Common use of Term Commencement Clause in Contracts

Term Commencement. Tenant and Landlord acknowledge and agree that the Premises shall be delivered by Landlord in two phases: the first and third floor of the Premises and associated basement areas (the “Office Portion”) shall be delivered first, and the second floor of the Premises and associated basement areas shall be delivered second (the “Lab Portion”; either the Office Portion or the Lab Portion being referred to herein as a “Portion”). (a) The term of this Lease for each Portion of the Premises shall commence on the earlier of (i) the Delivery Date (as defined below), or (ii) the date Tenant enters into possession of all or any substantial portion of such Portion for the conduct of its business (for the purposes of this Section 1.03, “conduct of its business” shall not include installation of furniture, fixtures, equipment, or the like). The date of commencement for each Portion as so determined is hereinafter referred to as the “Commencement Date.” The term shall expire at 11:59 p.m. on the date (the “Expiration Date”) that is the last day of the calendar month in which the 10th anniversary of the initial Rent Commencement Date (as defined in Section 2.01) occurs, unless extended or sooner terminated as hereinafter provided and shall include the period between the Commencement Date and the initial Rent Commencement Date. Landlord will provide Tenant with at least fourteen (14) days prior notice of each Delivery Date. If the Delivery Date designated in such notice does not occur on the initially designated date, Landlord shall keep Tenant informed of the anticipated Delivery Date and shall be required to give Tenant at least two (2) business days prior notice of the applicable Delivery Date as so extended.

Term Commencement. Tenant and Landlord acknowledge and agree that the Premises shall be delivered by Landlord in two phases: the first and third floor of the Premises and associated basement areas (the “Office Portion”) shall be delivered first, and the second floor of the Premises and associated basement areas shall be delivered second (the “Lab Portion”; either the Office Portion or the Lab Portion being referred to herein as a “Portion”). (a) The term of this Lease for each Portion of the Premises Term shall commence on the earlier of (i) the Delivery Date (as defined below)date a certificate of occupancy has been issued for the 4th Floor Premises and Lessee takes possession of all or a portion thereof, or (ii) the date Tenant enters into possession of all or any substantial portion of such Portion for the conduct of its business (for the purposes of this Section 1.03, “conduct of its business” shall not include installation of furniture, fixtures, equipment, or the like). The date of commencement for each Portion as so determined is hereinafter referred to as the “Commencement Date.” The term shall expire at 11:59 p.m. 12:01 a.m. on the date (the “Expiration Date”) that is the last day of the calendar month in which the 10th anniversary of the initial Rent Commencement Date (as defined in may be extended pursuant to Section 2.01) occurs2.3 below), unless extended or sooner terminated as hereinafter provided and shall include end at 12:01 a.m. on the period between day following the Termination Date set forth in the Basic Lease Information (as may be extended pursuant to Section 2.3 below). Lessee will not occupy the Premises prior to the commencement of the Lease Term without Lessor’s prior written consent, which consent Lessor may grant, withhold or condition in its sole and absolute discretion. Notwithstanding the previous sentence, upon the date that is ten (30) calendar days prior to the anticipated Commencement Date (as determined by Lessor), until the Commencement Date Date, Lessee shall have the right, prior to and without triggering the initial Rent Commencement Date. Landlord will , to enter upon the Premises for purposes of installing any furniture, equipment and trade fixtures that are approved by Lessor (such approval not to be unreasonably withheld or delayed); provided in any such event that: (a) Lessor shall have no liability to Lessee or its agents, employees or contractors for damage to any property stored in the Premises by Lessee; (b) Lessee shall not unreasonably interfere with Lessor’s construction of any tenant improvement work in the Premises; (c) Lessee shall provide Tenant with at least fourteen Lessor, prior to such entry, certificates of insurance as required by this Lease naming Lessor as an additional insured; and (14d) days prior notice without limiting any Lessee indemnification obligations set forth elsewhere in this Lease, Lessee shall indemnify, defend and hold harmless Lessor from the negligence or willful misconduct of each Delivery DateLessee during any and all claims, losses, damages, actions and causes of action arising from any such entry onto the Premises by Lessee or its agents, employees or contractors. If Lessee enters onto the Delivery Date designated in such notice does not occur on Premises prior to the initially designated dateCommencement Date, Landlord Lessee also shall keep Tenant informed comply with and observe all terms and conditions of the anticipated Delivery Date and shall be required this Lease (other than Lessee’s obligation to give Tenant at least two (2) business days prior notice of the applicable Delivery Date as so extendedpay any rental under this Lease).

Term Commencement. Tenant and Landlord acknowledge and agree that Subject to the Premises shall be delivered by Landlord in two phases: following, the first and third floor of the Premises and associated basement areas (the “Office Portion”) shall be delivered first, and the second floor of the Premises and associated basement areas shall be delivered second (the “Lab Portion”; either the Office Portion or the Lab Portion being referred to herein as a “Portion”). (a) The term of this Lease for each Portion of the Premises Term shall commence on the earlier of (i) the Delivery Date (as defined date a certificate of occupancy has been issued for the Premises and Lessor delivers to Lessee and Lessee takes from Lessor possession of all or a portion thereof in accordance with Section 2.3 below), or (ii) 12:01 a.m. on the date Tenant enters into possession of all or any substantial portion of such Portion for the conduct of its business Projected Commencement Date (for the purposes of this as may be extended pursuant to Section 1.03, “conduct of its business” shall not include installation of furniture, fixtures, equipment, or the like). The date of commencement for each Portion as so determined is hereinafter referred to as 2.3 below) (the “Commencement Date”); provided, however, if the Commencement Date does not occur on the first day of a calendar month, the Lease Term shall begin on the first day of the next succeeding calendar month; provided, however, Lessee’s obligation to pay Rent (as defined in Section 3.3) and other charges hereunder shall commence in accordance with Section 3.1 and 4.” The term 1. This Lease shall expire terminate at 11:59 p.m. on the date (the “Expiration Date”) that is the last day of the calendar month that the Projected Termination Date set forth in which the 10th anniversary Basic Lease Information occurs (as may be extended pursuant to Section 2.3 below) (the “Termination Date”). Lessee will not occupy the Premises prior to the commencement of the initial Rent Lease Term without Lessor’s prior written consent, which consent Lessor may grant, withhold or condition in its sole and absolute discretion. Notwithstanding the previous sentence, upon the date that is ten (10) business days prior to the anticipated Commencement Date (as defined determined by Lessor), until the Commencement Date, Lessee shall have the right, prior to and without triggering the Commencement Date, to enter upon the Premises for purposes of installing any furniture, equipment and trade fixtures that are approved by Lessor (such approval not to be unreasonably withheld or delayed); provided in Section 2.01any such event that: (a) occurs, unless extended or sooner terminated as hereinafter provided Lessor shall incur no expense in connection with such early entry by Lessee and shall include have no liability to Lessee or its agents, employees or contractors for damage to any property stored in the period between Premises by Lessee; (b) Lessee shall not unreasonably interfere with Lessor’s construction of any Lessor’s Work in the Premises; (c) Lessee shall provide Lessor, prior to such entry, certificates of insurance as required by this Lease naming Lessor as an additional insured; and (d) without limiting any of Lessee’s indemnification obligations set forth elsewhere in this Lease, Lessee shall indemnify, defend and hold harmless Lessor from any and all claims, losses, damages, actions and causes of action arising from any such entry onto the Premises by Lessee or its agents, employees or contractors. If Lessee enters onto the Premises prior to the Commencement Date Date, Lessee also shall comply with and the initial Rent Commencement Date. Landlord will provide Tenant with at least fourteen observe all terms and conditions of this Lease (14) days prior notice of each Delivery Date. If the Delivery Date designated in such notice does not occur on the initially designated date, Landlord shall keep Tenant informed of the anticipated Delivery Date and shall be required other than Lessee’s obligation to give Tenant at least two (2) business days prior notice of the applicable Delivery Date as so extendedpay any rental under this Lease).

Term Commencement. Tenant and Landlord acknowledge and agree that the The Premises shall be delivered by Landlord in two phases: the first and third floor of the Premises and associated basement areas are leased for a term (the “Office PortionTerm”) shall be delivered first, and the second floor of the Premises and associated basement areas shall be delivered second (the “Lab Portion”; either the Office Portion or the Lab Portion being referred to herein as a “Portion”). (a) The term of this Lease for each Portion of the Premises shall commence commencing on the earlier later of (i) the Delivery Commencement Date (as defined below)set forth in the Basic Lease Information, or (ii) the date Tenant enters into possession of all or any substantial portion of such Portion for the conduct of its business (for the purposes of this Section 1.03, “conduct of its business” shall not include installation of furniture, fixtures, equipment, or the like). The date of commencement for each Portion as so determined is hereinafter referred to as the “Commencement Date.” The term shall expire at 11:59 p.m. on the date (the “Expiration Date”) that is the last day of the calendar month in which the 10th anniversary of the initial Rent Commencement Date Landlord’s Work (as defined in Section 2.01) occurs6.1), unless extended or sooner terminated is substantially completed as hereinafter provided and described in Section 6.1 (such date when determined shall include the period between become the Commencement Date and replace the initial Rent Commencement DateDate in the Basic Lease Information). Notwithstanding the foregoing, in the event that the Tenant takes occupancy of the Premises prior to the Commencement Date and commences to conduct Tenant’s business from the Premises, the Commencement Date shall be the date on which Tenant takes occupancy of the Premises and commences to conduct Tenant’s business from the Premises. Landlord will provide shall give Tenant with at least fourteen not less than four (144) days weeks notice prior notice of each Delivery Date. If to the Delivery Commencement Date designated in such notice does not occur on the initially designated date, Landlord shall keep Tenant informed of the anticipated Delivery projected Commencement Date and shall be required to give Tenant at least during a two (2) business week period prior to the Commencement Date provide Tenant with access to the Premises for the purpose of installing Tenant’s fixtures. Tenant shall not be obligated to pay any rent during such two (2) week period but shall be subject to all other provisions of this Lease. The Term of this Lease shall expire on the date that is the day prior to the ten (10) year anniversary of the Commencement Date which shall be deemed the Expiration Date for all purposes of this Lease. In the event that for any reason the Premises are not available for Tenant to commence the installation of its fixtures by March 18, 1997, then for each day that Tenant is delayed in having access to the Premises for the purpose of installing its fixtures Tenant shall be provided with the following free rent: 3/18/97- 3/31/97 1/2 day for each 1 day of delay 4/1/97-4/14/97 1 day for each 1 day delay 4/15/97-5/31 /97 2 days for each 1 day of delay 6/1/97-Commencement Date 3 days for each 1 day of delay In addition to the foregoing, Landlord acknowledges that the Premises will be occupied by personnel of Tenant that are presently located at 1000 Xxxxx Xxxxxxxxxx Xxxxxxxxx in Walnut Creek, California (the “Walnut Creek Lease”). Tenant must give ninety (90) days notice for the termination of the Walnut Creek Lease and must vacate the space covered by the Walnut Creek Lease in any event by July 31, 1997. In the event that Tenant is unable to occupy the Premises by April 1, 1997 and as a result thereof Tenant incurs additional costs under the Walnut Creek Lease (in excess of the base rent and expense reimbursement charges normally due under the Walnut Creek Lease) as a result of the inability to give the full ninety (90) days notice required under the Walnut Creek Lease prior to the Commencement Date or for any other reason, Landlord shall promptly reimburse Tenant for all such costs and expenses, in addition to the free rent provided for above. In the event that Landlord determines that Landlord will not be able to complete Landlord’s Work prior to April 1, 1997, and, thus, the Commencement Date will not occur on or before April 1, 1997, Landlord may at any time prior to December 28, 1996, give written notice to Tenant to extend the Commencement Date by up to one (1) month (“Commencement Date Extension Period”) in which case the dates set forth above after which free rent shall begin to accrue or the date after which Landlord will be liable for the additional costs under the Walnut Creek Lease shall each be extended for a period of time equal. Landlord and Tenant each acknowledge that Tenant will be severely damaged in the event that Tenant is delayed in occupying the Premises but that the amount of such damage is difficult or impossible to determine and that the free rent specified above and the agreement to reimburse Tenant for costs incurred under the Walnut Creek Lease, as provided above, is a reasonable estimate of the value of such damage and Tenant shall have no remedy against Landlord for such delay other than as set forth in this Lease. Tenant shall have the right to terminate the Lease upon ten (10) days written notice (the “Termination Notice”) to Landlord in the event that any of the following events in the completion of Landlord’s Work are not completed by the date specified: (a) September 1, 1996 — receipt of all necessary governmental approvals, including a complete or a phased building permit, necessary to commence construction of the Building; (b) October 1, 1996 — commencement of construction of the Building; (c) July 15, 1997 — construction sufficiently complete so as to allow Tenant to commence installation of Tenant’s fixtures; and (d) August 1, 1997 — Commencement Date. Notwithstanding the preceding sentence any Termination Notice shall be null and void and the Lease shall remain in full force and effect if Landlord achieves the event on which the Termination Notice is based within ten (10) days of the date of such Termination. If this Lease is terminated prior to the Commencement Date any prepaid rent shall be returned to Tenant. Notwithstanding anything to the contrary contained in this Section 2, each of the dates or true periods shall be extended on a day for day basis for delay in Landlord’s Work caused by any of the following: (a) strikes, floods, war, civil disturbance, natural disasters or any other event beyond the reasonable control of Landlord (collectively such events are referred to herein as “Force Majeure Events”), provided that Landlord shall notify Tenant within one (1) week of the commencement or occurrence of any Force Majeure Event and the aggregate delay for all Force Majeure Events shall not exceed ninety (90) days; or (b) the failure by the Tenant to timely respond to any request for approval required of Tenant hereunder, any change order by Tenant that increases the time required to complete Landlord’s Work, or any special materials or equipment required by Tenant that may have particularly long lead times (all of the foregoing being referred to herein as “Tenant Delay”). Notwithstanding the foregoing, a Tenant Delay shall not occur unless, (a) Landlord has given Tenant notice of a possible Tenant Delay and a reasonable period of time (which shall not be less than three (3) days) to cure such potential Tenant Delay, and (b) the applicable Delivery Date as so extendedTenant Delay has actually caused a delay in construction or completion of Landlord’s Work. Following the Commencement Date, Landlord will deliver to Tenant a notice identifying the Commencement Date, the Expiration Date, the rentable square footage of the Premises and the monthly Rent. A copy of such notice shall be executed by Tenant and returned to Landlord, provided that Tenant concurs therewith.

Term Commencement. Tenant and Landlord acknowledge and agree that the Premises shall be delivered by Landlord in two phases: the first and third floor of the Premises and associated basement areas (the “Office Portion”) shall be delivered first, and the second floor of the Premises and associated basement areas shall be delivered second (the “Lab Portion”; either the Office Portion or the Lab Portion being referred to herein as a “Portion”). (a) The term of this Lease for each Portion of (the Premises “Term”) shall commence on the earlier of date (ithe “Commencement Date”) that Landlord delivers the Demised Premises to Tenant with Landlord’s Work substantially completed and in the Delivery Date Condition (as defined below), or (ii) the date Tenant enters into possession of all or any substantial portion of such Portion for the conduct of its business (for the purposes of this Section 1.03, “conduct of its business” shall not include installation of furniture, fixtures, equipment, or the like). The date of commencement for each Portion as so determined is hereinafter referred to as the “Commencement Date.” The term and shall expire at 11:59 p.m. on the date (the “Expiration Date”) that is the last day of the thirty-sixth (36th) full calendar month in which following the 10th anniversary of the initial Rent Commencement Date (as defined in Section 2.01) occursDate, unless extended or sooner earlier terminated as hereinafter provided and shall include pursuant to the period between terms hereof. The Commencement Date is anticipated to occur on September 1, 2021 (the “Anticipated Commencement Date”). If (i) the Commencement Date has not occurred by January 1, 2022, which date is subject to delays caused by Force Majeure or the action or inaction of Tenant, Tenant shall have the right to terminate this Lease upon thirty (30) days’ written notice to Landlord. For the purposes hereof, “Delivery Condition” shall mean that the Landlord’s Work has been substantially completed and the initial Rent Premises are vacant, broom clean, free of debris, weathertight with all doors and windows intact, with all existing plumbing, electrical and mechanical equipment and fixtures in good working order and condition, and free of Hazardous Materials in violation of applicable laws, and in compliance with applicable codes and regulations. The determination of substantial completion by Landlord’s architect or contractor shall be deemed conclusive between the parties. When the Commencement Date has been determined in accordance with the preceding sentence, at Landlord’s request, Tenant shall execute a document setting forth said date and said document shall be deemed a supplement to and part of this Lease. Tenant may access the Demised Premises prior to the Commencement Date in accordance with and subject to the terms and conditions of Section 1.04 below. Landlord represents and warrants that the mechanical, electrical, and plumbing systems serving the Demised Premises will be in good working order as of the Commencement Date. Landlord will provide Tenant with at least fourteen (14) days prior notice The terms and provisions of each Delivery Date. If the Delivery Date designated in such notice does not occur on the initially designated date, Landlord this Lease shall keep Tenant informed be effective as of the anticipated Delivery Date and shall be required to give Tenant at least two (2) business days prior notice date of the applicable Delivery Date as so extendedthis Lease.