Common use of Office, Laboratory and Work Space Clause in Contracts

Office, Laboratory and Work Space. (a) BioTime agrees to permit OncoCyte to use the Premises concurrently with BioTime for the conduct of OncoCyte’s business operations, but only to the extent that (a) the use is a business operation permitted to be conducted by BioTime under the sublease of the Premises, (b) OncoCyte uses the Premises in compliance with all applicable laws, ordinances, and regulations, (c) OncoCyte uses the Premises in compliance with any and all rules and regulations of the sublandlord and master lease landlord under BioTime’s sublease of the Premises, (d) OncoCyte’s use of the Premises does not interfere with BioTime’s use of the Premises. (b) BioTime and OncoCyte agree that the permission to use the Premises granted under this Agreement is in the nature of a license only and is not a sublease or assignment of the sublease under which BioTime occupies the Premises, and that OncoCyte shall not obtain any rights, and is not assuming any obligations, under that sublease. (c) The use of the Premises by OncoCyte shall be in a lawful, careful, safe, and proper manner, and OncoCyte shall not do or permit anything to be done in or about the Premises that would increase the rate or affect any fire or other insurance covering the Premises. OncoCyte shall not commit nor suffer any waste on the Premises. (d) BioTime does not represent or warrant that the Premises may be used for any particular use or purpose, and OncoCyte has made OncoCyte’s own determination that the Premises may be lawfully used for OncoCyte’s purposes. (e) OncoCyte shall, at its sole cost and expense, comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or that may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting OncoCyte’s use of the Premises. (f) OncoCyte shall, at its sole cost and expense, promptly repair any damage to the Premises caused by any act or omission of OncoCyte or its employees, agents, invitees, licenses, or contractors, including any acts or omissions of BioTime employees, contractors, and agents arising in the course of performing services for or conducting the business of OncoCyte. Any and all repairs effected by OncoCyte shall be performed in a professional workmanlike manner, by licensed contractors, in compliance with all applicable statutes, codes, rules and regulations, and OncoCyte or OncoCyte’s contractors shall obtain all permits and approvals of government agencies required by applicable laws in connection therewith. (g) If BioTime deems any repairs required to be made by OncoCyte necessary, it may demand that OncoCyte make them, and if OncoCyte refuses or neglects to commence such repairs and to complete them with reasonable dispatch, BioTime may make or cause such repairs to be made. If BioTime makes or causes repairs to be made, BioTime shall not be responsible to OncoCyte for any loss or damage that may accrue to OncoCyte’s business by reason of the repair work, and OncoCyte shall, on demand, immediately pay to BioTime the cost of the repairs. OncoCyte waives the provisions of Sections 1941 and 1942 of the Civil Code of the State of California and all other statutes or laws permitting repairs by a lessee at the expense of a lessor or to terminate a lease by reason of the condition of the Premises. OncoCyte shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by OncoCyte. (h) OncoCyte shall not make or install any alterations, improvements, additions, or fixtures that affect the exterior or interior of the Premises or any structural, mechanical, or electrical component of the Premises, or xxxx, paint, drill, or in any way deface any floors, walls, ceilings, partitions, or any wood, stone, or iron work. (i) Under no circumstances shall OncoCyte bring onto the Premises any substances or materials that are characterized or defined as “hazardous substances” or “hazardous materials” under any federal or state law or regulation pertaining to the release of substances into the environment, except for cleaning materials, paints, and solvents that are used, stored, and disposed of by OncoCyte in full compliance with applicable laws.

Office, Laboratory and Work Space. (a) BioTime agrees to permit OncoCyte AgeX to use the Premises concurrently with BioTime for the conduct of OncoCyteAgeX’s business operations, but only to the extent that (a) the use is a business operation permitted to be conducted by BioTime under the sublease lease of the Premises, (b) OncoCyte AgeX uses the Premises in compliance with all applicable laws, ordinances, and regulations, (c) OncoCyte AgeX uses the Premises in compliance with any and all rules and regulations of the sublandlord and master lease landlord under BioTime’s sublease lease of the Premises, (d) OncoCyteAgeX’s use of the Premises does not interfere with BioTime’s use of the Premises. (b) BioTime and OncoCyte AgeX agree that the permission to use the Premises granted under this Agreement is in the nature of a license only and is not a sublease or assignment of the sublease lease under which BioTime occupies the Premises, and that OncoCyte AgeX shall not obtain any rights, and is not assuming any obligations, under that subleaselease. (c) The use of the Premises by OncoCyte AgeX shall be in a lawful, careful, safe, and proper manner, and OncoCyte AgeX shall not do or permit anything to be done in or about the Premises that would increase the rate or affect any fire or other insurance covering the Premises. OncoCyte AgeX shall not commit nor suffer any waste on the Premises. (d) BioTime does not represent or warrant that the Premises may be used for any particular use or purpose, and OncoCyte AgeX has made OncoCyteAgeX’s own determination that the Premises may be lawfully used for OncoCyteAgeX’s purposes. (e) OncoCyte AgeX shall, at its sole cost and expense, comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or that may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting OncoCyteAgeX’s use of the Premises. (f) OncoCyte AgeX shall, at its sole cost and expense, promptly repair any damage to the Premises caused by any act or omission of OncoCyte AgeX or its employees, agents, invitees, licenses, or contractors, including any acts or omissions of BioTime employees, contractors, and agents arising in the course of performing services for or conducting the business of OncoCyte. AgeX. Any and all repairs effected by OncoCyte AgeX shall be performed in a professional workmanlike manner, by licensed contractors, in compliance with BioTime’s lease of the Premises and all applicable statutes, codes, rules and regulations, and OncoCyte AgeX or OncoCyteAgeX’s contractors shall obtain all permits and approvals of government agencies required by applicable laws in connection therewith. (g) If BioTime deems any repairs required to be made by OncoCyte AgeX necessary, it may demand that OncoCyte AgeX make them, and if OncoCyte AgeX refuses or neglects to commence such repairs and to complete them with reasonable dispatch, BioTime may make or cause such repairs to be made. If BioTime makes or causes repairs to be made, BioTime shall not be responsible to OncoCyte AgeX for any loss or damage that may accrue to OncoCyteAgeX’s business by reason of the repair work, and OncoCyte AgeX shall, on demand, immediately pay to BioTime the cost of the repairs. OncoCyte AgeX waives the provisions of Sections 1941 and 1942 of the Civil Code of the State of California and all other statutes or laws permitting repairs by a lessee at the expense of a lessor or to terminate a lease by reason of the condition of the Premises. OncoCyte AgeX shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by OncoCyte.AgeX. (h) OncoCyte AgeX shall not make or install any alterations, improvements, additions, or fixtures that affect the exterior or interior of the Premises or any structural, mechanical, or electrical component of the Premises, or xxxxmxxx, paint, drill, or in any way deface any floors, walls, ceilings, partitions, or any wood, stone, or iron work. (i) Under no circumstances shall OncoCyte AgeX bring onto the Premises any substances or materials that are characterized or defined as “hazardous substances” or “hazardous materials” under any federal or state law or regulation pertaining to the release of substances into the environment, except for cleaning materials, paints, and solvents that are used, stored, and disposed of by OncoCyte AgeX in full compliance with applicable lawslaws and BioTime’s lease of the Premises.

Office, Laboratory and Work Space. (a) BioTime agrees to permit OncoCyte ES to use the Premises concurrently with BioTime for the conduct of OncoCyteES’s business operations, including but not limited to office use, laboratory research, product production, inventory storage and control, and product shipping and distribution uses, but only to the extent that (a) the use is a business operation permitted to be conducted by BioTime under the sublease lease of the Premises, (b) OncoCyte ES uses the Premises in compliance with all applicable laws, ordinances, and regulations, (c) OncoCyte ES uses the Premises in compliance with the provisions of the Lease and lease governing the manner in which the Premises may be used and maintained, and in compliance with any and all rules and regulations of the sublandlord and master lease landlord under BioTime’s sublease of the Premiseslease, (d) OncoCyteES’s use of the Premises does not interfere with BioTime’s use of the Premises. (b) BioTime and OncoCyte ES agree that the permission to use the Premises granted under this Agreement is in the nature of a license only and is not a sublease or assignment of the sublease lease under which BioTime occupies the PremisesPremises (the Lease), and that OncoCyte ES shall not obtain any rights, and is not assuming any obligations, under that subleasethe Lease. However, if required by BioTime or the owner of the Premises under the Lease (the Landlord), ES will enter into a sublease of the Premises acceptable to BioTime and the Landlord. (c) The use of the Premises by OncoCyte ES shall be in a lawful, careful, safe, and proper manner, and OncoCyte ES shall not do or permit anything to be done in or about the Premises that would increase the rate or affect any fire or other insurance covering the Premises. OncoCyte ES shall not commit nor suffer any waste on the Premises. (d) BioTime does not represent or warrant that the Premises may be used for any particular use or purpose, and OncoCyte ES has made OncoCyteES’s own determination that the Premises may be lawfully used for OncoCyteES’s purposes. (e) OncoCyte ES shall, at its sole cost and expense, comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or that may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting OncoCyteES’s use of the Premises. (f) OncoCyte ES shall, at its sole cost and expense, promptly repair any damage to the Premises caused by any act or omission of OncoCyte ES or its employees, agents, invitees, licenses, or contractors, including any acts or omissions of BioTime employees, contractors, and agents arising in the course of performing services for or conducting the business of OncoCyteES. Any and all repairs effected by OncoCyte ES shall be performed in a professional workmanlike manner, by licensed contractors, in compliance with all applicable statutes, codes, rules and regulations, and OncoCyte ES or OncoCyteES’s contractors shall obtain all permits and approvals of government agencies required by applicable laws in connection therewith. (g) If BioTime deems any repairs required to be made by OncoCyte ES necessary, it may demand that OncoCyte ES make them, and if OncoCyte ES refuses or neglects to commence such repairs and to complete them with reasonable dispatch, BioTime may make or cause such repairs to be made. If BioTime makes or causes repairs to be made, BioTime shall not be responsible to OncoCyte ES for any loss or damage that may accrue to OncoCyteES’s business by reason of the repair work, and OncoCyte ES shall, on demand, immediately pay to BioTime the cost of the repairs. OncoCyte ES waives the provisions of Sections 1941 and 1942 of the Civil Code of the State of California and all other statutes or laws permitting repairs by a lessee at the expense of a lessor or to terminate a lease by reason of the condition of the Premises. OncoCyte ES shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by OncoCyte.ES (h) OncoCyte ES shall not make or install any alterations, improvements, additions, or fixtures that affect the exterior or interior of the Premises or any structural, mechanical, or electrical component of the Premises, or xxxx, paint, drill, or in any way deface any floors, walls, ceilings, partitions, or any wood, stone, or iron workwork without the consent of BioTime and the Landlord. (i) Under no circumstances shall OncoCyte ES bring onto the Premises any substances or materials that are characterized or defined as “hazardous substances” or “hazardous materials” under any federal or state law or regulation pertaining to the release of substances into the environment, except for cleaning materials, paints, and solvents solvents, and such other materials as may be permitted by the Lease, provided that such substances are used, stored, and disposed of by OncoCyte ES in full compliance with applicable laws.

Office, Laboratory and Work Space. (a) BioTime agrees to permit OncoCyte Asterias to use the Premises concurrently with BioTime for the conduct of OncoCyteAsterias’s business operations, but only to the extent that (a) the use is a business operation permitted to be conducted by BioTime under the sublease of the Premises, (b) OncoCyte Asterias uses the Premises in compliance with all applicable laws, ordinances, and regulations, (c) OncoCyte Asterias uses the Premises in compliance with any and all rules and regulations of the sublandlord and master lease landlord under BioTime’s sublease of the Premises, (d) OncoCyteAsterias’s use of the Premises does not interfere with BioTime’s use of the Premises. (b) BioTime and OncoCyte Asterias agree that the permission to use the Premises granted under this Agreement is in the nature of a license only and is not a sublease or assignment of the sublease under which BioTime occupies the Premises, and that OncoCyte Asterias shall not obtain any rights, and is not assuming any obligations, under that sublease. (c) The use of the Premises by OncoCyte Asterias shall be in a lawful, careful, safe, and proper manner, and OncoCyte Asterias shall not do or permit anything to be done in or about the Premises that would increase the rate or affect any fire or other insurance covering the Premises. OncoCyte Asterias shall not commit nor suffer any waste on the Premises. (d) BioTime does not represent or warrant that the Premises may be used for any particular use or purpose, and OncoCyte Asterias has made OncoCyteAsterias’s own determination that the Premises may be lawfully used for OncoCyteAsterias’s purposes. (e) OncoCyte Asterias shall, at its sole cost and expense, comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or that may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting OncoCyteAsterias’s use of the Premises. (f) OncoCyte Asterias shall, at its sole cost and expense, promptly repair any damage to the Premises caused by any act or omission of OncoCyte Asterias or its employees, agents, invitees, licenses, or contractors, including any acts or omissions of BioTime employees, contractors, and agents arising in the course of performing services for or conducting the business of OncoCyteAsterias. Any and all repairs effected by OncoCyte Asterias shall be performed in a professional workmanlike manner, by licensed contractors, in compliance with all applicable statutes, codes, rules and regulations, and OncoCyte Asterias or OncoCyteAsterias’s contractors shall obtain all permits and approvals of government agencies required by applicable laws in connection therewith. (g) If BioTime deems any repairs required to be made by OncoCyte Asterias necessary, it may demand that OncoCyte Asterias make them, and if OncoCyte Asterias refuses or neglects to commence such repairs and to complete them with reasonable dispatch, BioTime may make or cause such repairs to be made. If BioTime makes or causes repairs to be made, BioTime shall not be responsible to OncoCyte Asterias for any loss or damage that may accrue to OncoCyteAsterias’s business by reason of the repair work, and OncoCyte Asterias shall, on demand, immediately pay to BioTime the cost of the repairs. OncoCyte Asterias waives the provisions of Sections 1941 and 1942 of the Civil Code of the State of California and all other statutes or laws permitting repairs by a lessee at the expense of a lessor or to terminate a lease by reason of the condition of the Premises. OncoCyte Asterias shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by OncoCyteAsterias. (h) OncoCyte Asterias shall not make or install any alterations, improvements, additions, or fixtures that affect the exterior or interior of the Premises or any structural, mechanical, or electrical component of the Premises, or xxxx, paint, drill, or in any way deface any floors, walls, ceilings, partitions, or any wood, stone, or iron work. (i) Under no circumstances shall OncoCyte Asterias bring onto the Premises any substances or materials that are characterized or defined as “hazardous substances” or “hazardous materials” under any federal or state law or regulation pertaining to the release of substances into the environment, except for cleaning materials, paints, and solvents that are used, stored, and disposed of by OncoCyte Asterias in full compliance with applicable laws.