Common use of Sublease Clause in Contracts

Sublease. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereof.

Sublease. Landlord hereby leases On the terms and subject to Tenantthe conditions of this Sublease, the Sublessor agrees to sublease the Aircraft to the Sublessee, and Tenant hereby leases the Sublessee agrees to sublease the Aircraft from Landlordthe Sublessor, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown for a term beginning on the site plan attached hereto as Exhibit A Delivery Date and made a part hereof, together with all and singular ending on the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon date on which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Head Lease terminates in accordance with its terms, whether as a result of the expiration of the term thereof, or as a result of earlier termination following the occurrence of a Lease Event of Default thereunder or otherwise, unless this Sublease is terminated earlier pursuant to the Capacity Purchase Agreement. If the Sublessor has the right, by exercise of a renewal or similar option, to extend the term of the Head Lease, are hereby incorporated Sublessor shall, at the request of the Sublessee, exercise any such right so as a part to extend the term of this Sublease, ; provided that Sublessee may not request such an extension and Tenant assumes and agrees Sublessor shall have no obligation to be bound by all exercise any such renewal or similar option to extend the provisions term of the Master Lease. All references Head Lease if, on or prior to “Landlord” in the Master Lease date on which Sublessor would otherwise exercise such renewal or similar option, (A) an Event of Default under Section 7 of this Sublease shall have occurred and be deemed continuing, (B) the Aircraft has become, or Sublessor has notified Sublessee that the Aircraft is scheduled to apply become, an Uncovered Aircraft pursuant to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto shall controlCapacity Purchase Agreement, except solely as between Landlord and Tenant hereunder, (C) Sublessor has notified Sublessee that this Sublease will be terminated pursuant to the terms of the Capacity Purchase Agreement, or (D) Sublessor and Sublessee shall not have agreed on the amount of Basic Rent [Include if aircraft is BNDES-financed and subleased while Sublessee remains a Specified Affiliate of Sublessor: or Revised Basic Rent, as the case may be] applicable during such extension of the term. Notwithstanding the foregoing, if the Sublessor is not entitled to possession of the Aircraft under the Head Lease for any reason, the right of the Sublessee to possession of the Aircraft under this Lease Sublease shall control likewise terminate and the Sublessee shall immediately redeliver possession of the Aircraft to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the likeSublessor, or those provisions that are exclusively between Landlord if required under the Head Lease, to the Head Lessor. This Sublease shall be for all purposes a sublease of the Aircraft, and Tenant hereunder such as Section 24 hereofnot an assignment of the Head Lease to the Sublessee.

Sublease. Landlord hereby leases At or prior to Tenantthe Closing, and Tenant hereby leases from LandlordSeller, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on Purchaser and Capellino/Galleano shall enter into a subleasx xxxxxxable to Capellino/Galleano (the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”"Sublease"). The Property contains Sublxxxx xxxll provide (i) a single1-story warehouse building year term commencing on the Closing Date, which term may be extended at the option of approximately 144,000 square feet Purchaser for additional monthly periods not to exceed twelve months (including adjacent modular restrooms and two-story office areathe "Option Months"), two and upon one hundred twenty (2120) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (days written notice prior to the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use expiration of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 original term of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under sublease; (ii) rental payable by the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and Purchaser during the term of the Master Sublease (including the Option Months) shall be Eighteen Thousand and Ten Dollars ($18,010.00) per month, subject to base rent increase for the Option Months as provided in the Building Lease; (iii) that upon vacation of the Building by Purchaser, are hereby incorporated as Purchaser shall reimburse Seller on a part monthly basis for fifty percent (50%) of this any shortfall incurred by Seller between the rent payable under the Building Lease and any sublease entered into by Seller for the Building after Purchaser's vacation of the Building (A "Rent Shortfall"); (iv) that Purchaser shall reimburse Seller for fifty percent (50%) of any brokerage commissions payable by Seller incurred for the purpose of retaining a sublessee of the Building ("Commissions"); (v) that in no event shall Purchaser's liability for a Rent Shortfall and/or Commissions exceed One Hundred Fifty Thousand Dollars ($150,000) in the aggregate; and (vi) Purchaser shall be responsible for all repairs, restorations, replacements, renewals and other maintenance obligations of the Seller pursuant to the Building Lease during the term of the Sublease; provided, however, that with respect to all major repairs, restorations, replacements to or other maintenance of HVAC, plumbing, electrical, roofing, the parking lot or any structural item (including any series of related items that become major in the aggregate, the "Major Expenses"), Purchaser shall bear the first Ten Thousand Dollars ($10,000.00) of all Major Expenses in the aggregate during the term of the Sublease, and Tenant assumes Purchaser and agrees to be bound by all the provisions Seller (or Shareholder in lieu of Seller) shall each bear fifty percent (50%) of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofMajor Expenses exceeding Ten Thousand Dollars ($10,000.00).

Sublease. Landlord Subject to the terms and conditions of this Sublease and the Master Lease, Sublandlord hereby leases to Tenant, Subtenant and Tenant hereby Subtenant leases from Landlord, Sublandlord the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, Sublease Premises together with all rights appurtenant thereto, including the non-exclusive right to use the Common Areas of the Building as provided for under the Master Lease. Subtenant acknowledges and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privilegesagrees that Subtenant shall have no right to, and easements pertaining thereto shall not, use or occupy any portions of the Premises other than the Sublease Premises except as set forth herein. Sublandlord and Subtenant each agree and acknowledge that (“Property”). The Property contains a single-story warehouse building a) it is their intent that, except as may be specifically excluded under this Sublease, Subtenant shall keep and observe all of approximately 144,000 square feet (including adjacent modular restrooms the obligations and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet eachcovenants under the Master Lease applicable to Sublandlord as such obligations and covenants apply to the Sublease Premises during the Sublease Term, and a single-story office building of approximately 4,800 square feet (the “Buildings”b) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use unless specifically set forth herein, Sublandlord shall have no obligation or liability to perform any of the existing entrance obligations or liabilities of Master Landlord under the Master Lease as the lessor of the Sublease Premises and Master Landlord shall be solely responsible for providing all services and performing all duties and obligations of the Master Landlord under the Master Lease with respect to the Property from South Xxxxxx Road shall not be exclusiveSublease Premises; provided that Sublandlord will use commercially reasonable efforts, but shall be a shared use pursuant at the sole cost and expense of Subtenant, to Section 15.01 cooperate with Subtenant in enforcing the terms of the Master Lease. The Property is being leased Sublandlord shall not voluntarily surrender or terminate the Master Lease with respect to Tenant the Sublease Premises (as the same exists from Landlord time to time), and will not terminate the Master Lease with respect to the Offer Space (as defined below) without first offering such space to Subtenant pursuant to its interest as tenant under Section 24 below. Upon receipt of any notice from Master Landlord relating to the Master LeaseSublease Premises, Sublandlord shall promptly deliver a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together such notice to Subtenant in accordance with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereof25(a) below.

Sublease. Landlord hereby leases Without the prior written consent of Lessor, Lessee may sublease any Unit to Tenantany wholly-owned Subsidiary of Lessee (including without limitation downstream Subsidiaries) or to Piedmont Coca-Cola Bottling Partnership; provided, (a) no Lease Default or Lease Event of Default has occurred and Tenant hereby leases from Landlordbe continuing at such time and (b) such sublease is a Permitted Sublease. Except as otherwise expressly set forth in the immediately preceding sentence, Lessee will not, without the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land prior written consent of Lessor (as hereinafter definedwhich shall be given or withheld in Lessor's reasonable discretion), the Buildings assign, sublease (as hereinafter defined)provided, improvementsunless expressly stated otherwise by Lessor at such time, appurtenanceseach such sublease must be a Permitted Sublease) or otherwise transfer its rights or obligations with respect to this Lease, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use any other Operative Agreement or any of the existing entrance to the Property from South Xxxxxx Road shall not be exclusiveEquipment and any attempted assignment, but sublease or other transfer by Lessee without such Lessor consent shall be null and void. Any sublease referenced in this Lease shall only be deemed a shared use pursuant to Section 15.01 "Permitted Sublease" if at the time Lessee enters into such sublease, all of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant following conditions shall have been satisfied: (a) no such sublease by Lessee will (i) adversely affect the insurance coverage provided under the Master LeaseSection 12, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with (ii) reduce any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of Lessee hereunder or under any Operative Agreement or (iii) adversely affect the Master Lease assumed by Tenant rights of Lessor hereunder. In , (b) all obligations of Lessee hereunder shall be and remain primary and shall continue in full force and effect as the event obligations of a conflict between principal and not of a guarantor or surety, (c) each such sublease, and the terms rights and conditions interests of the Master Lease any sublessee thereunder shall in all events be expressly subject and subordinate to this Lease, the preprinted terms rights and interests of Lessor, the Holders, the Lenders, the Bank Lenders and the Agent (in each case under the Operative Agreements), (d) such sublease shall not include any term or provision which would require or permit the sublessee thereunder to take any actions inconsistent with this Lease or the other Operative Agreements, (e) the term of any such sublease shall in no event exceed the then remaining portion of the Master Term and (f) no Lease Default or Lease Event of Default shall have occurred and Amendment Number 1 thereto shall controlbe continuing. Lessee hereby grants a Lien to Lessor respecting all right, except solely as between Landlord title and Tenant hereunderinterest of Lessee, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as now or hereafter arising, in the provisions relating above-referenced subleases and in connection therewith if Lessor hereafter requests, Lessee will take all actions necessary to Term, Rent, Notice, Use, Renewal Option perfect and the likemaintain a first priority Lien in favor of Lessor respecting such subleases. Lessee shall make, or those provisions that are exclusively between Landlord and Tenant hereunder cause to be made, in a timely fashion all reasonable filings with respect to any such as Section 24 hereofPermitted Sublease necessary to protect the rights of Lessor in the Unit subject to such Permitted Sublease.

Sublease. Landlord Sublessor hereby leases subleases the entire Premises to TenantSubtenant upon the terms and conditions set forth in this Sublease Agreement. Possession of the Premises shall be delivered to Subtenant in its “as is” condition by Sublessor. Notwithstanding anything to the contrary contained in this Sublease Agreement or the Master Lease, Subtenant shall be required to surrender the Premises at the end of the term of this Sublease Agreement in good condition and repair, in the condition in which it was delivered to Subtenant, reasonable wear and tear excepted; provided, however, Subtenant shall not have any obligation to make any repairs to any portion of the Premises that was out of repair on the date the Premises will be delivered to Subtenant. As an inducement to enter into this Sublease Agreement, provided Subtenant is not in default under this Sublease Agreement, Sublessor shall provide Subtenant with an “Improvement Allowance” in the total amount of Forty Thousand and 00/100 Dollars ($40,000.00) to be used towards the construction costs associated with Subtenant’s improvements in the Premises (“Subtenant’s Work”), which Subtenant’s Work shall be performed in accordance with plans and specifications mutually approved by Sublessor and Subtenant, and Tenant hereby leases from Landlord, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance shall otherwise be subject to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 applicable alterations provisions of this Sublease Agreement and the Master Lease. The Property is being leased Improvement Allowance shall be paid directly to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, Subtenant within thirty (30) days after (a) Sublessor has received a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All detailed breakdown of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term cost of the Master LeaseSubtenant’s Work, are hereby incorporated as a part of this Sublease(b) Sublessor has received an affidavit from Subtenant’s contractor stating that all contractors, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Subleasesubcontractors, materialmen, suppliers, architects, engineers, and all references other persons performing work or supplying materials and/or services in connection with Subtenant’s Work have been paid in full and have waived all liens and claims arising as a result of such work, (c) Sublessor has received notarized original final unconditional lien waivers for all contractors, subcontractors, materialmen, suppliers and all other persons performing work or supplying materials in connection with Subtenant’s Work, (d) if applicable, the presentation by Subtenant to Sublessor of a certificate of occupancy issued by the appropriate governmental authority indicating that Subtenant’s construction work was performed in accordance with local and state codes, which work must be completed in accordance with the plans approved by Sublessor, (e) Subtenant shall not be in arrears with regard to any rent or other charges which may be due or owing or otherwise in default of this Sublease Agreement or the AbSci Direct Lease, and (f) Subtenant shall have commenced paying Base Rent with respect to the Premises. Notwithstanding anything in the Master Lease Sublease Agreement to “Tenant” the contrary, if the Sublease Agreement is terminated prior to the Expiration Date (as defined below), Subtenant shall be deemed pay to apply Sublessor a sum equal to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all unamortized portion of the obligations Improvement Allowance, calculated on a straight-line basis over the initial term of this Sublease Agreement and including an eight percent (8.00%) per annum interest rate. Any portion of the Master Lease assumed Improvement Allowance not applied for by Tenant hereunder. In the event of a conflict between the terms and conditions Subtenant within nine (9) months of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto Commencement Date shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control accrue to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as sole benefit of Sublessor, it being understood that Subtenant shall not be entitled to any credit, abatement or other concession in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofconnection therewith.

Sublease. Landlord Subject and pursuant to the provisions hereof, Sublandlord hereby leases subleases to TenantSubtenant, and Tenant hereby leases Subtenant subleases from LandlordSublandlord, the property commonly known Premises. For purposes of this Sublease, the rentable square feet of the first, second and third floors, elevators and fifth floor utility mezzanine of the Building (the “Initial Premises”) is conclusively deemed to be 85,755 rentable square feet of space, and the rentable square feet of the fourth floor of the Building (the “Expansion Premises”) is conclusively deemed to be 29,711 rentable square feet of space. The rentable square feet of the Premises, consisting of the Initial Premises and the Expansion Premises, and together constituting the Building, is conclusively deemed to be 115,466 rentable square feet of space. Together with its use of the Premises, Subtenant shall have the non-exclusive right to use its pro rata share (i.e., 74.27% prior to the Expansion Premises Commencement Date and 100% thereafter) of the generator serving the Building. Prior to the Expansion Premises Commencement Date, Sublandlord shall have the non-exclusive right to use its pro rata share (i.e., 25.73%) of the generator serving the Building. Prior to the Expansion Premises Commencement Date, Sublandlord shall have the non-exclusive right to use the lobby and passenger elevators in the Initial Premises as 00000 Xxxxx Xxxxxx Xxxxneeded for ingress and egress to the Expansion Premises, Lathropthe freight elevator and loading dock in the Initial Premises as needed for deliveries to the Expansion Premises, CAand the stair xxxxx and other emergency exits in the Premises as needed for ingress and egress to the Building, as shown on Expansion Premises and, until the site plan attached hereto as Exhibit A and made a part hereofDelivery Date only, together with all and singular the Land Data Room (as hereinafter defined)defined in Section 13.13 below) (collectively with the Data Room, the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“PropertyShared Areas”). The Property contains a singleIn addition, until December 31, 2020 only, Sublandlord shall have the non-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (exclusive right to use the “Buildings”) and that Shared Areas for the parcel of land upon which purposes set forth in the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenantpreceding sentence in connection with Sublandlord’s use of the existing entrance to Lab Space (as defined in Section 13.14 below). Sublandlord’s use of the Property from South Xxxxxx Road shall not be exclusive, but Shared Areas shall be a shared use pursuant subject to Section 15.01 of the Master LeaseSubtenant’s reasonable rules and regulations. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under Shared Areas are depicted on Exhibit C hereto. Operating Costs associated with the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease Shared Areas shall be deemed to apply to Landlord allocated as set forth in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereof3.2.1.

Sublease. Landlord has previously conveyed certain improvements located in, on or around the Promises (the “New Improvements”) to One Market Street, LLC, a Delaware limited liability company (“New SPE”). Landlord and New SPE have entered into a lease dated October 26, 2000 (as the same may be renewed, amended, modified or supplemented from time to time, the “Landlord-New SPE Lease”) pursuant to which Landlord is leasing the remaining improvements located in, on or around the Premises, together with the real property on which the Premises is located (collectively, the “Remaining Property”), to New SPE. The New SPE and Landlord have entered into a master lease/sublease dated October 26, 2000 (as the same may be renewed, amended, modified or supplemented from time to time, the “Master Lease/Sublease”), pursuant to which New SPE is leasing the New Improvements to Landlord and subleasing the Remaining Property to Landlord. Based upon and solely in reliance upon the foregoing, Tenant hereby leases recognizes and acknowledges that its interest under the Lease and in the Premises is as a sublessee of Landlord’s interests under the Master Lease/Sublease. Tenant agrees that this Lease and all terms and conditions contained herein and all rights, options, and renewals created thereby are and shall be subject and subordinate in all respects to all terms and conditions contained in each of the Landlord-New SPE Lease and the Master Lease/Sublease. The New SPE agrees that, upon any termination of the Master Lease/Sublease: (a) the Lease shall continue in full force and effect as a direct lease between New SPE and Tenant, and subject to all the terms, covenants and conditions of the Lease, and (b) New SPE shall not disturb Tenant’s right of quiet possession of the premises under the terms of the Lease so long as Tenant is not in default beyond any applicable grace period of any term, covenant or condition of the Lease. Tenant agrees that, in the event of any termination of the Master Lease/Sublease, Tenant will attorn to and recognize New SPE as its landlord under the Lease for the remainder of the term of the Lease (including all extension periods which have been or are hereafter exercised) upon the same terms and conditions as are set forth in the Lease, and Tenant hereby leases from Landlord, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, pay and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and perform all of the obligations of Tenant pursuant to the Master Lease assumed by Tenant hereunder. In the event of a conflict between Lease, subject to the terms and conditions contained in the Lease. Tenant agrees that upon any termination of both the Master Lease/Sublease and the New SPE Lease: (a) the Lease shall continue in full force and effect as a direct lease between Landlord and Tenant, and subject to all the terms, covenants and conditions of the Master Lease Lease; and this Lease, (b) Landlord shall not disturb Tenant’s right of quiet possession of the preprinted Premises under the terms of the Master Lease so long as Tenant is not in default beyond any applicable grace period of any term, covenant or condition of the Lease. Tenant hereby agrees to give to New SPE copies of all notices of Landlord default(s) under the Lease in the same manner as, and Amendment Number 1 thereto whenever, Tenant shall controlgive any such notice of default to Landlord, except solely and no such notice of default shall be deemed given to Landlord unless and until a copy of such notice shall have been so delivered to New SPE. The New SPE shall have the right but no obligation to remedy any Landlord default under the Lease, or to cause any default of Landlord under the Lease to be remedied. Tenant shall accept performance by the New SPE of any term, covenant, condition or agreement to be performed by Landlord under the Lease with the same force and effect as between though performed by Landlord. No Landlord default under the Lease shall exist or shall be deemed to exist as long as New SPE, in good faith, shall have commenced to cure such default within thirty (30) days after receipt of written notice of default and Tenant hereundershall be diligently prosecuting the same to completion with reasonable diligence, subject to force majeure, and a cure is completed within a reasonable period of time thereafter. Neither SPE nor its designee or nominee shall become liable under the Lease unless and until New SPE or its designee or nominee becomes, and then only with respect to periods in which New SPE or its designee or nominee remains, the terms owner of this Lease any interest in the Premises. In no event shall control New SPE have any personal liability as successor to Landlord. Tenant shall look only to the extent estate and property of New SPE in the Premises for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money in the event of any default by New SPE as Landlord under the Lease, and no other property or assets of New SPE shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant’s remedies under or with respect to the Lease. New SPE shall have the right, without Tenant’s consent, but upon written notice to Tenant, to terminate the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in Lease/Sublease or to exercise any other remedies under the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofMaster Lease/Sublease.

Sublease. Landlord NNRCSI hereby leases subleases the Sublet Space to TenantAsterias, and Tenant Asterias hereby leases subleases the Sublet Space from LandlordNNRCSI, for the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part Term hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance subject to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of this Sublease. As to those portions of the Sublet Space identified as the Exclusive Strategic Space and the Exclusive First Floor Space (collectively the “Exclusive Portion of Sublet Space”), during the Term applicable to each of those spaces, Asterias will have exclusive use of such space, subject to NNRCSI’s rights under this Sublease and BMR’s rights under the Master Lease and this Lease, the preprinted terms . As to those portions of the Master Lease Sublet Space identified as the Shared Strategic Space and Amendment Number 1 thereto shall controlthe Shared First Floor Space (collectively the “Shared Portion of Sublet Space”), except solely as between Landlord and Tenant hereunderduring the Term applicable to each of those Spaces, the terms of this Lease shall control Asterias will share access to the extent Shared Portion of Sublet Space with NNRCSI Users, and subject to NNRCSI’s rights under this Sublease and BMR’s rights under the Master Lease Lease. NNRCSI shall deliver the Sublet Space to Asterias not later than the Commencement Date, provided that NNRCSI will thereafter complete certain Alterations to the Premises to demise the Exclusive Portion of Sublet Space to reflect the Floor Plan shown on Exhibit A, at NNRCSI’s sole expense, as soon as reasonably practicable following the Commencement Date (the “Demising Alterations”), although Asterias’ obligation to pay Rent will commence on the Commencement Date, even though the Demising Alterations are not completed. If the Term commences on a date other than the Commencement Date, NNRCSI and Amendment Number 1 thereto has been specifically modified hereby such as in Asterias shall execute a memorandum setting forth the provisions actual date of commencement of the Term. Although NNRCSI agrees to construct the Demising Alterations and all other NNRCSI Work at NNRCSI’s sole cost and expense, Asterias shall cause all Asterias’ personal property to be secured and then moved into the Sublet Space from the other portions of the Premises, at Asterias’ sole expense, and with Asterias assuming all risks relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofthereto.

Sublease. Landlord hereby leases to TenantExcept as otherwise provided herein, Tenant may not sublease the Leased Property or a portion thereof, without the written consent of MAC. Tenant shall be responsible for all activities of any Subtenant(s), and Tenant hereby leases from Landlord, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and shall assure that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all sublease(s) are made subject and subordinate to this Lease. No sublease shall extend beyond the Term of the obligations this Lease. Every Subtenant is subject to all of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of this Lease, including the Master provisions of this Lease which permit MAC to terminate this Lease (which would result in a termination of the sublease) if Tenant defaults in its performance of one or more of Tenant’s obligations under this Lease (whether or not the Subtenant is in default under the terms of the sublease). Tenant must include in any sublease (i) a provision whereby the Subtenant agrees, for the benefit of MAC, to indemnify MAC in a manner consistent with the indemnification provisions set forth in Section 13.3 [Indemnification] of this Lease; (ii) a provision whereby the Subtenant agrees to maintain, in the Subtenant’s own name, insurance as described in Section 13 [Insurance and Indemnification] of this Lease, as applicable; (iii) a provision making the sublease subject and subordinate to this Lease; (iv) any provisions necessary to ensure that Tenant can comply fully with this Lease; and (v) all of the language set forth in the attached Exhibit C, which includes provisions on Environmental Responsibilities, Non-Discrimination, and DBE [FAA requires that this provision in (v) be included in this Lease]; provided, however, that to the extent there are conflicts between any of the provisions of Exhibit C and this Lease, then the preprinted terms of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as provision so included in the provisions relating sublease shall conform to Termthis Lease. Tenant shall provide a copy of any sublease to MAC, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofupon request by XXX.

Sublease. Landlord hereby leases Prior to Tenantsubleasing any portion of the Leased Property, Tenant must enter into a sublease license agreement with MAC. Tenant shall be responsible for all activities of any Subtenant(s), and Tenant hereby leases from Landlord, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and shall assure that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all sublease(s) are made subject and subordinate to this Lease. No sublease shall extend beyond the Term of the obligations this Lease. Every Subtenant is subject to all of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of this Lease, including the Master provisions of this Lease which permit MAC to terminate this Lease (which would result in a termination of the sublease) if Tenant defaults in its performance of one or more of Tenant’s obligations under this Lease (whether or not the Subtenant is in default under the terms of the sublease). Tenant must include in any sublease (i) a provision whereby the Subtenant agrees, for the benefit of MAC, to indemnify MAC in a manner consistent with the indemnification provisions set forth in Section 13.3 [Indemnification] of this Lease; (ii) a provision whereby the Subtenant agrees to maintain, in the Subtenant’s own name, insurance as described in Section 13 [Insurance and Indemnification] of this Lease, as applicable; (iii) a provision making the sublease subject and subordinate to this Lease; (iv) any provisions necessary to ensure that Tenant can comply fully with this Lease; and (v) all of the language set forth in the attached Exhibit C, which includes provisions on Environmental Responsibilities and Non- Discrimination [FAA requires that this provision in (v) be included in this Lease]; provided, however, that to the extent there are conflicts between any of the provisions of Exhibit C and this Lease, then the preprinted terms provision so included in the sublease shall conform to this Lease. Tenant shall provide a copy of any sublease to MAC, upon request by XXX. Any Subtenant occupying the Leased Property may only use the Leased Property for storage of aircraft and for maintenance performed by the Subtenant on the Subtenant’s own aircraft. If Tenant has a Subtenant, Tenant shall (i) provide MAC in writing with the following information upon request by MAC Staff: the name, mailing address, airport address and telephone number of the Master Lease Subtenant; and Amendment Number 1 thereto shall controlthe aircraft make, except solely as between Landlord model and Tenant hereunderregistration number of each aircraft stored on the Leased Property pursuant to the sublease; and (ii) pay a sublease fee, according to the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as set forth in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofOrdinance 107.

Sublease. Landlord Sublessor hereby leases demises and subleases to TenantSublessee and Sublessee hereby hires and subleases from Sublessor the Subleased Premises for a term (the "SUBLEASE TERM") commencing on the Effective Date and ending on December 31, 1997. In connection with Sublessee's lease of the Subleased Premises, Sublessor also hereby grants to Sublessee, its employees, agents, contractors and Tenant hereby leases from Landlordinvitees, a nonexclusive right to use, in common with Sublessor, its employees, agents, contractors and invitees, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land following areas (as hereinafter defined)collectively, the Buildings "COMMON AREAS") for the purposes indicated and consistent with the terms of the Lease: (i) all areas within the Premises depicted in EXHIBIT "A" as hereinafter defined)"Common Areas" and (ii) all of the parking areas that Sublessor is entitled to utilize pursuant to the Lease (provided that the number of parking spaces used by Sublessee or its employees, improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”contractors or invitees shall not at any time exceed 80 spaces as depicted in EXHIBIT "B" attached hereto). The Property contains a single-story warehouse building of approximately 144,000 square feet Sublessor may, at Sublessor's option, designate specific parking areas for use by Sublessee, in which event Sublessee shall cause its employees, contractors and invitees to use only such parking areas. Notwithstanding the foregoing, Sublessor may at any time during the Lease Term, upon giving not less than ninety (including adjacent modular restrooms and two-story office area)90) days notice to Sublessee, two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by terminate this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any Sublease and all of Sublessee's rights hereunder, upon payment to Sublessee of $100,000 upon the obligations of termination date specified in Sublessor's notice to Sublessee. Upon the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Leasetermination date specified in Sublessor's notice to Sublessee, the preprinted terms of the Master Lease and Amendment Number 1 thereto Term shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofbe terminated.

Sublease. Landlord hereby leases Is Subject to Tenant, Master Lease. This Sublease is subject to and Tenant hereby leases from Landlord, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance subordinate to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased Sublessee shall not commit or permit to Tenant from Landlord pursuant to its interest as tenant under be committed on or in the Master LeasePremises, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All the Building, the Common Areas or any other portions of the covenants, Industrial Center any act or omission which shall violate any of the terms or conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master LeaseLease as set forth in Exhibit A hereto. Except as otherwise expressly provided herein, all the terms and conditions contained in the Master Lease are hereby incorporated as a part terms and conditions of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references Sublease (with each reference in the Master Lease to “Tenant” shall "Lessor" and "Lessee" to be deemed to apply refer to Tenant Sublessor and to Sublessee, respectively, hereunder, and all references to the term "Lease" to be deemed to refer to this Sublease), and along with all of the terms and conditions set forth herein, shall be the complete terms and conditions of this Sublease. Except as otherwise provided in this Sublease. All references , Sublessee assumes and agrees to “lease” in perform for the benefit of Master Lessor and Sublessor all obligations of Sublessor, as lessee, under the Master Lease shall be deemed to mean this Subleasewhich accrue on or after the Sublease Commencement Date. Landlord shall be authorized to enforce any and all of the obligations The termination of the Master Lease assumed by Tenant hereundershall, at Master Lessor's sole option and except as Master Lessor shall otherwise have previously agreed in writing with Sublessee, constitute a termination of the Sublease. In Notwithstanding any other provision of this Sublease, with respect to incorporating the event of a conflict between Master Lease into this Sublease, the terms and conditions following provisions of the Master Lease are not incorporated into this Sublease: Article 1, Sections 3.1 and this 3.3 of the Initial Lease, the preprinted terms Sections 48, 49, 50, 56, 57, 59, 60 and 61 of the Master Addendum to the Initial Lease, Sections 64, 65, 66, 69 and 70 of Addendum 2, all of Addxxxxx 0, Xxxxxxxxx 0 of Addendum 4, and Exhibit B of the Initial Lease. References to "Lessor" in the following sections of the Initial Lease and Amendment Number 1 Addendum attached thereto shall controlmean Master Lessor only, provided that the foregoing shall not relieve Sublessee of its obligations under any such sections, all of which obligations have been incorporated into this Sublease and shall be enforceable by Sublessor: 2.5, 2.6, Article 9, 10, 11, 17, 30, 32 (except solely as between Landlord that Sublessor shall also have the right to enter the Premises at reasonable times to make inspections of same, and Tenant hereundersuch activity of Sublessor shall be without abatement of Sublessee's rent, the terms of this Lease nor shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereof.Sublessor have any

Sublease. Notwithstanding the references to this document as a "lease," Landlord hereby leases is the tenant of the Project pursuant to Tenanta lease entitled "Subground Lease Agreement" dated as of June 4, 2004 made between Landlord, as subtenant, and Tenant hereby leases from LandlordGreDel Urban Renewal, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CAL.L.C., as shown sublandlord ("PRIME LEASE") and GrxXxx Xxxxx Xenewal, L.L.C. is the tenant pursuant to a lease entixxxx "Xxxxxx Lease Agreement" dated as of June 4th, 2004, made between Landlord , as ground lessor, and GreDel Urban Renewal, L.L.C. as ground lessee ("GROUND LEASE"), a cxxx xx xxxxx was recorded in the Office of the Middlesex County Clerk on June 24, 2004 in Book 5341 at page 180 et seq. Landlord represents and warrants that as of the site plan date hereof the Ground Lease and the Prime Lease are in full force and effect, have not been supplemented or amended, and that neither Landlord nor GreDel Urban Renewal, L.L.C. are in default under either lease. Lanxxxxx xxxxxxnts that it shall not amend or modify the Ground Lease or the Prime Lease in any manner that would adversely affect Tenant's rights under this Lease (other than to a de minimis extent) without Tenant's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. Only the terms and conditions contained in this Lease, however, shall govern the rights and obligations of Landlord and Tenant; it not being intended that any of the terms or conditions of the Prime Lease be deemed incorporated herein. Landlord shall obtain from the landlord under the Prime Lease, and from the fee owner of the Project, subordination, non-disturbance and attornment agreements, in form and content substantially as attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (hereof as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereof.SCHEDULE F. SIGNATURES ON FOLLOWING PAGE

Sublease. Landlord Sublessor does hereby leases to Tenantdemise, lease and let unto Sublessee and Sublessee’s subsidiaries, including, without limitation, Aires Pharmaceuticals, Inc., SD Pharmaceuticals, Inc., and Tenant SynthRx, Inc., (collectively, “Subsidiaries”), and Sublessee does hereby leases lease and take from LandlordSublessor, for the use by Sublessee and its Subsidiaries, upon the terms and conditions hereinafter set forth, the property following described subleased premises: Approximately 13,707 rentable square feet of space located on the fifth (5th) floor of the Building and commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, Suite 500 as shown on the site plan sketch attached hereto as Exhibit A and made a part hereof, together with all and singular incorporated herein by reference (the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“PropertySubleased Premises”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (Notwithstanding the “Buildings”) and that above demising language with respect to the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance Subleased Premises by the Subsidiaries, Sublessor and Sublessee agree that the Subsidiaries are not parties to this Sublease and shall have no standing as the Sublessee or as a subtenant hereunder to enforce the provisions hereof against Sublessor, and, provided, further, that Sublessee shall be responsible for the acts and omissions of the Subsidiaries in their use of the Subleased Premises, and the indemnifications of Sublessor by Sublessee hereunder shall include the acts and omissions of the Subsidiaries. Sublessor, Sublessee and the Subsidiaries agree that the intention of the demising to the Property from South Xxxxxx Road shall not be exclusive, but shall be Subsidiaries hereunder is to permit a shared licensing by Sublessee to the Subsidiaries of the use of the Subleased Premises for the Sublease Term pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofSublease.

Sublease. Landlord hereby leases to TenantConsent. Lessee shall not, and Tenant hereby leases from Landlordwithout the prior written consent of Lessor, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter definedwhich shall not be unreasonably withheld), (i) advertise that any portion of the Buildings Leased Premises is available for lease, (ii) assign, sublease, or encumber this Lease or any estate or interest herein, whether directly or by operation of law. (iii) permit any other entity to become Lessee hereunder by merger, consolidation, or other reorganization, (iv) if Lessee is an entity other than a corporation whose stock is publicly traded, permit the transfer of an ownership interest in Lessee so as hereinafter defined)to result in a change in the current control of Lessee, improvements(v) sublet any portion of the Leased Premises, appurtenances(vi) grant any license, rightsconcession, privilegesor other right of occupancy of any portion of the Leased Premises, and easements pertaining thereto or (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2vii) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (permit the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 Leased Premises by any parties other than Lessee (any of the Master Leaseevents listed in clauses (ii) through (vii) being a "Sublease"). The Property is being leased If Lessxx xxxuests Lessxx'x xonsent to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by then Lessee shall provide Lessor with a written description of all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master proposed Sublease, copies of the proposed documentation, and the following information about the proposed sublease: name and address; reasonably satisfactory information about its business and business history; its proposed use of the Leased Premises; banking, financial, and other credit information; and general references sufficient to enable Lessor to determine the proposed sublessee's credit worthiness and character. If Lessor consents to a proposed Sublease, then the proposed sublessee shall deliver to Lessor a written agreement whereby it expressly assumes the Lessee's obligations hereunder; however, any sublessee of less than all of the space in the Leased Premises shall be liable only for obligations under this Lease that are properly allocable to the space subject to the Sublease, and only to the extent of the rent it has agreed to pay Lessee therefor. Lessor's consent to a Sublease shall not release Lessee from performing its obligations under this Lease, but rather Lessee and its sublessee shall be jointly and severally liable therefor. Lessor's consent to any Sublease shall not waive Lessor's rights as to any subsequent Subleases. If an Event of Default occurs while the preprinted terms Leased Premises or any part thereof are subject to a Sublease, then Lessor, in addition to its other remedies, may collect directly from such sublessee all rents becoming due to Lessee and apply such rents against rent. Lessee authorizes its sublessees to make payments of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms rent directly to Lessor upon receipt of this Lease shall control notice from Lessor to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofdo so.

Sublease. Landlord 1.1 The City hereby leases subleases to Tenantthe County, and Tenant hereby leases the County subleases from Landlordthe City, on the terms and conditions set forth in this Sublease, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan Property more particularly described by metes and bounds description in Exhibit “F” attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto incorporated herein by this reference (“Subleased Property”). The A map depicting the Subleased Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice “F-1.” The City and the term of the Master LeaseCounty hereby acknowledge and agree that, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord in this Sublease, and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent feasible and practical, the Subleased Property is coextensive with the Premises. The City and County acknowledge and agree that modifications to the precise boundaries of the Subleased Property/Premises may be necessary to accommodate the ultimate alignment of the roadway that ultimately will be used as the primary access road to the Subleased Property/Premises. The current alignment of the roadway is shown on City of Irvine Master Lease Subdivision Map 17008 (as amended) (as amended, the "MSM") and Amendment Number 1 thereto has been specifically modified hereby such is referred to as Marine Way on said MSM, and is currently designed as a "Primary" four-lane arterial highway (“Primary Access Road”). The parties further acknowledge that the roadway could, and likely will, ultimately undergo a name change, realignment and/or redesign from what is depicted on the MSM. The parties agree that if the roadway is realigned or redesigned from that shown on the MSM, the Subleased Property/Premises shall continue to have access to and abut a roadway along the entire frontage of the Subleased Property/Premises which frontage (and abutment to the Primary Access Road) is conceptually depicted on the attached Exhibit “D.” The parties acknowledge that in the event that significant realignment takes place to the Primary Access Road, such that a minor exchange or re-conveyance of property, as set forth more completely in this paragraph, is not feasible, the County may be provided access to portions of the Subleased Property/Premises by a secondary access road (“Secondary Access Road”), such that 100% of the Subleased Property/Premises frontage shall be abutted and have access to either the Primary Access Road or the Secondary Access Road (provided that, at a minimum, no less than approximately 90% of the linear frontage of the Subleased Property/Premises shall abut the Primary Access Road). Said abutment shall be continuous such that no non-County landowners or other non-County land interests (including but not limited to easements, licenses, etc.), other than those reflected on Exhibit “D” (as they may be modified or amended to correspond with any realignment or redesign of the Primary Access Road), shall exist between the Subleased Property/Premises and either the Primary Access Road or the Secondary Access Road as the case may be. Should a realignment or redesign of the Primary Access Road occur at any time after conveyance of the Subleased Property/Premises to the County, the parties intend to adjust the boundaries of the Subleased Property/Premises in accordance with the provisions relating set forth in this paragraph. In doing so, the parties agree to Termcooperate in good faith to implement the redesign and/or realignment, Rentincluding an exchange or re- conveyance of property as necessary to effectuate such redesign and/or realignment, Noticeprovided that the County shall be left with no less, Useand not materially more, Renewal Option than a 100 acre parcel. The parties agree that no additional consideration shall be required of either party to the other as a result of said boundary line adjustment. The parties further agree that the cost for the design and construction of the likeSecondary Access Road, or those provisions that are exclusively between Landlord should it be required, shall be done at no additional cost to the County other than County’s agreed “Fair Share” contribution as is set forth herein and Tenant hereunder such as Section 24 hereofin Exhibit “E,” to Implementation Agreement No. 2.

Sublease. Landlord hereby leases Except as provided for herein, Lessee shall not sublet the Premises or any part thereof to Tenantany third party (other than affiliates of Lessee) without the prior written consent of Lessors, and Tenant hereby leases from Landlord, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance to the Property from South Xxxxxx Road consent shall not be exclusiveunreasonably withheld, but conditioned or delayed. Notwithstanding the foregoing, Lessee is permitted, without obtaining Lessors' consent, to sublease the Premises in part to any third party so long as the aggregate amount of space so subleased within the Hospital does not exceed thirty percent (30%) of the total square footage of the Hospital. Any sublease of all or any portion of the Premises shall provide that it is subordinate to this Lease and to the matters to which this Lease is or shall be a shared use pursuant to Section 15.01 subordinate, and that in the event of termination of this Lease, Lessors may, at Lessors' option, take over all of the Master Lease. The Property is being leased right, title and interest of Lessee, as sublessor under such sublease, and the sublessee under such sublease shall, at Lessors' option, attorn, to Tenant from Landlord pursuant Lessors and Lessors shall acknowledge sublessee's rights in, to its interest as tenant and under the Master Leasesuch sublease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All except that neither Lessors nor any mortgagee of the covenantsLand, conditions and obligations assumed by Landlord as tenant holder of a mortgage or as Lessors under the Master Leasethis Lease if such mortgagee succeeds to that position, together with shall (a) be liable for any addendaact or omission of Lessee under such sublease, modifications (b) be subject to any credit, counterclaim, offset or exhibits theretodefense which theretofore accrued to such sublessee against Lessee, except the provisions dealing with rent to be paid by Landlord thereunder, the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to (c) be bound by all any previous modification of such sublease, (d) be bound by any covenant of Lessee to undertake or complete any construction project on the provisions Premises, (e) be required to account for any security deposit of the Master Leasesublessee other than any security deposit actually delivered to Lessors by Lessee, (f) be bound by any obligation to make any payment to such sublessee or grant any credits, except for services, repairs, maintenance and restoration provided for under the sublease to be performed after the date of such attornment, (g) be responsible for any monies owing by Lessors to the credit of Lessee, or (h) be required to remove any person occupying the Premises or any part thereof; and such sublease shall provide that the sublessee thereunder shall, at the request of Lessors, execute a suitable instrument in confirmation of such agreement so to attorn to Lessors. All references No subletting shall in any way impair the continuing primary liability of Lessee hereunder, and no consent (to “Landlord” the extent consent is required) to any subletting in the Master Lease a particular instance shall be deemed to apply be a waiver of the obligation to Landlord obtain the Lessors' written approval in the case of any other or further subletting. No assignment, subletting or occupancy shall affect the permitted use of the Premises. Any subletting, assignment or other transfer of Lessee's interest in this Sublease, and all references Lease in the Master Lease to “Tenant” contravention of this Section 8.2 shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of the obligations of the Master Lease assumed by Tenant hereunder. In the event of a conflict between the terms and conditions of the Master Lease and this Lease, the preprinted terms of the Master Lease and Amendment Number 1 thereto shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofvoidable at Lessors' option.

Sublease. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlordthe introductory paragraph immediately preceding Section 1 defining the term "Premises"; 1; 4.C; 4.D (provided however, the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on the site plan attached hereto as Exhibit A time for payment of Additional Rent shall be changed from five (5) days and made a part hereof, together with all and singular the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“Property”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance days to the Property from South Xxxxxx Road three (3) days and twenty (20) days, respectively); 5 (provided however, that Subtenant shall not be exclusive, but shall be a shared use required to remove any of the alterations or improvements constructed in the Subleased Premises by Landlord pursuant to Section 15.01 paragraph 48 of the Master Lease. The Property is being leased ); 6; 7; 8; 9; 10; 11; 12 (provided however, that Landlord, and not Sublandlord, shall be responsible for maintaining the insurance described therein); 13; 14; 15; 16 (provided however, that Sublandlord and Subtenant acknowledge that the Master Lease provides that in no event will Landlord consent to Tenant from a sub-sublease and accordingly, the parties agree that Sublandlord shall be reasonable in withholding its consent to any sublease or assignment or other transfer of the Premises if Landlord pursuant does not consent to its interest as tenant the proposed transaction for any reason whatsoever and Sublandlord shall not be obligated to take any action against or with respect to Landlord to cause Landlord to grant consent to such transaction); 17 (provided however, that the references to "Landlord" shall mean Landlord and not Sublandlord and the references to "Tenant" shall mean both Sublandlord and Subtenant); 18; 19; 20; 21 (provided however, that Subtenant shall be entitled to an abatement of rent in the event of a casualty only to the extent that Sublandlord receives an abatement of rent under the Master Lease and further, provided however, Landlord, and not Sublandlord, shall be responsible for the repair and restoration obligations of the "Landlord"); 22 (provided however, that Subtenant shall be entitled to an abatement of Rent only to the extent that Sublandlord receives an abatement of rent under the Master Lease); 23 (provided however, a copy that the "sale or conveyance" referenced therein shall apply to the assignment of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease); 24; 25; 26; 27; 28; 29; 30; 31 (provided however, together with any addenda, modifications or exhibits thereto, except the provisions dealing with rent to be paid by Landlord thereunder, that the addresses for notice and the term of the Master Lease, are hereby incorporated as a part of this Sublease, and Tenant assumes and agrees to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply to Landlord those set forth in this Sublease); 32; 33; 34; 36 (provided however, that subparagraph (a) is deleted and further, provided however, that the references to "partner" shall be replaced with "shareholder, officer or director"); 37; 38 (provided however, that subparagraph (i) shall be deleted); 40, 41; 42; 43; 44 (provided however, that Landlord, and all references in the Master Lease to “Tenant” not Sublandlord, shall be deemed to apply to Tenant in this Sublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any and all of responsible for the obligations of the Master Lease assumed by Tenant hereunder. In "Landlord"); 45 (provided however, that Landlord, and not Sublandlord, shall be responsible for the event obligations of a conflict between "Landlord"); 46 (excluding the terms first three sentences thereof); 50 (provided however, that Landlord, and conditions not Sublandlord, shall be responsible for the obligations of "Landlord"); 52; 53 (provided however, that with respect to Subtenant's right to contest Real Property Taxes, Subtenant shall only have the Master Lease and this Leaseright to do so if Landlord consents thereto); 54 (provided however, the preprinted terms of the Master Lease and Amendment Number 1 thereto that Sublandlord only shall control, except solely as between Landlord and Tenant hereunder, the terms of this Lease shall control be obligated to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby such as in use reasonable efforts to cause Subtenant to benefit from the provisions relating to Term, Rent, Notice, Use, Renewal Option of said Section 54); 55; 56; and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereof57.

Sublease. Landlord Aetrium hereby leases subleases to Tenant, Littlefeet and Tenant Littlefeet hereby leases subleases from Landlord, Aetrium that portion of the property commonly known as 00000 Xxxxx Xxxxxx Xxxx, Lathrop, CA, as shown on Premises not subject to the site plan attached hereto as Exhibit A and made a part hereof, together with all and singular Tandberg Sublease (the Land (as hereinafter defined), the Buildings (as hereinafter defined), improvements, appurtenances, rights, privileges, and easements pertaining thereto (“PropertySubleased Premises”). The Property contains a single-story warehouse building of approximately 144,000 square feet (including adjacent modular restrooms Littlefeet accepts the Subleased Premises “as is.” All terms and two-story office area), two (2) metal-sided storage buildings of 10,000 square feet each, and a single-story office building of approximately 4,800 square feet (conditions in the “Buildings”) and that the parcel of land upon which the Buildings are located (the “Land”) contains approximately thirty (30) acres. Tenant’s use of the existing entrance Lease as they pertain to the Property from South Xxxxxx Road shall not be exclusive, but shall be a shared use pursuant to Section 15.01 of the Master Lease. The Property is being leased to Tenant from Landlord pursuant to its interest as tenant under the Master Lease, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof. All of the covenants, conditions and obligations assumed by Landlord as tenant under the Master Lease, together with any addenda, modifications or exhibits theretoSubleased Premises are incorporated herein, except the provisions dealing with rent to be paid by Landlord thereunderas otherwise set forth herein, the addresses for notice as terms and the term of the Master Lease, are hereby incorporated as a part conditions of this Sublease, sublease (with each reference therein to Lessor and Tenant assumes and agrees Lessee to be bound by all the provisions of the Master Lease. All references to “Landlord” in the Master Lease shall be deemed to apply refer to Landlord in Aetrium as sublessor and Littlefeet as sublessee) and, along with the further provisions of this SubleaseSection 4, will be the complete terms and all references in the Master Lease to “Tenant” shall be deemed to apply to Tenant in conditions of this Subleasesublease. All references to “lease” in the Master Lease shall be deemed to mean this Sublease. Landlord shall be authorized to enforce any Littlefeet hereby assumes and will timely perform all of the obligations of Lessee under the Master Lease assumed by Tenant hereunderas they pertain to the Subleased Premises for and during the term of this sublease, provided only that (a) Littlefeet will have no obligation to pay Base Rent or Operating Expenses, and (b) the following sections under the Lease will not apply to the sublease: Addendum sections 1, 4, 14 and 16 and all subsections thereof, First Amendment sections 6, 7 and 8 and all subsections thereof, and First Consent section 3.2 including subsection. Littlefeet will take all actions, if any, necessary to bring the Subleased Premises into conformity with Lessee’s obligations under the Lease. Littlefeet will continue through the term of this sublease to carry insurance naming Aetrium and Lessor as additional insureds meeting the full insurance requirements of the Lease. The term of this Exhibit 10.20 sublease is from the date of this Agreement to and including February 29, 2004. In the event Littlefeet wishes to extend this sublease for any one or more periods of a conflict between not more than one month each, Littlefeet will give Aetrium written notice of such request not less than 30 days prior to the terms and conditions end of the Master Lease and term of this Leasesublease, including as it may have been previously extended. Such requested extension will become effective only upon Aetrium’s written consent thereto, which consent may be given or withheld in Aetrium’s absolute discretion. In the event Aetrium does not consent to any request within five (5) business days of the request, the preprinted terms request will be deemed denied. During the term of sublease, Littlefeet will maintain the security system for the Subleased Premises and timely pay for water, gas and electric charges. Aetrium will reimburse Littlefeet from the Utilities Reserve for third party charges for the security system and for water, gas and electric charges accruing during the term of the Master Lease sublease and Amendment Number 1 thereto shall controlpaid by Littlefeet. Upon Aetrium’s reletting of the Subleased Premises to a third party, except solely as between Landlord Aetrium will return to Littlefeet any amount remaining in the Utilities Reserve, if any, after payment of all third party charges for the security system and Tenant hereunderfor water, gas and electric charges accruing from the terms date of this Lease shall control Agreement to the extent the Master Lease and Amendment Number 1 thereto has been specifically modified hereby date of such as in the provisions relating to Term, Rent, Notice, Use, Renewal Option and the like, or those provisions that are exclusively between Landlord and Tenant hereunder such as Section 24 hereofreletting.