Common use of RIGHT TO EXTEND THIS LEASE Clause in Contracts

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) of the Premises, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below). Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) months or more than thirteen (13) months prior to the Expiration Date, Tenant’s written notice that it desires to so extend the Term of this Lease (the “Extension Notice”). The “Fair Market Rent” shall mean the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for any extension of the Term shall be determined as provided in the following provisions. Landlord shall, within thirty (30) days following the Extension Notice, notify Tenant in writing of its determination of the Fair Market Rent including the basis for such determination (“Landlord’s Determination”). Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rent, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least more than fifty percent (50%) of the Premisesfloor area of the Premise and/or has not assigned its interest in this Lease (except in connection with a “Permitted Transfer” as defined in Section 9.4 hereof), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Determination be less than the Basic Rent payable by Tenant shall be deemed to have irrevocably withdrawn during the Extension Notice and waived its extension rights under this Section 3.3final month of the initial Term. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the ProjectOrange County, California. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project, but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph except in connection with a “Permitted Transfer” (as defined in Section 9.4 hereof), shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%except in connection with an assignment of this Lease to a Tenant Affiliate as described in Section 9.1(f) of the Premiseshereof), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or nor more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s written notice that it desires of its irrevocable commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” Should Tenant fail timely to deliver the Commitment Notice, then this extension right shall mean the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission thereupon lapse and any other concessions typically granted by landlords be of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensionsno further force or effect. The Fair Market Basic Rent for any payable under the Lease during the extension of the Term shall be at the prevailing market rental rate (including periodic adjustments) for comparable and similarly improved space within the Plaza at La Jolla Village project as of the commencement of the extension period, as determined as provided in the following provisions. by Landlord shall, within thirty (30) days following the Extension Notice, notify Tenant in writing based on a reasonable extrapolation of its determination of then-current leasing rates. In no event shall the Fair Market monthly Basic Rent including the basis for such determination (“Landlord’s Determination”). Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent payable for the Premises. Any appraiser designated hereunder shall have an MAl certification with not extension period be less than five (5) years experience in the valuation Basic Rent payable during the month immediately preceding the commencement of commercial industrial buildings in the vicinity of the Projectsuch extension period. Within thirty (30) days Promptly following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentCommitment Notice, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this the Lease for memorializing the extension periodof the Term in accordance with the foregoing, and Tenant shall duly execute and return same to Landlord within ten fifteen (1015) days after Tenant’s receipt of samedays. Should Tenant fail timely to execute and deliver the Fair Market Rent not be established by the commencement of the extension periodamendment, then Tenant shall continue paying rent Landlord may, at its sole written election, either specifically enforce the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Commitment Notice or extinguish Tenant’s right to extend the Term Term. Should Landlord elect the latter, then this Lease shall terminate upon the scheduled date of expiration and Tenant’s rights under this paragraph shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlordno further force or effect. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph to other than a Tenant Affiliate shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph. Time is specifically made of the essence of this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event Tenant is not in Default (as hereinafter defined in Section 14.1 of Default has occurred and is continuing this Lease) under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%except in connection with an assignment of this Lease to a Tenant Affiliate as described in Section 9.1(f) of the Premiseshereof), then Tenant may extend the Term of this Lease for one (1) period of sixty twelve (6012) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten six (106) months or nor more than thirteen nine (139) months prior to the Expiration Dateexpiration date of the Term, Tenant’s written notice that it desires of its irrevocable commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” Should Tenant fail timely to deliver the Commitment Notice, then this extension right shall mean the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission thereupon lapse and any other concessions typically granted by landlords be of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensionsno further force or effect. The Fair Market Basic Rent for any payable under the Lease during the extension of the Term shall be at the prevailing market rental rate (“Fair Market Rental Rate”) for comparable and similarly improved space within the Building as of the commencement of the extension period, as determined as provided in by Landlord based on a reasonable extrapolation of the then-current leasing rates. Within fifteen (15) days following provisions. receipt of the Commitment Notice, Landlord shallshall provide written notice to Tenant with its determination of the Fair Market Rental Rate, pursuant to which Landlord and Tenant shall attempt to reach agreement within thirty (30) days following the Extension Notice, notify of receipt by Tenant in writing of its determination of the Fair Market Rent including the basis for such determination (“Landlord’s Determination”). Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails Rental Rate as to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market RentRental Rate. If Once the parties are unable have reached an agreement as to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentRental Rate, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this the Lease for memorializing the extension periodof the Term in accordance with the foregoing, and Tenant shall duly execute and return same to Landlord within ten fifteen (1015) days after Tenant’s receipt of samedays. Should Tenant fail timely to execute and deliver the Fair Market Rent not be established by the commencement of the extension periodamendment, then Tenant shall continue paying rent Landlord may, at its sole written election, either specifically enforce the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Commitment Notice or extinguish Tenant’s right to extend the Term Term. Should Landlord elect the latter, then this Lease shall terminate upon the scheduled date of expiration and Tenant’s rights under this paragraph shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlordno further force or effect. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph to other than a Tenant Affiliate shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty twelve (6012) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph. Time is specifically made of the essence of this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of uncured Default has occurred and is continuing exists under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesother than to a Permitted Transferee), then Tenant may extend the Term of this Lease for one (1) extension period of sixty (60) months at the “Fair Market Rent” (as defined below)36 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be the prevailing market rental rate for a 36-month renewal of comparable space in the City of Sunnyvale, determined as provided in the following provisions. If Landlord shall, and Tenant are not able to mutually agree upon the Basic Rent for the extension of the Term within thirty (30) 30 days following the Extension of delivery of Tenant’s Commitment Notice, then not less than 30 days after the expiration of such 30 day period, Landlord shall notify Tenant in writing of its Landlord’s determination of the Fair Market Basic Rent including that would reflect the basis prevailing market rental rate for such determination a 36-month renewal of comparable space in the City of Sunnyvale (together with any increases thereof during the extension period) as of the commencement of the extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than 30 days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Determination be less than the Basic Rent payable by Tenant shall be deemed to have irrevocably withdrawn during the Extension Notice and waived its extension rights under this Section 3.3then-scheduled final month of the initial Term. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 36-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project and rental comparables for similarly improved space in the City of Sunnyvale with appropriate adjustment for location and quality of project, but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted who appoint such appraisal, or, if only one appraiser is appointed, then equally by the appraiserboth parties. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Ruckus Wireless, Inc., a “Delaware corporation, or a Permitted Transferee thereof, and any attempted assignment or transfer of such rights, other than pursuant to a Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 36 month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. (a) Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty twelve (6012) months at (the “Fair Market Rent” (as defined belowExtension Term”). Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten six (106) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in Lease during the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for any extension of the Extension Term shall be determined as provided set forth under “Extension Term” in Exhibit Y attached hereto. (b) If Tenant properly exercises its right to extend the following provisionsTerm for the Extension Term and Tenant desires to further extend the Term of the Lease beyond the Extension Term for one (1) additional period of twelve (12) months (the “Discretionary Extension Term”), Tenant shall deliver such request in writing to Landlord no sooner than twelve (12) months or no later than nine (9) months prior to the expiration of the Extension Term. Within thirty (30) days of such request, Landlord shallshall in its sole and absolute discretion either (a) deny such request to extend the Term beyond the Extension Term, or (b) deliver to Tenant in writing Landlord’s determination of the amount that is ninety-five percent (95%) of the then fair market rental value for the Premises (“FMV Notice”). Such determination shall be derived from a written appraisal of the then fair market rental value of the Premises based on comparable facilities in comparable locations prepared by an independent professional appraiser or real estate broker who is a Member of the Appraisal Institute (M.A.I.), or its successor institution, and is experienced with the prevailing market rents for the area in which the Premises is located. If Landlord elects to deliver the FMV Notice, then within thirty (30) days following the Extension of receiving such FMV Notice, Tenant shall notify Tenant Landlord in writing of its determination election to either extend the Term for the Discretionary Extension Term at the rental rate set forth in the FMV Notice or to vacate the Premises as of the Fair Market Rent including expiration of the basis for such determination Extension Term (the “Landlord’s DeterminationDiscretionary Extension Notice”). Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s after receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentDiscretionary Extension Notice, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension Discretionary Extension Term period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. . (c) If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this SectionSection 3.3(a) above, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section 3.3 shall belong to SonicWALL, Inc., a “Permitted Transfer” (California Corporation, and any Affiliate, as defined in Section 9.4 of this Lease)9.6 below, and any attempt to assign other attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inception. Tenant shall have and of no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraphforce and effect. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection 3.3.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) extension period of sixty (60) months at the “Fair Market Rent” (as defined below)60 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s 's Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of the Fair Market Rent those rental terms (“"Tenant’s 's Determination”"), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in Irvine Spectrum within a 2-mile radius of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Lantronix, Inc., a “Permitted Transfer” (as defined in Section 9.4 of this Lease)Delaware corporation, and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 60 month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is then occupying at least fifty percent (50%) of the entire Premises, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("Tenant's Determination"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticefinal month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rent, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default -------------------------- under any provision of this LeaseLease beyond the expiration of any applicable cure period, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of the Fair Market Rent those rental terms (“"Tenant’s 's Determination”"), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if) there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Termterm, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this LeaseLease and is continuing, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant (and/or its Affiliates) is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesother than pursuant to a Permitted Transfer), then Tenant may extend the Term of this Lease for one (1) extension period of sixty either 36 or 60 months (60) months at the “Fair Market Rent” (as defined belowExtension Period”). Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” Tenant’s Commitment Notice shall mean irrevocably specify whether the economic terms (e.g.Extension Period shall be for 36 or 60 months, Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas absence of such specification, the Extension Period shall be deemed to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas be for lease extensions36 months. The Fair Market Basic Rent for any extension payable under the Lease during the Extension Period of the Term shall be determined as provided in the following provisions. If Landlord shall, within thirty (30) days following and Tenant have not by then been able to agree upon the Basic Rent for the Extension NoticePeriod, then not less than 90 days or more than 120 days prior to the Expiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60 month renewal of comparable space in the Project for similar terms as the term of the Fair Market Rent including Extension Period (together with any increases thereof during the basis for such determination extension period) as of the commencement of the Extension Period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser appraisers and such appraiser’s appraisers’ receipt of the Landlord’s Determination and the Tenant’s Determination, the each appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the Extension Period of the Lease for the Premises, as reasonably extrapolated to the commencement of the Extension Period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the each appraiser as the Fair Market Rent fair market rental rate for the extension periodExtension Period. In making such determination, each appraiser shall consider rental comparables for the Project together with rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project, but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. The decision of the majority of the appraisers shall control and be binding on the parties. At any time before the decision of the appraiser appraisers is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraisermajority of the appraisers. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension periodExtension Period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension periodExtension Period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Tenant’s rights under this Section 9.4 of this Lease)shall belong solely to TigerLogic Corporation, and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period Extension Period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period Extension Period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) % of the Floor Area of the Premises and has not assigned its interest in this Lease nor sublet 50% or more of the Floor Area of the Premises, then Tenant may extend the Term of this Lease for one (1) 1 extension period of sixty (60) months at the “Fair Market Rent” (as defined below)-months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project or in similarly improved space owned by Landlord in the Irvine Spectrum (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business Should Tenant disagree with the Landlord’s Determination, then Tenant shall, not later than 20 days following the delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw . Should Tenant fail to timely deliver the Extension Notice. If Tenant fails to provide Tenant’s notice as provided hereinDetermination, Tenant then Landlord’s Determination shall be deemed to have irrevocably withdrawn constitute the Extension Notice and waived its fair market rental for the extension rights under this Section 3.3period. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premisesextension period. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project together with rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project, but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date Expiration Date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Mxxxx Instruments Corp, a “Permitted Transfer” (as defined in Section 9.4 of this Lease)Delaware corporation and its Affiliates, and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights (other than to an Affiliate) shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 60- month extension period created by this paragraph. Section.. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant or its successor pursuant to a Permitted Transfer is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesexcept in connection with a Permitted Transfer), then Tenant may extend the Term of this Lease for one (1) 1 extension period of sixty (60) months at the “Fair Market Rent” (as defined below)60 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable and similarly improved space within Landlord’s portfolio of properties in the immediate vicinity of the Fair Market Rent including Building and the basis for such determination Project (together with any increases thereof during the extension period) as of the commencement of the extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project together with comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project, but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this SectionSection , Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Masimo Corporation, a “Delaware corporation, and its successors pursuant to a Permitted Transfer” (as defined , and except in Section 9.4 of this Lease)connection with a Permitted Transfer, any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 60 month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty has not assigned its interest in this Lease or sublet more than twenty-five percent (5025%) of the PremisesFloor Area of the Premises (in the aggregate), to other than a “Permitted Transferee” (as hereinafter defined), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Irvine Spectrum (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the ProjectSite. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Irvine Spectrum, including, without limitation, factors for tenant improvement allowances or “free rent” provisions then being granted by landlords for renewals of leases (which factors may equate to a corresponding adjustment to Base Rent), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions or any improvements paid for by Tenant in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease in commercially reasonable form for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this SectionSection 3.4, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section 3.4 shall belong solely to SenoRx, Inc., a Delaware corporation, and any attempted assignment or transfer of such rights other than to a “Permitted TransferTransferee” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraphSection 3.4. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection 3.4.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default -------------------------- under any provision of this LeaseLease beyond the expiration of any applicable cure period, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of the Fair Market Rent those rental terms (“"Tenant’s 's Determination”"), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination rental rate determined by Landlord of by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) 1 extension period of sixty (60) months at the “Fair Market Rent” (as defined below)36 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 36-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 36-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Local Corporation, a “Permitted Transfer” (as defined in Section 9.4 of this Lease)Delaware corporation, and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 36-month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.”

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) except in connection with a “Permitted Transfer” as defined in Section 9.4 of the Premisesthis Lease), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at 60)months on the “Fair Market same terms and conditions of this Lease, except for the terms for payment of Basic Rent” (as defined below). Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty then not sooner than one hundred twenty (30120) but not later than ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a GO-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Determination be less than the Basic Rent payable by Tenant shall be deemed to have irrevocably withdrawn during the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice final month of its commitment to extend the initial Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the GO-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month 60)month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesexcept in connection with a Permitted Transfer), then Tenant may extend the Term of this Lease for one (1) extension period of sixty twelve (6012) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in Lease during the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for any initial 12-month extension of the Term shall be determined as provided in the following provisionsTwenty One Thousand One Hundred Thirty-Seven Dollars ($21,137.00) per month, based on $.65 per rentable square foot. Landlord shall, within thirty (30) days following the Extension Notice, notify Tenant in writing of its determination of the Fair Market Rent including the basis for such determination (“Landlord’s Determination”). Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s Upon receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentCommitment Notice, Landlord shall prepare an a reasonably appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, period and Tenant shall execute and return same to Landlord within with ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental ratedays. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the TermExpiration Date, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Masimo Corporation, a “Permitted Transfer” (as defined in Section 9.4 of this Lease)Delaware corporation, and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 12-month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesexcept pursuant to a “Permitted Transfer” as hereinafter defined), then Tenant may extend the Term of this Lease for one two (12) period periods of sixty thirty-six (6036) months at the “Fair Market Rent” (as defined below)each. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for each 36-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Determination be less than the Basic Rent payable by Tenant shall be deemed to have irrevocably withdrawn during the Extension Notice and waived its extension rights under this Section 3.3then-scheduled final month of the initial Term. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for each 36-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphrental.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this LeaseLease and is continuing, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Notice”"COMMITMENT NOTICE"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”"LANDLORD'S DETERMINATION"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("TENANT'S DETERMINATION"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticethen-scheduled final month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s 's receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesexcept in connection with a "Permitted Transfer" as hereinafter defined), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Notice”"COMMITMENT NOTICE"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”"LANDLORD'S DETERMINATION"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("TENANT'S DETERMINATION"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticethen-scheduled final month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s 's receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension its right granted herein to extend within the time period expressly set forth for exercise by Tenant in the initial paragraph of this SectionSection 3.3, then Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph (except in connection with a Permitted Transfer) shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Tenant is not in Default has occurred and is continuing under any provision of this LeaseLease beyond any applicable cure period, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) extension period of sixty (60) months at the “Fair Market Rent” (as defined below)60 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. , If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of , Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. fair market rental, Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years 5 years’ experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. fair market rental rate, At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this SectionSection , Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for , Tenant’s rights under this Section shall belong solely to Axonics Modulation Technologies, Inc., a “Permitted Transfer” (as defined in Section 9.4 of this Lease)Delaware corporation, and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inception. and of no force and effect, Tenant shall have no other right to extend the Term beyond the single sixty (60) 60 month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, of and not in addition to, any duly exercised extension period permitted by this paragraphSection. The purpose of this form is to obtain information regarding the use of hazardous substances on Investment Properties Group (“IPG”) property. Prospective tenants and contractors should answer the questions in light of their proposed activities on the premises. Existing tenants and contractors should answer the questions as they relate to ongoing activities on the premises and should update any information previously submitted. If additional space is needed to answer the questions, you may attach separate sheets of paper to this form, When completed, the form should be sent to the following address: Your cooperation in this matter is appreciated, If you have any questions, please call your property manager at (000) 000-0000 for assistance.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent (has not assigned its interest in this Lease, or sublet more than 50%) % of the PremisesFloor Area of the Premises (in the aggregate), other than to a “Permitted Transferee”, then Tenant may extend the Term of this Lease for one (1) extension period of sixty (60) months at (the “Fair Market Rent” 60 Month Extension”) and/or for one (1) extension period of six (6) months (the “6 Month Extension”). Tenant may exercise extensions in such order as defined below)Tenant may elect, subject to the terms of this Section 1. Tenant shall exercise its right to extend the Term (if at all) by and only by delivering to Landlord, not less than ten (10) 12 months or more than thirteen (13) 15 months prior to the then scheduled Expiration DateDate of the Term, TenantXxxxxx’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease for the 60 Month Extension or the 6 Month Extension, as applicable (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions.” G. Right to Terminate the Lease as to the 5th Floor Premises. Landlord shall, within thirty (30) days following the Extension Notice, notify Tenant in writing of its determination Provided that no Default has occurred and is continuing under any provision of the Fair Market Rent including Lease, and provided further that Tenant has not assigned its interest in the basis for such determination (“Landlord’s Determination”). Within twenty (20) business days following delivery Lease, or sublet more than 50% of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease Floor Area of the Premises on (in the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”aggregate), other than to a “Permitted Transferee”, then Tenant will have the right to terminate the Lease as to the 5th Floor Premises only effective on or after October 1, 2024 by delivering to Landlord not less than six (c6) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable months advance written notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail election to so designate an appraiser within that time, then terminate the appraiser designated by Lease as to the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the 5 th Floor Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in All Rent and other costs due under the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rent, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period5th Floor Premises shall be due and payable by Tenant to Landlord through the effective date of termination, and Tenant shall execute quit and return same surrender possession of the 5th Floor Premises to Landlord within ten (10) days after Tenant’s receipt on or before the effective date of same. Should the Fair Market Rent not be established such termination as required by the commencement provisions of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.15.2

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) extension period of sixty (60) months at the “Fair Market Rent” (as defined below)60 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s 's Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("Tenant's Determination"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticethen-scheduled final month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Cepheid, a “Permitted Transfer” (as defined in Section 9.4 of this Lease)California corporation, and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 60 month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) of the Premises, then Tenant may extend the Term of this Lease for one (1) period of sixty thirty-six (6036) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be ninety five percent (95%) of the fair market rental rate as determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty ten (3010) business days following after the Extension receipt of the Commitment Notice, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect ninety five percent (95%) of the Fair Market Rent including fair market rental rate for a 36-month renewal of comparable space in the basis for such determination Project (together with any increases thereof during the extension period) as of the commencement of the extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser a licensed real estate broker with at least ten (10) years experience in the Milpitas/San Jxxx/Highway 237 market to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser a broker within ten (10) days thereafter. Should either party fail to so designate an appraiser a broker within that time, then the appraiser broker designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraisera broker, then the two appraisers brokers so designated shall appoint a third appraiser broker who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five Within ten (510) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) business days following the selection of the appraiser broker and such appraiserbroker’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser broker shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects ninety five percent (95%) of the Fair Market Rentfair market rental rate for the 36-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser broker as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser broker shall consider rental comparables for the Project and rental comparables for similarly improved space within the Milpitas/San Jxxx/Highway 237 market with appropriate adjustment for location and quality of project, but the broker shall not attribute any factor for market tenant improvement allowances for renewal leases or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser broker is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(sbroker(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiserbroker. Within twenty (20) days after the determination of the Fair Market Rentrental rate, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent rental rate not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty thirty-six (6036) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph. Tenant’s rights under this Section 3.3 shall be personal to Engenio Information Technologies, Inc., and shall not be transferable without the prior written consent of the Landlord, which consent may be withheld in Landlord’s sole and absolute discretion; provided, however, Engenio Information Technologies, Inc., may assign its rights under this Section 3.3 to a Permitted Transferee without obtaining Landlord’s consent. In addition, if Tenant enters into permitted subleases of the Premises totaling more than fifty percent (50%) of the rentable square footage of the Premises, Tenant’s rights under this Section 3.3 shall terminate at the option of Landlord.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) 1 extension period of sixty (60) months at the “Fair Market Rent” (as defined below)36 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 36-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 36-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely equally by the party whose determination of the Fair Market Rent was not accepted by the appraiserboth parties. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Cambium Networks, Inc., a “Permitted Transfer” (as defined in Section 9.4 of this Lease)Delaware corporation, and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 36 month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection. (Turn-key) The tenant improvement work (the “Tenant Improvements” and the “Tenant Improvement Work”) shall consist of the work, including work in place as of the date hereof, required to complete the improvements to the Premises as shown in the space plan (the “Plan”) prepared by , dated , and the cost estimate (the “Cost Estimate”) prepared by , dated . The Tenant Improvement Work shall be performed by a contractor selected by Landlord and in accordance with the requirements and procedures set forth below.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty has not assigned its interest in this Lease or sublet more than twenty-five percent (5025%) of the PremisesFloor Area of the Premises (in the aggregate), to other than a “Permitted Transferee” (as hereinafter defined), then Tenant may extend the Term of this Lease for one (1) period of sixty thirty-six (6036) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 36-month renewal of comparable space in “freeway fronting” projects owned by Landlord in the Irvine Spectrum (“Comparable Projects”) (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the ProjectComparable Projects. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 36-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Comparable Projects (provided that if there are an insufficient number of comparables within the Comparable Projects, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Comparable Projects with appropriate adjustment for location and quality of project), including, without limitation, factors for tenant improvement allowances or “free rent” provisions then being granted by landlords for renewals of leases, but the appraiser shall not attribute any factor for brokerage commissions or any improvements paid for by Tenant in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease in commercially reasonable form for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph other than to a “Permitted Transferee” shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty thirty-six (6036) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not then in default under any provision of this LeaseLease after the expiration of any applicable notice and cure period, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) of the Premises, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) months or more than thirteen (13) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's written notice that it desires of its election to so extend the Term of this Lease (the “Extension "Exercise Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in Lease during the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for any extension of the Term shall be determined as provided at the prevailing rental rate and other economic terms for office space being leased by Landlord in the following provisionsBuilding and in the other high-rise buildings in Block 600 of Newport Center with a term commencing at or about the commencement of the extension period (the "Prevailing Rate"). In determining the Prevailing Rate, recent new and renewal leases with non-equity tenants shall be considered. The Prevailing Rate shall reflect the rental rate and terms payable in those third party transactions, taking into account pertinent economic concessions then generally being granted by Landlord shallsuch as "free rent," Operating Expense base years, within thirty parking charge limitations, tenant improvement allowances and the like. It is understood, however, that no consideration shall be given to brokerage commissions, lease "takeover" payments, or moving allowances. The rental rates payable in any third party transactions executed more than nine (309) days following months prior to the Extension commencement of the extension period shall be reasonably extrapolated, if applicable, to reflect anticipated changes in the Prevailing Rate based on current rental trends. Following Tenant's delivery of the Exercise Notice, but not later than nine (9) months prior to the expiration date of the Term, Landlord shall notify Tenant in writing ("Landlord's Notice") of its determination Landlord's calculation of the Fair Market Rent including Prevailing Rate for the basis for such determination extension period based on the foregoing criteria. Not later than fifteen (“Landlord’s Determination”). Within twenty (2015) business days following delivery of the Landlord’s Determination's Notice, Tenant shall notify may elect to rescind the Exercise Notice by delivery of written notice to Landlord in writing (“Tenant’s "Rescission Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination"), (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case event this extension right shall lapse and cease to be of any force or effect; provided that should Tenant fail timely to deliver the Rescission Notice, Tenant's election to extend this Lease shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Noticebe irrevocable. If Provided that Tenant fails does not elect to provide Tenant’s notice rescind as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determinationabove, the parties shall diligently and in good faith attempt to agree in writing on an appraiser to determine the Fair Market RentPrevailing Rate. If In the event the parties are unable to so agree in on the Prevailing Rate by the date that timeis six (6) months prior to the commencement of the extension period, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail may cause the Prevailing Rate to so designate an appraiser within that time, then the appraiser designated be determined by the other party arbitration in accordance with Section 14.7(b). The arbitrator shall determine the Fair Market Rent. Should each Prevailing Rate based on the criteria set forth above, and neither party shall be bound in the arbitration by any earlier calculation by such party of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiserPrevailing Rate. Within twenty (20) days after the determination of the Fair Market RentPrevailing Rate, Landlord shall prepare an a reasonably appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, period and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of samebusiness days. Should the Fair Market Rent Prevailing Rate not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon within thirty (30) days following the determination of such new rental raterental. If Tenant does not deliver the Exercise Notice by the date set forth above, or otherwise fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph other provisions of this Sectionparagraph, then Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt by the original Tenant herein to assign or transfer any right or interest created by this paragraph paragraph, except in connection with an assignment of this Lease to a Tenant Affiliate, shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension Time is specifically made of the Term, whether created by an amendment to essence of this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesexcept pursuant to a “Permitted Transfer” as hereinafter defined), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for the 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Determination be less than the Basic Rent payable by Tenant shall be deemed to have irrevocably withdrawn during the Extension Notice and waived its extension rights under this Section 3.3then-scheduled final month of the initial Term. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), including factors for tenant improvement allowances or other concessions then being granted for lease renewals, but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this SectionSection 3.3, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph Section 3.3 (except for a “Permitted Transfer”) shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraphSection 3.3. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection 3.3.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing exists under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent has not assigned this Lease (50%) of the Premisesexcept for this purpose only, an assignment pursuant to Section 9.4 shall not be considered an assignment), then Tenant may extend the Term of this Lease for one two (12) period successive periods of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten eighteen (10) months or more than thirteen (1318) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to extend (the "COMMITMENT NOTICE"). If Tenant so provides in the Commitment Notice, Tenant may extend the Term Lease as to four (4) or more full Buildings only, which minimum number of this Lease Buildings shall consist of either Buildings A, B, C, and D as depicted on Exhibit A (the “Extension Notice”"NORTH BUILDINGS") or Buildings E, F, G, and H as depicted on Exhibit A (the "SOUTH BUILDINGS"). The “Fair Market Rent” Should Tenant elect to extend the Lease as to more than four Buildings, the additional Buildings shall mean be at the economic terms easternmost portion of the Site (e.g., Basic Rentshould Tenant lease the North Buildings, tenant improvement allowance, brokerage commission then any additional Buildings shall start at Building H and any other concessions typically granted by landlords move westward in order as shown on Exhibit A). Should Tenant extend this Lease as to fewer than all of similar buildings/comparable space the Buildings in the Sorrento Mesa Site, then Tenant's monument signage rights and Sorrento Valley areas rights to utilize exterior Common Areas within the extent applicable Site shall be appropriately modified to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensionsreflect a multi-tenant Site. The Fair Market Basic Rent for payable under the Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then not later than one hundred eighty (180) days prior to the expiration date of the Term, Landlord shall notify Tenant in writing of the Prevailing Market Rent (as defined in Section 3.5 below) that would reflect one hundred percent (100%) of the Prevailing Market Rent rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the commencement of the extension period ("LANDLORD'S DETERMINATION"). Concurrently with the delivery of the Landlord's Determination, Tenant shall deliver to Landlord Tenant's written determination of the Prevailing Market Rent ("TENANT'S DETERMINATION"). If within thirty (30) days following the Extension Notice, notify Tenant in writing of its determination of the Fair Market Rent including the basis for such determination (“Landlord’s Determination”). Within twenty (20) business days following concurrent delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“'s Determination and the Tenant’s Notice”) that it shall (a) lease 's Determination the Premises parties are still unable to agree on the rental terms set forth in Landlord’s Determinationfor the extension period, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s then either party may thereafter submit the determination of the Fair Prevailing Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw for the Extension Noticeextension period to arbitration pursuant to Section 22.7 below. If Tenant fails The arbitrator utilized to provide Tenant’s notice as provided herein, Tenant reach such determination shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within at least ten (10) days following delivery years of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Projectreal estate matters. Within thirty (30) days following the selection of the appraiser arbitrator and such appraiser’s arbitrator's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser arbitrator shall determine whether the Landlord’s Determination Prevailing Market Rent rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects one hundred percent (100%) of the Fair Prevailing Market RentRent rate for each 60-month renewal of the Lease for the Premises. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser arbitrator as the Fair Prevailing Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser arbitrator is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Prevailing Market Rent. The fees of the appraiser(s) arbitration shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiserarbitrator. At any time before the decision of the arbitrator is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Prevailing Market Rent. Within twenty (20) days after the determination of the Fair Prevailing Market Rent, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s 's receipt of same. Should the Fair Prevailing Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise *** Confidential treatment has been requested for the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph redacted text of this Sectiondocument. The confidential redacted text has been omitted and filed separately with the Securities and Exchange Commission. The rights granted to Tenant under this Section 3.4 are personal to Broadcom Corporation, Tenant’s right a California corporation, and to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability assignee thereof permitted pursuant to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this the Lease), any . Any other attempt to assign or transfer any right or interest created by this paragraph Section shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single two (2) successive sixty (60) month extension period periods created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing exists under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent has not assigned this Lease (50%) of the Premisesexcept for this purpose only, an assignment pursuant to Section 9.4 shall not be considered an assignment), then Tenant may extend the Term of this Lease for one two (12) period successive periods of sixty (60) months at the “Fair Market Rent” (as defined below)each. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten eighteen (10) months or more than thirteen (1318) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this the Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty then not later than one hundred eighty (30180) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Prevailing Market Rent (as defined in Section 3.5 below) that would reflect one hundred percent (100%) of the Fair Prevailing Market Rent including rate for a 60-month renewal of comparable space in the basis for such determination Project (together with any increases thereof during the extension period) as of the commencement of the extension period (“Landlord’s Determination”). Within twenty (20) business days following Concurrently with the delivery of the Landlord’s Determination, Tenant shall notify deliver to Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s written determination of the Fair Prevailing Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide within thirty (30) days following the concurrent delivery of the Landlord’s Determination and the Tenant’s notice as provided herein, Tenant shall be deemed Determination the parties are still unable to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term agree on the rental terms and conditions herein providedfor the extension period, then either party may thereafter submit the determination of the Prevailing Market Rent for the extension period to arbitration pursuant to Section 22.7 below. If applicable, within The arbitrator utilized to reach such determination shall have at least ten (10) days following delivery years of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Projectreal estate matters. Within thirty (30) days following the selection of the appraiser arbitrator and such appraiserarbitrator’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser arbitrator shall determine whether the Landlord’s Determination Prevailing Market Rent rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects one hundred percent (100%) of the Fair Prevailing Market RentRent rate for each 60-month renewal of the Lease for the Premises. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser arbitrator as the Fair Prevailing Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser arbitrator is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Prevailing Market Rent. The fees of the appraiser(s) arbitration shall be borne entirely entirety by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiserarbitrator. At any time before the decision of the arbitrator is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Prevailing Market Rent. Within twenty (20) days after the determination of the Fair Prevailing Market Rent, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Prevailing Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If The rights granted to Tenant fails under this Section 3.4 are personal to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this SectionBroadcom Corporation, Tenant’s right a California corporation, and to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability assignee thereof permitted pursuant to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this the Lease), any . Any other attempt to assign or transfer any and right or interest created by this paragraph Section shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single two (2) successive sixty (60) month extension period periods created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease lease for one (1one(1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by (I) delivering to Landlord, not less than ten one hundred fifty (10150) months days or more than thirteen two hundred ten (13210) months days prior to the Expiration Dateexpiration date of the Term, Tenant’s 's written notice that it desires of its commitment to so extend (the Term of "Commitment Notice"); and (ii) returning to Landlord, within fifteen (15) days after receipt, an executed amendment to this Lease (to be prepared by landlord upon receipt of the “Extension Commitment Notice”)) setting forth the Basic Rent and other charges payable during the extension term. The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in at ninety-five percent (95%) of the following provisions. rate Landlord shall, is then receiving for leases of comparable and similarly improved space within thirty (30) days following the Extension Project on the date of the Commitment Notice, notify Tenant in writing of its determination of the Fair Market Rent including the basis for such determination (“as reasonably determined by Landlord’s Determination”). Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rent, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate terminated as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of o the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant (and/or a transferee pursuant to a “Permitted Transfer” as hereinafter defined) is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesother than pursuant to a “Permitted Transfer”), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than seven (7) months or more than ten (10) months or more than thirteen (13) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent (together with any increases thereof during the extension period, hereinafter referred to as the “Extended Term Rental Rate”) for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Extended Term Rental Rate that would reflect the fair market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent Extended Term Rental Rate (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market RentExtended Term Rental Rate in accordance with the provisions set forth below. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market RentExtended Term Rental Rate. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent Extended Term Rental Rate for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent Extended Term Rental Rate. The “fair market rental rate” as used herein shall mean the rental rate that a willing tenant and a willing landlord would agree on for the extension periodrenewal of the tenant’s lease of comparable space of the type, at the highest and best use of the then current improvements, for a comparable term, in the Irvine Spectrum in the condition which the Premises should be in, at the end of the Term then ending, pursuant to the terms of this Lease, and taking into account any prevailing market concessions being offered by such willing landlords for renewals of comparable space, including but not limited to tenant improvement allowances and total or partial rent abatement. In making such determination, however, the appraiser shall not attribute any factor for the payment of brokerage commissions in making its determination of the Fair Market Rentcommissions. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market RentExtended Term Rental Rate. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent Extended Term Rental Rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentExtended Term Rental Rate, Landlord shall prepare and deliver to Tenant an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent Extended Term Rental Rate not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension its right granted herein within the time period expressly set forth for exercise by Tenant to extend as provided in the initial paragraph of this SectionSection 3.3, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph Section 3.3 (other than to a transferee pursuant to a Permitted Transfer) shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either at the time lime of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten six (106) months or more than thirteen nine (139) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Thc Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("Tenant's Determination"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticefinal month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party xxxxx may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails falls to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date xxxx of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this LeaseLease beyond any applicable cure period, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” and, so long as Tenant exercises its first extension right, one (as defined below)1) additional period of sixty (60) months. Tenant shall exercise its right rights to extend the Term by and only by delivering to Landlord, in the case of the first such extension right not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, and in the case of the second extension right not less than nine (9) months or more than twelve (12) months prior to the expiration of the Term as extended by the first extension right, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided at the fair market rental, including subsequent adjustments, for comparable industrial space being leased by Landlord in the following provisionsProject; provided that such rate shall in no event be less than the rate payable by Tenant during the final month of the Term or any prior extension thereof. Landlord shall, In the event that the parties are not able to agree on the fair market rental within thirty one hundred twenty (30120) days following prior to the Extension Notice, notify Tenant in writing of its determination expiration date of the Fair Market Rent Term or any prior extension thereof, then either party may elect, by written notice to the other party, to cause said rental, including the basis for such determination (“Landlord’s Determination”)subsequent adjustments, to be determined by appraisal as follows. Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery receipt of the Tenant’s Determinationsuch appraisal election, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair rental value. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for fair rental value of the Premises. Any appraiser designated hereunder shall have an MAl M.A.I. certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the ProjectOrange County, California. Within thirty (30) days following the selection of the appraiser, such appraiser and such appraiser’s receipt shall determine the fair market rental value, including subsequent adjustments of the Landlord’s Determination and the Tenant’s DeterminationPremises. In determining such value, the appraiser shall determine whether first consider rental comparables for the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. AccordinglyProject, either the Landlord’s Determination or the Tenant’s Determination shall be selected by provided that if adequate comparables do not exist then the appraiser as may consider transactions involving similarly improved space in the Fair Market Rent Xxxx Xxxxx airport area with appropriate adjustments for the extension perioddifferences in location and quality of project. In making such determination, no event shall the appraiser shall not attribute any factor factors for brokerage commissions or for tenant improvement allowances in making its determination excess of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, renovation allowances then being typically provided by written notice landlords for second generation space to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentreduce said fair market rental. The fees of the appraiser(s) shall be borne entirely shared equally by the party whose determination of the Fair Market Rent was not accepted by the appraiserboth parties. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an a reasonably appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, period and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single two sixty (60) month extension period extensions created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) extension period of sixty (60) months at the “Fair Market Rent” (as defined below)60 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the Irvine Spectrum area with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in In effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Ghost Media Group, LLC, a “Nevada corporation, and any attempted assignment or transfer of such rights (except in connection with a Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph ) shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 60 month extension period created by this paragraph. Section.. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is then occupying at least more than fifty percent (50%) of the rentable area of the Premises, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("Tenant's Determination"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticefinal month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the ProjectOrange County, California. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in material default under any provision of this Lease, either at the time of exercise of the extension right rights granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty seventy-five percent (5075%) of the Premisesfloor area of the Premises and/or has not assigned its interest in this Lease, then Tenant may shall have two (2) successive options to extend the Term of this Lease for one (1) period periods of sixty (60) months at the “Fair Market Rent” (as defined below)each. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Datethen-current expiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for any Lease during each extension of the Term shall be at the fair market rental, including subsequent adjustments, for comparable industrial space being leased by Landlord in the Irvine Spectrum area; provided that such rate shall in no event be less than the Basic Rent payable during the month immediately preceding the commencement of such extension period. In the event that the parties are not able to agree on the fair market rental within one hundred twenty (120) days prior to then-current expiration date of the Term, then either party may elect, by written notice to the other party, to cause said rental, including subsequent adjustments, to be determined by appraisal as provided in hereinafter. Such determination by appraisal shall be conclusive and binding on the following provisions. Landlord shall, within thirty (30) days following parties as to Basic Rental payable by Tenant during the Extension Notice, notify Tenant in writing of its determination applicable extension of the Fair Market Rent including the basis for such determination (“Landlord’s Determination”)Term. Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery receipt of the Tenant’s Determinationsuch appraisal election, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair rental value. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rent, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.third

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) 70% of the Premises and has not assigned this Lease or sublet more than 30% of the Premises, then Tenant may extend the Term of this Lease for one (1) period 2 extension periods of sixty (60) 60 months at the “Fair Market Rent” (as defined below)each. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 12 months or more than thirteen (13) 15 months prior to the Expiration DateDate of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s 's Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("Tenant's Determination"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticethen-scheduled final month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years 5 years’ experience in the valuation of commercial industrial office buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project and for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project, but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord (or make its reasonable comments thereto) within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Alteryx, Inc., and any transferee pursuant to a “Permitted Transfer” (as defined in Section 9.4 of this Lease), and any attempt to assign other attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (two 60) -month extension period periods created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty has not assigned its interest in this Lease or sublet more than twenty-five percent (5025%) of the PremisesFloor Area of the Premises (in the aggregate) to other than a “Permitted Transferee” (as hereinafter defined), then Tenant may extend the Term of this Lease for one (1) period of either thirty-six (36) months or sixty (60) months at the “Fair Market Rent” (as defined below)Tenant’s election. Tenant shall exercise its right to extend the Term (as same is extended by this Amendment) by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen eleven (1311) months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” Tenant’s Commitment Notice shall mean the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission irrevocably state whether Tenant’s exercise is as to a 36-month or 60-month extension and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas absence of such statement, Tenant’s exercise shall conclusively be deemed to the extent applicable be as to the proposed a 36-month extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Basic Rent for payable under the Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental (the “Prevailing Rental Rate”) rate for a 36-month or 60-month renewal (as applicable) of comparable space in “freeway fronting” projects owned by Landlord in the Irvine Spectrum Area (“Comparable Projects”) (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market RentPrevailing Rental Rate. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market RentPrevailing Rental Rate. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent Prevailing Rental Rate for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the ProjectComparable Projects. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination Prevailing Rental Rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market RentPrevailing Rental Rate for the 36-month or 60-month renewal (as applicable) of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent Prevailing Rental Rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Comparable Projects (provided that if there are an insufficient number of comparables within the Comparable Projects, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Comparable Projects with appropriate adjustment for location and quality of project), including, without limitation, factors for tenant improvement allowances or “free rent” provisions then being granted by landlords for renewals of leases, but the appraiser shall not attribute any factor for brokerage commissions or any improvements paid for by Tenant in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms Prevailing Rental Rate submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market RentPrevailing Rental Rate. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent Prevailing Rental Rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentPrevailing Rental Rate, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease in commercially reasonable form for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of same. Should the Fair Market Rent Prevailing Rental Rate not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this SectionSection 3.3, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph other than to a “Permitted Transferee” shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty thirty-six (6036) month or 60-month (as applicable) extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection 3.3.”

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten six (106) months or more than thirteen nine (139) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("Tenant's Determination"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticefinal month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) % of the PremisesFloor Area of the Premises and has not sublet more than 50% of the Floor Area nor assigned its interest in this Lease except in connection with a Permitted Transfer, then Tenant may extend the Term of this Lease for one (1) extension period of sixty (60) months at the “Fair Market Rent” (as defined below)60 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Boot Barn, Inc., a “Delaware corporation, and any attempted assignment or transfer of such rights (except by way of a Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph ) shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 60 month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (not less than 50%) % of the PremisesPremises and has not assigned or sublet any of its interest in this Lease except in connection with a Permitted Transfer, then Tenant may extend the Term of this Lease for one (1) 1 extension period of sixty (60) months at the “Fair Market Rent” (as defined below)36 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 36-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s 's Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of the Fair Market Rent those rental terms (“"Tenant’s 's Determination”"), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 36-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Biopharmx, Inc., a “Nevada corporation, and any Permitted Transfer” (as defined in Section 9.4 of this Lease), Transferee and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights other than as part of a Permitted Transfer shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 36-month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. (a) Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this LeaseLease beyond the applicable cure period, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesother than in a transaction not requiring Landlord's consent pursuant to Section 9.4 hereof), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project, including any subsequent phases of Irvine Technology Center (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of the Fair Market Rent those rental terms (“"Tenant’s 's Determination”"), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the ProjectOrange County, California. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project, including any subsequent phases of Irvine Technology Center (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate, but shall consider then current market tenant improvement allowances for lease renewals of comparable term and size. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. (b) Notwithstanding the foregoing, at any time during the period between fifteen (15) and twelve (12) months prior to expiration of the Term (but prior to the delivery of a Commitment Notice), Tenant may request from Landlord a rental quote upon which Landlord is willing to lease the Premises for the extension term to Tenant (an "Extension Term Rental Offer"). Within Tenant shall have the right for a period of ten (10) business days after receipt of the Extension Term Rental Offer to accept that offer by written notice to Landlord which notice would constitute Tenant's exercise of its right to extend the Term upon the terms and conditions of this Lease but at the rental rate set forth in the Extension Term Rental Offer. If Tenant elects to deliver a Commitment Notice prior to requesting an Extension Term Rental Offer, fails to request an Extension Term Rental Offer or fails to accept the Extension Term Rental Offer within ten (10) business days after receipt thereof, Tenant shall have no further rights under this subparagraph and provisions of subparagraph (a) of this Section shall govern the determination of fair market rental for the extension Term if Tenant elects to extend the Term in accordance with the provisions of this Section. (c) In the event Tenant elects to extend this Lease pursuant to either subparagraph (a) or (b), within twenty (20) days after the determination of the Fair Market Rentrent applicable to such extension, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Section, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph Section shall be void from its inceptioninception other than in connection with a transaction not requiring Landlord's consent pursuant to Section 9.4 hereof. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not (50%except in connection with a Permitted Transfer of this Lease to an Affiliate or a Successor as described in Section 9.2 hereof) assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) 1 extension period of sixty (60) months at the “Fair Market Rent” (as defined below)60 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 10 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s 's Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of the Fair Market Rent those rental terms (“"Tenant’s 's Determination”"), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Autoweb, Inc., a “Delaware corporation, and any attempted assignment or transfer of such rights (except in connection with a Permitted Transfer” (Transfer of this Lease to an Affiliate or a Successor as defined described in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph 9.2 hereof) shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) -month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of uncured Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) 1 extension period of sixty (60) months at the “Fair Market Rent” (as defined below)60 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within twenty (20) business Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than 20 days following the delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing of Tenant's determination of those rental terms (“"Tenant’s Notice”) that it shall (a) lease 's Determination"). Should Tenant fail to timely deliver the Premises on the terms set forth in LandlordTenant’s Determination, (b) arbitrate then Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn constitute the Extension Notice and waived its fair market rental for the extension rights under this Section 3.3period. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premisesextension period. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date Expiration Date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Lantronix, Inc., and any attempted assignment or transfer of such rights (except in connection with a “Permitted Transfer” (as defined in Section 9.4 9.1(e) of this the Lease), any attempt to assign or transfer any right or interest created by this paragraph ) shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 60 month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Determination be less than the Basic Rent payable by Tenant shall be deemed to have irrevocably withdrawn during the Extension Notice and waived its extension rights under this Section 3.3final month of the initial Term. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein give written Commitment Notice within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) of the PremisesPremises and has not assigned its interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the area of the Fair Market Rent including Premises (together with any increases thereof during the basis for such determination extension period) as of the commencement of the extension period (“"Landlord’s 's Determination”"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("Tenant's Determination"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticefinal month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the ProjectSanta Xxxxx County, California. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for similarly improved space in thc area of the Premises with appropriate adjustment for location and quality of project, but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party party, whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphrental.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty thirty-six (6036) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, TenantXxxxxx’s written notice that it desires of its irrevocable commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” Should Tenant fail timely to deliver the Commitment Notice, then this extension right shall mean the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission thereupon lapse and any other concessions typically granted by landlords be of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensionsno further force or effect. The Fair Market Basic Rent for any payable under the Lease during the extension of the Term shall be at the prevailing market rental rate (including periodic adjustments) for comparable and similarly improved space within the Building as of the commencement of the extension period, as determined as provided in the following provisions. by Landlord shall, within thirty (30) days following the Extension Notice, notify Tenant in writing based on a reasonable extrapolation of its determination of the Fair Market Rent including the basis for such determination (“Landlord’s Determination”)then-current leasing rates. Within twenty (20) business days Promptly following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentCommitment Notice, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this the Lease for memorializing the extension periodof the Term in accordance with the foregoing, and Tenant shall duly execute and return same to Landlord within ten thirty (1030) days after Tenant’s receipt of samedays. Should the Fair Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty thirty-six (6036) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph. Time is specifically made of the essence of this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent has not assigned or sublet any of its interest in this Lease except by way of a “Permitted Transfer” (50%) as defined in Section 9.4 of the Premisesthis Lease), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at (the “Option Period”) on the same terms, covenants and conditions contained in this Lease, except that the Basic Rent during the Option Period shall be ninety five percent (95%) of the then fair market rental value for such renewal (“Fair Market Rent” (Rental Value”), as defined below)determined by the provisions of this Section 3.3. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or nor more than thirteen twelve (1312) months prior to the Expiration DateDate of the Lease, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Option Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in Lease during the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for any extension of the Term Option Period shall be determined as provided in the following provisions. If Landlord shall, and Tenant have not by then been able to agree upon the Basic Rent for the Option Period then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination of the Basic Rent that would reflect the Fair Market Rent including Rental Value for the basis Option Period for such determination comparable space in the general location of the Premises (together with any increases thereof during the Option Period) as of the commencement of the Option Period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the that Fair Market Rent Rental Value (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market RentRental Value. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market RentRental Value. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market RentRental Value for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the Option Period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent Rental Value for the extension periodOption Period. In making such determination, the appraiser shall consider rental comparables for similarly improved buildings within the San Jxxx area with appropriate adjustment for location and quality of project, but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market RentRental Value. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market RentRental Value. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent Rental Value was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentRental Value, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension periodOption Period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent Rental Value not be established by the commencement of the extension periodOption Period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely comply with the provision for exercise the of its extension right granted herein within the time period expressly set forth for exercise by Tenant contained in the initial paragraph of this Sectionparagraph, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date Expiration Date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period Option Period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. (a) Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this LeaseLease beyond the applicable cure period, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant and/or a Tenant's "Affiliate" (as hereinafter defined) is occupying at least fifty percent one (50%1) full floor of the PremisesPremises and that Tenant has not assigned its interest in this Lease (other than in a transaction not requiring Landlord's consent pursuant to Section 9.4 hereof), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)provided in this Section 3.3. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shall, within thirty (30) days following the Extension Notice, notify and Tenant in writing of its determination of the Fair Market Rent including the basis for such determination (“Landlord’s Determination”). Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt not by then been able to agree on an appraiser to determine upon the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Basic Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is renderedTerm, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within then within one hundred twenty (20120) and ninety (90) days after the determination of the Fair Market Rent, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment prior to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except Landlord shall notify Tenant in writing of the Basic Rent that would reflect the prevailing market rental rate for a “Permitted Transfer” 60-month renewal of comparable space within the Project and those other business parks described in the next succeeding paragraph (together with any increases thereof during the extension period) as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond commencement of the single sixty (60) month extension period created by this paragraph("Landlord's Determination"). Unless agreed to in a writing signed by Landlord and TenantShould Tenant disagree with the Landlord's Determination, any extension of the Termthen Tenant shall, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.later than twenty

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Notice”"COMMITMENT NOTICE"). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in properties of like product types and management in the Irvine Spectrum with appropriate adjustment for location and quality of the Fair Market Rent including property (together with any increases thereof during the basis for such determination extension period) as of the commencement of the extension period (“Landlord’s Determination”"LANDLORD'S DETERMINATION"). Within Should Tenant disagree with the Landlord's Determination, then Tenant shall, not later than twenty (20) business days following delivery of the Landlord’s Determinationthereafter, Tenant shall notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of those rental terms ("TENANT'S DETERMINATION"). In no event, however, shall Landlord's Determination or Tenant's Determination be less than the Fair Market Basic Rent (“Tenant’s Determination”), or (c) irrevocably withdraw payable by Tenant during the Extension Noticefinal month of the initial Term. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the ProjectIrvine Spectrum. Within thirty (30) days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%except in connection with an assignment of this Lease to a Tenant Affiliate as described in Section 9.1(f) of the Premiseshereof), then Tenant may extend the Term of this Lease for one (1) period of sixty twenty-four (6024) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s written notice that it desires of its irrevocable commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” Should Tenant fail timely to deliver the Commitment Notice, then this extension right shall mean the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission thereupon lapse and any other concessions typically granted by landlords be of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensionsno further force or effect. The Fair Market Basic Rent for any payable under the Lease during the extension of the Term shall be at the prevailing market rental rate (including periodic adjustments) for comparable and similarly improved space within the Building as of the commencement of the extension period, as determined as provided in the following provisions. by Landlord shall, within thirty (30) days following the Extension Notice, notify Tenant in writing based on a reasonable extrapolation of its determination of then-current leasing rates. In no event shall the Fair Market monthly Basic Rent including the basis for such determination (“Landlord’s Determination”). Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent payable for the Premises. Any appraiser designated hereunder shall have an MAl certification with not extension period be less than five (5) years experience in the valuation Basic Rent payable during the month immediately preceding the commencement of commercial industrial buildings in the vicinity of the Projectsuch extension period. Within thirty (30) days Promptly following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentCommitment Notice, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this the Lease for memorializing the extension periodof the Term in accordance with the foregoing, and Tenant shall duly execute and return same to Landlord within ten fifteen (1015) days after Tenant’s receipt of samedays. Should Tenant fail timely to execute and deliver the Fair Market Rent not be established by the commencement of the extension periodamendment, then Tenant shall continue paying rent Landlord may, at its sole written election, either specifically enforce the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Commitment Notice or extinguish Tenant’s right to extend the Term Term. Should Landlord elect the latter, then this Lease shall terminate upon the scheduled date of expiration and Tenant’s rights under this paragraph shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlordno further force or effect. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph to other than a Tenant Affiliate shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty twenty-four (6024) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph. Time is specifically made of the essence of this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either Lease at the time of exercise of the extension right granted herein or at the time of the commencement of such extensionherein, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty thirty-six (6036) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, . not less than ten (10) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s 's written notice that it desires of its irrevocable commitment to so extend the Term of this Lease (the “Extension "Commitment Notice”"). The “Fair Market Rent” Should Tenant fail timely to deliver the Commitment Notice, then this extension right shall mean the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission thereupon lapse and any other concessions typically granted by landlords be of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensionsno further force or effect. The Fair Market Basic Rent for any payable under the Lease during the extension of the Term shall be at the prevailing market rental rate (including periodic adjustments) for comparable and similarly improved space within the Building as of the commencement of the extension period, as determined as provided in the following provisions. by Landlord shall, within thirty (30) days following the Extension Notice, notify Tenant in writing based on a reasonable extrapolation of its determination of the Fair Market Rent including the basis for such determination (“Landlord’s Determination”)then-current leasing rates. Within twenty (20) business days Promptly following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market RentCommitment Notice, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this the Lease for memorializing the extension periodof the Term in accordance with the foregoing, and Tenant shall duly execute and return same to Landlord within ten fifteen (1015) days after Tenant’s receipt of samedays. Should Tenant fail timely to execute and deliver the Fair Market Rent not be established by the commencement of the extension periodamendment, then Tenant shall continue paying rent Landlord may, at its sole written election, either specifically enforce the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Commitment Notice or extinguish Tenant’s 's right to extend the Term Term. Should Landlord elect the latter, then this Lease shall terminate upon the scheduled date of expiration and Tenant's rights under this paragraph shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlordno further force or effect. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty thirty-six (6036) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph. Time is specifically made of the essence of this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Determination be less than the Basic Rent payable by Tenant shall be deemed to have irrevocably withdrawn during the Extension Notice and waived its extension rights under this Section 3.3final month of the initial Term. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten twenty (1020) days after Tenant’s receipt of samedays. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise comply with any of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty forty-eight (6048) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten nine (109) months or more than thirteen twelve (1312) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 48-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Determination be less than the Basic Rent payable by Tenant shall be deemed to have irrevocably withdrawn during the Extension Notice and waived its extension rights under this Section 3.3then-scheduled final month of the initial Term. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 48-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphrental.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and Tenant is continuing not in default under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) period of sixty two (602) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten six (106) months or more than thirteen nine (139) months prior to the Expiration Dateexpiration date of the Term, or the preceding extension period, as applicable, Tenant’s 's irrevocable written notice that it desires to so extend the Term of this Lease (the “Extension Notice”). The “Fair Market Rent” shall mean the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for any extension of the Term shall be determined as provided in the following provisions. Landlord shall, within thirty (30) days following the Extension Notice, notify Tenant in writing of its determination of the Fair Market Rent including the basis for such determination (“Landlord’s Determination”). Within twenty (20) business days following delivery of the Landlord’s Determination, Tenant shall notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s determination of the Fair Market Rent (“Tenant’s Determination”), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend (the Term "Commitment Notice"). Tenant's lease of the Premises during each extension period shall be on the same terms and conditions herein provided. If applicable, within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rent. If the parties are unable to agree set forth in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rent. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent for the Premises. Any appraiser designated hereunder shall have an MAl certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination or the Tenant’s Determination more accurately reflects the Fair Market Rent. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent for the extension period. In making such determination, the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rent. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rent. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rent, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rateLease. If Tenant fails to timely exercise comply with all of the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph provisions of this Sectionparagraph, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any Any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term term beyond the single sixty one (601) two (2) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, and is continuing either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent (50%) the entire Premises and has not assigned or sublet any of the Premisesits interest in this Lease, then Tenant may extend the Term of this Lease for one (1) extension period of sixty (60) months at the “Fair Market Rent” (as defined below)36 months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten (10) 9 months or more than thirteen (13) 12 months prior to the Expiration DateDate of the Term, Tenant’s 's irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, within thirty (30) then not less than 90 days following or more than 120 days prior to the Extension NoticeExpiration Date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 36-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“"Landlord’s 's Determination”"). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s 's Determination, then Tenant shall shall, not later than 20 days thereafter, notify Landlord in writing (“of Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include Tenant’s 's determination of the Fair Market Rent those rental terms (“"Tenant’s 's Determination”"), or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Tenant shall be deemed to have irrevocably withdrawn the Extension Notice and waived its extension rights under this Section 3.3. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within ten (10) Within 10 days following delivery of the Tenant’s 's Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) 10 days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) 5 years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) 30 days following the selection of the appraiser and such appraiser’s 's receipt of the Landlord’s 's Determination and the Tenant’s 's Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 36-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s 's Determination or the Tenant’s 's Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space owned by Landlord in the vicinity of the Project with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) 20 days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and provided such amendment is limited to an extension of the Term and does not include additional or different terms to that contained in the original lease, Tenant shall execute and return same to Landlord within ten (10) 10 days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental raterental. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s 's right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for Tenant’s rights under this Section shall belong solely to Aviat U.S., Inc., a “Delaware corporation, or any transferee under a Permitted Transfer” (as defined in Section 9.4 of this Lease), and any attempt to assign attempted assignment or transfer any right or interest created by this paragraph of such rights shall be void from its inceptionand of no force and effect. Tenant shall have no other right to extend the Term beyond the single sixty (60) 36 month extension period created by this paragraphSection. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphSection.

RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred and is continuing under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least fifty percent the entire Premises and has not assigned or sublet any of its interest in this Lease (50%) of the Premisesexcept in connection with a “Permitted Transfer” as hereinafter defined), then Tenant may extend the Term of this Lease for one (1) period of sixty thirty-six (6036) months at the “Fair Market Rent” (as defined below)months. Tenant shall exercise its right to extend the Term by and only by delivering to Landlord, not less than ten six (106) months or more than thirteen nine (139) months prior to the Expiration Dateexpiration date of the Term, Tenant’s irrevocable written notice that it desires of its commitment to so extend the Term of this Lease (the “Extension Commitment Notice”). The “Fair Market Rent” shall mean Basic Rent payable under the economic terms (e.g., Basic Rent, tenant improvement allowance, brokerage commission and any other concessions typically granted by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas to the extent applicable to the proposed extension) secured at that time by landlords of similar buildings/comparable space in the Sorrento Mesa and Sorrento Valley areas for lease extensions. The Fair Market Rent for Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord shalland Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within thirty one hundred twenty (30120) and ninety (90) days following prior to the Extension Noticeexpiration date of the Term, Landlord shall notify Tenant in writing of its determination the Basic Rent that would reflect the prevailing market rental rate for a 36-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the Fair Market Rent including commencement of the basis for such determination extension period (“Landlord’s Determination”). Within twenty (20) business days following delivery of Should Tenant disagree with the Landlord’s Determination, then Tenant shall shall, not later than twenty (20) days thereafter, notify Landlord in writing (“Tenant’s Notice”) that it shall (a) lease the Premises on the terms set forth in Landlord’s Determination, (b) arbitrate Landlord’s Determination as set forth in this Section 3.3 in which case Tenant shall include of Tenant’s determination of the Fair Market Rent those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or (c) irrevocably withdraw the Extension Notice. If Tenant fails to provide Tenant’s notice as provided herein, Determination be less than the Basic Rent payable by Tenant shall be deemed to have irrevocably withdrawn during the Extension Notice and waived its extension rights under this Section 3.3then-scheduled final month of the initial Term. Tenant’s Notice shall serve as its irrevocable notice of its commitment to extend the Term on the terms and conditions herein provided. If applicable, within Within ten (10) days following delivery of the Tenant’s Determination, the parties shall attempt to agree on an appraiser to determine the Fair Market Rentfair market rental. If the parties are unable to agree in that time, then each party shall designate an appraiser within ten (10) days thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party shall determine the Fair Market Rentfair market rental. Should each of the parties timely designate an appraiser, then the two appraisers so designated shall appoint a third appraiser who shall, acting alone, determine the Fair Market Rent fair market rental for the Premises. Any appraiser designated hereunder shall have an MAl MAI certification with not less than five (5) years experience in the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (30) days following the selection of the appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the Landlord’s Determination rental rate determined by Landlord or the Tenant’s Determination by Tenant more accurately reflects the Fair Market Rentfair market rental rate for the 36-month renewal of the Lease for the Premises, as reasonably extrapolated to the commencement of the extension period. Accordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the Fair Market Rent fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the Project, the appraiser shall consider rental comparables for similarly improved space in the North San Jxxx/Milpitas/South Fremont marketplace with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the Fair Market Rentfair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by written notice to the other party, accept the rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed Fair Market Rentfair market rental. The fees of the appraiser(s) shall be borne entirely by the party whose determination of the Fair Market Rent fair market rental rate was not accepted by the appraiser. Within twenty (20) days after the determination of the Fair Market Rentfair market rental, Landlord shall prepare an appropriate and commercially reasonable and mutually agreeable amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within ten (10) days after Tenant’s receipt of same. Should the Fair Market Rent fair market rental not be established by the commencement of the extension period, then Tenant shall continue paying rent at the rate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental rate. If Tenant fails to timely exercise the extension right granted herein within the time period expressly set forth for exercise by Tenant in the initial paragraph of this Section, Tenant’s right to extend the Term shall be extinguished and the Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Except for a “Permitted Transfer” (as defined in Section 9.4 of this Lease), any attempt to assign or transfer any right or interest created by this paragraph shall be void from its inception. Tenant shall have no other right to extend the Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraphrental.