Common use of Nature of Letter of Credit Clause in Contracts

Nature of Letter of Credit. Landlord and Tenant (1) acknowledge and agree that in no event or circumstance shall the Letter of Credit or any renewal thereof or substitute therefor or any proceeds thereof be deemed to be or be treated as a “security deposit” and any Law applicable to security deposits in the commercial context including Section 1950.7 of the California Civil Code, as such section now exists or as may be hereafter amended or succeeded (“Security Deposit Laws”), (2) acknowledge and agree that the Letter of Credit (including any renewal thereof or substitute therefor or any proceed thereof) is not intended to serve as a security deposit, and the Security Deposit Laws shall have no applicability or relevancy thereto, and (3) waive any and all rights, duties and obligations either party may now or, in the future, will have relating to or arising from the Security Deposit Laws. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of Law, now or hereafter in effect, which (i) establish the time frame by which Landlord must refund a security deposit under lease, and/or (ii) provide that Landlord may claim from the Security Deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums specified in this Section 2 above and/or those sums reasonably necessary to (a) compensate Landlord for any loss or damage caused by Tenant’s breach of the Lease or the acts or omission of Tenant or any other Tenant Related Parties, including any damages Landlord suffers following termination of the Lease, or (b) compensate Landlord for any and all damages arising out of, or incurred in connection with, the termination of this Lease including, without limitation, those specifically identified in Section 1951.2 of the California Civil Code, all to the extent Landlord is entitled to recover the same from Tenant pursuant to the terms of the Lease. This Exhibit (the “Parking Agreement”) is attached to and made a part of the Office Lease Agreement (the “Lease”) by and between CA-MISSION STREET LIMITED PARTNERSHIP (“Landlord”) and JAGUAR HEALTH, INC. (“Tenant”) for space in the Building located at 000 Xxxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx. 1. During the Term, Tenant has the right to lease from Landlord and Landlord agrees to lease to Tenant one (1) parking space (the “Space”) for the use of Tenant and Tenant’s clients and their respective employees in the surface parking lot servicing the Building (the “Parking Lot”), located adjacent to the Building on the southeast side. Tenant’s rights under this Parking Agreement are contingent upon Tenant delivering not less than ten (10) days’ written notice to Landlord stating its election to lease the Space, provided that Landlord may permit Tenant to lease the Space prior to the passage of such ten (10)-day period if such Space is readily available. Tenant may elect not to lease the Space by delivering written notice to Landlord, and such termination will be effective on the last day of the calendar month during which Tenant delivers such notice, provided that if Landlord receives such notice less than three (3) days prior to the last day of the month, then such termination shall be effective on the last day of the following calendar month. If, following any such termination described in the foregoing sentence, Tenant may elect to re-lease the Space (subject to availability) under the terms and conditions hereof by delivering written notice of such election to Landlord. In addition to the Space described above, Tenant may lease from Landlord additional spaces in the Parking Lot on a month-to-month basis, subject to the availability, and subject to the terms and conditions of this Parking Agreement. The rent for such additional spaces and for the Space (referred to collectively herein as the “Spaces”) as of the Effective Date is $425.00 per month for each Space; said rate is subject to adjustment from time to time in Landlord’s sole but reasonable discretion. Such charges, if any, shall be payable in advance to Landlord or such other entity as designated by Landlord, and shall be sent concurrent with Tenant’s payment of monthly Base Rent to the address Landlord designates from time to time. Except as otherwise set forth herein below, no deductions from such charges, if any, shall be made for days on which the Parking Lot is not used by Tenant.

Nature of Letter of Credit. Landlord and Tenant (1a) acknowledge and agree that in no event or circumstance shall the Letter of Credit or any renewal thereof or thereof, any substitute therefor or any proceeds thereof (including the LC Proceeds Account) be deemed to be or be treated as a “security deposit” and under California Civil Code § 1950.7, as it may be amended or succeeded, or any other Law applicable to security deposits in the commercial context including Section 1950.7 of the California Civil Code, as such section now exists or as may be hereafter amended or succeeded (“Security Deposit Laws”), ; (2b) acknowledge and agree that the Letter of Credit (including any renewal thereof or thereof, any substitute therefor or any proceed proceeds thereof) is not intended to serve as a security deposit, deposit and shall not be subject to the Security Deposit Laws shall have no applicability or relevancy thereto, Laws; and (3c) waive any and all rights, duties and obligations either party may now or, in the future, will have relating to or arising from the Security Deposit Laws. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code § 1950.7 and all other provisions of Law, now or hereafter in effect, which (i) establish the time frame by which Landlord must refund a security deposit under a lease, and/or (ii) provide that Landlord may claim from the Security Deposit security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums specified above in this Section 2 above 8 and/or those sums reasonably necessary to (a) compensate Landlord for any loss or damage caused by Tenant’s breach of the this Lease or the acts or omission of Tenant or any other Tenant Related Parties, including any damages Landlord suffers following termination of this Lease. Irrevocable Standby Letter of Credit No. ____________________ Issuance Date: ___________ Expiration Date: _________ Applicant: ______________ [Insert Name of Landlord] [Insert Building management office address] _____________________ _____________________ _____________________ Ladies/Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit in your favor for the Lease, or account of the above referenced Applicant in the amount of U.S. Dollars (b$ ) compensate Landlord available for any and all damages arising out of, or incurred in connection with, payment at sight by your draft drawn on us when accompanied by the termination following documents: 1. An original copy of this Lease including, without limitation, those specifically identified Irrevocable Standby Letter of Credit. 2. Beneficiary’s dated statement purportedly signed by an authorized signatory or agent reading: “This draw in Section 1951.2 the amount of the California Civil Code, all U.S. Dollars ($ ) under your Irrevocable Standby Letter of Credit No. represents funds due and owing to the extent Landlord is entitled to recover the same from Tenant us pursuant to the terms of the Lease. This Exhibit (the “Parking Agreement”) is attached to and made a part of the Office Lease Agreement (the “Lease”) that certain lease by and between CA-MISSION STREET LIMITED PARTNERSHIP (“Landlord”) , as landlord, and JAGUAR HEALTH, INC. (“Tenant”) for space in the Building located at 000 Xxxxxxx Xxxxxxas tenant, Xxx Xxxxxxxxx, Xxxxxxxxxx. 1. During the Term, Tenant has the right to lease from Landlord and Landlord agrees to lease to Tenant one (1) parking space (the “Space”) for the use of Tenant and Tenant’s clients and their respective employees in the surface parking lot servicing the Building (the “Parking Lot”), located adjacent and/or any amendment to the Building on lease or any other agreement between such parties related to the southeast side. Tenant’s rights under lease.” It is a condition of this Parking Agreement are contingent Irrevocable Standby Letter of Credit that it will be considered automatically renewed for a one year period upon Tenant delivering not less than ten (10) days’ written notice to Landlord stating its election to lease the Spaceexpiration date set forth above and upon each anniversary of such date, provided that Landlord may permit Tenant to lease the Space unless at least 60 days prior to the passage of such ten (10)-day period if such Space is readily available. Tenant may expiration date or applicable anniversary thereof, we notify you in writing, by certified mail return receipt requested or by recognized overnight courier service, that we elect not to lease the Space by delivering written notice to Landlord, and such termination will be effective on the last day so renew this Irrevocable Standby Letter of the calendar month during which Tenant delivers such notice, provided that if Landlord receives Credit. A copy of any such notice less than three (3) days prior to the last day of the monthshall also be sent, then such termination shall be effective on the last day of the following calendar month. If, following any such termination described in the foregoing sentencesame manner, Tenant may elect to re-lease the Space (subject to availability) under the terms and conditions hereof by delivering written notice of such election to Landlordto: Equity Office, 0 Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, Attention: Treasury Department. In addition to the Space described aboveforegoing, Tenant may lease from Landlord additional spaces we understand and agree that you shall be entitled to draw upon this Irrevocable Standby Letter of Credit in accordance with 1 and 2 above in the Parking Lot on event that we elect not to renew this Irrevocable Standby Letter of Credit and, in addition, you provide us with a month-to-month basis, subject dated statement purportedly signed by an authorized signatory or agent of Beneficiary stating that the Applicant has failed to the availability, and subject to provide you with an acceptable substitute irrevocable standby letter of credit in accordance with the terms of the above referenced lease. We further acknowledge and conditions agree that: (a) upon receipt of the documentation required herein, we will honor your draws against this Irrevocable Standby Letter of Credit without inquiry into the accuracy of Beneficiary’s signed statement and regardless of whether Applicant disputes the content of such statement; (b) this Irrevocable Standby Letter of Credit shall permit partial draws and, in the event you elect to draw upon less than the full stated amount hereof, the stated amount of this Parking Agreement. The rent for Irrevocable Standby Letter of Credit shall be automatically reduced by the amount of such additional spaces partial draw; and for the Space (referred c) you shall be entitled to collectively herein as the “Spaces”) as transfer your interest in this Irrevocable Standby Letter of the Effective Date is $425.00 per month for each Space; said rate is subject to adjustment Credit from time to time and more than one time without our approval and without charge. In the event of a transfer, we reserve the right to require reasonable evidence of such transfer as a condition to any draw hereunder. This Irrevocable Standby Letter of Credit is subject to the International Standby Practices (ISP98) ICC Publication No. 590. We hereby engage with you to honor drafts and documents drawn under and in compliance with the terms of this Irrevocable Standby Letter of Credit. All communications to us with respect to this Irrevocable Standby Letter of Credit must be addressed to our office located at to the attention of . Very truly yours, Asbestos-containing materials (“ACMs”) were historically commonly used in the construction of commercial buildings across the country. ACMs were commonly used because of their beneficial qualities; ACMs are fire-resistant and provide good noise and temperature insulation. Some common types of ACMs include surfacing materials (such as spray-on fireproofing, stucco, plaster and textured paint), flooring materials (such as vinyl floor tile and vinyl floor sheeting) and their associated mastics, carpet mastic, thermal system insulation (such as pipe or duct wrap, boiler wrap and cooling tower insulation), roofing materials, drywall, drywall joint tape and drywall joint compound, acoustic ceiling tiles, transite board, base cove and associated mastic, caulking, window glazing and fire doors. These materials are not required under law to be removed from any building (except prior to demolition and certain renovation projects). Moreover, ACMs generally are not thought to present a threat to human health unless they cause a release of asbestos fibers into the air, which does not typically occur unless (1) the ACMs are in a deteriorated condition, or (2) the ACMs have been significantly disturbed (such as through abrasive cleaning, or maintenance or renovation activities). It is possible that some of the various types of ACMs noted above (or other types) are present at various locations in the Building. Anyone who finds any such materials in the building should assume them to contain asbestos unless those materials are properly tested and determined to be otherwise. In addition, Landlord has identified the presence of certain ACMs in the Building. For information about the specific types and locations of these identified ACMs, please contact the Building manager. The Building manager maintains records of the Building’s asbestos information including any Building asbestos surveys, sampling and abatement reports. This information is maintained as part of Landlord’s sole but reasonable discretionasbestos Operations and Maintenance Plan (“O&M Plan”). Such chargesThe O&M Plan is designed to minimize the potential of any harmful asbestos exposure to any person in the building. Because Landlord is not a physician, if anyscientist or industrial hygienist, shall Landlord has no special knowledge of the health impact of exposure to asbestos. Therefore, Landlord hired an independent environmental consulting firm to prepare the Building’s O&M Plan. The O&M Plan includes a schedule of actions to be payable taken in advance order to Landlord or such other entity as designated by Landlord(1) maintain any building ACMs in good condition, and shall (2) to prevent any significant disturbance of such ACMs. Appropriate Landlord personnel receive regular periodic training on how to properly administer the O&M Plan. The O&M Plan describes the risks associated with asbestos exposure and how to prevent such exposure. The O&M Plan describes those risks, in general, as follows: asbestos is not a significant health concern unless asbestos fibers are released and inhaled. If inhaled, asbestos fibers can accumulate in the lungs and, as exposure increases, the risk of disease (such as asbestosis and cancer) increases. However, measures taken to minimize exposure and consequently minimize the accumulation of fibers, can reduce the risk of adverse health effects. The O&M Plan also describes a number of activities which should be sent concurrent with Tenant’s payment avoided in order to prevent a release of monthly Base Rent asbestos fibers. In particular, some of the activities which may present a health risk (because those activities may cause an airborne release of asbestos fibers) include moving, drilling, boring or otherwise disturbing ACMs. Consequently, such activities should not be attempted by any person not qualified to handle ACMs. In other words, the address Landlord designates from time approval of Building management must be obtained prior to timeengaging in any such activities. Except as otherwise set forth herein belowPlease contact the Building manager for more information in this regard. A copy of the written O&M Plan for the Building is located in the Building Management Office and, no deductions from such chargesupon your request, if any, shall will be made for days on available to tenants to review and copy during regular business hours. Because of the presence of ACM in the Building, Landlord is also providing the following warning, which is commonly known as a California Proposition 65 warning: Please contact the Parking Lot is not used by Building manager with any questions regarding this Exhibit G. THIS AGREEMENT made as of this day of , 2011, between the Lender (defined below) and Actuate Corporation, a Delaware corporation, having an address at 0000 Xxxxxxxxxxxx Xxxxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (hereinafter called “Tenant”).

Nature of Letter of Credit. Landlord and Tenant (1) acknowledge and agree that in no event or circumstance shall the Letter of Credit or any renewal thereof or substitute therefor or any proceeds thereof be deemed to be or be treated as a “security deposit” and any Law applicable to security deposits in the commercial context including Section 1950.7 of the California Civil Code, as such section now exists or as may be hereafter amended or succeeded (“Security Deposit Laws”), (2) acknowledge and agree that the Letter of Credit (including any renewal thereof or substitute therefor or any proceed thereof) is not intended to serve as a security deposit, and the Security Deposit Laws shall have no applicability or relevancy thereto, and (3) waive any and all rights, duties and obligations either party may now or, in the future, will have relating to or arising from the Security Deposit Laws. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of Law, now or hereafter in effect, which (i) establish the time frame by which Landlord must refund a security deposit under lease, and/or (ii) provide that Landlord may claim from the Security Deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums specified in this Section 2 1 above and/or those sums reasonably necessary to (a) compensate Landlord for any loss or damage caused by Tenant’s breach of the Lease or the acts or omission of Tenant or any other Tenant Related Parties, including any damages Landlord suffers following termination of the Lease, or (b) compensate Landlord for any and all damages arising out of, or incurred in connection with, the termination of this Lease including, without limitation, those specifically identified in Section 1951.2 of the California Civil Code, all to the extent Landlord is entitled to recover the same from Tenant pursuant to the terms of the Lease. This Exhibit (the “Parking Agreement”) is attached to and made a part of the Office Lease Agreement (the “Lease”) by and between CA-MISSION STREET LIMITED PARTNERSHIP (“Landlord”) and JAGUAR HEALTH, INC. (“Tenant”) for space in the Building located at 000 Xxxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx. 1. During the Term, Tenant has the right to lease from Landlord and Landlord agrees to lease to Tenant one (1) parking space (the “Space”) for the use of Tenant and Tenant’s clients and their respective employees in the surface parking lot servicing the Building (the “Parking Lot”), located adjacent to the Building on the southeast side. Tenant’s rights under this Parking Agreement are contingent upon Tenant delivering not less than ten (10) days’ written notice to Landlord stating its election to lease the Space, provided that Landlord may permit Tenant to lease the Space prior to the passage of such ten (10)-day period if such Space is readily available. Tenant may elect not to lease the Space by delivering written notice to Landlord, and such termination will be effective on the last day of the calendar month during which Tenant delivers such notice, provided that if Landlord receives such notice less than three (3) days prior to the last day of the month, then such termination shall be effective on the last day of the following calendar month. If, following any such termination described in the foregoing sentence, Tenant may elect to re-lease the Space (subject to availability) under the terms and conditions hereof by delivering written notice of such election to Landlord. In addition to the Space described above, Tenant may lease from Landlord additional spaces in the Parking Lot on a month-to-month basis, subject to the availability, and subject to the terms and conditions of this Parking Agreement. The rent for such additional spaces and for the Space (referred to collectively herein as the “Spaces”) as of the Effective Date is $425.00 per month for each Space; said rate is subject to adjustment from time to time in Landlord’s sole but reasonable discretion. Such charges, if any, shall be payable in advance to Landlord or such other entity as designated by Landlord, and shall be sent concurrent with Tenant’s payment of monthly Base Rent to the address Landlord designates from time to time. Except as otherwise set forth herein below, no deductions from such charges, if any, shall be made for days on which the Parking Lot is not used by Tenant.

Nature of Letter of Credit. Landlord and Tenant (1) acknowledge and agree that in no event or circumstance shall the Letter of Credit or any renewal thereof or substitute therefor or any proceeds thereof be deemed to be or be treated as a “security deposit” and any Law applicable to security deposits in the commercial context including Section 1950.7 of the California Civil Code, as such section now exists or as may be hereafter amended or succeeded (“Security Deposit Laws”), (2) acknowledge and agree that the Letter of Credit (including any renewal thereof or substitute therefor or any proceed thereof) is not intended to serve as a security deposit, and the Security Deposit Laws shall have no applicability or relevancy thereto, and (3) waive any and all rights, duties and obligations either party may now or, in the future, will have relating to or arising from the Security Deposit Laws. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of Law, now or hereafter in effect, which (i) establish the time frame by which Landlord must refund a security deposit under lease, and/or (ii) provide that Landlord may claim from the Security Deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums specified in this Section 2 above and/or those sums reasonably necessary to (a) compensate Landlord for any loss or damage caused by Tenant’s breach of the Lease or the acts or omission of Tenant or any other Tenant Related Parties, including any damages Landlord suffers following termination of the Lease, or (b) compensate Landlord for any and all damages arising out of, or incurred in connection with, the termination of this Lease including, without limitation, those specifically identified in Section 1951.2 of the California Civil Code, all to the extent Landlord is entitled to recover the same from Tenant pursuant to the terms of the Lease. EXHIBIT G PARKING AGREEMENT This Exhibit (the “Parking Agreement”) is attached to and made a part of the Office Lease Agreement (the “Lease”) by and between CA-MISSION STREET LIMITED PARTNERSHIP (“Landlord”) and JAGUAR HEALTH, INC. (“Tenant”) for space in the Building located at 000 Xxxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx. 1. During the Term, Tenant has the right to lease from Landlord and Landlord agrees to lease to Tenant one (1) parking space (the “Space”) for the use of Tenant and Tenant’s clients and their respective employees in the surface parking lot servicing the Building (the “Parking Lot”), located adjacent to the Building on the southeast side. Tenant’s rights under this Parking Agreement are contingent upon Tenant delivering not less than ten (10) days’ written notice to Landlord stating its election to lease the Space, provided that Landlord may permit Tenant to lease the Space prior to the passage of such ten (10)-day period if such Space is readily available. Tenant may elect not to lease the Space by delivering written notice to Landlord, and such termination will be effective on the last day of the calendar month during which Tenant delivers such notice, provided that if Landlord receives such notice less than three (3) days prior to the last day of the month, then such termination shall be effective on the last day of the following calendar month. If, following any such termination described in the foregoing sentence, Tenant may elect to re-lease the Space (subject to availability) under the terms and conditions hereof by delivering written notice of such election to Landlord. In addition to the Space described above, Tenant may lease from Landlord additional spaces in the Parking Lot on a month-to-month basis, subject to the availability, and subject to the terms and conditions of this Parking Agreement. The rent for such additional spaces and for the Space (referred to collectively herein as the “Spaces”) as of the Effective Date is $425.00 per month for each Space; said rate is subject to adjustment from time to time in Landlord’s sole but reasonable discretion. Such charges, if any, shall be payable in advance to Landlord or such other entity as designated by Landlord, and shall be sent concurrent with Tenant’s payment of monthly Base Rent to the address Landlord designates from time to time. Except as otherwise set forth herein below, no deductions from such charges, if any, shall be made for days on which the Parking Lot is not used by Tenant.