Common use of Sublease Premises Clause in Contracts

Sublease Premises. a. Upon the terms and conditions of this Sublease, University hereby subleases to IDC and IDC hereby subleases from University a portion of the Premises under the Master Lease (the “Sublease Premises”), consisting of the laboratory and office space on the 3rd floor of the Building which is delineated in red on Exhibit B attached hereto. For purposes of this Sublease, the Sublease Premises is deemed to contain 11,000 rentable square feet b. In addition, University hereby grants IDC a nonexclusive license to use those certain areas delineated in green on Exhibit B as the “Shared Services Space” and deemed to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly use the Shared Services Space and IDC’s use of the same shall be subject to such reasonable rules and regulations as University may from time to time designate in writing. IDC shall pay University for IDC’s share of the Operating Expenses (as defined under the Master Lease) owing by University for the Shared Services Space under the Master Lease (collectively, the “Share Services Rent”). As of the date of this Sublease, IDC’s share of the Operating Expenses applicable to the Shared Services Space owing under the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months of the Term and thereafter Fifty-Five and 18/100 percent (55.18%). IDC shall have the right to terminate its license of the Shared Services Space at any time upon thirty (30) days prior written notice to University, and upon such termination IDC shall no longer have the right to use such space or the obligation to pay for IDC’s share of the Operating Expenses owing for the same. IDC shall use the Shared Services Space only for such uses as are permitted in the Sublease Premises pursuant to this Sublease. All obligations of IDC with respect to the Sublease Premises shall apply equally to the Shared Services Space with the exception of (a) the economic terms set forth above in this paragraph, (b) IDC’s maintenance and repair obligations, and (c) IDC’s indemnification obligations with respect to the Shared Services Space shall be limited to those matters arising out of the actions of IDC and its employees and invitees of IDC in the Shared Services Space.

Sublease Premises. a. Upon (a) On and subject to the terms and conditions below, Sublandlord hereby leases to Subtenant, and Subtenant hereby leases from Sublandlord, the Sublease Premises. The Sublease Premises are comprised of approximately 48,017 rentable square feet on the first (1st) floor of the Building and approximately 48,017 rentable square feet on the second (2nd) floor of the Building, as shown on Exhibit B-1. Subtenant shall additionally have the right to use on a non-exclusive basis the common areas of the Premises as shown on Exhibit B-2 (“Common Area”). (b) Commencing on the first day of the twenty-fifth (25th) month of the Term (“Expansion Space Commencement Date”), the Sublease Premises shall be expanded to include approximately 54,335 rentable square feet on the second (2nd) floor of the Building, as shown on Exhibit B (“Expansion Space”). From and after the Expansion Space Commencement Date, the Sublease Premises shall include the Expansion Space without the requirement of any further amendment to this Sublease including increase of the Rent, Security Deposit and Subtenant’s Proportionate Share of Building Expenses and Subtenants’ Proportionate Share of Project Expenses. The terms and conditions of the Work Letter shall control Subtenant’s construction of certain tenant improvements to be made by Subtenant within the Expansion Space, except that the Allowance (as defined in the Work Letter) shall be $14.35 per rentable square foot of the Expansion Space and the Expansion Space Commencement Date shall not be tied in any manner to the status of completion of the tenant improvements within the Expansion Space. Subtenant shall be granted early occupancy of the Expansion Space sixty (60) days prior to the Expansion Space Commencement Date for the purposes of performing and installing its tenant improvements, furniture and equipment. During the period of Subtenant’s early occupancy, Subtenant shall be bound by all of the terms of this Sublease, University hereby subleases except that no Rent shall be due until the Expansion Space Commencement Date. If Sublandlord has not delivered the Expansion Space to IDC Subtenant by the date that is sixty (60) days prior to the Expansion Space Commencement Date, then the Expansion Space Commencement Date shall be extended by one day for every day of delay in delivery. (c) Subject to the reasonable requirements of Sublandlord, and IDC hereby subleases from University a portion the prior written consent of the Premises under the Master Lease (the “Sublease Premises”)Landlord, consisting of the laboratory and office space on the 3rd floor of the Building which is delineated in red on Exhibit B attached hereto. For purposes of this Sublease, the Sublease Premises is deemed to contain 11,000 rentable square feet b. In addition, University hereby grants IDC a nonexclusive license to use those certain areas delineated in green on Exhibit B as the “Shared Services Space” and deemed to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly use the Shared Services Space and IDC’s use of the same shall be subject to such reasonable rules and regulations as University may from time to time designate in writing. IDC shall pay University for IDC’s share of the Operating Expenses (as defined under the Master Lease) owing by University for the Shared Services Space under the Master Lease (collectively, the “Share Services Rent”). As of the date of this Sublease, IDC’s share of the Operating Expenses applicable to the Shared Services Space owing under the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months of the Term and thereafter Fifty-Five and 18/100 percent (55.18%). IDC Subtenant shall have the right to terminate its license install a generator in the loading dock area of the Shared Services Space at Building shown on Exhibit B-2 (“Generator Area”). The Generator Area shall be deemed part of the Sublease Premises for all purposes under this Sublease, except there shall be no Rent owed on account thereof, nor any time upon thirty (30) days prior written notice increase in Subtenant’s Proportionate Share of Building Expenses or Subtenant’s Proportionate Share of Project Expenses. In the event that Subtenant elects to Universityinstall a generator, Subtenant shall enclose the Generator Area as required by Sublandlord and Master Landlord and shall comply with all applicable laws, rules and ordinances in the placement and operation of the generator, and upon such termination IDC shall no longer maintain the Generator Area in a neat, clean and safe manner. Subtenant shall be solely responsible for any costs related to the Generator Area and the installation and operation of the generator. (d) Subtenant shall have the right to use such space the food services provided in the cafeteria (“Cafeteria”) located in the Adjacent Building (as defined in Section 27) on a non-exclusive basis during normal hours of operation, subject to any reasonable security and access requirements, as well as any reasonable rules and regulations of Sublandlord. Sublandlord shall have the right to restrict access to the Cafeteria during special events held in the Cafeteria. Sublandlord shall provide not less than twenty-four (24) hours’ prior notice to Subtenant if the Cafeteria will be closed during its normal operating hours. Subtenant’s right to use the Cafeteria shall terminate if Subtenant provides a cafeteria or other food services (except vending machines) to its employees within the Sublease Premises. (e) Throughout the Term, Subtenant is hereby granted a license over those portions of the Common Area as indicated on Exhibit E (“License Area”). The license shall be for the purposes of (i) repair and maintenance of two (2) 4-inch conduits from the Building to the existing SBC vault on St. Axxxxx Place (“St. Axxxxx Conduit”) which is being installed by Sublandlord as part of the Sublandlord Work described in the Work Letter, and (ii) installation, repair and maintenance of two (2) 4-inch conduits from the Building to the existing vault on Grand Avenue (“Grand Avenue Conduits”) which Subtenant may elect to install during the Term of this Sublease, without any obligation to pay for IDC’s share of the Operating Expenses owing for install the same. IDC Subtenant shall use provide written notice to Sublandlord if it elects to install the Shared Services Space only for such uses as are permitted Grand Avenue Conduits and the parties shall promptly thereafter enter into a work letter agreement which shall govern Subtenant’s construction and installation of the Grand Avenue Conduits. Subtenant shall keep, repair and maintain the St. Axxxxx Conduit and the Grand Avenue Conduits, if any, in good order, condition and repair throughout the Sublease Premises pursuant Term. If Subtenant enters any portion of the License Area in order to this Sublease. All perform its obligations of IDC with respect hereunder, Subtenant shall repair and restore the License Area to the Sublease Premises shall apply equally same condition as existed prior to the Shared Services Space with the exception of (aany entry. Any repair and maintenance work under this Section 1(e) the economic terms set forth above in this paragraph, (b) IDC’s maintenance and repair obligations, and (c) IDC’s indemnification obligations with respect to the Shared Services Space shall be limited performed by a licensed contractor or vendor reasonably acceptable to those matters arising out Sublandlord and subject to any reasonable rules and regulations of the actions of IDC and its employees and invitees of IDC in the Shared Services SpaceSublandlord.

Sublease Premises. a. Upon the terms and conditions of this Sublease, University hereby subleases to IDC and IDC hereby subleases from University a portion 1.1.1 As of the Premises under the Master Lease (Commencement Date, the “Sublease Premises” under this Sublease shall consist of approximately 39,369 square feet of exclusive use space and a 6,704 square foot portion of Shared Space (as defined in Section 1.1.6 herein) for a total of 46,073 square feet in the location shown on the attached Exhibit A in that certain building commonly known as 3000 Xxxxx Xxxx Xxx, Xxxxxxx, Xxxxxxxxxx (“Building”), consisting ) and subject to the approval and consent of Master Landlord shall also consist of the laboratory space containing approximately 6250 square feet located in the parking lot on which Subtenant will build and office space on occupy a greenhouse and related facilities with the 3rd floor construction to be at the sole cost and expenses of Subtenant in accordance with the terms of the Building amendment to the Master Lease and the Master Consent, and Subtenant will not be required to pay additional rent for such space or to have the space considered in the calculation of Subtenant’s Share. The Sublease Premises are a portion of those certain premises (“Master Premises”) containing approximately 72,467 square feet which is delineated are demised pursuant to the Master Lease to Sublandlord. That portion of the Master Premises not subleased to Subtenant hereunder shall be referred to hereinafter as the “Retained Space.” The square footages set forth herein and in red Section 1.1.2 and Section 1.1.3 shall be deemed final and shall not be subject to remeasurement or adjusted for purposes of calculation of Rent, except for adjustments due to condemnation or casualty. 1.1.2 As of the Temporary Space Commencement Date, Sublandlord shall vacate the Temporary Space as shown on Exhibit B attached hereto. For purposes A which was temporarily retained by Sublandlord, and the Temporary Space shall be included in the definition of the Sublease Premises under this Sublease. Thereafter, the Sublease Premises is deemed to contain 11,000 rentable shall consist of approximately 48,149 square feet b. In addition, University hereby grants IDC a nonexclusive license to use those certain areas delineated in green on Exhibit B as the “Shared Services Space” and deemed to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly use the Shared Services Space and IDC’s use of the same shall be subject to such reasonable rules and regulations as University may from time to time designate in writing. IDC shall pay University for IDC’s share of the Operating Expenses (as defined under the Master Lease) owing by University for the Shared Services Space under the Master Lease (collectively, the “Share Services Rent”). As of the date of this Sublease, IDC’s share of the Operating Expenses applicable to the Shared Services Space owing under the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months of the Term and thereafter Fifty-Five and 18/100 percent (55.18%). IDC shall have the right to terminate its license of the Shared Services Space at any time upon thirty (30) days prior written notice to University, and upon such termination IDC shall no longer have the right to use such space or the obligation to pay for IDC’s share of the Operating Expenses owing for the same. IDC shall use the Shared Services Space only for such uses as are permitted feet in the Sublease Premises pursuant to this Sublease. All obligations of IDC with respect to the Sublease Premises shall apply equally to the Shared Services Space with the exception of (a) the economic terms set forth above in this paragraph, (b) IDC’s maintenance and repair obligations, and (c) IDC’s indemnification obligations with respect to the Shared Services Space shall be limited to those matters arising out of the actions of IDC and its employees and invitees of IDC in the Shared Services SpaceBuilding.

Sublease Premises. a. Upon Subject to the terms and conditions of this SubleaseSublease and subject to the terms of the Master Lease a copy of which is attached hereto as Exhibit A (Master Lease), University Sublessor hereby subleases to IDC Sublessee, and IDC Sublessee hereby subleases from University Sublessor, a portion of the Premises under the Master Lease consisting of a total of approximately 11,000 rentable square feet of first floor space located at 0000 Xxx Xxxxxx, Santa Clara, CA, as shown on the attached floor plan marked Exhibit “B” (the “Sublease Premises”), consisting which will have the mailing address of 0000 Xxx Xxxxxx. The main ground floor lobby area and restrooms to remain common area and Sublessee’s use thereof will be in common with other tenants of the laboratory and office space on the 3rd floor building. In addition, a portion of the Building which is delineated in red on Exhibit B attached hereto. For purposes of this Sublease, the Sublease Premises is deemed currently subject to contain 11,000 rentable square feet b. In addition, University hereby grants IDC an existing sublease with a nonexclusive license to use those certain areas delineated in green third party (which portion is shown on Exhibit B as “C” attached hereto) (“Existing Sublease Area”), which sublease is scheduled to expire on October 31, 2008. Until November 1, 2008, Sublessee shall be permitted to temporarily occupy and use only the area shown on Exhibit “Shared Services D” attached hereto (“Temporary Space” and deemed ”), with no right to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly occupy or otherwise use the Shared Services Existing Sublease Area. Sublessee shall have access to the Temporary Space and IDC’s use upon the later of (i) the commencement date of the same shall be subject to such reasonable rules and regulations as University may from time to time designate in writing. IDC shall pay University for IDCSublease, (ii) Sublessor’s share receipt of the Operating Expenses advance rent and security deposit pursuant to the Sublease, and (as defined under iii) the Master Lease) owing submittal by University Sublessee of all required certificates of insurance pursuant to the Sublease. The Existing Sublease Area will be delivered to Sublessee for occupancy and use on November 1, 2008, at which time Sublessee shall fully vacate and surrender the Shared Services Temporary Space under the Master Lease (collectively, the “Share Services Rent”). As other than that portion of the date of this Sublease, IDC’s share Temporary Space that is part of the Operating Expenses applicable to Sublease Premises. If the Shared Services Temporary Space owing under is not vacated and surrendered by the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months of the Term and thereafter Fifty-Five and 18/100 percent (55.18%). IDC shall have the right to terminate its license of the Shared Services Space at any time upon thirty (30) days prior written notice to University, and upon such termination IDC shall no longer have the right to use such space or the obligation to pay for IDC’s share of the Operating Expenses owing for the same. IDC shall use the Shared Services Space only for such uses as are permitted in the Sublease Premises Sublessee pursuant to this Sublease. All obligations of IDC with respect Agreement, then Sublessor, at its sole option may terminate this Agreement or charge Sublessee and Sublessee will agree to pay an amount equal to the Sublease Premises Temporary Space still occupied at the rate of $1.57 per square foot per month. Sublessee shall apply equally to surrender the Shared Services Temporary Space with the exception of (a) the economic terms set forth above in this paragraph, (b) IDC’s maintenance and repair obligations, and (c) IDC’s indemnification obligations with respect to the Shared Services Space shall be limited to those matters arising out of the actions of IDC and its employees and invitees of IDC in the Shared Services same condition in which Subtenant occupied the Temporary Space, less normal wear and tear.