Common use of Lease Contingency Clause in Contracts

Lease Contingency. Simultaneously with the execution of this Lease, Tenant and an affiliate of Landlord (“Building A Landlord”) are entering into a lease for a building to be constructed on Parcel A of the Project (such building to be referred to as “Building A”, as such Parcel A is more particularly described on Exhibit 3.03(b), attached, and any such lease of Building A to be referred to as the “Building A Lease”). This Lease and the Building A Lease (together, the “Leases”) are each contingent upon the issuance of an “approval letter” by the Federal Drug Administration (the “FDA”) of Tenant’s new drug application for telaprevir as a so-called “listed drug”, as such terms are defined in 21 C.F.R 314.3 (the “Telaprevir Approval”). If the Telaprevir Approval is not issued by the FDA, or the FDA issues a written refusal to approve telaprevir, on or before December 31, 2011, then this Lease shall terminate and be of no further force and effect as of December 31, 2011 except for the obligations that expressly survive the termination hereof. [***]. [***].

Lease Contingency. Simultaneously with the execution of this Lease, Tenant and an affiliate of Landlord (“Building A B Landlord”) are entering into a lease for a building to be constructed on Parcel A B of the Project (such building to be referred to as “Building AB”, as such Parcel A B is more particularly described on Exhibit 3.03(b), attached, and any such lease of Building A B to be referred to as the “Building A B Lease”). This Lease and the Building A B Lease (together, the “Leases”) are each contingent upon the issuance of an “approval letter” by the Federal Drug Administration (the “FDA”) of Tenant’s new drug application for telaprevir as a so-called “listed drug”, as such terms are defined in 21 C.F.R 314.3 (the “Telaprevir Approval”). If the Telaprevir Approval is not issued by the FDA, or the FDA issues a written refusal to approve telaprevir, on or before December 31, 2011, then this Lease shall terminate and be of no further force and effect as of December 31, 2011 except for the obligations that expressly survive the termination hereof. [***]. [***].

Lease Contingency. Simultaneously with the execution of this Lease, Tenant and an affiliate of Landlord (“Building A B Landlord”) are entering into a lease for a building to be constructed on Parcel A B of the Project (such building to be referred to as “Building AB”, as such Parcel A B is more particularly described on Exhibit 3.03(b), attached, and any such lease of Building A B to be referred to as the “Building A B Lease”). This Lease and the Building A B Lease (together, the “Leases”) are each contingent upon the issuance of an “approval letter” by the Federal Drug Administration (the “FDA”) of Tenant’s new drug application for telaprevir as a so-called “listed drug”, as such terms are defined in 21 C.F.R 314.3 (the “Telaprevir Approval”). If the Telaprevir Approval is not issued by the FDA, or the FDA issues a written refusal to approve telaprevir, on or before December 31, 2011, then this Lease shall terminate and be of no further force and effect as of December 31, 2011 except for the obligations that expressly survive the termination hereof. [***]. [***].