant has delivered to Landlord the insurance certificates required by Landlord in connection with the work and expense, shall make such initial tenant improvements in required under Paragraph 15 below. If Landlord is prepared to deliver the Premises as to Tenant deems necessary or advisablein Delivery Condition, subject but Tenant is not given access to Landlord's prior written approval of such improvements, which approval shall not be unreasonably withheld. Tenant shall prepare and submit to Landlord for Landlord's approval plans and specifications the Premises for the initial tenant improvements, which approval shall not be unreasonably withheld. All initial tenant improvements shall be made in accordance with, and comply and otherwise be subject to, purposes of constructing the provisions Initial Alterations because the conditions of the Lease (except Section 6immediately preceding sentence have not been satisfied, then for purposes of Paragraphs 2.b. 1) and shall in all respects comply with all laws related thereto3.b. As an inducement to Tenant to make the initial tenant improvementsabove, Landlord shall provide be deemed to have delivered the Premises to Tenant in Delivery Condition on the date that Landlord was prepared to so deliver the Premises to Tenant, in accordance with this paragraph, a tenant improvement allowance in notwithstanding the amount of up to $45,234 to reimburse Tenant for the costs of the initial tenant improvements. Provided Tenant is not in default under this Lease, the tenant improvement allowance (or so much thereof as may have been utilized by Tenant between the date this Lease is executed by Landlord and fact that Tenant and May 31, 2000 as evidenced by bills marked paid for Tenant’s Contractor are not permitted to commence construction until the initial tenant improvements submitted to Landlord) shall be paid by Landlord to Tenant within thirty (30) days after the date Tenant provides to Landlord final mechanics' lien waivers for all contractors, subcontractors and material suppliers who have established lien rights and bills marked paid for all of Tenant's initial tenant improvements in the Premises; provided, however, Landlord shall have no obligation to provide Tenant any amount of the tenant improvement allowance that has not been disbursed to Tenant pursuant to the preceding by June 30, 2000. EXHIBIT "C" attached to and made a part of the lease bearing the lease reference date of April 22, 1999, by and between CALWEST INDUSTRLKL PROPERTIES, LLC, a California limited liability company, as Landlord, and HMT TECHNOLOGY CORPORATION, as Tenant, for the Premises commonly known as Mission Industrial Parkaforementioned conditions are satisfied.

Initial Alterations. Between Tenant, following the date this Lease is executed Possession Date and payment to Landlord of all prepaid Rent amounts and the Security Deposits required under the Lease, shall have the right to perform alterations and improvements in the Premises (the "Initial Alterations") in accordance with plans to be prepared by Tenant and DOCPROPERTY "Document number" 4879-3072-0534. DOCPROPERTY "Document version" 3 DOCPROPERTY "Client" 391132. DOCPROPERTY "Matter" 00001/ SAVEDATE \@ M-d-yy U48er IniP/ DOCPROPERTY "User Init" jll/ DOCPROPERTY "Typist Init" jll -12- DOCPROPERTY "Footer Notes" THE BEACON[Palisade Bio, Inc.] approved in advance by Landlord (the "Approved Plans"). The Initial Alterations shall be treated as Alterations under this Article 8 and Tenant and May 31, 2000, Tenantits contractors shall not have the right to perform Initial Alterations in the Premises unless and until Tenant has complied with all of the terms and conditions of this Article 8. Tenant shall be required to obtain all permits and approvals, at Tenant's sole cost and expense, shall make such initial tenant improvements in which are required to construct the Premises as Tenant deems necessary or advisable, subject to Landlord's prior written approval of such improvements, which approval shall not be unreasonably withheldInitial Alterations. Tenant shall prepare and submit be entitled to Landlord for Landlord's approval plans and specifications for the initial tenant improvements, which approval shall not be unreasonably withheld. All initial tenant improvements shall be made in accordance with, and comply and otherwise be subject to, the provisions of the Lease (except Section 6. 1) and shall in all respects comply with all laws related thereto. As an inducement to Tenant to make the initial tenant improvements, Landlord shall provide to Tenant, in accordance with this paragraph, a one-time tenant improvement allowance (the "Allowance") in the amount of up to to, but not exceeding, Four Dollars ($45,234 to reimburse Tenant 4.00) per rentable square foot of the Premises for the costs relating to the Initial Alterations. Tenant shall not be entitled to receive any cash payment or credit against Rent or otherwise for any unused portion of the initial tenant improvementsAllowance which is not used to pay for the Initial Alterations. Provided that Tenant is not in default of any of its obligations under this Lease, then following Tenant's substantial completion of the tenant improvement allowance (or so much thereof as may have been utilized Initial Alterations and Tenant's commencement of business operations from the Premises, Landlord shall make a one-time disbursement from the Allowance in the form of a check made payable to Tenant for the costs incurred by Tenant between for the date this Lease is executed Initial Alterations, which disbursement shall be made by Landlord and Tenant and May 31, 2000 as evidenced by bills marked paid for the initial tenant improvements submitted to Landlord) shall be paid by Landlord to Tenant within thirty (30) days after following receipt of the date following from Tenant: (A) a written request for payment from Tenant; (B) invoices from all subcontractors, laborers, materialmen and suppliers ("Tenant's Agents") used by Tenant provides in connection with the Initial Alterations for labor rendered and materials delivered to Landlord final the Premises for the Initial Alterations; (C) executed unconditional mechanics' lien waivers for all contractors, subcontractors and material suppliers who have established lien rights and bills marked paid for releases from all of Tenant's initial tenant improvements Agents in such form and content as required by Landlord; (D) a certificate of occupancy for the Premises; providedand (E) all other information reasonably requested by Landlord. Notwithstanding anything in this Section 8.6 to the contrary, however, Landlord shall have in no obligation event will Tenant be entitled to provide Tenant receive any amount portion of the tenant improvement allowance Allowance with respect to any of the Initial Alterations that has have not been disbursed to Tenant pursuant to completed within nine (9) months after the preceding by June 30, 2000. EXHIBIT "C" attached to and made a part of the lease bearing the lease reference date of April 22, 1999, by and between CALWEST INDUSTRLKL PROPERTIES, LLC, a California limited liability company, as Landlord, and HMT TECHNOLOGY CORPORATION, as Tenant, for the Premises commonly known as Mission Industrial ParkLease Commencement Date.

Initial Alterations. Between Tenant shall make alterations to prepare the date this Lease is executed by Landlord and Tenant and May 31, 2000, Tenant, at Premises for Tenant's sole cost and expense, shall make such initial tenant improvements occupancy as more fully provided in the Premises Work Letter attached to Exhibit C hereto. Attached as Exhibit C-2 to the Work, Letter are certain Outline Specifications (the "Outline Specifications") describing the alterations Tenant deems necessary or advisable, subject proposes to Landlord's prior written approval of such improvementsmake in the Premises, which approval shall not be unreasonably withheldalterations Landlord has approved. Tenant shall prepare and submit to Insofar as information is specified in the Outline Specifications, Landlord for Landlord's approval agrees that it will approve plans and specifications which conform to the information so specified. Landlord also covenants and agrees not to unreasonably withhold or delay consent to plans and specifications which supplement the Outline Specifications and/or to inconsistencies which may exist between such plans and specifications and the Technical Specifications for Tenant Area Building Standards which forms Part 2 of Exhibit F; it being agreed that Landlord's consent to Tenant's plans and specifications will be based solely on Tenant's reasonable compliance with applicable portions of Landlord's Guidelines for Tenant Construction and Alteration which forms Part 3 of Exhibit F (with the exclusion of references to separate and distinct BOTA, BOSE, BOCR and/or BOE review and approval prior to the performance of any items of work), the compatibility of Tenant's proposed alteration to the existing mechanical, electrical, plumbing and HVAC systems of the Building, and the limitation of Tenant's rights to only its PRO RATA share of the capacity of the electrical, water or other Building systems as specified in Exhibit L, but not aesthetics or other normative general standards for the initial tenant improvements, which approval shall not be unreasonably withheldBuilding. All initial tenant improvements shall be made in accordance with, and comply and otherwise be subject to, the provisions of the Lease (except Section 6. 1) and shall in all respects comply with all laws related thereto. As an inducement to Tenant to make the initial tenant improvements, If Landlord shall provide fail to approve or disapprove Tenant, in accordance with this paragraph, a tenant improvement allowance in the amount 's plans and specifications or any severable portion of up to $45,234 to reimburse Tenant for the costs such plans and specifications within ten (10) days of the initial tenant improvements. Provided Tenant is not in default under this Leasesubmission to Landlord, as the tenant improvement allowance case may be, such plans and specifications (or so much thereof as may have been utilized by Tenant between the date this Lease is executed by Landlord and Tenant and May 31, 2000 as evidenced by bills marked paid for the initial tenant improvements submitted to Landlordseverable portion) shall be paid by Landlord to Tenant within thirty (30) days after the date Tenant provides to Landlord final mechanics' lien waivers for all contractors, subcontractors and material suppliers who have established lien rights and bills marked paid for all of Tenant's initial tenant improvements in the Premises; provided, however, deemed approved. If Landlord shall have no obligation to provide Tenant disapprove any amount portion of the tenant improvement allowance that has not been disbursed to Tenant pursuant such plans and specifications, it shall specify in writing its objections thereto together, to the preceding by June 30extent practicable, 2000. EXHIBIT "C" attached with suggested alternatives acceptable to and made a part of the lease bearing the lease reference date of April 22, 1999, by and between CALWEST INDUSTRLKL PROPERTIES, LLC, a California limited liability company, as Landlord, and HMT TECHNOLOGY CORPORATION, as Tenant, for the Premises commonly known as Mission Industrial Park.