Common use of Tenant’s Percentage Clause in Contracts

Tenant’s Percentage. Notwithstanding the provision of Section 3.1, so long as the Tenant is the initially-named Tenant under this Lease or a Permitted Transferee thereof, Tenant may pay the Over-Allowance Amount in accordance with the following schedule: (a) an amount equal to 35% of the Over-Allowance Amount (the “Initial Construction Deposit”) shall by delivered to Landlord by the date that is the later of (i) Landlord’s execution of construction contract with the Contractor, or (ii) the date that is thirty (30) days after the receipt from Landlord of an invoice therefor together with reasonable supporting documentation; and (b) the remaining 65% of the Over-Allowance Amount shall be delivered to Landlord from time-to-time within ten (10) business days after written request of Landlord (each, a “Funding Request”) in amounts specified by Landlord in each such Funding Request. Landlord may give multiple Funding Requests. Landlord agrees that the amounts specified in each Funding Request shall be Landlord’s good faith estimate of Tenant’s Percentage (as defined below) of the amounts necessary to make payment to third parties for the cost of the Tenant Improvement that have been incurred or will be incurred within thirty (30) days after the date of the Funding Request. Any failure of Tenant to deliver to Landlord any portion of the Over-Allowance Amount in cash as and when due as provided above that it is not cured within three (3) business days after written notice from Landlord shall constitute an Event of Default under the Lease. The Initial Construction Deposit shall be applied to Tenant’s Percentage of the cost of the Tenant Improvements first coming due. For purposes of this Tenant Work Letter, “Tenant’s Percentage” shall be equal one (1) minus the fraction determined by dividing the amount of the Allowance by the estimated budget for the Tenant Improvements. Landlord may from time to time re-determine the Over-Allowance Amount based on any changes, change orders or modifications to the Approved Working Drawings (which Landlord approves pursuant to Section 2) which increase the cost to construct the Tenant Improvements and upon that re-determination modify Tenant’s Percentage and adjust the amount of any Funding Request (or make additional Funding Requests) such that Tenant shall pay the entire Over-Allowance Amount and Tenant’s funding of the Over-Allowance Amount at all times is equal to Tenant’s Percentage of the estimated budget for the Tenant Improvements that has been expended through that date and that will be paid to third parties for the cost of the Tenant Improvement that have been incurred or will be incurred within thirty (30) days after the date of the most recent Funding Request. Section 4

Tenant’s Percentage. Notwithstanding [***]%, being the provision ratio of Section 3.1, so long as the Tenant is the initially-named Tenant under this Lease or a Permitted Transferee thereof, Tenant may pay the Over-Allowance Amount in accordance with the following schedule: (a) an amount equal to 35% rentable square footage of the Over-Allowance Amount Premises to the total rentable square footage of the Building (currently [***] rentable square feet), provided that until the “Initial Construction Deposit”occurrence of the Full Premises Commencement Date the Tenant’s Percentage shall be [***]% (based on Suite 160). Prepaid Rent: $[***] (to be applied, pursuant to the terms herein), representing the amounts estimated for the first month in which rent is payable for the entire Premises (estimated to be $[***]) shall by delivered and the last month in which rent is payable for the entire Premises (estimated to Landlord by the date be $[***]). Provided that is the later of (i) Landlord’s execution of construction contract with the ContractorTenant has paid all amounts due and has otherwise performed all obligations hereunder, or (ii) the date that is thirty (30) days after the receipt from Landlord there exists no Event of an invoice therefor together with reasonable supporting documentation; Default hereunder, and (biii) this Lease is then in full force and effect, the Landlord shall credit the remaining 65% of the Over-Allowance Amount shall be delivered to Landlord from time-to-time within ten (10) business days after written request of Landlord (each, a “Funding Request”) in amounts specified by Landlord in each such Funding Request. Landlord may give multiple Funding Requests. Landlord agrees that the amounts specified in each Funding Request shall be Landlord’s good faith estimate of Tenant’s Percentage (as defined below) of the amounts necessary to make payment to third parties for the cost of the Tenant Improvement that have been incurred or will be incurred within thirty (30) days after the date of the Funding Request. Any failure of Tenant to deliver to Landlord any portion of the Over-Allowance Amount in cash Prepaid Rent (after deducting the amount for the first month’s rent) to the Rent payable for the month of January 2024, with such credit to be conditioned on (i), (ii), and (iii) above. In the event the conditions above are not satisfied as and when due as provided above that it is not cured within three (3) business days after written notice from Landlord shall constitute an Event of Default under December 31, 2023, the Lease. The Initial Construction Deposit remaining portion of the Prepaid Rent shall be applied held and credited to Tenant’s Percentage the last month of the cost Term. Security Deposit: $[***]. Exhibits: Exhibit A-1 Site Plan of the Tenant Improvements first coming due. For purposes Building Exhibit A-2 Location of Parking Spaces Exhibit A-3 Building Lot and Shared Lot Exhibit A The Premises Exhibit B Rules and Regulations Exhibit C Commencement Letter Exhibit D Additional Stipulations Exhibit E Suite 160 Work Letter Exhibit F Landlord Work Letter Exhibit G Intentionally Deleted Exhibit H Current Lender Form SNDA Exhibit I Assumed Rent Table Exhibit J Landlord’s Agreement All of the Exhibits listed above are incorporated into and made part of this Tenant Work Letter, “Tenant’s Percentage” shall be equal one (1) minus the fraction determined by dividing the amount of the Allowance by the estimated budget for the Tenant Improvements. Landlord may from time to time re-determine the Over-Allowance Amount based on any changes, change orders or modifications to the Approved Working Drawings (which Landlord approves pursuant to Section 2) which increase the cost to construct the Tenant Improvements and upon that re-determination modify Tenant’s Percentage and adjust the amount of any Funding Request (or make additional Funding Requests) such that Tenant shall pay the entire Over-Allowance Amount and Tenant’s funding of the Over-Allowance Amount at all times is equal to Tenant’s Percentage of the estimated budget for the Tenant Improvements that has been expended through that date and that will be paid to third parties for the cost of the Tenant Improvement that have been incurred or will be incurred within thirty (30) days after the date of the most recent Funding Request. Section 4Lease.

Tenant’s Percentage. Notwithstanding the provision of Section 3.1, so long as the Tenant is the initially-named Tenant under this Lease or a Permitted Transferee thereofOriginal Tenant, Tenant may pay the Over-Allowance Amount in accordance with the following schedule: (a) an amount equal to thirty-five percent (35% %) of the Over-Allowance Amount (the “Initial Construction Deposit”) shall by delivered to Landlord by the date that is the later of (i) Landlord’s execution of construction contract with the Contractor, or (ii) the date that is within thirty (30) days after the receipt from Landlord of an invoice therefor together with reasonable supporting documentation; and (b) the remaining sixty-five percent (65% %) of the Over-Allowance Amount shall be delivered to Landlord from time-to-time within ten (10) business days after written request of Landlord (each, a “Funding Request”) in amounts specified by Landlord in each such Funding Request. Landlord may give multiple Funding Requests. Landlord agrees that the amounts specified in each Funding Request shall be Landlord’s good faith estimate of Tenant’s Percentage (as defined below) of the amounts necessary to make payment to third parties for the cost of the Tenant Improvement that have been incurred or will be incurred within thirty (30) days after the date of the Funding Request. Any failure of Tenant to deliver to Landlord any portion of the Over-Allowance Amount in cash as and when due as provided above that it is shall constitute a Tenant Delay and, if not cured within three five (35) business days after written notice from Landlord notice, shall also constitute an Event of Default under the Lease. The Initial Construction Deposit shall be applied to Tenant’s Percentage of the cost of the Tenant Improvements first coming due. For purposes of this Tenant Work Letter, “Tenant’s Percentage” shall be equal one (1) minus the fraction determined by dividing the amount of the Allowance by the estimated budget for the Tenant Improvements. Landlord may from time to time re-determine the Over-Allowance Amount based on any changes, change orders or modifications to the Approved approved Working Drawings (which Landlord approves pursuant to Section 2) which increase the cost to construct the Tenant Improvements and upon that re-determination modify Tenant’s Percentage and adjust the amount of any Funding Request (or make additional Funding Requests) such that Tenant shall pay the entire Over-Allowance Amount and Tenant’s funding of the Over-Allowance Amount at all times is equal to Tenant’s Percentage of the estimated budget for the Tenant Improvements that has been expended through that date and that will be paid to third parties for the cost of the Tenant Improvement that have been incurred or will be incurred within thirty (30) days after the date of the most recent Funding Request. Section SECTION 4

Tenant’s Percentage. Notwithstanding Throughout the provision of Section 3.1, so long as the Tenant is the initially-named Tenant under this entire Lease or a Permitted Transferee thereofTerm, Tenant may pay the Over-Allowance Amount in accordance with the following schedule: (a) an amount equal to 35% of the Over-Allowance Amount (the “Initial Construction Deposit”) shall by delivered to Landlord by the date that is the later of (i) Landlord’s execution of construction contract with the Contractorpay, or (ii) the date that is thirty (30) days after the receipt from Landlord of an invoice therefor together with reasonable supporting documentation; and (b) the remaining 65% of the Over-Allowance Amount shall be delivered to Landlord from time-to-time within ten (10) business days after written request of Landlord (eachas Additional Rent, a “Funding Request”) in amounts specified by Landlord in each such Funding Request. Landlord may give multiple Funding Requests. Landlord agrees that the amounts specified in each Funding Request shall be Landlord’s good faith estimate of Tenant’s Percentage (as defined below) of the amounts necessary to make payment to third parties for the cost of the Tenant Improvement that have been incurred or will be incurred within thirty (30) days after the date of the Funding Request. Any failure of Tenant to deliver to Landlord any portion of the Over-Allowance Amount in cash as and when due as provided above that it is not cured within three (3) business days after written notice from Landlord shall constitute an Event of Default under the Lease. The Initial Construction Deposit shall be applied to Tenant’s Percentage of the cost increase in Operating Expenses and Taxes for the Project, if any, over the Operating Expenses and Taxes for the applicable Base Year as defined in Sections 1.18 and 1.19 of the Basic Lease Information. The Base Year Operating Expenses and Taxes shall be increased (i.e. “grossed up”) to the amount that Landlord would have incurred had the Building been at least ninety percent (90%) occupied during the entirety of the Base Year. Tenant’s Percentage of the increase in Operating Expenses and Taxes for the Project for each Operating Year shall be calculated as follows: the Operating Expenses and Taxes for each Operating Year less the Operating Expenses and Taxes for the Base Year shall be multiplied by Tenant’s Percentage. If in any Operating Year Tenant Improvements first coming dueoccupies the Premises for less than the full Operating Year, then the product from the foregoing multiplication shall be multiplied by the percentage of the Operating Year in which Tenant occupied the Premises. For purposes of this Tenant Work Letter, “Tenant’s Percentage” shall be equal one (1) minus mean a percentage, the fraction determined by dividing numerator of which is the amount number of rentable square feet of the Allowance by Premises and the estimated budget for denominator of which is the Tenant Improvementstotal number of rentable square feet of the Building, whether or not such space is actually rented. Landlord Tenant’s Percentage (as specified in the Basic Lease Information, and adjusted as provided herein) may be changed from time to time re-to reflect any change in the total rentable square footage in the Building. All calculations of rentable area shall be on the basis as originally used to determine the Over-Allowance Amount based on rentable area shown in the Basic Lease Information. During the periods when the Building is not fully occupied, Landlord shall reasonably adjust Operating Expenses to reflect the costs that would normally have been incurred had the Building been fully occupied for the entire period and the Building had been fully assessed for property tax purposes. The Building shall be considered fully occupied when occupancy reached ninety percent (90%). If during any Operating Year the tenant of any space in the Building performs work or services thereon pursuant to a written agreement between Landlord and such tenant in lieu of having Landlord perform the same and the cost thereof would have been included in Landlord’s Operating Expenses, then in any such event(s), at Landlord’s option, the Operating Expenses for such Operating Year shall be adjusted to reflect the Operating Expenses that would have been incurred if Landlord had performed such work or services, as the case may be. In the event Operating Expenses are decreased as a result of extraordinary charges then the Base Year Operating Expenses shall be correspondingly reduced. An extraordinary change shall mean changes unrelated to the normal inflation and deflation of the costs of goods and services making up the Operating Expenses, such as a change in the rentable area contained in the Building resulting from condemnation, casualty, demolition, alteration or construction of the additional improvements. Any decrease in Taxes shall be considered an extraordinary change if due to any statewide property tax limitation or reduction legislation. If the total rentable area of the Building changes, change orders or modifications to the Approved Working Drawings (which Landlord approves pursuant to Section 2) which increase the cost to construct the Tenant Improvements and upon that re-determination modify shall reasonably determine a revised Tenant’s Percentage and adjust reflecting the amount change as of any Funding Request (or make additional Funding Requests) such that Tenant shall pay the entire Over-Allowance Amount and Tenant’s funding of the Over-Allowance Amount at all times is equal to Tenant’s Percentage of the estimated budget for the Tenant Improvements that has been expended through that date and that will be paid to third parties for the cost of the Tenant Improvement that have been incurred or will be incurred within thirty (30) days after the date of the most recent Funding Request. Section 4such change.