Common use of Utilities and Services Clause in Contracts

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay be responsible, at its sole cost and expense, for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems)charges for water, gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any feestaxes thereon. If any utilities or services are not separately metered or assessed to Tenant, surcharges and taxes thereon as Landlord shall make a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part determination of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use proportionate share of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event cost of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an such amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoingLandlord, as part an item of Operating Expenses additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for pay Tenant’s laboratory glassware proportionate share of such costs in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that manner set forth in Section 4.2. Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed breached if Landlord is unable an eviction or entitle Tenant to furnish terminate this Lease or perform the same by virtue of Force Majeurewithhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises is rendered untenantable due cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the failure extent that less than all of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant Premises are affected) shall not thereafter be responsible for payment of Base Rent for any period after abated until the first (1st) five (5) business days of such untenantability until such systems return to functionalityPremises are again usable by Tenant; provided, however, that tenant if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall promptly provide not be an abatement of Basic Rent. Provided Landlord with written notice shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the failure actions of any such Building systems. 17.9 For parties other than Landlord, its employees, contractors or authorized agents, or in the Premisescase of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use which shall only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from be provided upon Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a dayrequest), 365 or 366 days a yearincluding, and in compliance with the requirements set forth in Article 23 of this Leasewithout limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. 17.1 As part Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Operating ExpensesSubleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, Landlord shall provide those except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and services set forth on Exhibit B to this Lease. Tenant Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and servicesresources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and all other water (including such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost to service, repair and replace of any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable excess use of utilities and resources based on the Building’s workout room (subject to each employee’s rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord administering same. Sublandlord shall not be in default under this Sublease or liable forfor any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any eviction failure to provide or any reduction in any of Tenant result fromthe above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the failure installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to furnish any utility energy shortages or serviceother causes, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as any of the date above result from acts or omissions of this LeaseSublandlord. Furthermore, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant Sublandlord shall not be entitled to termination cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Lease Section shall not constitute a constructive or any abatement or reduction other eviction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant Subtenant. Subtenant shall pay for, prior to delinquency of payment therefor, any utilities for all telephone and all other materials and services that not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Sublease Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, Premises together with any fees, surcharges and taxes thereon as thereon. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating Expenses or, in the alternative, Landlord may, at its option, monitor the Project usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and be paid by Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basisas Additional Rent. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accident, breakage, repair, Force Majeure; provided, however, that Majeure or Tenant’s negligence or gross negligence. Tenant shall provide written notice to Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event any interruption of a power interruptionutility or service, and Landlord shall use commercially reasonable efforts to correct any such interruption within five (5) business days after receipt of such notice. In the event that such failure continues for such five (5) business day period after Landlord’s receipt of such failurewritten notice from Tenant, as long as Tenant shall be entitled to a full abatement of Rent during the period beginning at the end of such failure is not attributable five (5) business day period for the duration of any such interruption to the extent that the same materially interferes with Tenant’s use of the Premises and to the extent that the same is due to Landlord’s gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Leasemisconduct. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed), use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 2.9 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services, unless Tenant installs additional equipment or installations with respect to such device that prevent any adverse effect on the Building. 17.5 Tenant shall have the right to use the Building loading dock and freight elevator in common with other tenants in the Building in a manner and with frequency proportionate to Tenant’s Pro Rata Share. 17.6 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may reasonably condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 17.7 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or serviceservice if the same is practical; otherwise the same shall be paid to Landlord. 17.7 17.8 Landlord shall provide water in Common Areas for lavatory and water fountain purposes only. Tenant shall be entitled to use water in its Premises consistent with a laboratory user, and Landlord shall install a water meter to measure Tenant’s water consumption for such purposes. Throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, 17.9 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconductsupply, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel; provided that Landlord shall use reasonable efforts to provide at least one (1) business day advance written notice to Tenant (except in the event of an emergency) of any stop in service, repair, alteration or improvement that Landlord in good faith anticipates will materially and adversely impact Tenant, and Landlord further agrees to use reasonable efforts to perform such work in a manner that keeps any disruption to Tenant to a reasonable level. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of 16.1. Commencing on the Operating ExpensesTerm Commencement Date, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (thereon. If any such utility is not separately metered to be equitably determined by Landlord) Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of Operating Expenses. any utilities, then Tenant shall pay Landlord for Tenant’s employees operating at Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project shall have is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the non-exclusive right to reasonable use occupancy of the Building’s workout room Building or Project (subject as applicable) to each employee’s and Tenant’s execution of equal Landlord’s standard form reasonable estimate of liability waiver and release)what such utility usage would have been had the Building or Project, and Tenant as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall have not recover more than one hundred percent (100%) of the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basiscost of such utilities. 17.2 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); providedSevere Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, however, that Landlord hereby represents lockouts or other labor disturbances or labor disputes (other than labor disturbances and warrants that as labor disputes resulting solely from the acts or omissions of the date party claiming Force Majeure); acts of this Leaseterrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the emergency generator and UPS system serving party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the Building are operable and have sufficient capacity reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to carry the extent permitted by Applicable Laws, Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building negligence (provided that, this sentence shall not limit Tenant’s recourse and remedy expressly set forth in the event of this Section below in connection with a power interruptionMaterial Services Failure (as defined below)). In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services . “Severe Weather Conditions” means weather conditions that may are materially worse than those that reasonably would be furnished anticipated for the Property at the applicable time based on historic meteorological records. Notwithstanding anything to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device contrary in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or if, for more than ten (10) consecutive business days following written notice to perform any act or thing for the benefit Landlord and as a direct result of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (includingand except to the extent that such failure arises from any other factor, without limitation, Landlord’s failure to timely pay utility billsincluding any action or inaction of a Tenant Party (as defined below)), Tenant shall not be responsible for payment the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Base Rent and Tenant’s Adjusted Share of Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Tenant’s Adjusted Share of Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionalityPermitted Use; provided, however, that tenant shall promptly provide that, if Landlord with written notice is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used Premises for the Permitted Use only (“HVAC”) e.g., supplying potable water or potable air conditioning equipment), then neither Base Rent nor Tenant’s Adjusted Share of Operating Expenses shall be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and (b) Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to clause Article 24 (a) abovewhich shall govern in the event of a casualty), furnish HVAC as reasonably required (except as the provisions of this Lease otherwise provides or as to any special requirements that arise from Section shall be Tenant’s particular use sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Leaseincluding related to Section 16.8.

Utilities and Services. 17.1 As part of the Operating Expenses(a) Provided that Tenant is not in default hereunder, Landlord shall provide those utilities and services set forth on Exhibit B furnish, or cause to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied be furnished to the Premises, together the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease. (b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the utilities and services described herein and in Exhibit C. Landlord shall not be liable to Tenant for the failure of any feesother tenant or its assignees subtenants, surcharges employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and taxes thereon requirements. (c) If Tenant’s usage of electricity, water or any other utility service exceeds the use of such utility Landlord determines to be typical, normal and customary for the Building, Landlord may determine the amount of such excess use by any reasonable means (including the installation at Landlord’s request but at Tenant’s expense of a separate meter or other measuring device) and charge Tenant for the cost of such excess usage. Examples of excess electrical usage include, but are not limited to, material consumption of electricity outside Building Hours, or consumption of extraordinary amounts of electricity at any time, such as for the operation of a server, for dedicated HVAC equipment for the Premises, or for other equipment requiring power in excess of standard 120 volt outlet power. In addition, Landlord may impose a reasonable proportion charge for the use of any additional or unusual janitorial services required by Tenant because of any unusual Alterations, the carelessness of Tenant or the nature of Tenant’s business (including hours of operation). In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be equitably conditioned upon Landlord’s consent, and a determination that the installation and use thereof (i) shall be permitted by applicable Law and insurance regulations, (ii) shall not cause permanent damage or injury to the Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall upon reasonable prior notice by Tenant, furnish to the Premises additional elevator heating, air conditioning and/or cleaning services upon such reasonable terms and conditions as shall be determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution , including payment of Landlord’s standard form charge therefor. In the case of liability waiver any additional utilities or services to be provided hereunder, Landlord may require a switch and release)metering system to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair thereof shall be paid by Tenant upon demand. Notwithstanding the foregoing, Landlord shall have the right to use contract with any utility provider it deems appropriate to provide utilities to the Common Area conference rooms and video conference facility on a “first come, first served” basisProject. 17.2 (d) Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or to, any damages, abatement or reduction of Rent, or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s sole negligence or willful misconduct), including, without limitation when caused by accident, breakage, water leakage, flooding repairs, Alterations or other improvements to the Project strikes lockouts or other labor disturbances or labor disputes of any character, governmental regulation moratorium or other governmental action inability to obtain electricity, water or fuel, or any other cause beyond Landlord’s control. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. No such failure, stoppage or interruption of any such utility or service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Buildings ventilating, air conditioning or other systems to maintain temperatures as may be relieved from required for the operation of any covenant computer, data processing or agreement other special equipment of Tenant. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law ordinance or governmental regulation permitting the termination of this Lease. 17.3 Tenant shall pay forLease due to an interrupt ion, prior failure or inability to delinquency provide any services. Notwithstanding anything in this Paragraph 7 to the contrary if an interruption or cessation of payment therefor, any utilities and services that may be furnished a utility service to the Premises during or, if Tenant occupies from a cause within the Premises after the expiration or earlier termination reasonable control of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device Landlord results in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied being unusable by Tenant for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason conduct of Tenant’s equipment or extended hours of business operationsbusiness, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Basic Annual Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it abated commencing on that date which is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) consecutive business days following the date Tenant delivers written notice to Landlord of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.interruption and

Utilities and Services. 17.1 As Landlord shall use all reasonable efforts to furnish (as part of the Operating Expenses) heating, Landlord ventilation, air conditioning, janitorial service, electricity for normal lighting and office machines, cold water for reasonable and normal drinking, and lavatory use, replacement light bulbs and/or fluorescent tubes and ballasts for standard overhead fixtures and elevator service, if applicable, and if currently being provided to the Premises ("Landlord's Services"). Said services and utilities shall provide those be provided on a 24-hour, 7-day a week basis, except for HVAC, janitorial and building maintenance services which shall be provided during building operating hours. Such utilities and services set forth on Exhibit B required at other times shall be subject to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to charge. Such charge for HVAC services shall be equitably as follows: $25 per hour for the first 500 hours of usage in each calendar year and $35 per hour of usage in excess of 500 hours in any calendar year and including a reasonable administrative charge for Landlord as determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating ExpensesLandlord from time to time. Tenant’s employees operating at the Project Landlord shall have the non-exclusive right not be liable for failure to reasonable use furnish any of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release)utilities described in this paragraph 16.9, and Tenant shall have the no right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction abatement of Tenant result from, the failure to furnish any utility rental hereunder or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or with respect to any abatement or reduction of Rentsuch interruption nor shall such failure constitute an eviction, nor shall Tenant Landlord be relieved from liable under any circumstances for loss of or injury to property, however occurring through or in connection with or incidental to the operation furnishing of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Termservices enumerated above. Tenant agrees to exercise due care and prudence in the use of Landlord's Services and will comply with all federal, after state, and local guidelines concerning the Term. 17.4 Tenant same. No heating, cooling, refrigeration or cooking equipment or office machines or equipment requiring electric current in excess of 110 volts shall not, without Landlord’s prior written consent, use any device be used in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof's consent, which consent shall not be unreasonably withheld or delayed, provided however that such consent may be conditioned upon Tenant paying for direct expense as reasonably estimated by Landlord may condition upon on account of the availability installation and use of such excess utilities or services, and Tenant equipment. Nothing herein shall pay as Additional Rent an amount equal be deemed to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the waive Tenant's right to have claim damages against Landlord for Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for 's failure to supply elevator facilitiescomply with Section 12.5 and the first sentence of this Section 16.9, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross nor in connection with the negligence or willful misconductacts of Landlord or its employees, agents or contractors, or Landlord’s inability by exercise the right of reasonable diligence Tenant to obtain gas, oil or another suitable fuel. Without limiting claim constructive eviction under Florida law in the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure case of any Building systems during the Term due to interruption which is not beyond Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), 's reasonable control and where Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For vacates the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part (a) Lessee shall contract for and pay for directly all telephone, telecommunications and janitorial service and shall pay Lessor Lessor’s reasonable estimate of the Operating Expensescost of all electricity, Landlord shall provide those utilities gas, water, heat and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and servicesair conditioning service, sewer charges, and all other water utilities or services supplied to or consumed by Lessee, its agents, employees, contractors, and invitees on or about the Premises. Lessee acknowledges that (including i) the Premises are not currently separately metered, and Lessor shall reasonably and equitably estimate the cost of the utilities provided to servicethe Premises (provided, repair and replace any reverse osmosishowever, de-ionized and other treated water systemsLessor anticipates providing a disproportionate (based on square footage) amount of the utilities to Lessee, agreed at 38.5%, based on Lessee’s anticipated use of the Premises), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other which shall be fixed throughout the Term based on Lessee’s use of common utilities supplied as compared to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges use of such utility jointly metered with utilities by other premises as part tenants of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project Building, (ii) Lessor shall have the non-exclusive right right, at its sole cost (unless Lessor reasonably determines that Lessee has been using more than 38.5% of utilities, in which case such metering shall be at Lessee’s cost) to reasonable use separately meter the Premises and (iii) Lessor may include the cost of such utilities in Operating Expenses or may separately invoice the cost of such utilities to Lessee, in which case Lessee shall pay such amounts within thirty (30) days of Lessor’s delivery of an invoice. Such payments shall constitute Additional Rent, and Lessee’s failure to make such payments on a timely basis will result in a late charge as provided in Paragraph 6(b) and constitute a default as described in Paragraph 22. Lessor shall reasonably determine Lessee’s actual usage of common utilities as 38.5% of the Buildingactual cost of utilities, not less frequently than annually and shall deliver prompt written notice to Lessee of such determination, the amount of any underpayment or overpayment made by Lessee as to such utility usage and any adjustment to the amount of such utilities to be paid by Lessee thereafter to more accurately reflect Lessee’s workout room usage thereof. Lessor shall credit any overpayment to the amount of Monthly Base Rent next coming due (subject or, if this Lease has expired, refund such amount to each employeeLessee within thirty (30) days thereafter (after first deducting any amounts owing by Lessee under this Lease)) or Lessee shall, within thirty (30) days of Lessor’s and Tenant’s execution delivery of Landlord’s standard form such determination, pay the amount of liability waiver and release), and Tenant shall have the right such underpayment to use the Common Area conference rooms and video conference facility on a “first come, first served” basisLessor. 17.2 Landlord (b) Lessor will use reasonable efforts to cause the main HVAC system serving the Premises to provide the airflow/pressurization and temperature regulations described in Exhibit “F”. Lessor hall not be liable to Lessee for any interruption or failure of any utility services to the Building or the Premises which is not caused by the negligence or willful misconduct of Lessor, or Lessor’s employees, agents, or contractors. Lessee shall not be liable forrelieved from the performance of any covenant or agreement in this Lease because of any such failure. Lessor shall make all repairs to the Premises required to restore such services to the Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 5 as a current Operating Expense, nor shall any eviction of Tenant result fromor as a capital improvement which is amortized over its useful life (together with interest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 5(b); provided, the failure to furnish any utility or servicehowever, whether or not if such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (includingof Lessor or Lessor’s employees, without limitationagents, Landlordor contractors, or by Lessor’s failure to timely pay utility bills)breach in the performance of Lessor’s express obligations hereunder, Tenant then Lessor shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of bear such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemscosts. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part Provided that no Event of Default has occurred and is continuing, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with the standards set forth in the Rules and Regulations, as may be amended in writing by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Operating ExpensesPremises, Landlord shall provide those Janitorial service, and to the extent provided in the Building only, elevator service by non-attended automatic elevators. The cost of all such utilities and services shall be included within the definition of Project Costs, and shall be paid by Tenant in the manner set forth on Exhibit B to this Leasein Section 7.1. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, Unavoidable Delay or for any other causes. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as Additional Rent, nor the cost, as reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay all charges of the metered service. Tenant be relieved from the operation shall cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord. If there is any failure, stoppage or interruption of any covenant or agreement of this Lease. 17.3 Tenant services provided hereunder, Landlord shall pay for, prior use reasonable diligence to delinquency of payment therefor, any utilities and resume services that may be furnished promptly. Landlord shall at all times have free access to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity all mechanical installations of the Building as proportionately allocated and Premises, including but not limited to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning equipment and electric systemsvents, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heatingfans, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) machine rooms and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Leaseelectrical closets.

Utilities and Services. 17.1 As part of Landlord, at its expense, shall cause the Operating ExpensesLeased Premises to be individually metered for gas and electricity service, and shall install the meters and meter vaults and provide the service connections specified in the Plans and Specifications and as otherwise customarily provided. Landlord shall provide those pay for all impact fees, tap fees, hook-up fees, sewer capacity fees, meters, meter vaults and any and all other associated fees whatsoever in connection with the provision of utilities and services set forth on Exhibit B to this Lease. the Leased Premises, except Tenant shall pay for such utilities any service connection fees. Tenant shall obtain in its own name and servicespay directly to the appropriate supplier the cost of all utility services used solely on the Leased Premises, and all other water (including the cost to serviceremoval and disposal of trash from the Leased Premises. However, repair and replace if any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other services or utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility are jointly metered with other premises as part property, Landlord shall make a reasonable determination of Tenant’s Pro Rata Share proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such share to Landlord as a part of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release)Except as provided below, and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall in damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or service, whether or not other Building service and no such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of or interruption shall entitle Tenant to terminate this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruptionLease or withhold sums due hereunder. In the event of such failureutility “deregulation”, as long as such failure is not attributable Landlord shall choose the service provider. All utility services to the gross negligence Leased Premises shall be provided by utility providers unaffiliated with Landlord, and shall not be subject to surcharge, xxxx up or intentional misconduct other cost increase by Landlord. If Landlord fails to provide utility service specifically required to be provided by Landlord under this Lease, and such interruption of Landlord service renders the Leased Premises or any portion of the Leased Premises untenantable for more than three (3) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, then rent shall xxxxx with respect to the area which is affected for each such consecutive day after the third business day during which the interruption continues. The rent abatement shall equal the then current Monthly Rental Installment due for the period of the interruption with respect to the square footage affected. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its agents or employeesnormal business operations as a result of said interruption of service to the Leased Premises. It is agreed and understood that Tenant shall not use nor be entitled to termination of this Lease use the Leased Premises or portion thereof affected to conduct its normal business operations during any day for which Landlord is obligated to xxxxx rent hereunder. The abatement or reduction of Rent, nor herein provided shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied sole and exclusive remedy for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share interruption of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and servicesservice. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the BuildingIn all events, Landlord reserves agrees to use its reasonable efforts to restore any utility service that is interrupted (other than by the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit actions of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1stits agents and contractors) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsas soon as possible. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of (a) Lessor shall contract for and pay for, and Lessee shall reimburse Lessor therefor pursuant to Paragraph 5(e) as an Operating Expense, all electricity, gas, water, heat and air conditioning service, janitorial service except to the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay extent Lessee has separately contracted for such utilities and servicesinternal janitorial service, refuse pick-up except to the extent Lessee has separately contracted for such refuse pick-up, sewer charges, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities or services supplied to or consumed by Lessee, its agents, employees, contractors, and invitees on or about the Building #16 Premises and the Building #13 Premises, together with any feesexcluding telephone service to the buildings for which Lessee shall contract and pay directly. Furthermore, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project Lessee shall have the non-exclusive right option to reasonable contract directly for janitorial services to the Building #16 Premises and the Building #13 Premises pursuant to Paragraph 15(b). (b) Lessor shall not be liable to Lessee for any interruption or failure of any utility services to Xxxxxxxx #00, Xxxxxxxx #00, or to the Building #13 Premises which is not caused by the negligence or willful acts of Lessor, or Lessor’s employees, agents, or contractors. Lessee shall not be relieved from the performance of any covenant or agreement in this Lease because of any such failure. Unless such failure is caused by the negligence or willful acts or omissions of Lessor or Lessor’s employees, agents, or contractors, or by Lessor’s breach in the performance of Lessor’s express obligations hereunder, Lessor shall make all repairs required to restore such services to Xxxxxxxx #00, Xxxxxxxx #00, or to the Building #13 Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 5(e) as a current Operating Expense, or as a capital improvement which is amortized over its useful life (together with interest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 5(b). If the Building #16 Premises or the Building #13 Premises should become not reasonably suitable for Lessee’s use as a consequence of cessation of utilities or other services, interference with access to the Building #16 Premises or the Building #13 Premises, legal restrictions or the presence of any Hazardous Material which does not result from Lessee’s release or emission of such Hazardous Material, and in any of the foregoing cases the interference with Lessee’s use of the BuildingBuilding #16 Premises or the Building #13 Premises persists for thirty (30) days, then Lessee shall be entitled to an equitable abatement of rent to the extent of the interference with Lessee’s workout room use of the Building #16 Premises or the Building #13 Premises, as the case may be, is caused thereby. If the interference persists and the Building #16 Premises or the Building #13 Premises are not reasonably suitable for Lessee’s use for more than ninety (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release)90) consecutive days, and Tenant Lessee shall have the right to use terminate this Lease with respect to the Common Area conference rooms and video conference facility on a “first comeBuilding #16 Premises or the Building #13 Premises, first served” basis. 17.2 Landlord shall not be liable forwhichever or both is affected thereby, nor shall any eviction of Tenant result from, the failure to furnish any utility excluding damage or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as destruction of the date of this Lease, the emergency generator and UPS system serving buildings or the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of #16 Premises or the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the #13 Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid governed by Tenant directly to the supplier of such utility or serviceParagraph 21. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of 16.1. Commencing on the Operating ExpensesTerm Commencement Date, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (thereon. If any such utility is not separately metered to be equitably determined by Landlord) Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such bxxxxxxx as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of Operating Expenses. any utilities, then Tenant shall pay Landlord for Tenant’s employees operating at Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project shall have is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the non-exclusive right to reasonable use occupancy of the Building’s workout room Building or Project (subject as applicable) to each employee’s and Tenant’s execution of equal Landlord’s standard form reasonable estimate of liability waiver and release)what such utility usage would have been had the Building or Project, and Tenant as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall have not recover more than one hundred percent (100%) of the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basiscost of such utilities. 17.2 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); providedSevere Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, however, that Landlord hereby represents lockouts or other labor disturbances or labor disputes (other than labor disturbances and warrants that as labor disputes resulting solely from the acts or omissions of the date party claiming Force Majeure); acts of this Leaseterrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the emergency generator and UPS system serving party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the Building are operable and have sufficient capacity reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to carry the extent permitted by Applicable Laws, Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building negligence (provided that, this sentence shall not limit Tenant’s recourse and remedy expressly set forth in the event of this Section below in connection with a power interruptionMaterial Services Failure (as defined below)). In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services . “Severe Weather Conditions” means weather conditions that may are materially worse than those that reasonably would be furnished anticipated for the Property at the applicable time based on historic meteorological records. Notwithstanding anything to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device contrary in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or if, for more than ten (10) consecutive business days following written notice to perform any act or thing for the benefit Landlord and as a direct result of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (includingand except to the extent that such failure arises from any other factor, without limitation, Landlord’s failure to timely pay utility billsincluding any action or inaction of a Tenant Party (as defined below)), Tenant shall not be responsible for payment the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Base Rent and Tenant’s Adjusted Share of Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Tenant’s Adjusted Share of Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionalityPermitted Use; provided, however, that tenant shall promptly provide that, if Landlord with written notice is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used Premises for the Permitted Use only (“HVAC”) e.g., supplying potable water or potable air conditioning equipment), then neither Base Rent nor Tenant’s Adjusted Share of Operating Expenses shall be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and (b) Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to clause Article 24 (a) abovewhich shall govern in the event of a casualty), furnish HVAC as reasonably required (except as the provisions of this Lease otherwise provides or as to any special requirements that arise from Section shall be Tenant’s particular use sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Leaseincluding related to Section 16.8.

Utilities and Services. 17.1 As part of 16.1. Commencing on the Operating ExpensesTerm Commencement Date, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemsif provided in the Building), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (thereon. If any such utility is not separately metered to be equitably determined Tenant or obtained directly by Landlord) Tenant, Tenant shall pay Tenant’s Share of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating ExpensesExpenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Tenant’s employees operating Electrical service at an average of 8 xxxxx per the Project shall have the non-exclusive right to reasonable use Rentable Area of the Building’s workout room Premises shall be provided to the Premises (subject to each employee’s including electricity used for the air handling units exclusively servicing the Premises and Tenant’s execution of for any rooftop equipment installed by Tenant with Landlord’s standard form of liability waiver and releaseexpress written consent), and shall be submetered to the Premises (which submetering shall be installed by Tenant as part of the Tenant Improvements) and paid by Tenant at Landlord’s actual cost thereof. In the event that the Building is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building been fully occupied during such calendar year; provided, however, that Landlord shall have not recover more than one hundred percent (100%) of the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basiscost of such utilities. 17.2 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); providedSevere Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, however, that Landlord hereby represents lockouts or other labor disturbances or labor disputes (other than labor disturbances and warrants that as labor disputes resulting solely from the acts or omissions of the date party claiming Force Majeure); acts of this Leaseterrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); regulations, moratoria or other actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the emergency generator and UPS system serving party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the Building are operable and have sufficient capacity reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to carry the extent permitted by Applicable Laws, Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruptionnegligence. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.reduction

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. 16.1 Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems)water, gas, heat, light, powerelectricity, telephone, internet servicecable, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that which may be furnished to the Premises during orthe term of this Lease, if Tenant occupies the Premises after the expiration or earlier termination of the Termtogether with any taxes thereon. If any such utility is not separately metered to Tenant, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed pay Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities costs thereof as an Operating Expense unless Landlord has installed separate meters or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied measuring devices for tenants in similar spaces in the Building by reason determination of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the actual use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and servicesutility service. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that which are separately metered shall be paid by Tenant directly to the supplier of such utility or service, and Tenant shall pay for such utilities and services prior to delinquency during the term of this Lease. In the event one tenant of the Project is using a disproportionate amount of any utility that is not separately metered, Landlord shall allocate an equitable portion of such utility cost directly to such tenant. The primary measurement for metering usage will be based upon the cubic feet per minute of air supplied to the premises. 17.7 16.2 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Buildingnot be liable for, Landlord reserves the right to stop service nor shall any eviction of the elevatorTenant result from, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary any failure of any such utility or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completedservice, and Landlord in the event of such failure Tenant shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant be entitled to any abatement or reduction of Rent, nor be relieved from the terms, covenants, conditions, provisions operation of any covenant or agreements agreement of this Lease, or and Tenant waives any right to perform any act or thing for terminate this Lease on account thereof. Notwithstanding the benefit of Tenant, shall not be deemed breached if foregoing: (i) in the event that Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion supply any of the Building’s sanitary, electrical, heating, air conditioning, water, elevator, life safety or other essential systems serving the Premises is rendered untenantable due (collectively, the “Essential Services”) from a cause within Landlord’s reasonable control, and such inability of Landlord materially impairs Tenant’s ability to carry on its business in the failure Premises for a period of ten (10) consecutive calendar days, Basic Annual Rent and Additional Rent shall be abated commencing with the eleventh (11th) day of such material interference with Tenant’s business, based upon the extent to which such inability to supply Essential Services materially impairs Tenant’s ability to carry on its business in the Premises. Such abatement shall continue until the Essential Services have been restored to such extent that the lack of any Building systems during remaining services no longer materially impairs Tenant’s ability to carry on its business in the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Premises. Tenant shall not be responsible for payment entitled to such an abatement to the extent that Landlord’s inability to supply Essential Services to Tenant is caused by Tenant or its employees, contractors, agents, licensees or invitees; and (ii) in the event that Landlord is unable to supply any Essential Services by reason of Base Rent for acts of God, accidents, breakage, repairs, strikes, lockouts, labor disputes, inability to obtain utilities or materials or by any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; providedother reason beyond Landlord’s reasonable control, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (bi) subject to clause such inability of Landlord prevents Tenant from carrying on its business in the Premises for a period of thirty (a30) above, furnish HVAC as reasonably required consecutive calendar days or (except as this Lease otherwise provides or as to any special requirements that arise from ii) such inability of Landlord materially impairs Tenant’s particular use of the Premises) for reasonably comfortable occupancy of ability to carry on its business in the Premises twenty-four (24) hours for a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 period of this Lease.sixty

Utilities and Services. 17.1 As part 15.1. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in the making by Tenant of any alterations to the Operating ExpensesPremises) all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof. 15.2. Within sixty (60) days after the Term Commencement Date, and within sixty (60) days after the beginning of each calendar year during the Term, Landlord shall provide those utilities and services set forth on Exhibit B to this Leasegive Tenant a written estimate for such calendar year of insurance provided by Landlord (“Insurance Costs”). Tenant shall pay such estimated amount to Landlord in advance in equal monthly installments. Within ninety (90) days after the end of each calendar year, Landlord shall furnish to Tenant a statement showing in reasonable detail the costs incurred by Landlord for the operation and maintenance of the Premises during such utilities and servicesyear (the “Annual Statement”), and Tenant shall pay to Landlord the costs incurred in excess of the payments previously made by Tenant within ten (10) days of receipt of the Annual Statement. In the event that the payments previously made by Tenant for the operation and maintenance of the Premises exceed Tenant’s obligation, such excess amount shall be credited by Landlord to the Rent or other charges next due and owing, provided that, if the Term has expired, Landlord shall remit such excess amount to Tenant. 15.3. Tenant shall make all other water (including the cost to servicearrangements for and pay for all water, repair and replace any reverse osmosis, de-ionized and other treated water systems)sewer, gas, heat, light, power, telephone, internet service, cable television, telephone service and any other telecommunications and other utilities supplied to service or utility Tenant required at the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; governmental regulation, moratorium or other governmental action (collectively, “Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption”). In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or Lease, any abatement or reduction of Rent, nor shall Tenant be relieved or relief from the operation of any covenant or agreement of this Lease. 17.3 . Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part 9.01 Subject to the other provisions of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease, the following services are provided. A. Electricity, water, and elevator service (if elevators presently serve the Premises) are provided. B. Heating and air conditioning are provided 7:00 a.m. to 6:00 p.m. Monday through Saturday, except holidays. Tenant shall If Lessee desires such service during other hours, Lessee must prearrange the same with Lessor and pay an additional charge for such utilities and servicesservice. C. Five days per week janitorial service, periodic window cleaning, supplies for Building operation, and all other water (including the cost to servicecustomary services. If Lessee uses any utility or service in excess of normal usage levels, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release)Lessor in its sole discretion, and Tenant Lessor shall have the right to charge Lessee for such excess use and to charge Lessee the Common Area conference rooms and video conference facility on a “first come, first served” basiscost to separately meter such use. 17.2 Landlord shall 9.02 Lessor will not be liable foror deemed in Lessor Default, nor shall will there be any eviction abatement of Tenant result from, the failure rent or right to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of terminate this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or for (a) any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement interruption or reduction of Rentutilities, nor shall Tenant be relieved from the operation of any covenant utility services or agreement of this Lease. 17.3 Tenant shall pay fortelecommunication services not caused by Lessor, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity any telecommunications or other company (whether selected by Lessor or Lessee) failing to provide such utilities or services. 17.5 If Tenant shall require utilities services or services in excess of those usually furnished or supplied for tenants in similar spaces providing the same defectively, and/or (c) any utility interruption in the Building nature of blackouts, brownouts, or rolling interruptions. Lessee agrees to comply with any energy conservation programs required by reason of Tenant’s equipment law or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord implemented by Lessor. Lessee acknowledges that utility and service costs and availability may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirablefluctuate significantly, due to accident, emergency power shortages or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completedother events and factors, and Landlord Lessee accepts the risks of such fluctuations. Lessor reserves the right, in its reasonable discretion, to designate, at any time, the utility and service providers for Lessee’s use within the Property; no such designation shall further have no responsibility or impose liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due upon Lessor. 9.03 Lessee has satisfied itself as to the failure adequacy of any Lessor owned utility equipment and the quantity of telephone lines and other service connections to the Building systems during the Term due to Landlordavailable for Lessee’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsuse. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems)water, gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, other telecommunications materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any feestaxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, surcharges and taxes thereon as Landlord shall make a reasonable proportion (to be equitably determined by Landlord) determination of all charges Tenant's proportionate share of the cost of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s utilities and Tenant’s execution of Landlord’s standard form of liability waiver and release), services and Tenant shall have pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the right to use definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 manner set forth in Section 4.2. Landlord shall not be liable for, nor shall for damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or serviceother service furnished to the Premises, whether or not and no such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity or interruption shall be deemed an eviction or entitle Tenant to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of terminate this Lease or withhold or xxxxx any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and servicesrent due hereunder. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent at all reasonable times have free access to provide such autoclave all electrical and glass washing services in a manner consistent with customary levels mechanical installations of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises is rendered untenantable due cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the failure extent that less than all of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant Premises are affected) shall not thereafter be responsible for payment of Base Rent for any period after abated until the first (1st) five (5) business days of such untenantability until such systems return to functionalityPremises are again useable by Tenant; provided, however, that tenant if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall promptly provide Landlord with written notice not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the failure actions of any such Building systems. 17.9 For parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, Landlord which shall (a) maintain and operate be governed by the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use provisions of Article XI of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease16.1. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (thereon. Tenant shall not be liable for the cost of utilities supplied to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall have the non-exclusive right to reasonable use permit Tenant possession of the Building’s workout room (subject Premises prior to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as set forth in Section 4.3, then Tenant shall have be responsible for the right cost of utilities supplied to use the Common Area conference rooms and video conference facility on a “first come, first served” basisPremises from such earlier date of possession. 17.2 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry ”) or Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruptionnegligence. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 16.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred or payments made by Landlord for any of the reasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 17.4 16.4. Tenant shall not, without Landlord’s prior written consentconsent (which consent will not be unreasonably withheld, conditioned or delayed), use any device in the Premises (including, without limitation, including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to required or consumed in the Premises based upon Tenant’s Pro Rata Share as of the Project beyond the existing capacity of the Building or the Project usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the BuildingProject’s capacity to provide such utilities or services. 17.5 16.5. If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 16.6. Landlord shall provide water in Common Areas for lavatory landscaping purposes only, which water shall be from the local municipal or similar source. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, 16.7. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric utility systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric utility service when prevented from doing so by Force Majeure or Landlord’s negligence; a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, supply; or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force MajeureMajeure or Landlord’s negligence. 16.8. Notwithstanding For any utilities serving the foregoingPremises for which Tenant is billed directly by such utility provider, Tenant agrees to furnish to Landlord (a) any invoices or statements for such utilities within thirty (30) days after Tenant’s receipt thereof, (b) within thirty (30) days after Landlord’s request, any other utility usage information reasonably requested by Landlord, and (c) within thirty (30) days after each calendar year during the Term, an ENERGY STAR® Statement of Performance (or similar comprehensive utility usage report (e.g., related to Labs 21), if all requested by Landlord) and any other information reasonably requested by Landlord for the immediately preceding year. Tenant shall retain records of utility usage at the Premises, including invoices and statements from the utility provider, for at least sixty (60) months, or such other period of time as may be requested by Landlord. Tenant acknowledges that any utility information for the Premises, the Building and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In the event that Tenant fails to comply with this Section, Tenant hereby authorizes Landlord to collect utility usage information directly from the applicable utility providers, and Tenant shall pay Landlord a portion fee of Five Hundred Dollars ($500) per month to collect such utility usage information. 16.9. In no event shall Landlord be liable to Tenant for any failure or defect in the supply or character of electric energy furnished to the Premises by reason of any requirement, act or omission of the Premises is rendered untenantable due to public utility serving the failure of Project with electric energy, or for any Building systems during the Term due other reason not attributable to Landlord’s gross negligence or willful misconduct (includingmisconduct. 16.10. Tenant’s use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to ensure that such capacity is not exceeded, without limitation, Landlordand to avert a possible adverse effect upon the Project’s failure to timely pay utility bills)distribution of electricity via the Project’s electric system, Tenant shall not not, without Landlord’s prior written consent in each instance (which consent Landlord may condition upon the availability of electric energy in the Project as allocated by Landlord to various areas of the Project) connect any fixtures, appliances or equipment (other than normal business machines) to the Building’s or Project’s electric system or make any alterations or additions to the electric system of the Premises existing on the date hereof. Should Landlord grant such consent, all additional risers, distribution cables or other equipment required therefor shall be responsible for payment provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand (or, at Tenant’s option, shall be provided by Tenant pursuant to plans and contractors approved by Landlord, and otherwise in accordance with the provisions of Base Rent for any period after this Lease). Landlord shall have the first (1st) five (5) business days right to require Tenant to pay sums on account of such untenantability until such systems return cost prior to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure installation of any such Building systemsrisers or equipment. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of (a) Landlord agrees, during the Operating ExpensesLease term, Landlord shall provide to furnish to the Premises during those utilities and services hours set forth on in the Rules and Regulations as defined in Exhibit B "F" hereof, as may be amended in writing by Landlord from time to time during the term of this Lease. Lease and delivered to Tenant, (i) electrical current in amounts described below, which amounts Landlord and Tenant have specifically considered and hereby acknowledge as representing the normal demands of general office space and hereby conclusively deem to represent a reasonable quantity of electric current for normal lighting and fractional horsepower office machines for the use as described herein: (ii) heating, ventilation and air conditioning ("HVAC") in amounts consistent with amounts provided for general office space which, by way of illustration, shall pay be considered to be HVAC necessary to provide adequate heating, cooling and ventilation for such utilities up to one (1) person per 175 rentable square feet during normal business hours (as more fully described in the Rules and services, Regulations) assuming the absence of heat generating equipment or devices and all other water the absence of an excessive concentration of equipment or devices which individually would generate a normal amount of heat but together generate an excessive amount of heat; (iii) standard janitorial service (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswashing of windows with reasonable frequency as determined by Landlord), gasgenerally consistent with janitorial service furnished in other first-class office buildings in the City of Oakland; (iv) water in reasonable quantities, heatreasonableness being determined with reference to the typical usage of office tenants within the Building for the use as described herein, light, power, telephone, internet service, cable television, other telecommunications for lavatory and other utilities supplied to drinking purposes not in the Premises and (v) passenger elevator service by non-attended automatic elevators. (b) In its use of the Premises, together with any fees, surcharges Tenant shall strictly adhere to all of the following electric demand and taxes thereon as a reasonable proportion consumption levels: (to i) Tenant's use of electricity shall be equitably determined by Landlord) of all charges of such utility jointly metered consistent with other premises tenants in the Building and shall not exceed that of other typical office tenants in the Oakland Central Business District. (ii) Except as part approved by the Landlord, the Tenant shall at no time permit the electrical current used in the Premises to violate any restrictions imposed by any governmental authority, including the requirements with respect to lighting devices set forth in the California Administrative Code, Title 24, Part 6, Division T-20, Chapter 2, Subchapter 4. (iii) If at any time after the Commencement Date, Tenant requires additional electrical capacity, such additional capacity may result in the imposition of additional rent to Tenant pursuant to Subparagraph (e) below, if such additional electrical capacity is available and Landlord in its reasonable discretion agrees to provide same. (c) Landlord makes no guarantees or representations to Tenant that the level of HVAC provided to the Premises pursuant to Subparagraph (a) above will be adequate for Tenant’s Pro Rata Share of Operating Expenses's business purposes. If (i) Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use 's business use, or (ii) Tenant's occupancy of the Building’s workout room Premises (subject to each employee’s and Tenant’s execution if such occupancy exceeds one person per one hundred seventy-five (175) square feet of Landlord’s standard form of liability waiver and releaserentable area), and Tenant requires additional HVAC above the level provided for general office space in the Building or affects the HVAC level otherwise maintained in the Building, Landlord shall have the right in its sole discretion to use install any machinery and equipment that Landlord reasonably deems necessary to provide Tenant with additional HVAC or to restore the Common Area conference rooms and video conference facility on 14VAC level otherwise maintained in the Building, including, without limitation, modifications or alterations to the Building's HVAC system or the installation of a “first come, first served” basisseparate HVAC system to service the Premises. 17.2 (d) Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rentrent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, nor shall Tenant be relieved from the operation breakage, repairs, strikes, lockouts or other labor disturbances of any covenant character, or agreement of this Leasefor any other causes beyond Landlords reasonable control. 17.3 (e) If Tenant shall pay forrequires or utilizes more water, prior to delinquency of payment therefor, any utilities and services that may be furnished to HVAC or electricity than is permitted by the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use standards set forth in Section 2.7 or above, then such amounts will conclusively be deemed to be excess usage. Landlord may at its option (bi) exceed Tenant’s Pro Rata Share of require Tenant to pay, as additional rent, the Building’s capacity reasonable actual cost, incurred by Landlord to provide such utilities excess usage, including but not limited to, any and all costs incurred in connection with the purchase, installation, operation and maintenance of additional systems and transformers and any other equipment required to handle such extraordinary capacity and any and all fees required to governmental authorities resulting from such extraordinary capacity, or services. 17.5 If Tenant (ii) Landlord shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent install separate meter(s) for the use thereofPremises, which consent Landlord may condition upon the availability of such excess utilities or servicesat Tenant's sole expense, and Tenant shall pay all charges of the utility providing service. (f) Landlord may charge as Additional Rent additional rent such reasonable fees or charges established by Landlord for any additional or unusual janitorial services required because of the carelessness of Tenant, the nature of Tenant's business (including the operation of Tenant's business other than from 8:00 a.m. to 6:00 p.m., Monday through Friday) and the removal of any refuse or rubbish from the Premises except for discarded material placed in wastepaper baskets and left for emptying as an amount equal incident to Landlord's normal cleaning of the Premises. Landlord shall have no responsibility for providing janitorial service to any portion of the Premises used for preparing, selling or consuming food or beverages, for storage, for a mail room, or for a bathroom, shower, or similar function. Tenant shall also be responsible for the cost of providing maintaining non-standard improvements including but not limited to metallic trim, wood floor covering, glass panels, partitions, kitchens and executive washrooms in the Premises. (g) Tenant specifically undertakes to install within the Premises and maintain at Tenant's cost such excess utilities non-base building standard fire protection and services. Notwithstanding the foregoinglife safety equipment as required by any governmental authority or insurer, as part of Operating Expenses and if so required, Tenant shall have appoint one of Tenant's personnel to coordinate with the right fire protection facilities and personnel of Landlord. With respect to have Landlord’s agent perform autoclave and glass washing services fire extinguishers, Landlord shall be responsible for Tenant’s laboratory glassware the maintenance of fire extinguishers in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Areas only. Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that maintain all fire extinguishers installed in the Premises by or on behalf of the Tenant. (h) Landlord shall cause its agent to provide such autoclave furnish and glass washing services in a manner consistent with customary levels replace all Building Standard Lamps, as defined herein, only. For the purpose of quality and timeliness for such services this Lease, Building Standard Lamps shall be defined as four foot (4') long fluorescent tubes installed in the San Diego market. 17.6 Utilities building standard 2'x 4', 2-lamp and services provided by 3-lamp fixtures. Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier shall, as an Operating Expense of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves replace non-Building Standard Lamps furnished at the right to stop service sole cost of the elevatorTenant. (i) Without the prior written consent of Landlord, plumbingwhich Landlord may refuse in its sole discretion, ventilationTenant shall connect no equipment, air conditioning and electric systemsapparatus, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconductmachine, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant other device to any of the terms, covenants, conditions, provisions or agreements Building's systems that would exceed the design capacity of this Lease, or such systems. Tenant may connect standard office machines which consume comparable amounts of electricity to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of electrical system in the Premises is rendered untenantable due to but only through electrical outlets in the failure Premises which have been installed in accordance with the local building codes. (j) Without the prior written consent of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, which Landlord may refuse in Landlord’s failure to timely pay utility bills)'s sole discretion, Tenant shall not be responsible for payment place or install in the Premises any machine, equipment, storage, or shelving the weight of Base Rent for any period after which exceeds the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice normal load bearing capacity of the failure floors of the Building. If Landlord consents to the placement or installation of any such Building systems. 17.9 For machine, equipment, storage, or shelving in the PremisesPremises which exceeds such weight allowance, Landlord Tenant at its sole expense shall (a) maintain and operate reinforce the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy floor of the Premises twenty-four (24) hours a dayin the area of such placement or installation, 365 or 366 days a year, pursuant to plans and specifications approved by Landlord and otherwise in compliance with Paragraph 13, to the requirements set forth in Article 23 extent necessary to assure that no damage to the Premises or the Building or weakening of this Leaseany structural supports will be caused.

Utilities and Services. 17.1 As part Tenant shall arrange for all telephone, water, gas, electricity, janitorial services, life safety systems and other power, utilities and services which it shall require in connection with its use or occupancy of the Operating ExpensesPremises and shall pay for the same by direct payment to the provider thereof, together with any taxes, penalties, surcharges or the like pertaining thereto. Notwithstanding the foregoing, during the Normal Business Hours of the Building specified in Article 1 above, Landlord shall provide those utilities furnish the Premises with heating, ventilation and air conditioning services set forth on Exhibit B for normal and customary office use ("HVAC"). If requested by Tenant, Landlord shall furnish HVAC service to this Lease. the Premises at times other than the Normal Business Hours of the Building and Tenant shall pay for such utilities and services, and all other water (including the cost of such after-hours services at Landlord's then prevailing rate, which rate shall take into account any excess wear and tear and maintenance expenses as a result of such excess use, but shall not include Landlord's overhead or any profit xxxx-up. If the HVAC is in need of maintenance or repair, Landlord shall repair the HVAC unless Landlord, in its reasonable discretion, determines that it is more feasible to servicereplace the HVAC. If Landlord replaces the HVAC, the cost of such replacement HVAC shall be included in Operating Expenses and amortized in accordance with subsection 1.12 of Section 29.L. below. Subject to the other terms of this Lease (including, without, limitation, Tenant's responsibility for maintaining any supplemental HVAC or generators exclusively serving the Premises), Landlord shall be responsible for maintaining all utility systems and equipment located outside of the Building, with the costs of such maintenance to be included in Operating Expenses. Except as expressly provided above, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Tenant shall be solely responsible for any supplemental HVAC to the Premises as Tenant shall require for the comfortable occupancy thereof. Tenant acknowledges that Landlord has informed Tenant that, as of the date hereof, the utilities serving each of the Buildings are separately metered and Landlord agrees to maintain such separate metering during the Term. Except as provided pursuant to Section 12.B. below, Tenant shall maintain, repair and replace all such items, operate the same, and keep the same in good working order and condition. Tenant shall not install any reverse osmosisequipment or fixtures, de-ionized or use the same, so as to exceed the safe and lawful capacity of any utility equipment or lines serving the same. The installation, alteration, replacement or connection of any utility equipment and lines, and any other treated water systems)equipment or systems or Alterations which Tenant shall require in order to supply supplemental HVAC or other services, gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied shall be subject to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) provisions of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating ExpensesSection S.C. above. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have ensure that all Tenant's supplemental HVAC equipment, is installed and operated at all times in a manner to prevent roof leaks, damage, or noise due to vibrations or improper installation, maintenance or operation. Tenant shall obtain, at its expense all electric light bulbs, ballasts and tubes as it shall require for the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Premises. Landlord shall not be liable for, for any damages directly or indirectly resulting from nor shall the Monthly Rent, Operating Expenses or any eviction other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of Tenant result from(a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system whatsoever serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of Premises or the electrical load requirements of the tenants of the Building in the event of a power interruptionProject. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination cooperate voluntarily and in a reasonable manner with the efforts of this Lease national, state or any abatement local government agencies or reduction of Rentutility suppliers in reducing energy or other resource consumption, nor shall Tenant be relieved from consistent with the operation of any covenant or agreement a first class office building. Tenant's utilization of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may shall be furnished subject to the Premises during orlimitations of any such voluntary, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided reasonable program that Landlord shall cause its agent to provide such autoclave implement and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing uniformly apply for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsProject. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part (a) Landlord agrees to furnish to the Premises during the Business Hours (and during non-Business Hours, subject to the terms of this Section 14), subject to the conditions and in accordance with the standards set forth in this Lease, adequate quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes (hot and cold), heat and air conditioning required in the comfortable use and occupation of the Operating ExpensesPremises, and elevator service by non-attended automatic elevators. Tenant acknowledges and agrees that Landlord shall provide those utilities and may impose a reasonable charge for the use of any additional or unusual janitorial services set forth on Exhibit B to required by Tenant’s carelessness or the nature of Tenant’s business that is inconsistent with the Use permitted under this Lease. Tenant Landlord shall pay for such utilities and services, and all other water (including the cost not be obligated to service, maintain, repair and or replace any reverse osmosissystem or improvement in the Premises that has not been installed by Landlord at Landlord’s expense, de-ionized and other treated water systems)or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, gasif the standard premises in the Building contain fluorescent light fixtures, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied Landlord’s obligation shall be limited to the Premisesreplacement of fluorescent light tubes, together with irrespective of any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of incandescent fixtures that may have been installed in the Premises at Tenant’s Pro Rata Share of Operating Expensesexpense). Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that (except as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building provided in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Section 14(b) below) Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rentrent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, nor shall Tenant be relieved from the operation breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any covenant character or agreement for any other causes; provided, however, Landlord shall use its reasonable efforts to cause such services to be restored as soon as possible. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services to be provided under this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share If there shall be an interruption, curtailment or suspension of the Building’s capacity to provide elevator, electricity or HVAC service or water supply (and no reasonably equivalent alternative service or supply is provided by Landlord) (each, a “Service Interruption”), and if (i) such utilities Service Interruption shall not have been caused, in whole or services. 17.5 If Tenant shall require utilities in part, by an act or services in excess omission or negligence of those usually furnished Tenant, or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment agents, employees or extended hours contractors, (ii) such Service Interruption does not arise as a result of business operationsa matter, then Tenant shall first procure Landlord’s consent for event or condition affecting the use thereofgeneral area in which the Building is located, which consent Landlord may condition upon the availability of such excess utilities or servicesas rolling electrical blackouts, and Tenant shall pay as Additional Rent an amount equal to the cost of providing (iii) such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements Service Interruption shall have been completedcaused, in whole or in part, by an act or omission or negligence of Landlord, or of Landlord’s agents, employees or contractors, and (iv) Landlord shall further have no responsibility or liability for failure failed to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) cure such Service Interruption within five (5) business days after the occurrence thereof, Rent hereunder shall thereafter be abated in the same proportion as the portion of the Premises affected by the Service Interruption bears to the entire Premises from the end of such untenantability five (5) business day period until such systems return to functionality; providedtime as such services or utilities are restored or Tenant begins using the Premises (or affected portion thereof) again, however, that tenant whichever shall promptly provide Landlord with written notice of the failure of any such Building systemsfirst occur. 17.9 For the Premises, Landlord shall (ac) maintain Tenant acknowledges and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements agrees that arise from Tenant’s particular use of the PremisesPremises during non-Business Hours imposes additional burden on the Building’s janitorial services, fluorescent light tubes, HVAC, and the Common Areas. Accordingly, non-Business Hours use of services will be made available to Tenant through an access or override switch accessible to Tenant from the Premises and will be billed as an after hours rent assessment (the “After Hours Charge”) for as reasonably comfortable occupancy of determined by Landlord from time to time. The current After Hours Charge is Twenty-Seven and 00/100 Dollars ($27.00) per hour per zone, which rate Landlord may increase only due to actual increases in Landlord’s maintenance or utility costs. Tenant shall be entitled to access to the Premises twenty-four (24) hours a per day, 365 three hundred sixty-five (365) days per calendar year. (d) Except as otherwise provided in the Lease Improvement Agreement, Tenant shall not, without the prior consent of Landlord, connect to the utility systems of the Building any apparatus, machinery or 366 other equipment except typical office machines and devices such as electric typewriters, word processors, mini and micro-computers and office-size photocopiers. Nor shall Tenant, without the prior written consent of Landlord, connect to any electrical circuit in the Premises any apparatus or equipment with power requirements that exceed the designed electrical capacity of the Premises as described in the Lease Improvement Agreement. Landlord agrees that in all events, Tenant shall have the use of all current available electricity to the Building and parking lot for Tenant’s equipment, at no additional charge. Tenant shall pay the cost of all utilities and services supplied to Tenant in connection with Tenant’s use of additional office equipment approved by Landlord hereunder. Notwithstanding Landlord’s consent to such excess loading of circuits, Tenant shall pay the cost of any additional or above-standard capacity electrical circuits necessitated by such excess loading circuits and the installation thereof. (e) All sums payable hereunder by Tenant for additional services or for excess utility usage shall be payable within thirty (30) days after written request from Landlord, including reasonable supporting documentation, except that Landlord may require Tenant to pay monthly for the estimated cost of Tenant’s excess utility usage if such usage occurs on a yearregular basis, and such estimated amounts shall be payable in compliance with advance on the requirements set forth first day of each month. (f) Tenant may elect to hire its own cleaning and janitorial service, upon not less than thirty (30) days notice to Landlord. If Tenant makes such an election, Tenant shall receive a reduction in Article 23 Base Rent equal to the cost that Landlord actually incurred in the Base Year in providing such janitorial service. (g) Landlord shall provide commercially reasonable levels of this Leasesecurity service for the Building, the cost of which shall be included in Operating Expenses. (h) Landlord shall cause the Building’s windows to be washed, inside and out, as often as commercially reasonable, but in all events no less frequently than twice per calendar year; the cost of such window washing shall be included in Operating Expenses.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of used in this Lease, "Premises Utilities Costs" shall mean all actual charges for utilities for the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation Premises of any covenant or agreement of this Lease. 17.3 Tenant shall pay forkind, prior including but not limited to delinquency of payment thereforwater, any utilities sewer and services that may be furnished to the Premises during orelectricity, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or servicestelecommunications and cable service, and Tenant shall pay as Additional Rent an amount equal to the cost costs of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used and other utilities as well as related fees, assessments and surcharges. Tenant shall be charged Premises Utilities Costs as part of Operating Expenses on a monthly basis based on Tenant's Percentage of utilities costs for the Permitted Use only Building. Tenant shall reimburse Landlord within ten (“HVAC”10) days after billing for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies. Landlord will notify Tenant of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Building by the local utility company, and (b) subject will be due as Additional Rent. In no event shall Landlord, except for its gross negligence, be liable for any interruption or failure in the supply of any such utility or other services to clause (a) above, furnish HVAC as reasonably required (except as Tenant. In no event shall any Rent owed Landlord under this Lease otherwise provides be abated by reason of the failure to furnish, delay in furnishing, unavailability or as to diminution in quality or quantity of any special requirements that arise from such utility or other services or interference with Tenant’s particular use business operations as a result of any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant or a breach of an implied warranty by Landlord. Notwithstanding anything in this Lease to the Premisescontrary, if (i) for reasonably comfortable occupancy any interruption or cessation of utilities or services results from Landlord’s breach of this Lease or the negligence or willful misconduct of Landlord, or its employees, agents and contractors, or (ii) any such interruption is covered by any rent loss insurance maintained by Landlord, then if the Premises twenty-four are not usable by Tenant for the conduct of Tenant’s business as a result such interruption, Base Rent and applicable Operating Expenses not actually incurred up to that point by Tenant shall be abated for the period that commences three (243) hours a day, 365 or 366 business days a year, after the date Tenant gives to Landlord notice of such interruption until such utilities and in compliance with the requirements set forth in Article 23 of this Leaseservices are restored.

Utilities and Services. 17.1 As part Throughout the Term of the Operating ExpensesLease so long as the Premises are occupied, Landlord shall provide those agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on Exhibit B to this Lease. behalf of Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to additional services which may be equitably determined provided by Landlord) of all charges of . Any such utility jointly metered with other premises as part of additional services will be provided to Tenant at Tenant’s Pro Rata Share of Operating Expenses's cost. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall will not be liable for, nor shall to Tenant for any eviction of Tenant result from, the failure to furnish any utility or service, whether or not of the foregoing utilities and services if such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as all or any of the date following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of this Leaseany character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the emergency generator and UPS system serving the Building are operable and have sufficient capacity exercise of reasonable diligence to carry obtain electricity, water or fuel; or (v) any other cause beyond Landlord’s 's reasonable estimate of the electrical load requirements of the tenants of the Building control. In addition, in the event of a power interruption. In the event any stoppage or interruption of such failureservices or utilities, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), nor shall no eviction of Tenant will result from such failure and Tenant will not be relieved from the operation performance of any covenant or agreement in this Lease because of this Lease. 17.3 such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant shall pay forrequires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, prior Landlord may at its option require Tenant to delinquency of payment thereforpay, any utilities and services that as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machinesinstall separate meter(s) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Premises, at Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services's sole expense, and Tenant shall agrees thereafter to pay as Additional Rent all charges of the utility providing service and Landlord will make an amount equal appropriate adjustment to Tenant's Operating Expenses calculation to account for the cost of providing fact Tenant is directly paying such excess utilities and services. Notwithstanding the foregoingmetered charges, as part provided Tenant will remain obligated to pay its proportionate share of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Leasesuch adjustment.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems)water, gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expensesthereon. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall If any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished are not separately metered or supplied for tenants in similar spaces in the Building by reason assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s equipment or extended hours 's proportionate share of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability cost of such excess utilities or and services, and Tenant shall pay as Additional Rent an such amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoingLandlord, as part an item of additional rent, within ten (10) days after delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Operating Expenses Related Costs in which event Tenant shall have pay Tenant's proportionate share of such costs in the right to have manner set forth in Section 4.2. Unless caused by Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, Landlord shall not be deemed breached if Landlord is unable to furnish liable for damages or perform the same by virtue otherwise for any failure or interruption of Force Majeure. Notwithstanding the foregoing, if all any utility or a portion of the Premises is rendered untenantable due other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or axxxx any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of any Building systems during Landlord. Tenant acknowledges that the Term due costs incurred by Landlord related to Landlord’s gross negligence or willful misconduct (providing above-standard utilities and services to Tenant, including, without limitation, Landlord’s failure telephone lines, may be charged to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of 16.1 To the extent such items are not included in Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and servicesall water, and all other water (including the cost to service, repair repair, replace and replace operate any reverse osmosis, de-ionized osmosis and/or deionized water systems and other treated water systems), water) gas, heat, light, power, telephone, internet janitorial service, cable televisionrefuse collection, other telecommunications hazardous material collection and other utilities and services supplied to the Demised Premises, together with any feestaxes thereon. Tenant shall also pay for the cost to service, surcharges repair, relocate, replumb, replace and taxes thereon as operate any gas or liquid distribution systems servicing the Demised Premises including any located in the Building but outside the Demised Premises. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion (based upon its use of such utility to be equitably determined by Landlord) Landlord of all charges of such utility jointly metered with other premises or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which shall be paid by Tenant as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basisAdditional Rent. 17.2 16.2 Landlord shall not be liable for, for nor shall any eviction of Tenant result from, from the failure to furnish any such utility or service, service whether or not such failure is caused by Force Majeure; providedaccident, howeverbreakage, that Landlord hereby represents and warrants that as repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the date exercise of this Leasereasonable diligence or by any other cause, including the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry gross negligence of Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 16.3 Tenant shall pay for, prior to delinquency of payment therefordelinquency, any utilities and services that which may be furnished and billed to the Demised Premises during or, if Tenant occupies the Premises after the expiration or earlier termination term of the Term, after the Termthis Lease. 17.4 16.4 Tenant shall not, without Landlord’s the prior written consentconsent of Landlord, use any device in the Premises (Demised Premises, including, but without limitation, data processing machinesmachines (excluding personal computers) that and non standard laboratory equipment, which will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Demised Premises based upon Tenant’s 's Pro Rata Share as set forth in Section 1.2.6 above. 16.5 If Tenant shall require services in excess of that usually furnished or supplied for the use set forth similar space in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building , by reason of Tenant’s equipment or operated and/or extended hours of business operationsoperation, then Tenant shall first procure Landlord’s the consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, services and Tenant shall pay Tenant's payment as Additional Rent of an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave excess services and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego marketutility capacity. 17.6 16.6 Utilities and services provided by Landlord and billed to the Demised Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 16.7 Landlord shall provide water in Common Areas for drinking and lavatory purposes only, but if Tenant requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes of which fact Tenant constitutes Landlord to be the sole judge, Landlord may install a water meter and thereby measure Tenant's water consumption for all purposes. Tentant shall pay Landlord for the cost of the meter and the cost of the installation thereof and throughout the duration of Tenant's occupancy, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant's own cost and expense, in default of which Landlord may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered, and on default in making such payment. Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, 16.8 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary necessary, by reason of accident or desirable, due to accident, emergency or the need to make for repairs, alterations or improvements, in the judgment of Landlord desirable or necessary to be made, until such said repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service service, when prevented from doing so by Force Majeure strike or a accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any federal, state, country or municipal authority or failure by a third party to deliver gas, oil or another other suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another other suitable fuel. Without limiting the foregoing, it It is expressly understood and agreed that any covenants on Landlord’s 's part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeurea strike or labor trouble or any other cause whatsoever. In the event of fire, earthquake, flood, vandalism, war, storm or similar cause of damage or destruction, this Section shall not apply and the provisions of Article 22 entitled Damage or Destruction shall apply and control. 16.9 Notwithstanding anything to the foregoingcontrary in this Lease, if all as a consequence of (i) a material cessation of utilities required to be provided to the Demised Premises by Landlord, or (ii) the presence of a portion significant amount of Hazardous Materials which does not result from Tenant's release or emission of such Hazardous Material in or about the Demised Premises in violation of Hazardous Materials Laws, which renders the Demised Premises uninhabitable, and in any of the foregoing cases, Tenant is unable to use the Demised Premises is rendered untenantable due for a continuous and consecutive period of thirty (30) days following written notice by Tenant to Landlord and Landlord's lenders, and Landlord fails or refuses to take any action to correct or otherwise remedy such situation, then Tenant shall be entitled to terminate the failure of any Building systems during the Term due Lease upon ten (10) days written notice to Landlord’s gross negligence . If the interference persists for more than one hundred eighty (180) consecutive calendar days following written notice to Landlord and Landlord's lender despite Landlord's actions and efforts to correct or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills)remedy such interference, Tenant shall not be responsible for payment of Base Rent for any period after have the first right to terminate this Lease upon ten (1st10) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsto Landlord. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part Provided that no Event of Default has occurred and is continuing, Landlord agrees to furnish to the Premises (a) during reasonable hours of generally recognized Business Days, as established by Landlord from time to time ("Building standard hours"; currently Monday through Friday (excluding Holidays (as defined below)), 7:30 a.m. to 6 p.m.), subject to the conditions and in accordance with the standards set forth in the Rules and Regulations, as may be amended in writing by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Operating ExpensesPremises, and to the extent provided in the Building only, elevator service by non-attended automatic elevators, and (b) janitorial service, five (5) days per week (excluding Holidays), at such times as determined by Landlord shall provide those from time to time. Except as otherwise provided herein, the cost of all such utilities and services shall be included within the definition of Project Costs, and shall be paid by Tenant in the manner set forth on Exhibit B to this Leasein Section 7.1. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of terminate this Lease or to any abatement or reduction of Rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, Unavoidable Delay or by any other cause. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as Additional Rent, nor the cost, as reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall Tenant be relieved from pay all charges of the operation of any covenant or agreement of this Lease. 17.3 metered service; provided that Tenant shall only be required to pay for, for such installation if the reason for such installation is as a result of Tenant's excess use of such services prior to delinquency of payment therefor, any thereo. If such utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machinesHVAC service) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of are requested by Tenant during hours other than the Building as proportionately allocated standard hours, Landlord shall use reasonable efforts to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide furnish such utilities or services. 17.5 If Tenant shall require utilities or and services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of upon reasonable Notice from Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay Landlord's charges for such utilities and services therefor on demand as Additional Rent an amount equal (after-hours HVAC services are charged by Landlord on a per hour basis; Landlord's current charge for after-hours HVAC services is variable according to the cost of providing several factors, but may be provided to Tenant upon request from time to time, provided that such excess utilities and servicescharge is subject to adjustment by Landlord from time to time). Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord’s agent perform autoclave and glass washing . If there is any failure, stoppage or interruption of any services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that hereunder, Landlord shall cause its agent use reasonable diligence to provide such autoclave and glass washing resume services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 promptly. Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject at all times have free access to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service all mechanical installations of the elevatorBuilding and Premises, plumbingincluding, ventilationbut not limited to, air conditioning equipment and electric systemsvents, when Landlord deems necessary or desirablefans, due ventilating and machine rooms and electrical closets. Tenant shall be solely responsible for securing telecommunications services to accidentthe Premises, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completedall at its sole cost and expense, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fueltherefor. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements For purposes of this Lease, "Holidays" means those days recognized by any federal, state or local governmental agency as a holiday which Landlord, in its sole discretion, designates from time to perform any act or thing time as "Holidays" for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 purposes of this Lease, such designation being subject to change from time to time.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of used in this Lease, “Premises Utilities Costs” shall mean all actual charges for utilities for the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation Premises of any covenant or agreement of this Lease. 17.3 Tenant shall pay forkind, prior including but not limited to delinquency of payment thereforwater, any utilities sewer and services that may be furnished to the Premises during orelectricity, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or servicestelecommunications and cable service, and Tenant shall pay as Additional Rent an amount equal to the cost costs of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used and other utilities as well as related fees, assessments and surcharges. Tenant shall contract directly for all utilities services for the Permitted Use only Premises and shall pay all Premises Utilities Costs directly to the various utility service providers providing such utility services to the Premises. Should Landlord elect to supply any or all of such utilities, Tenant agrees to purchase and pay for the same as Additional Rent. Tenant shall reimburse Landlord within ten (“HVAC”10) days of receipt of billing invoices from Landlord for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies. Landlord will notify Tenant of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Building by the local utility company, and (b) subject will be due as Additional Rent. In no event shall Landlord be liable for any interruption or failure in the supply of any such utility or other services to clause (a) above, furnish HVAC as reasonably required (except as Tenant unless resulting from Landlord’s negligence. In no event shall any Rent owed Landlord under this Lease otherwise provides be abated by reason of the failure to furnish, delay in furnishing, unavailability or as to diminution in quality or quantity of any special requirements that arise from such utility or other services or interference with Tenant’s particular use business operations as a result of the Premises) for reasonably comfortable occupancy any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of the Premises twenty-four (24) hours Tenant or a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 breach of this Leasean implied warranty by Landlord.

Utilities and Services. 17.1 As part Provided that no Event of Default has occurred and is continuing, Xxxxxxxx agrees to furnish to the Premises (a) during reasonable hours of generally recognized Business Days, as established by Landlord from time to time (“Building standard hours”; currently Monday through Friday (excluding Holidays (as defined below)), 8 a.m. to 6 p.m. and Saturday 9 a.m. to 1 p.m.), subject to the conditions and in accordance with the standards set forth in the Rules and Regulations, as may be amended in writing by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Operating ExpensesPremises, and to the extent provided in the Building only, elevator service by non-attended automatic elevators, and (b) janitorial service, five (5) days per week (excluding Holidays), at such times as determined by Landlord shall provide those from time to time. Except as otherwise provided herein, the cost of all such utilities and services shall be included within the definition of Project Costs, and shall be paid by Tenant in the manner set forth on Exhibit B to this Leasein Section 7.1. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of terminate this Lease or to any abatement or reduction of Rent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, Unavoidable Delay or by any other cause. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as Additional Rent, nor shall the cost, as reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Xxxxxx’s sole expense, and Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant thereafter shall pay for, prior to delinquency all charges of payment therefor, any the metered service. If such utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machinesHVAC service) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of are requested by Tenant during hours other than the Building as proportionately allocated standard hours, Landlord shall use reasonable efforts to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide furnish such utilities or services. 17.5 If Tenant shall require utilities or and services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of upon reasonable Notice from Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay Landlord’s charges for such utilities and services therefor on demand as Additional Rent an amount equal (after-hours HVAC services are charged by Landlord on a per hour basis; Landlord’s current charge for after-hours HVAC services is variable according to the cost of providing several factors, but may be provided to Tenant upon request from time to time, provided that such excess utilities and servicescharge is subject to adjustment by Landlord from time to time). Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord’s agent perform autoclave and glass washing . If there is any failure, stoppage or interruption of any services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that hereunder, Landlord shall cause its agent use reasonable diligence to provide such autoclave and glass washing resume services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 promptly. Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject at all times have free access to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service all mechanical installations of the elevatorBuilding and Premises, plumbingincluding, ventilationbut not limited to, air conditioning equipment and electric systemsvents, when Landlord deems necessary or desirablefans, due ventilating and machine rooms and electrical closets. Tenant shall be solely responsible for securing telecommunications services to accidentthe Premises, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completedall at its sole cost and expense, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fueltherefor. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements For purposes of this Lease, “Holidays” means those days recognized by any federal, state or local governmental agency as a holiday which Landlord, in its sole discretion, designates from time to perform any act or thing time as “Holidays” for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 purposes of this Lease, such designation being subject to change from time to time.

Utilities and Services. 17.1 As part 6.1 Landlord will arrange for the furnishing of electricity to the Operating Expensesdemised premises, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities electricity at the applicable secondary rates dictated by Detroit Edison. Such charge to Tenant for electricity shall be payable, as additional rent, in monthly installments payable within thirty (30) days following receipt of an invoice from Landlord. 6.2 Landlord shall furnish the demised premises with (a) heat, ventilation and servicesair conditioning to the extent required for the occupancy of the demised premises to standards of comfort, and all other water during such hours, as reasonably determined by Landlord for the Building (including the cost which hours, until Landlord shall otherwise designate, shall be from 7:00 a. m. to service, repair 7:00 p.m. on weekdays and replace any reverse osmosis, de-ionized and other treated water systemsfrom 8:00 a.m. to 3:00 p.m. on Saturdays; in each case except holidays), gasor as may be prescribed by any applicable policies or regulations adopted by any utility or governmental agency, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 provided Landlord shall not be liable forrequired to provide supplemental ventilation and air conditioning to the demised premises required by reason of heat generating equipment or lighting other than building standard lights, nor or if the demised premises shall be occupied by a number of persons in excess of the design criteria of the air conditioning system, or to accommodate any eviction other extraordinary ventilation or air conditioning requirements of Tenant result fromTenant, the failure to furnish any utility or (b) elevator service, whether or not such failure is caused by Force Majeure; and (c) janitorial services in accordance with Exhibit "D" attached hereto, provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and a reasonable additional charge for providing janitorial services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant demised premises used for other than normal office purposes. Landlord shall not be responsible for payment removal and disposal of Base Rent for any period after the first (1st) five (5) business days trash in excess of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice created as a result of the failure of any such Building systems. 17.9 For the Premisesnormal office operations. In addition, Landlord shall replace all burned out fluorescent tubes, ballasts and starters. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated or an actual or constructive eviction or partial eviction be deemed to have occurred by reason of: (a1) maintain the installation, use or interruption of use, of any equipment in connection with the furnishing of any of the foregoing services, (2) failure to furnish or delay in furnishing any such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord or by the making of necessary repairs or improvements to the demised premises or to the Building, or (3) any limitation, curtailment, rationing or restriction on use of water, electricity, steam, gas or any other form of energy serving the demised premises or the Building. Landlord shall use reasonable efforts diligently to remedy any interruption in the furnishing of such services. Notwithstanding the preceding paragraph, in the event that Tenant is prevented from using, and operate does not use, the demised premises or any portion thereof, for more than three (3) consecutive business days as a result of any failure of Landlord to provide services to the demised premises as a result of the negligence or willful act of Landlord, its agents, contractors or employees, then Tenant's Basic Rental and additional rent shall be abated or reduced, as the case may be, after expiration of the %day period for such time that Tenant continues to be so prevented from using the demised premises or a portion thereof, in the proportion that the rentable area of the portion of the demised premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the demised premises. 6.3 Tenant shall pay, as additional rent, the cost of providing (i) all heating, ventilating and air conditioning, including all related utility costs, to the demised premises in excess of that required to be provided by Landlord pursuant to Section 6.2 hereof, provided Landlord shall have no obligation to provide heating, ventilating or air conditioning to the extent same cannot be provided utilizing the existing equipment servicing the Building, (ii) janitorial service in excess of the service required to be provided by Landlord pursuant to Section 6.2 hereof, and (iii)any other special service required by reason of Tenant's use of the demised premises during other than normal business hours or for other than normal office purposes. Tenant shall notify Landlord in writing at least one (1) business day prior to the time it requires heating, ventilating and air conditioning systems used for during periods the Permitted Use only (“HVAC”) and (b) subject same are not otherwise furnished by Landlord pursuant to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this LeaseSection 6.2 hereof.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease16.1. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (thereon. If any such utility is not separately metered to be equitably determined by Landlord) Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of Operating Expenses. any utilities, then Tenant shall pay Landlord for Tenant’s employees operating at Adjusted Share of such utilities to reflect such excess. In the event that the Building, North Campus or Project shall have is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the non-exclusive right to reasonable use occupancy of the Building’s workout room , North Campus or Project (subject as applicable) to each employee’s and Tenant’s execution of equal Landlord’s standard form reasonable estimate of liability waiver and release)what such utility usage would have been had the Building, and Tenant North Campus or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall have not recover more than one hundred percent (100%) of the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basiscost of such utilities. 17.2 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); providedSevere Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, however, that Landlord hereby represents lockouts or other labor disturbances or labor disputes (other than labor disturbances and warrants that as labor disputes resulting solely from the acts or omissions of the date party claiming Force Majeure); acts of this Leaseterrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the emergency generator and UPS system serving party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the Building are operable and have sufficient capacity reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to carry the extent permitted by Applicable Laws, Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruptionnegligence. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services . “Severe Weather Conditions” means weather conditions that may are materially worse than those that reasonably would be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied anticipated for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of Property at the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in applicable time based on historic meteorological records. In the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for event that the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct of Landlord (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for or any period after the first (1stLandlord Party) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure causes an interruption of any such Building systems. 17.9 For the Premisesutilities or services that Landlord must provide pursuant to this Lease, Landlord shall (a) maintain and operate use commercially reasonable efforts to pursue the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC restoration of such utilities and/or services as soon as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Leasepossible.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay Landlord as part of Operating Expenses for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, electricity, telephone, internet service, cable television, other telecommunications telecommunications, and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as (each a “Utility” collectively, the “Utilities”). If any such Utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility Utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating Expenses or, in the alternative, Landlord may, at its option, monitor the Project usage of such Utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and be paid by Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basisas Additional Rent. 17.2 If any Utilities provided by or through Landlord are interrupted for any reason, Landlord shall with reasonable diligence endeavor to restore the interrupted Utilities. Only if such interruption was caused by Landlord’s gross negligence or intentionally wrongful acts (or those of someone acting at Landlord’s direction), Landlord shall reimburse Tenant’s actual, reasonable, and direct costs of obtaining replacement Utilities during Landlord’s repairs, but not for any consequential or indirect losses (such as loss of data or product, or resulting from interference with any activities in the Premises). Landlord shall not otherwise be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by: (i) industry-wide strikes; (ii) industry-wide labor troubles; (iii) governmental preemption in connection with a national emergency; (iv) industry-wide shortages or unavailability of labor, fuel, steam, water, electricity or materials by reason of the acts of a governmental body that affect the supply or availability of the same; (v) mechanical breakdown (other than as a result of such party’s contractor’s or subcontractors’ acts or omissions or Landlord’s gross negligence); (vi) acts of God; (vii) enemy action or action of terrorists; (viii) civil commotion; (ix) fire or other casualty; or (x) unusually abnormal weather (which events described in items (i) through (x) are hereafter individually or collectively referred to as “Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption”). In the event of such failurefailure resulting from Force Majeure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. Tenant shall be responsible for obtaining any and all back-up Utilities, generators, like equipment or services that it shall require in the event of a failure of Utilities. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities Utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) in the case of the Retained Premises, increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of in the Linde Building as proportionately allocated to the Retained Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 2.10 or (b) in the case of any Premises, exceed Tenant’s Pro Rata Share of the applicable Building’s capacity to provide such utilities or services. 17.5 Tenant has detailed and specific electrical needs and requirements for the New Premises. Tenant acknowledges that Tenant believes the Plans and Specifications attached as Exhibit J subject to the mutually agreeable resolution of the items set forth on Exhibit J-1 adequately provide for Tenant’s electrical requirements. If the New Premises do not provide adequate electricity for Tenant’s needs, then: (a) Landlord shall have no obligation to provide additional electricity service; but (b) Landlord shall assist Tenant as reasonably necessary to secure additional electrical service, at Tenant’s sole cost and expense. 17.6 If Tenant shall require utilities Utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building Buildings by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such excess utilities Utilities or services, and Tenant shall pay as Additional Rent an amount equal to the actual out-of-pocket cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 17.7 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant as part of Operating Expenses, except as this Lease expressly provides otherwise. Tenant shall have the right to contract directly with the Utility providers of its choosing, subject to Landlord’s reasonable approval, except that electricity shall be submetered through Landlord as provided in Section 17.10 without mxxx-up by Landlord. Landlord shall provide Tenant with commercially reasonable assistance and cooperation to help Tenant meet its electrical needs, but Landlord makes no assurances regarding the supplier availability of such utility or serviceelectricity from any Utility provider. 17.7 17.8 Landlord shall provide water in Common Areas for drinking and lavatory purposes only; provided, however, that if Landlord determines that Tenant requires, uses or consumes water for any purpose other than ordinary drinking and lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of such meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 17.8 Subject 17.9 Upon two (2) business days’ notice to Landlord’s obligation to repair and maintain Tenant, except in operation in accordance with this Lease the case of an emergency generator and other UPS equipment serving the Building(where no notice shall be required), Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirablenecessary, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconductsupply, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Landlord will use commercially reasonable efforts to coordinate with Tenant any discretionary interruption of services for repairs, alterations or improvements that Landlord desires to make, but may not be strictly necessary. Without limiting the foregoing, except for any obligation to pay money, it is expressly understood and agreed that any covenants on Landlord’s or Tenant’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of TenantTenant or Landlord, as the case may be, shall not be deemed breached if Landlord or Tenant, as the case may be, is unable to furnish or perform the same by virtue of Force Majeure. Landlord shall promptly notify Tenant of the occurrence of a Force Majeure event that would reasonably affect a service to Tenant hereunder. 17.10 Subject to the provisions of this Article 17 and Article 49, Landlord shall furnish the electric energy that Tenant shall reasonably require in the Premises for the purposes permitted under this Lease. Electric energy shall be furnished through a meter or meters and related equipment measuring the amount of electric energy furnished to the Premises. Such meter(s) and related equipment shall be installed, serviced, maintained, monitored, and (as appropriate from time to time), upgraded by Landlord, if Landlord deems necessary. Only the initial costs of the upgraded equipment shall be at Landlord’s cost and expense and not the costs associated with servicing, maintaining and monitoring such equipment. Notwithstanding the foregoing, Tenant shall pay the cost and expense of upgrading such equipment if all or a portion Tenant’s requirements for electric energy increase beyond those contemplated by this Lease and the Plans and Specifications. Tenant shall pay for such electric energy in accordance with Section 17.1 and Article 49 within ten (10) days after receipt of any bills related thereto. The amount charged for electric energy furnished to the Premises is rendered untenantable due to the failure (“Basic Electric”) shall be 100% of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (cost including, without limitation, those charges applicable to or computed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to or collected from similar consumers by such public utility company, fuel rate adjustments and surcharges, and weighted in each case to reflect differences in consumption or demand applicable to each rate level. Tenant and its authorized representatives may have access to such meter or meters (if any) on at least three (3) days’ notice to Landlord, for the purposes of verifying Landlord’s meter readings (if any). From, time to time during the Term of this lease, Landlord may, in its sole discretion, install or eliminate, or increase or reduce the number of, such meters or vary the portions of the Premises which they serve or replace any or all of such meters. Landlord shall diligently endeavor to minimize the amount of time, if any, that work or service on any meters interrupts or reduces the amount of electricity available to the Premises, and Landlord shall give Tenant reasonable prior notice of any scheduled interruption. 17.11 If pursuant to any Applicable Laws, the charges to Tenant pursuant to Section 17.10 shall be reduced below that to which Landlord is entitled under such Section, the deficiency shall be paid by Tenant within ten (10) days after being billed therefor, as additional rent for the use and maintenance of the electric distribution system of the Buildings. 17.12 Landlord shall not be liable in any event to Tenant for any failure or defect in the supply or character of electric energy furnished to timely the Premises by reason of any requirement, act or omission of the public utility serving the Buildings with electric energy or for any other reason not attributable solely to Landlord’s willful misconduct or gross negligence. 17.13 Unless provided to the contrary in the attached Exhibit P, Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises, and Tenant shall pay utility bills)to Landlord or its designated contractor within thirty (30) days of demand the then established charges therefor of Landlord or its designated contractor, as the case may be. Tenant may elect, by written notice to Landlord, to furnish and install such replacement lighting tubes, lamps, bulbs and ballasts. 17.14 Tenant’s use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Buildings’ distribution of electricity via the Buildings’ electric system, Tenant shall not exceed its allotted electrical capacity, without Landlord’s prior consent. Should Landlord grant such consent, which shall not be unreasonably withheld, conditioned or delayed, all additional risers, distribution cables, or other equipment required therefor shall be provided: (i) by Landlord, and the cost thereof shall be paid by Tenant to Landlord within thirty (30) days of demand by Landlord, which demand shall include reasonable back-up documentation detailing the estimated costs; or (ii) at Tenant’s option, by Tenant pursuant to plans and contractors approved by Landlord, and otherwise in accordance with Article 12 of this Lease. 17.15 If required by any Applicable Laws and provided Tenant is able to obtain electrical service prior to the date of Landlord’s discontinuance, Landlord, upon at least sixty (60) days’ notice to Tenant, may discontinue Landlord’s provision of electric energy hereunder. If Landlord discontinues provision of electric energy pursuant to this Section, Tenant shall not be responsible for payment released from any liability under this Lease, except that as of Base Rent for any period after the first (1st) five (5) business days date of such untenantability until discontinuance, Tenant’s obligation to pay Landlord Additional Charges under Section 17.9 for electric energy thereafter supplied to the Premises shall cease. As of such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premisesdate, Landlord shall permit Tenant to receive electric energy directly from the public utility company supplying electric energy to the Project, and Tenant shall pay all costs and expenses of obtaining such direct electrical service. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purpose. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall be furnished and installed by Landlord at Landlord’s expense (a) maintain and operate which shall constitute an Operating Expense, amortized on a straight line basis over the heatinguseful life of the items in question, ventilating and air conditioning systems used which shall not extend beyond the Term Expiration Date, in accordance with GAAP). 17.16 Notwithstanding anything to the contrary in this Article 17, to the extent that the CAM Pools specifically provide for the Permitted Use only (“HVAC”) allocation or payment of any Operating Expenses and (b) subject to clause (a) aboveare inconsistent with this Article 17, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Leasesuch CAM Pools shall govern.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems)water, gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any feestaxes thereon. If any utilities or services are not separately metered or assessed to Tenant, surcharges and taxes thereon as Landlord shall make a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part determination of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use proportionate share of the Building’s workout room (subject to each employee’s cost of such utilities and Tenant’s execution of Landlord’s standard form of liability waiver and release)services, including without limitation, after-hours HVAC usage, and Tenant shall have pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the right to use definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 manner set forth in Section 4.2. Landlord shall not be liable for, nor shall for damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be other service furnished to the Premises during orthat is beyond the reasonable control of Landlord, if and no such failure or interruption shall be deemed an eviction or entitle Tenant occupies to terminate this Lease or withhold or axxxx any rent due hereunder. Landlord shall at all reasonable times, upon reasonable prior written or oral notice to Tenant, have free access to the Building and Premises after the expiration to install, maintain, repair, replace or earlier termination remove all electrical and mechanical installations of Landlord, provided that Landlord shall minimize any disruption to Tenant’s use of the TermPremises. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilationtelephone lines, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated may be charged to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those supply reasonable amounts of electricity, gas, water, sewer, trash, and other utilities serving the Premises, and services set forth on Exhibit B to this Lease. Tenant shall pay for all such utility services as Additional Rent. Landlord may measure and charge such utilities and servicesto Tenant by any reasonable method, and all including without limitation by submeter, by allocating a per square foot cost for such utilities, or by other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied means not uncommon to the Premises, together with real estate industry. Landlord may also establish any fees, surcharges reasonable manner and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) method of all charges payment of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release)utilities, and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will payment of a certain sum on a monthly basis, subject to reconciliation at the end of the applicable measuring year, or providing monthly invoices to Tenant, or having Tenant pay certain utilities directly to the utility provider, or any other method not uncommon to the real estate industry. Tenant, at Tenant’s expense, shall purchase and install all light bulbs, lamps, light fixtures, and all replacement light bulbs, lamps, and light fixtures used in the Premises. Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense, so long as Landlord is not at fault, which Tenant may sustain or incur: (ai) increase if the amount quantity, character, or supply of ventilationutilities is changed or is no longer available or suitable for Tenant’s requirements, air exchangeor (ii) due to interruption of utilities. Tenant agrees that it will not make any material alteration or addition to the electrical equipment, gasutility lines and components, steamappliances or fixtures in the Premises without the prior written consent of Landlord, electricity or water beyond which may not be reasonably withheld. Tenant shall be responsible at its sole cost and expense for the existing capacity payment of the Building as proportionately allocated all telecommunication services provided to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for (including the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share installation of the Building’s capacity components, equipment, and facilities providing such services). Landlord shall supply only standard telecommunications services to provide such utilities the Premises. Landlord reserves the right to interrupt, curtail, stop or services. 17.5 If Tenant shall require utilities or suspend the furnishing of the services in excess of those usually furnished or supplied for tenants in similar spaces in the Building described herein, when necessary by reason of Tenant’s equipment accident or extended hours emergency, or for repairs, alterations, replacements or improvements which are, in the reasonable judgment of business operationsLandlord, then desirable or necessary to be made, or by reason of difficulty or inability in securing supplies or labor, or by reason of strikes, or by reason of any other cause beyond the reasonable control of Landlord. There shall be no diminution or abatement of Rent or other compensation due from Tenant shall first procure Landlord’s consent for the use thereof, which consent to Landlord may condition upon the availability of such excess utilities or serviceshereunder, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant Landlord shall have the right no responsibility or liability for any such interruption, curtailment, stoppage, or suspension. Except for those utility costs and other services to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to Landlord or to the supplier of such applicable utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject provider according to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements terms of this Lease, or all utility costs (including without limitation the costs to perform any act or thing for obtain, maintain, repair and replace such utilities, as well as the benefit of Tenant, shall not be deemed breached if Landlord is unable cost to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion applicable utility provider of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct utility being provided) shall be included in Operating Costs (including, without limitation, Landlord’s failure to timely pay utility billsdefined below), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating ExpensesProvided that Tenant is not in default hereunder, Landlord shall provide those utilities agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and services in accordance with the standards set forth on Exhibit B in the Rules and Regulations as defined in Paragraph 28 hereof, as may be amended in writing by Landlord from time to time during the Term of this Lease. Tenant shall pay Lease and delivered to Tenant, reasonable quantities of electric current for such utilities normal lighting and servicesfractional horsepower office machines, hot and all other cold water (including for lavatory and drinking purposes, heat and air conditioning for the cost to service, repair comfortable use and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to occupation of the Premises, together with any feesjanitorial service, surcharges and taxes thereon as a reasonable proportion (to be equitably determined elevator service by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 attended automatic elevators provided that Landlord is not negligent. Landlord shall not be liable for, nor and Xxxxxx shall not be entitled to any eviction abatement or reduction of Tenant result from, the rent by reason of Landlord’s failure to furnish any utility or service, whether or not of the foregoing when such failure is caused by Force Majeure; providedaccident, howeverbreakage, that repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or for any other causes consistent with other institutional first class office buildings in the Sacramento Area. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord. Landlord hereby represents may at its option require Tenant to pay, an additional rent, the cost as fairly determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Landlord’s sole expense, and warrants that as Tenant thereafter shall pay all charges of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employeesutility providing service. Tenant shall not be entitled cooperate with any present or future government, and with any conservation practices established by Landlord. If there is any failure, stoppage or interruption thereof, Landlord shall use reasonable diligence to termination of this Lease or any abatement or reduction of Rent, nor resume services promptly. Landlord shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior at all reasonable times have free access to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share all mechanical installations of the Building’s capacity , including but not limited to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning equipment and electric systemsvents, when Landlord deems necessary or desirablefans, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, ventilat and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuelmachine rooms and electrical closets. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.See Addendum

Utilities and Services. 17.1 As part of 16.1 To the extent such items are not included in Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and servicesall water, and all other water (including the cost to service, repair repair, replace and replace operate any reverse osmosis, de-ionized osmosis and/or deionized water systems and other treated water systems), water) gas, heat, light, power, telephone, internet janitorial service, cable televisionrefuse collection, other telecommunications hazardous material collection and other utilities and services supplied to the Demised Premises, together with any feestaxes thereon. Tenant shall also pay for the cost to service, surcharges repair, relocate, replumb, replace and taxes thereon as operate any gas or liquid distribution systems servicing the Demised Premises including any located in the Building but outside the Demised Premises. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion (based upon its use of such utility to be equitably determined by Landlord) Landlord of all charges of such utility jointly metered with other premises or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which shall be paid by Tenant as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basisAdditional Rent. 17.2 16.2 Landlord shall not be liable for, for nor shall any eviction of Tenant result from, from the failure to furnish any such utility or service, service whether or not such failure is caused by Force Majeure; providedaccident, howeverbreakage, that Landlord hereby represents and warrants that as repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the date exercise of this Leasereasonable diligence or by any other cause, including the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry gross negligence of Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 16.3 Tenant shall pay for, prior to delinquency of payment therefordelinquency, any utilities and services that which may be furnished and billed to the Demised Premises during or, if Tenant occupies the Premises after the expiration or earlier termination term of the Term, after the Termthis Lease. 17.4 16.4 Tenant shall not, without Landlord’s the prior written consentconsent of Landlord, use any device in the Premises (Demised Premises, including, but without limitation, data processing machinesmachines (excluding personal computers) that and non standard laboratory equipment, which will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Demised Premises based upon Tenant’s 's Pro Rata Share as set forth in Section 1.2.6 above. 16.5 If Tenant shall require services in excess of that usually furnished or supplied for the use set forth similar space in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building , by reason of Tenant’s equipment or operated and/or extended hours of business operationsoperation, then Tenant shall first procure Landlord’s the consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, services and Tenant shall pay Tenant's payment as Additional Rent of an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave excess services and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego marketutility capacity. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. 16.1 Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (thereon. If any such utility is not separately metered to be equitably determined by Landlord) Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as part of Tenant’s Adjusted Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of Operating Expenses. any utilities, then Tenant shall pay Landlord for Tenant’s employees operating at Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project shall have is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the non-exclusive right to reasonable use occupancy of the Building’s workout room Building or Project (subject as applicable) to each employee’s and Tenant’s execution of equal Landlord’s standard form reasonable estimate of liability waiver and release)what such utility usage would have been had the Building or Project, and Tenant as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall have not recover more than one hundred percent (100%) of the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basiscost of such utilities. 17.2 16.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); providedSevere Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, however, that Landlord hereby represents lockouts or other labor disturbances or labor disputes (other than labor disturbances and warrants that as labor disputes resulting solely from the acts or omissions of the date party claiming Force Majeure); acts of this Leaseterrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the emergency generator and UPS system serving party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the Building are operable and have sufficient capacity reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to carry the extent permitted by Applicable Laws, Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruptionnegligence. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.agreement

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease16.1. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (thereon. If any such utility is not separately metered to be equitably determined by Landlord) Tenant, Tenant shall pay Tenant's Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and in the event Landlord determines that Tenant's use is over-standard, charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord's Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s 's Pro Rata Share of Operating Expensesany utilities, then Tenant shall pay Landlord for Tenant's Adjusted Share of such utilities to reflect such excess. Tenant’s employees operating at In the event that the Building or Project shall have is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the non-exclusive right to reasonable use occupancy of the Building’s workout room Building or Project (subject as applicable) to each employee’s and Tenant’s execution equal Landlord's reasonable estimate of Landlord’s standard form what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basiscost of such utilities. 17.2 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); providedSevere Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, however, that Landlord hereby represents lockouts or other labor disturbances or labor disputes (other than labor disturbances and warrants that as labor disputes resulting solely from the acts or omissions of the date party claiming Force Majeure); acts of this Lease, the emergency generator and UPS system serving the Building terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable unique to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business daysparty claiming Force Majeure); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washinggovernment regulations, moratoria or other governmental actions, inactions or delays; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided failures by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party parties to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconductsupply, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.or

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease16.1. Tenant shall pay for such utilities and servicesall water, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized deionized and other treated water systems), water) gas, heat, light, power, telephone, internet service, cable television, other telecommunications telephone and other utilities supplied to the Demised Premises, the Building and the Common Area, together with any fees, surcharges and taxes thereon as thereon, including, without limitation, water in Common Areas for drinking and lavatory purposes. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion (to be equitably determined by Landlord) Landlord of all charges of such utility jointly metered with other premises as part of Tenant’s 's Pro Rata Share of Operating Expenses, or in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which shall be paid by Tenant as Additional Rent. Tenant agrees to pay for its Pro Rata Share of water consumed in Common Areas, as shown on said meter, as and when bills are rendered, and on default in making such payment, Landlord may pay such charges and collect the same from Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use . Any such costs or expenses incurred, or payments made by Landlord for any of the Building’s workout room (subject reasons or purposes herein above stated shall be deemed to each employee’s be Additional Rent payment by Tenant and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basiscollectible by Landlord as such. 17.2 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any such utility or service, service whether or not such failure is caused by Force Majeure; providedaccident, howeverbreakage, that Landlord hereby represents and warrants that as repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the date exercise of this Leasereasonable diligence or by any other cause, including the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry gross negligence of Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of RentRent (except to the extent of any rental abatement or interruption insurance proceeds actually received by Landlord with respect to such period), nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 16.3. Tenant shall pay fordirectly to the applicable utility or service provider, prior to delinquency of payment therefordelinquency, for any separately metered utilities and services that which may be furnished to Tenant or the Demised Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 16.4. Tenant shall not, without Landlord’s the prior written consentconsent of Landlord, use any device in the Premises (Demised Premises, including, but without limitation, data processing machines) that , which will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Demised Premises based upon Tenant’s 's Pro Rata Share as Share. 16.5. If Tenant shall require services in excess of that usually furnished or supplied for the use set forth similar space in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building , by reason of Tenant’s equipment or operated and/or extended hours of business operationsoperation, then Tenant may procure the same all at Tenant's sole cost and expense. 16.6. Landlord shall first procure Landlord’s consent provide water to the outdoor portions of the Common Areas for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or serviceslandscape irrigation purposes only, and Tenant shall pay Tenant's Pro Rata Share thereof as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego marketExpense. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, 16.7. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary necessary, by reason of accident or desirable, due to accident, emergency or the need to make for repairs, alterations or improvements, in the judgment of Landlord desirable or necessary to be made, until such said repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning conditioning, electric or electric service other utility service, when prevented from doing so by Force Majeure strike or a accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any federal, state, country or municipal authority or failure by a third party to deliver gas, oil or another other suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another other suitable fuel. Without limiting the foregoing, it It is expressly understood and agreed that any covenants on Landlord’s 's part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all a strike or a portion of the Premises is rendered untenantable due to the failure of labor trouble or any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsother cause whatsoever. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, (a) Landlord shall provide those utilities and services set forth on Exhibit B cause the applicable service providers to this Lease. Tenant shall pay for such utilities and services, and all other water (including furnish the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems)Property with electricity, gas, heatwater, sewer, fuel or other utility. Tenant agrees to pay as Additional Rent all charges for electricity, light, powerheat or other utility used by Tenant at the Premises and which are submetered to Tenant. In addition, telephone, internet service, cable television, other telecommunications and other utilities supplied Tenant agrees to the Premises, together with any fees, surcharges and taxes thereon pay as a reasonable proportion (to be equitably determined by Landlord) Additional Rent its Proportionate Share of all charges for electricity, light, water and sewer or other utility used generally at the Property (i.e. not within tenant occupied premises of the Building). All charges for and repairs of any meters servicing the Premises shall be payable by Tenant as Additional Rent and shall he paid when the same shall become due. Tenant’s use of electric energy in the Premises shall not at any time exceed the safe capacity of any of the electric conductors and equipment in or otherwise serving the Premises. (b) Landlord, upon Tenant’s request, shall replace light bulbs, tubes and ballasts for lighting fixtures when required in the Premises. The cost of replacement light bulbs, tubes, lamps, and ballasts, plus the costs incurred by Landlord for such utility jointly metered replacement, shall be paid by Tenant as Additional Rent in accordance with other premises Landlord’s then-current schedule of costs and assessments therefor. (c) Landlord shall perform the following services: (i) landscaping, (ii) snow and ice removal and (iii) janitorial service to the Premises in accordance with the Janitorial Specifications attached hereto as Exhibit E, five days per week except for Building Holidays, after 6:00 p.m., Monday through Friday. The cost of the services provided by Landlord pursuant to this Subsection 12(c) shall be included as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 (d) Landlord shall not be liable forfor any damages to Tenant resulting from the quality, nor shall any eviction of Tenant result fromquantity, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to unavailability or disruption of any services beyond the gross negligence or intentional misconduct reasonable control of Landlord or any of its agents or employees. Tenant and the same shall not be entitled to constitute a termination of this Lease or any an actual or constructive eviction or entitle Tenant to an abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent rent. Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent providing any services not specifically provided for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Operating ExpensesPremises as general of fices between 8:00 a.m. and 6:00 p.m., Monday through Friday. of each week during the Term (Building Holidays excepted). If Tenant shall require electricity or install electrical equipment using current in excess of 110 volts or which will in any way increase the amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines) or if Tenant shall attempt to use the Premises in such a manner that the services to be furnished by Landlord are required during periods other than the business hours specified above, Tenant will obtain prior written approval from Landlord and will pay, as Additional Rent, for the resulting additional direct expense to Landlord, including the expense resulting from the installation of any equipment and meters, promptly upon receipt of an invoice from Landlord. b) Within the common areas of the Building, Landlord shall provide those utilities furnish reasonably: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services set forth (on Exhibit B to this Leasea five-day a week basis) after business hours, (vi) heat and air conditioning in season, (vii) landscaping, (viii) parking lot maintenance, (ix) common area maintenance and (x) snow removal. Tenant shall pay be responsible for its proportionate share of such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied services in accordance with Section 6(b) hereof. Landlord shall provide janitorial service to the Premises, together with any feesfive days per week, surcharges after regular business hours, and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges the costs of such utility jointly metered with other premises service will be passed through to Tenant as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basisset forth in Section 6. 17.2 c) Landlord shall not be liable forfor any damages to Tenant resulting from the quality, nor shall any eviction of Tenant result fromquantity, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to unavailability or disruption of any services beyond the gross negligence or intentional misconduct reasonable control of Landlord or any of its agents or employees. Tenant and the same shall not be entitled to constitute a termination of this Lease or an actual or constructive eviction or entitle Tenant to an abatement of rent. Landlord shall not be responsible for providing any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of services not specifically provided for in this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours event that (i) twenty-five percent (25%) or more of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 becomes untenantable because Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, (except due to accidentTenant's negligence, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord ) is unable or fails to furnish or perform provide the same by virtue services described in this Section 9 and (ii) such failure (a "Basic Services Failure") continues for a period in excess of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days consecutive days, Tenant shall receive a full abatement of Rent due under this Lease Agreement for the Premises for such untenantability portion thereof) until such systems return to functionality; provided, however, that tenant service is restored. d) Tenant shall promptly provide pay capital improvements which Landlord with written notice shall install or construct for energy saving devices. Tenant's pro rata share shall be determined based upon the estimated life of the failure capital investment item, determined by Landlord in accordance with generally accepted accounting principles, and shall include a cost of any capital funds adjustment equal to twelve percent (12%) per year on the unamortized portion of all such Building systems. 17.9 For the Premises, Landlord costs. Tenant shall (a) maintain and operate the heating, ventilating and air conditioning systems used only have to pay for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use portion of the Premises) for reasonably comfortable occupancy useful life of the Premises twenty-four (24) hours a daycapital improvement which falls within the Term. Tenant shall thus make payments in equal annual installments for such capital improvements until the Term expires or until the cost of the improvement has been fully paid for, 365 or 366 days a year, and whichever first occurs; such payments shall be computed by Landlord at the time of installation of the capital improvement in compliance with the requirements set forth in Article 23 same manner as Landlord makes computations of this LeaseTenant's share of the annual operating costs pursuant to Section 6(b)(ii).

Utilities and Services. 17.1 As part Provided Tenant is not in default under any provision of the Operating Expensesthis Lease, Landlord shall provide those utilities furnish to the Premises, between the hours of 8:00 a.m. and services set forth 6:00 p.m. on Exhibit B to Monday through Friday of each calendar week during the term of this Lease, legal holidays excepted, the following services and utilities: (a) Heat and air conditioning for the Premises; (b) 110 volt/60 cycle electric current in the amounts sufficient for lighting the Premises and powering customary business machines used thereon. In the event Tenant utilizes the services and utilities described in Paragraph (8)(a) & (b) at times and for purposes other than designated above, then Tenant shall pay the cost of said services and utilities. (c) Janitorial and maintenance service, including sweeping, washing or vacuuming of floors and floor coverings, window cleaning and replacement of light bulbs and fluorescent tubes in all light fixtures installed in the Premises by Landlord. Generally, janitorial services are provided during hours other than 8:00 a.m. to 6:00 p.m. Monday through Friday. Landlord shall also maintain the common entrances/exits, stairways and lavatory facilities in the Building, and the parking area adjacent to the Building and the access ways thereto, in a clean and orderly condition. Landlord shall not be liable, however, for either the failure, or delay, to furnish any of the services or utilities specified in this Paragraph 8, or the curtailment of such services or utilities, where such failure or curtailment is caused by conditions beyond the reasonable control of Landlord or by accidents, strikes, repairs, or improvements to Premises, or the Building, nor shall any such failure constitute a constructive eviction of Tenant, entitle Tenant to the abatement of rent, relieve Tenant from observing and performing any of the provisions of this Lease, or any other claims against Landlord. Whenever heat generating equipment or lighting other than building standard lights are used in the Premises by Tenant which affect the temperature otherwise maintained by the air conditioning system, Landlord shall have the right, after notice to Tenant, to install supplementary air conditioning facilities in the Premises or otherwise modify the ventilating and air conditioning system serving the Premises, and the cost of such facilities and modifications shall be borne by Tenant. Tenant shall pay concurrently with the rent the cost of providing all cooling energy to the Premises in excess of that furnished for such normal office use or during hours requested by Tenant when air conditioning is not otherwise to be furnished by Landlord. If Tenant requires power in excess of that provided for normal office use in the Building or if Landlord may impose a reasonable charge for any utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilationair conditioning, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or serviceselectricity, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoingwater, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that reason of: (i) any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion use of the Premises is rendered untenantable due at any time other than the hours set forth above; (ii) any use beyond what Landlord agrees herein to furnish; (iii) special electrical, cooling and ventilating needs created by Tenant's telephone equipment, computers, electronic data processing equipment and other similar equipment or uses; or (iv) additional electrical consumption resulting from the failure use by Tenant of any Building systems during the Term due to high voltage desk or floor lamps. Landlord’s gross negligence or willful misconduct (including, without limitationat its option, Landlord’s failure to timely pay utility bills)may require installation of metering devices, Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; providedat Tenant's expense, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) purpose of metering Tenant's utility consumption. After hours utilities will be available for Tenant at Tenant's sole cost and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Leaseexpense.

Utilities and Services. 17.1 As part (a) Landlord agrees to furnish to the Premises during the Business Hours (and during non-Business Hours, subject to the terms of this Section 14), subject to the conditions and in accordance with the standards set forth in this Lease, adequate quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes (hot and cold), heat and air conditioning required in the comfortable use and occupation of the Operating ExpensesPremises, and elevator service by non-attended automatic elevators. Tenant acknowledges and agrees that Landlord shall provide those utilities and may impose a reasonable charge for the use of any additional or unusual janitorial services set forth on Exhibit B to required by Tenant’s carelessness or the nature of Tenant’s business that is inconsistent with the Use permitted under this Lease. Tenant Landlord shall pay for such utilities and services, and all other water (including the cost not be obligated to service, maintain, repair and or replace any reverse osmosissystem or improvement in the Premises that has not been installed by Landlord at Landlord’s expense, de-ionized and other treated water systems)or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, gasif the standard premises in the Building contain fluorescent light fixtures, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied Landlord’s obligation shall be limited to the Premisesreplacement of fluorescent light tubes, together with irrespective of any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of incandescent fixtures that may have been installed in the Premises at Tenant’s Pro Rata Share of Operating Expensesexpense). Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that (except as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building provided in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Section 14(b) below) Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rentrent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, nor shall Tenant be relieved from the operation breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any covenant character or agreement for any other causes; provided, however, Landlord shall use its reasonable efforts to cause such services to be restored as soon as possible. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services to be provided under this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share If there shall be an interruption, curtailment or suspension of the Building’s capacity to provide elevator, electricity or HVAC service or water supply (and no reasonably equivalent alternative service or supply is provided by Landlord) (each, a “Service Interruption”), and if (i) such utilities Service Interruption shall not have been caused, in whole or services. 17.5 If Tenant shall require utilities in part, by an act or services in excess omission or negligence of those usually furnished Tenant, or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment agents, employees or extended hours contractors, (ii) such Service Interruption does not arise as a result of business operationsa matter, then Tenant shall first procure Landlord’s consent for event or condition affecting the use thereofgeneral area in which the Building is located, which consent Landlord may condition upon the availability of such excess utilities or servicesas rolling electrical blackouts, and Tenant shall pay as Additional Rent an amount equal to the cost of providing (iii) such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements Service Interruption shall have been completedcaused, in whole or in part, by an act or omission or negligence of Landlord, or of Landlord’s agents, employees or contractors, and (iv) Landlord shall further have no responsibility or liability for failure failed to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) cure such Service Interruption within five (5) business days after the occurrence thereof, Rent hereunder shall thereafter be abated in the same proportion as the portion of the Premises affected by the Service Interruption bears to the entire Premises from the end of such untenantability five (5) business day period until such systems return to functionality; providedtime as such services or utilities are restored or Tenant begins using the Premises (or affected portion thereof) again, however, whichever shall first occur. (c) Tenant acknowledges and agrees that tenant shall promptly provide Landlord with written notice Tenant’s use of the failure Premises during non-Business Hours imposes additional burden on the Project’s janitorial services, fluorescent light tubes, HVAC, and the Project Common Areas. Accordingly, non-Business Hours use of services will be made available to Tenant through an access or override switch accessible to Tenant from the Premises and will be billed as an after hours rent assessment (the “After Hours Charge”). After hours use will be metered and the After Hours Charge will be payable by Tenant to Landlord upon demand. The After Hours Charge is estimated to be $3.50 per hour and subject to change due to increases in maintenance costs. The After Hours Charge shall be limited to amount of the reasonable out-of-pocket costs that Landlord can substantiate that Landlord has incurred as a direct result of Tenant’s use of the Premises in excess of the Business Hours, and shall not include any costs of electricity or natural gas (except that, during the six month “free rent” period under Section 5(b) above, the After-Hours Charge shall include electrical costs, and during such Building systems. 17.9 For six month period the After Hours Charge shall, the Landlord currently estimates, be $20.00 per hour, for each HVAC unit used). Tenant shall be entitled to access to the Premises, Landlord shall (a) maintain Building and operate the heatingProject Common Areas, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 three hundred sixty-five (365) days a calendar year. (d) Except as otherwise provided in the Lease Improvement Agreement, Tenant shall not, without the prior consent of Landlord, connect to the utility systems of the Building any apparatus, machinery or other equipment except typical office machines and devices such as electric typewriters, word processors, mini and micro-computers and office-size photocopiers. Nor shall Tenant, without the prior written consent of Landlord, connect to any electrical circuit in the Premises any apparatus or equipment with power requirements that exceed the designed electrical capacity of the Premises as described in the Lease Improvement Agreement; Landlord agrees, that in all events Tenant shall have the use of not fewer than six (6) xxxxx of electricity per rentable square foot in the Premises for Tenant’s equipment, at no additional charge. Tenant shall pay the cost of all utilities and services supplied to Tenant in connection with Tenant’s use of additional office equipment approved by Landlord hereunder. Notwithstanding Landlord’s consent to such excess loading of circuits, Tenant shall pay the cost of any additional or above-standard capacity electrical circuits necessitated by such excess loading circuits and the installation thereof. (e) All sums payable hereunder by Tenant for additional services or for excess utility usage shall be payable within thirty (30) days after written request from Landlord, including reasonable supporting documentation, except that Landlord may require Tenant to pay monthly for the estimated cost of Tenant’s excess utility usage if such usage occurs on a regular basis, and such estimated amounts shall be payable in compliance with advance on the requirements set forth first day of each month. (f) [Intentionally omitted] (g) Tenant may elect to hire its own cleaning and janitorial service, upon not less than thirty (30) days notice to Landlord. If Tenant makes such an election, Tenant shall receive a reduction in Article 23 Base Rent equal to the cost that Landlord actually incurred in the Base Year in providing such janitorial service. (h) Landlord shall provide commercially reasonable levels of this Leasesecurity service for the Project, the cost of which shall be included in Operating Expenses. (i) Landlord shall cause the Building’s windows to be washed, inside and out, as often as commercially reasonable, but in all events no less frequently than twice per calendar year; the cost of such window washing shall be included in Operating Expenses.

Utilities and Services. 17.1 As part (a) Landlord agrees to furnish to the Premises during the Business Hours (and during non-Business Hours, subject to the terms of this Section 14), subject to the conditions and in accordance with the standards set forth in this Lease, adequate quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes (hot and cold), heat and air conditioning required in the comfortable use and occupation of the Operating ExpensesPremises, and elevator service by non-attended automatic elevators. Tenant acknowledges and agrees that Landlord shall provide those utilities and may impose a reasonable charge for the use of any additional or unusual janitorial services set forth on Exhibit B to required by Tenant’s carelessness or the nature of Tenant’s business that is inconsistent with the Use permitted under this Lease. Tenant Landlord shall pay for such utilities and services, and all other water (including the cost not be obligated to service, maintain, repair and or replace any reverse osmosissystem or improvement in the Premises that has not been installed by Landlord at Landlord’s expense, de-ionized and other treated water systems)or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, gasif the standard premises in the Building contain fluorescent light fixtures, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied Landlord’s obligation shall be limited to the Premisesreplacement of fluorescent light tubes, together with irrespective of any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of incandescent fixtures that may have been installed in the Premises at Tenant’s Pro Rata Share of Operating Expensesexpense). Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that (except as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building provided in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Section 14(b) below) Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rentrent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, nor shall Tenant be relieved from the operation breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any covenant character or agreement for any other causes; provided, however, Landlord shall use its reasonable efforts to cause such services to be restored as soon as possible. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services to be provided under this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share If there shall be an interruption, curtailment or suspension of the Building’s capacity to provide elevator, electricity or HVAC service or water supply (and no reasonably equivalent alternative service or supply is provided by Landlord) (each, a “Service Interruption”), and if (i) such utilities Service Interruption shall not have been caused, in whole or services. 17.5 If Tenant shall require utilities in part, by an act or services in excess omission or negligence of those usually furnished Tenant, or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment agents, employees or extended hours contractors, (ii) such Service Interruption does not arise as a result of business operationsa matter, then Tenant shall first procure Landlord’s consent for event or condition affecting the use thereofgeneral area in which the Building is located, which consent Landlord may condition upon the availability of such excess utilities or servicesas rolling electrical blackouts, and Tenant shall pay as Additional Rent an amount equal to the cost of providing (iii) such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements Service Interruption shall have been completedcaused, in whole or in part, by an act or omission or negligence of Landlord, or of Landlord’s agents, employees or contractors, and (iv) Landlord shall further have no responsibility or liability for failure failed to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) cure such Service Interruption within five (5) business days after the occurrence thereof, Rent hereunder shall thereafter be abated in the same proportion as the portion of the Premises affected by the Service Interruption bears to the entire Premises from the end of such untenantability five (5) business day period until such systems return to functionality; providedtime as such services or utilities are restored or Tenant begins using the Premises (or affected portion thereof) again, however, whichever shall first occur. (c) Tenant acknowledges and agrees that tenant shall promptly provide Landlord with written notice Tenant’s use of the failure Premises during non-Business Hours imposes additional burden on the Project’s janitorial services, fluorescent light tubes, HVAC, and the Project Common Areas. Accordingly, non-Business Hours use of services will be made available to Tenant through an access or override switch accessible to Tenant from the Premises and will be billed as an after hours rent assessment (the “After Hours Charge”). After hours use will be metered and the After Hours Charge will be payable by Tenant to Landlord upon demand. The After Hours Charge is estimated to be $3.50 per hour and subject to change due to increases in maintenance costs. The After Hours Charge shall be limited to amount of the reasonable out-of-pocket costs that Landlord can substantiate that Landlord has incurred as a direct result of Tenant’s use of the Premises in excess of the Business Hours, and shall not include any costs of electricity or natural gas (except that, during the six month “free rent” period under Section 5(b) above, the After-Hours Charge shall include electrical costs, and during such Building systems. 17.9 For six month period the After Hours Charge shall, the Landlord currently estimates, be $20.00 per hour, for each HVAC unit used). Tenant shall be entitled to access to the Premises, Landlord shall (a) maintain Building and operate the heatingProject Common Areas, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 three hundred sixty-five (365) days a calendar year. (d) Except as otherwise provided in the Lease Improvement Agreement, Tenant shall not, without the prior consent of Landlord, connect to the utility systems of the Building any apparatus, machinery or other equipment except typical office machines and devices such as electric typewriters, word processors, mini and micro computers and office-size photocopiers. Nor shall Tenant, without the prior written consent of Landlord, connect to any electrical circuit in the Premises any apparatus or equipment with power requirements that exceed the designed electrical capacity of the Premises as described in the Lease Improvement Agreement; Landlord agrees, that in all events Tenant shall have the use of not fewer than six (6) xxxxx of electricity per rentable square foot in the Premises for Tenant’s equipment, at no additional charge. Tenant shall pay the cost of all utilities and services supplied to Tenant in connection with Tenant’s use of additional office equipment approved by Landlord hereunder. Notwithstanding Landlord’s consent to such excess loading of circuits, Tenant shall pay the cost of any additional or above-standard capacity electrical circuits necessitated by such excess loading circuits and the installation thereof. (e) All sums payable hereunder by Tenant for additional services or for excess utility usage shall be payable within thirty (30) days after written request from Landlord, including reasonable supporting documentation, except that Landlord may require Tenant to pay monthly for the estimated cost of Tenant’s excess utility usage if such usage occurs on a regular basis, and such estimated amounts shall be payable in compliance with advance on the requirements set forth first day of each month. (f) [Intentionally omitted] (g) Tenant may elect to hire its own cleaning and janitorial service, upon not less than thirty (30) days notice to Landlord. If Tenant makes such an election, Tenant shall receive a reduction in Article 23 Base Rent equal to the cost that Landlord actually incurred in the Base Year in providing such janitorial service. (h) Landlord shall provide commercially reasonable levels of this Leasesecurity service for the Project, the cost of which shall be included in Operating Expenses. (i) Landlord shall cause the Building’s windows to be washed, inside and out, as often as commercially reasonable, but in all events no less frequently than twice per calendar year; the cost of such window washing shall be included in Operating Expenses.

Utilities and Services. 17.1 As part Throughout the Term of the Operating ExpensesLease so long as the Premises are occupied, Landlord shall provide those agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on Exhibit B to this Lease. behalf of Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to additional services which may be equitably determined provided by Landlord) of all charges of . Any such utility jointly metered with other premises as part of additional services will be provided to Tenant at Tenant’s Pro Rata Share of Operating Expenses's cost. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall will not be liable for, nor shall to Tenant for any eviction of Tenant result from, the failure to furnish any utility or service, whether or not of the foregoing utilities and services if such failure is caused by Force Majeureall or any of the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant agrees thereafter to pay all charges of the utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Operating Expenses subject to such adjustment. Notwithstanding anything in this Lease, if, as a result of the negligent acts or omissions of Landlord or its agents, contractors or employees, for more than five (5) consecutive business days following written notice to Landlord, there is no elevator service to the Premises, or no HVAC or electricity to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by Tenant, in Tenant's judgment reasonably exercised, then Tenant's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord hereby represents is diligently pursuing the repair of such utilities or services and warrants that Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of rent. This paragraph shall not apply in case of damage to, or destruction of, the date Building, which shall be governed by a separate provision of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate . Notwithstanding any of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable foregoing to the gross negligence contrary, Tenant may not xxxxx rent if Landlord disputes Tenant's right to xxxxx or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilationsuch abatement, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated until and to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for extent the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided arbitrator provides that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation may do so in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any the terms of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsParagraph 50 hereof. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part Tenant shall arrange for all telephone, water, gas, electricity and other power and utilities which it shall require in connection with its use or occupancy of the Operating Expenses, Landlord shall provide those utilities Premises and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premisessame, together with any feestaxes, penalties, surcharges or the like pertaining thereto. In addition, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Without limitation, Tenant shall be solely responsible for providing such heating, ventilation and taxes thereon air conditioning (“HVAC”) to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and tubes as it shall require for the Premises. If any of the foregoing utilities or services are not separately metered to Tenant, Tenant shall pay a reasonable proportion (to be equitably proportion, as determined by Landlord) , of all charges of such utility jointly metered with serving the Premises and other premises as part of Tenant’s Pro Rata Share of Operating Expensespremises. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, for any damages directly or indirectly resulting from nor shall the Base Rent, Operating Expenses or any eviction other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of Tenant result from(a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system whatsoever serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of Premises or the electrical load requirements of the tenants of the Building in the event of a power interruptionReal Property. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination cooperate voluntarily and in a reasonable manner with the efforts of this Lease national, state or any abatement local government agencies or reduction of Rent, nor utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished subject to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure limitations of any such Building systemsvoluntary, reasonable program. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part (a) Landlord shall furnish the Leased Premises with water, existing office heat, existing office air conditioning, access to electrical supply, sewerage, elevator service, janitorial service and snow removal, so long as Tenant is not in default under the terms of this Lease after notice and the Operating Expensesapplicable cure period. All electricity provided by Landlord shall be at Tenant's sole cost and expense. Except for such items as may be initially furnished by Landlord, Tenant agrees to purchase from Landlord, at prevailing rates in the Building, fluorescent tubes, ballasts and any incandescent lamps approved by Landlord. Landlord shall provide those such utilities when and to the extent, in Landlord's judgment, the same are necessary for the comfortable occupancy and use of the Leased Premises. Existing office heat and existing office air conditioning shall be provided on weekdays from 7:30 AM to 6:00 PM and on Saturdays from 7:30 AM to 1:00 PM, and elevators shall be subject to call at all times. If such utilities are furnished to or consumed by Tenant during other hours, Landlord may impose a reasonable uniform charge therefor. Landlord shall not be liable or responsible for any interruption in utilities or other services set forth on Exhibit B to this Leasecaused by riots, strike, labor disputes, or accidents or other cause beyond the immediate control of the Landlord, or for stoppages or interruptions of any such services for the purpose of making necessary repairs or improvements. Failure, interruption, or delay in furnishing existing office heat, existing office air conditioning, water, electricity, janitorial or other services unless caused by the gross negligence of the Landlord shall not be construed as an actual or constructive eviction or partial eviction against the Tenant by the Landlord nor shall such failure, interruption or delay in any way operate as a release from the prompt and punctual performance by the Tenant of the covenants contained herein. Tenant shall pay for use only such utilities electrical lighting fixtures and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon lamps as a reasonable proportion (to may be equitably determined approved by Landlord) . Electricity furnished by Landlord shall be used only for purposes of all charges illumination and the operation of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating office equipment which equipment is considered common and normal low electrical consumption office equipment at the Project shall have the non-exclusive right to reasonable use date of the Building’s workout room execution hereof (subject to each employee’s expressly excluding therefrom computers, high electrical consumption business machines and Tenant’s execution of Landlord’s standard form of liability waiver and releaserelated equipment), and . Tenant shall have the right to use at any time during the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date Term of this Lease, the emergency generator and UPS system serving to upgrade the Building are operable and/or Tenant's HVAC/chilled water capacity, or install its own HVAC system at its sole cost and expense, with prior written consent of the Landlord, which consent shall not be unreasonably withheld. (b) Landlord will install one or more electrical meters at Landlord's sole cost, metering Tenant's use of electricity in the Leased Premises, including but not limited to lighting, equipment, all HVAC, etc., in which event, Tenant will pay to the Landlord the amount shown to be due based upon the meter reading. To the extent that Landlord is unable to meter the electrical usage of the HVAC, Landlord shall have the right to prorate the electrical usage for the HVAC during normal business hours and include same as Additional Rent. All electricity furnished to Tenant by Landlord shall be at Tenant's sole cost and expense. (c) Tenant shall be afforded access to the Building's electrical supply to obtain a minimum of 500 kilowatts of power to the Premises. Landlord warrants the building has sufficient capacity to carry Landlord’s reasonable estimate provide 500 kilowatts of power during the term of the electrical load requirements of the tenants of the Building in the event of a power interruptionLease. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right at any time during the term of the Lease to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving upgrade the Building's electrical service at Tenant's sole cost and expense, Landlord reserves the right to stop service of the elevatorwith Landlord's prior written consent, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, which consent shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeureunreasonably withheld. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due anything contained herein to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills)contrary, Tenant shall not be responsible liable for payment of Base Rent for any period after utility charges prior to the earlier to occur of: (1) the date Tenant first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of occupies the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used Leased Premises for the Permitted Use only operation of its business; or (“HVAC”2) and (b) subject to clause (a) aboveOctober 1, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease1998.

Utilities and Services. 17.1 As part (a) Landlord agrees to furnish to the Premises during the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturdays subject to the conditions of and in accordance with the standards set forth in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required to operate a first class office building in the Douglas Boulevard corridor of Johnsxx Xxxxh, janitorial service axx xxxxator service by non-attended automatic elevators. Tenant acknowledges and agrees that Landlord may impose a reasonable charge for the use of any additional or unusual janitorial services required by Tenant's carelessness or the nature of Tenant's business. Landlord's obligation regarding any heating, ventilation and air conditioning ("HVAC") and electrical systems shall be limited to the Building's standard central HVAC and electrical systems, and Landlord shall have no obligation to maintain or repair any HVAC or electrical system that has been installed to accommodate Tenant's specific use of the Operating ExpensesPremises (provided, however, that any contractor retained by Tenant to maintain or repair any such HVAC or electrical system shall be subject to Landlord's reasonable approval). Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost not be obligated to service, maintain, repair and or replace any reverse osmosissystem or improvement in the Premises that has not been installed by Landlord at Landlord's expense, de-ionized and other treated water systems)or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, gasif the standard premises in the Building contain fluorescent light fixtures, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied Landlord's obligation shall be limited to the Premisesreplacement of fluorescent light tubes, together with irrespective of any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of incandescent fixtures that may have been installed in the Premises at Tenant’s Pro Rata Share of Operating Expenses's expense). Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rentrent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, nor shall Tenant be relieved from the operation breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any covenant character or agreement for any other causes. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services to be provided under this Lease. If Tenant requires or utilizes more water or electric power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay all charges of the utility providing service. 17.3 Tenant shall pay for, prior to delinquency (b) If the temperature otherwise maintained in any portion of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies by the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity HVAC systems of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building is affected by reason of Tenant’s any lights, machines or equipment used by Tenant in the Premises, or extended hours by the occupancy of business operationsthe Premises by more persons than are contemplated by the design criteria of the HVAC systems, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided install machines or equipment that Landlord shall cause its agent reasonably deems necessary to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord restore temperature balance, including modifications to the Premises that are separately metered standard airconditioning equipment and electrical systems serving the Premises. The cost of any such equipment and modifications, including the cost of installation and any additional cost of operation and maintenance of the same, shall be paid by Tenant directly to the supplier of such utility or serviceLandlord upon demand. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair (c) Tenant acknowledges and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed agrees that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion 's use of the Premises is rendered untenantable due to outside the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) generally recognized business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used hours for the Permitted Use only (“HVAC”) Building will impose an additiona burden on Building services such as janitorial service, elevator service, fluorescent tube replacement and (b) subject HVAC service, the cost of which services shall be paid to clause (a) above, furnish HVAC Landlord by Tenant as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) "after hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Leaserent" upon demand.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. 15.1 Tenant shall pay for such utilities and servicesall water, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized deionized and other treated water systems), water) gas, heat, light, power, telephone, internet service, cable television, other telecommunications telephone and other utilities supplied to the Demised Premises, Building or Project together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basisthereon. 17.2 15.2 Landlord shall not be liable for, for nor shall any eviction of Tenant result from, from the failure to furnish any such utility or service, service whether or not such failure is caused by Force Majeure; providedaccident, howeverbreakage, that Landlord hereby represents and warrants that as repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the date exercise of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruptiondiligence or by any other cause. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 15.3 Tenant shall pay fordirectly to the applicable utility or service provider, prior to delinquency of payment therefordelinquency, for any separately metered utilities and services that which may be furnished to Tenant or the Premises Demised Premises, Building or Project during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 15.4 Tenant shall not, without Landlord’s the prior written consentconsent of Landlord, use any device in the Premises (Demised Premises, including, but without limitation, data processing machines) that , which will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or servicesSystems. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 15.5 Landlord shall provide water in Common Areas for drinking and lavatory purposes only, but if Tenant requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes Landlord may install a water meter and thereby measure Tenant's water consumption for all purposes. Tenant shall pay Landlord for Landlord's actual cost of the meter and the cost of the installation thereof and throughout the duration of Tenant's occupancy, thereof and through the duration of Tenant's occupancy, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant's own cost and expense, the default of which Landlord may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered, and on default in making such payment, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, 15.6 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary necessary, by reason of accident or desirable, due to accident, emergency or the need to make for repairs, alterations or improvements, in the judgment of Landlord desirable or necessary to be made, until such said repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service service, when prevented from doing so by Force Majeure strike or a accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any federal, state, country or municipal authority or failure by a third party to deliver gas, oil or another other suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another other suitable fuel. Without limiting the foregoing, it It is expressly understood and agreed that any covenants on Landlord’s 's part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all a strike or a portion of the Premises is rendered untenantable due to the failure of labor trouble or any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsother cause whatsoever. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems)water, gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance, interior and exterior pest control, interior and exterior window washing, security services, exterior plumbing (back flows testing), and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any feestaxes thereon. Tenant shall provide whatever janitorial and security services it deems appropriate for the Site and the Buildings and Landlord shall have no responsibility for and shall not provide janitorial or security services to the Site or the Buildings unless requested to do so by Tenant. If any utilities or services are not separately metered or assessed to Tenant, surcharges and taxes thereon as Landlord shall make a reasonable proportion determination of Tenant's proportionate share of the Actual Cost (to be equitably determined by Landlordas hereinafter defined) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s utilities and Tenant’s execution of Landlord’s standard form of liability waiver and release)services, and Tenant shall have pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord's statement or invoice therefor. For purposes of this Lease, the right term "Actual Cost" shall mean an amount equal to use actual incremental cost to Landlord to provide the Common Area conference rooms and video conference facility on a “first comeapplicable service or utility to Tenant, first served” basis. 17.2 without markup for profit. Alternatively, Landlord may elect to include such cost in the definition of Site Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. *** Landlord shall not be liable for, nor shall for damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or serviceother service furnished to the Premises, whether or not and no such failure is caused by Force Majeureor interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder except as otherwise provided in this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building if such electrical and/or mechanical installations are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building located in the event of a power interruption. In the event of such failurePremises, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance Tenant with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements prior notice of this Lease, or intent to perform any act or thing for access same and shall follow Tenant's reasonable instructions as to the benefit of time and manner such work is to be performed so as to minimize disruption to Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure's business operations. Notwithstanding the foregoing, if for more than five (5) consecutive business days following written notice to Landlord (the "Eligibility Period"), (a) there is no HVAC or electricity service to all or a portion of the Premises Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, (b) there is rendered untenantable due any repair, maintenance or alteration performed by Landlord, and/or (c) there is any failure by Landlord to provide Tenant with access to the Premises or the parking areas, so that Tenant is prevented from using and does not use all or a portion of the Premises, then provided such interruption of services is not attributable to the fault or neglect of Tenant, its agents, employees, contractors or subtenants or the failure of any Building systems during the Term due by Tenant to Landlord’s gross negligence or willful misconduct fulfill its responsibilities hereunder (includingtaking into account that Tenant shall, without limitationexcept as otherwise provided herein, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment the maintenance and repair of Base Rent Building Systems), Tenant's rent (inclusive of Basic rent and Operating Expenses) shall thereafter be abated in the same proportion that the Floor Area of the Premises rendered unusable from time to time bears to the total Floor Area of the Premises until the Premises are again usable by Tenant. However, in the event that Tenant is prevented from conducting, and does not conduct, its business in any portion of the Premises for any a period of time in excess of the Eligibility Period, and the remaining portion of the Building is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the first (1st) five (5) Eligibility Period during which Tenant is so prevented from effectively conducting its business days of such untenantability until such systems return to functionalitytherein, the rent for the entire Building shall be abated; provided, however, that tenant shall promptly provide Landlord with written notice if Tenant reoccupies and conducts its business from any portion of the failure Building during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use reoccupied portion of the Premises) for reasonably comfortable occupancy Building bears to the total rentable area of the Premises twenty-four (24) hours a dayBuilding, 365 or 366 days a yearshall be payable by Tenant from the date such business operations commence. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in compliance with case of damage to, or destruction of, the requirements set forth in Premises (which shall be governed by the provisions of Article 23 XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by arbitration pursuant to Section 22.7 of this Lease.

Utilities and Services. 17.1 As part Tenant shall arrange for all telephone, water, gas, electricity, janitorial services, life safety systems and other power, utilities and services which it shall require in connection with its use or occupancy of the Operating ExpensesPremises and shall pay for the same by direct payment to the provider thereof, together with any taxes, penalties, surcharges or the like pertaining thereto. Notwithstanding the foregoing, during the Normal Business Hours of the Building specified in Article 1 above, Landlord shall provide those utilities furnish the Premises with heating, ventilation and air conditioning services set forth on Exhibit B for normal and customary office use (“HVAC”). If requested by Tenant, Landlord shall furnish HVAC service to this Lease. the Premises at times other than the Normal Business Hours of the Building and Tenant shall pay for such utilities and services, and all other water (including the cost of such after-hours services at Landlord’s then prevailing rate, which rate shall take into account any excess wear and tear and maintenance expenses as a result of such excess use, but shall not include Landlord’s overhead or any profit xxxx-up. If the HVAC is in need of maintenance or repair, Landlord shall repair the HVAC unless Landlord, in its reasonable discretion, determines that it is more feasible to servicereplace the HVAC. If Landlord replaces the HVAC, the cost of such replacement HVAC shall be included in Operating Expenses and amortized in accordance with subsection 1.12 of Section 29.L. below. Subject to the other terms of this Lease (including, without, limitation, Tenant’s responsibility for maintaining any supplemental HVAC or generators exclusively serving the Premises), Landlord shall be responsible for maintaining all utility systems and equipment located outside of the Building, with the costs of such maintenance to be included in Operating Expenses. Except as expressly provided above, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Tenant shall be solely responsible for any supplemental HVAC to the Premises as Tenant shall require for the comfortable occupancy thereof. Tenant acknowledges that Landlord has informed Tenant that, as of the date hereof, the utilities serving each of the Buildings are separately metered and Landlord agrees to maintain such separate metering during the Term. Except as provided pursuant to Section 12.B. below, Tenant shall maintain, repair and replace all such items, operate the same, and keep the same in good working order and condition. Tenant shall not install any reverse osmosisequipment or fixtures, de-ionized or use the same, so as to exceed the safe and lawful capacity of any utility equipment or lines serving the same. The installation, alteration, replacement or connection of any utility equipment and lines, and any other treated water systems)equipment or systems or Alterations which Tenant shall require in order to supply supplemental HVAC or other services, gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied shall be subject to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) provisions of Section 5.C. above. Tenant shall ensure that all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expensessupplemental HVAC equipment, is installed and operated at all times in a manner to prevent roof leaks, damage, or noise due to vibrations or improper installation, maintenance or operation. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have obtain, at its expense all electric light bulbs, ballasts and tubes as it shall require for the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Premises. Landlord shall not be liable for, for any damages directly or indirectly resulting from nor shall the Monthly Rent, Operating Expenses or any eviction other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of Tenant result from(a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system whatsoever serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of Premises or the electrical load requirements of the tenants of the Building in the event of a power interruptionProject. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination cooperate voluntarily and in a reasonable manner with the efforts of this Lease national, state or any abatement local government agencies or reduction of Rentutility suppliers in reducing energy or other resource consumption, nor shall Tenant be relieved from consistent with the operation of any covenant or agreement a first class office building. Tenant’s utilization of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may shall be furnished subject to the Premises during orlimitations of any such voluntary, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided reasonable program that Landlord shall cause its agent to provide such autoclave implement and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing uniformly apply for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsProject. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems)water, gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any feestaxes thereon. If any utilities or services are not separately metered or assessed to Tenant, surcharges and taxes thereon as Landlord shall make a reasonable proportion (to be equitably determined by Landlord) determination of all charges Tenant's proportionate share of the cost of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the nonutilities and services, including without limitation, after-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release)hours HVAC usage, and Tenant shall have pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the right to use definition of Site Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 manner set forth in Section 4.2. Landlord shall not be liable for, nor shall for damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be other service furnished to the Premises during orthat is beyond the reasonable control of Landlord, if and no such failure or interruption shall be deemed an eviction or entitle Tenant occupies to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times, upon reasonable prior written or oral notice to Tenant, have free access to the Building and Premises after the expiration to install, maintain, repair, replace or earlier termination remove all electrical and mechanical installations of Landlord, provided that Landlord shall minimize any disruption to Tenant's use of the TermPremises. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilationtelephone lines, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated may be charged to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part Throughout the Term of the Operating ExpensesLease so long as the Premises are occupied, Landlord shall provide those agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on Exhibit B to this Lease. behalf of Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to additional services which may be equitably determined provided by Landlord) of all charges of . Any such utility jointly metered with other premises as part of additional services will be provided to Tenant at Tenant’s Pro Rata Share of Operating Expenses's cost. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall will not be liable for, nor shall to Tenant for any eviction of Tenant result from, the failure to furnish any utility or service, whether or not of the foregoing utilities and services if such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as all or any of the date following: (i) accident, breakage or repairs, (ii) strikes, lockouts or other labor disturbance or labor dispute of this Leaseany character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the emergency generator and UPS system serving the Building are operable and have sufficient capacity exercise of reasonable diligence to carry obtain electricity, water or fuel; or (v) any other cause beyond Landlord’s 's reasonable estimate of the electrical load requirements of the tenants of the Building control. In addition, in the event of a power interruption. In the event any stoppage or interruption of such failureservices or utilities, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), nor shall no eviction of Tenant will result from such failure and Tenant will not be relieved from the operation performance of any covenant or agreement in this Lease because of this Lease. 17.3 such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant shall pay forrequires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, prior Landlord may at its option require Tenant to delinquency of payment thereforpay, any utilities and services that as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machinesinstall separate meter(s) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Premises, at Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services's sole expense, and Tenant shall agrees thereafter to pay as Additional Rent all charges of the utility providing service and Landlord will make an amount equal appropriate adjustment to Tenant's Operating Expenses calculation to account for the cost of providing fact Tenant is directly paying such excess utilities and services. Notwithstanding the foregoingmetered charges, as part provided Tenant will remain obligated to pay its proportionate share of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Leasesuch adjustment.

Utilities and Services. 17.1 As part Landlord agrees during the Lease Term to furnish to the Premises Monday through Friday, 8:00 a.m. through 7:00 p.m., holidays excepted, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Operating ExpensesPremises (which amounts shall be materially consistent with the amounts being provided by landlords of comparable buildings in the San Francisco South of Market area), Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water janitorial service (including washing the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to exterior of the Premises, together with any fees, surcharges and taxes thereon as windows of the Premises on a reasonable proportion (to be equitably frequency reasonably determined by LandlordLandlord consistent with similar buildings) of all charges of such utility jointly metered with other premises and elevator service by non attended automatic elevators. Except as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release)provided in Paragraph 17.2 below, and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rentrent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, nor shall Tenant be relieved from the operation breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any covenant character, or agreement for other causes beyond Landlord’s reasonable control. Landlord’s cost of providing such services shall be part of Operating Expenses. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease. 17.3 Lease due to the interruption or failure of or inability to provide any services required to be provided by Landlord hereunder. If Tenant requires or utilizes materially more water, electric power or other utility service than is considered typical for general office purposes, which the parties agree shall be 6.0 xxxxx per square foot (3.5 xxxxx for wall receptacles, 2.5 xxxxx for desk top computers and peripherals), Landlord may at its option, require Tenant to pay as additional rent the cost as reasonably estimated by Landlord incurred by such additional or extraordinary usage. In the event Tenant requires HVAC service to the Premises outside of the business hours specified above, Tenant shall pay to Landlord as additional rent the sum of $85.00 per hour for each hour of occupancy outside of the business hours specified above to reimburse Landlord for the electricity costs to operate the HVAC; provided , however, that in the case where Tenant and one or more other tenants shall order after-hours HVAC, the cost payable by Tenant shall be prorated to reflect the area of that portion of the Premises so served and the area of the other tenants’ premises served. Electrical power required in connection with any special air conditioning installed for a “computer room” in the Premises or electric power otherwise required in connection with any such “computer room” shall be considered extraordinary and Tenant shall be charged therefor as and to the extent provided in Paragraph 1.8 above. Tenant shall additionally be responsible for the payment of all electrical costs associated with the studio portion of the Premises, but only to the extent such usage exceeds the electrical consumption which would occur were the studio portion of the Premises devoted to general office use, as defined above. In addition, Landlord may, but shall not be required to, install separate meter(s) for the Premises, or advisory meters, at Tenant’s sole expense, and Tenant thereafter shall pay all charges in excess of the cost of normal office use of such services and Tenant shall not be charged for any share of Operating Expenses with respect to, and to the extent that Tenant pays for, prior to delinquency of payment therefor, any utilities and the services that may are separately metered. All charges levied against Tenant for extraordinary utility usage, or usage outside the business hours specified above, shall be furnished due and payable thirty (30) days after receipt by Tenant of Landlord’s written invoice detailing such charges. Any incandescent light bulbs used in the Premises shall be paid for by the Tenant. Upon Tenant’s request, Landlord’s personnel shall install incandescent light bulbs or other Building Nonstandard bulbs in the Premises. Tenant agrees to pay Landlord, within thirty (30) days after receipt by Tenant of Landlord’s written invoice detailing such charges, Landlord’s cost for the maintenance and/or replacement, as applicable, of all such incandescent light bulbs installed or other Building Nonstandard lighting fixtures. Landlord shall provide Tenant access to the Premises during oron a twenty-four (24) hour per day, if seven (7) days per week basis, subject to events beyond Landlord’s reasonable control. 17.2 Notwithstanding anything to the contrary set forth in this Lease, in the event that Tenant occupies is prevented from using, and does not use, the Premises after the expiration or earlier termination any portion thereof, as a result of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilationany repair, air exchangemaintenance or alteration performed by Landlord, gasor which Landlord failed to perform as required by this Lease, steam, electricity or water beyond the existing capacity which substantially interferes with Tenant’s use of the Building as proportionately allocated Premises, (b) any failure to provide services, utilities or access to the Premises based upon as required by this Lease, (c) any other event which is not the result of Tenant’s Pro Rata Share default hereunder or the negligence or willful misconduct of Tenant or any Tenant Party (any such set of circumstances as usually furnished or supplied for the use set forth in Section 2.7 or items (a), (b) exceed Tenant’s Pro Rata Share of the Building’s capacity or (c), above, to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operationsbe known as an “Abatement Event”), then Tenant shall first procure give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s consent receipt of any such notice (the “Eligibility Period”), the Base Rent and Operating Rent, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the use normal conduct of Tenant’s business, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which consent Landlord may condition upon Tenant is so prevented from effectively conducting its business therein, the availability Base Rent and Operating Rent for the entire Premises and Tenant’s obligation to pay for parking shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such excess utilities or servicesreoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to xxxxx Base Rent and Operating Rent, and Tenant’s obligation to pay for parking shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as provided in this Section 19.5.2, nothing contained herein shall be interpreted to mean that Tenant shall pay as Additional is excused from paying Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoingdue hereunder. 17.3 If, as part a result of Operating Expenses an Abatement Event, Tenant is prevented from using, and does not use, the Premises, for a continuous period of six (6) months after Landlord’s receipt of an applicable Abatement Event notice, then Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware terminate this Lease by notice to Landlord (the “Abatement Event Termination Notice”), effective as of a date set forth in the Common Area glass washing facility between Abatement Event Termination Notice (the hours of 7:30 a.m. and 4:00 p.m. daily “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than ten (excluding non-10) business days); provided that days following the date such Abatement Event Termination Notice was delivered to Landlord. Notwithstanding anything set forth to the contrary in this Section 17.3, Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves have the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as terminate this Lease otherwise provides under this Section 17.3 only if Tenant is not then in economic or as to material non-economic default under this Lease beyond any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, applicable notice and in compliance with the requirements cure period expressly set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of (a) Landlord agrees to provide water, gas and electricity service connections to the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this LeaseBuilding. Tenant shall pay for to bring such utilities to the Premises and services, and for all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems)water, gas, heat, light, power, telephone, internet servicesewer, cable television, other telecommunications sprinkler charges and other utilities supplied to and services used on or from the Premises, together with any feestaxes, penalties, surcharges or the like pertaining thereto and taxes thereon as a reasonable proportion (any maintenance charges for utilities. To the extent possible, all utility services will be separately metered to the Premises; provided that all utilities shall remain in Landlord’s name. Other than telephone service, which shall be equitably determined contracted for directly by Landlord) Tenant, all costs associated with the provision of all charges utility services to the Premises will be billed directly by Landlord to Tenant and paid by Tenant within 30 days after receipt of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expensesbilling. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant Landlord shall have the right at any time and from time-to-time during the Lease Term to use designate the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 provider of electrical service to the Project as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, wiring, and any other machinery within the Premises. Tenant’s use of electrical services shall not be liable forexceed in voltage, nor shall any eviction of Tenant result fromrated capacity, or overall load that which is standard for the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruptionBuilding. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building standard, Landlord may refuse to consent to such failureusage or may consent upon such conditions as Landlord reasonably elects, and all such additional usage shall be paid for by Tenant as long Additional Rent. (b) Except as such otherwise expressly provided herein, the failure is not attributable by Landlord to any extent to furnish utility services, or the gross negligence interruption or intentional misconduct termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, force majeure, unavailability of utilities from a service provider, interruptions of utilities caused by repairs, construction, or any other causes beyond the reasonable control of Landlord or any of its agents or employees. Tenant shall not render Landlord liable in any respect nor be entitled to termination construed as an eviction of this Lease or any abatement or reduction of RentTenant, nor shall Tenant be relieved cause an abatement of rent, nor relieve Txxxxx from the operation of obligation to fulfill any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, hereof. Should any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device equipment or machinery used in the Premises (includingprovision of such services for any cause cease to function properly, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated Landlord shall use reasonable diligence to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide repair such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operationsmachinery but, then Tenant shall first procure Landlord’s consent for the use thereofexcept as otherwise expressly provided herein, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have no claim for offset or abatement of rent or damages on account of an interruption in service thereby or resulting therefrom. Tenant shall have primary responsibility for security with respect to the right to have Landlord’s agent perform autoclave and glass washing services Premises. Office of the General Counsel Industrial Lease for Energy Research Park (ERP) 5 OGC-S-2017-04 Created 09.30.2016 (c) Landlord shall, at Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. sole cost and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to expense, provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord janitorial service to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service office areas of the elevator, plumbing, ventilation, air conditioning Premises and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or contract for trash removal and pest control for the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any office areas of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for Premises. Janitorial service and trash removal within the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion laboratory areas of the Premises is rendered untenantable due to not provided by the failure Landlord and is the sole responsibility of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant. Tenant shall not be responsible reimburse Landlord for payment such services within thirty (30) days after receipt of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsan invoice therefor. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. 16.1 Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized deionized and other treated water systemsfacilities serving only the Demised Premises), gas, heat, light, power, telephone, internet service, cable television, other telecommunications telephone and other utilities supplied to the Demised Premises, together with any fees, surcharges and taxes thereon as thereon. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion (to be equitably determined by Landlord) Landlord of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 16.2 Landlord shall not be liable for, for nor shall any eviction of Tenant result from, from the failure to furnish any such utility or service, service whether or not such failure is caused by Force Majeure; providedaccident, howeverbreakage, that Landlord hereby represents and warrants that as repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the date exercise of this Leasereasonable diligence or by any other cause, including the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry negligence of Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. In the event that Landlord fails to make a repair that Landlord is obligated to make pursuant to the terms of this Lease and as a result Tenant is substantially interfered with or interrupted in conducting its business in the Demised Premises, or if such failure might adversely affect the health or safety of any animals being used in the Demised Premises or the integrity of any experiments or studies being conducted on any such animals, Tenant, at its sole cost and expense (unless such repair was an obligation of Landlord pursuant to Section 18.1 that was not includible as an Operating Expense, or unless such repair was a capital expenditure in excess of $75,000.00 that would have been amortized as an Operating Expense pursuant to Section 7.1(b), in either of which events Landlord shall reimburse Tenant in an amount equal to the reasonable costs paid by Tenant to make such repair promptly following a request by Tenant for reimbursement accompanied by copies of all invoices paid by Tenant), shall have the right to make such repair. In the event that Tenant makes any such repair Tenant shall give Landlord prompt notice of Tenant’s repair and Tenant shall deliver to Landlord copies of all invoices paid by Tenant to effect any such repair. 17.3 16.3 Tenant shall pay for, prior to delinquency of payment therefordelinquency, any utilities and services that which may be furnished to the Demised Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 16.4 Tenant shall not, without Landlord’s the prior written consentconsent of Landlord, use any device in the Premises (Demised Premises, including, but without limitation, data processing machines) that , which will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building (as proportionately allocated to the Premises such capacity may be increased based upon improvements by Landlord or Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent ). Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided acknowledges that Tenant shall xxxx and inventory be entitled to install an additional tunnel/cage washer in the Demised Premises. 16.5 Landlord shall make a commercially reasonable effort to require that other tenants of the Building do not make any items provided to Landlordunreasonable noise or vibrations which may unreasonably disturb Tenant’s agent use of the Demised Premises for washing; and further provided the Permitted Use, provided, however, that Landlord shall cause its agent not be liable to provide Tenant for damages for the failure of any other tenant to comply with the requirements of such autoclave and glass washing services in a manner consistent tenant’s lease or with customary levels of quality and timeliness for such services in the San Diego marketapplicable laws. 17.6 16.6 Utilities and services provided by Landlord to the Premises that which are separately metered to the Demised Premises shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease16.1. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications telephone and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as thereon. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating Expenses or, in the alternative, Landlord may, at its option, monitor the Project usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and be paid by Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basisas Additional Rent. 17.2 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, from the failure to furnish any such utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; governmental regulation, moratorium or other governmental action; or Landlord’s inability, despite the exercise of reasonable diligence or by any other cause, including Landlord’s gross negligence, to furnish any such utility or service (collectively, “Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption”). In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 16.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 16.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 2.12 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 16.5. If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease15.1. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (thereon. If any such utility is not separately metered to be equitably determined by Landlord) Tenant, Tenant shall pay Tenant’s Share of all charges of such utility jointly metered with other premises as part Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. To the extent that Tenant uses more than Tenant’s Pro Rata Share of Operating Expenses. any utilities, then Tenant shall pay Landlord Tenant’s employees operating at Share of Operating Expenses to reflect such excess. In the event that one of the Buildings or the Project shall have is less than fully occupied, Tenant acknowledges that Landlord may extrapolate utility usage that vary depending on the non-exclusive right to reasonable use occupancy of the BuildingBuildings or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Buildings or Project (as applicable) that is occupied, then multiplying (y) the resulting quotient by (z) ninety-five percent (95%) of the total Rentable Area of the Buildings or Project (as applicable). Tenant shall pay Tenant’s workout room Share of the product of (y) and (z), subject to each employee’s and Tenant’s execution adjustment based on actual usage as reasonably determined by Landlord; provided, however, that Landlord shall not recover more than one hundred percent (100%) of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basissuch utility costs. 17.2 15.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry ”) or Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruptionnegligence. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease; provided, however, if such interruption is the result of Landlord’s gross negligence or willful misconduct and continues for ten (10) consecutive business days, Tenant shall be entitled to an abatement or reduction of rent proportionate to the portion of the Premises as to which Tenant’s use is interrupted, to the extent such interruption persists. 17.3 15.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. 17.4 15.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Buildings or Project (as applicable) beyond the existing capacity of the Buildings or the Project usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the BuildingBuildings’ or Project’s (as applicable) capacity to provide such utilities or services. 17.5 15.5. If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building Buildings or the Project by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. 15.6. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Upon Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities demand, utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 15.7. Landlord shall provide water in Common Areas for lavatory purposes only, which water shall be from the local municipal or similar source; provided, however, that if Landlord determines that Tenant requires, uses or consumes water for any purpose other than ordinary lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of such meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, 15.8. Landlord reserves the right right, upon reasonable, prior written notice to Tenant absent exigent circumstances in which the giving of such notice is not reasonably possible, to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirablereasonably necessary, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or Landlord’s negligence; a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, supply; or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. If any such repairs, alterations or improvements might require or cause an interruption in electrical service to the Premises or any portion thereof, Landlord will give to Tenant at least three (3) business days prior written notice whenever practicable. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all Majeure or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systemsnegligence. 17.9 15.9. For the Premises, Landlord Tenant shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premisesprovides) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 every day during the Term, subject to casualty, eminent domain or 366 days a yearas otherwise specified in this Article. Notwithstanding anything to the contrary in this Section, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment in compliance HVAC services. If requested in writing by Landlord, Tenant shall provide Landlord copies of HVAC maintenance contracts and HVAC maintenance reports on a quarterly basis. In the event Landlord determines that Tenant is not properly maintaining the HVAC, Landlord may take over the responsibilities in (a) and (b) above. 15.10. For any utilities serving the Premises for which Tenant is billed directly by such utility provider, Tenant agrees to furnish to Landlord (a) any invoices or statements for such utilities within thirty (30) days after Tenant’s receipt thereof and (b) within thirty (30) days after Landlord’s request, any other utility usage information reasonably requested by Landlord. Tenant shall retain records of utility usage at the Premises, including invoices and statements from the utility provider, for at least sixty (60) months, or such other shorter period of time as may be requested by Landlord. Tenant acknowledges that any utility information for the Premises, the Buildings and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In the event that Tenant fails to comply with this Section, Tenant hereby authorizes Landlord to collect utility usage information directly from the applicable utility providers. 15.11. Subject to the provisions of this Article, Landlord shall furnish the electric energy that Tenant shall reasonably require in the Premises for the purposes permitted under this Lease. Except for electric energy required to operate motors on the air handlers providing HVAC (the “HVAC Electric”), such electric energy shall be furnished through a meter or meters and related equipment installed, serviced, maintained, monitored and, as appropriate from time to time, upgraded by Landlord, in each case at Tenant’s expense, measuring the amount of electric energy furnished to the Premises. Tenant shall pay for electric energy (for which it is liable for payment under this Article) in accordance with Sections 15.1 and 15.10 within ten (10) days after receipt of any bills related thereto. The amount charged for electric energy furnished to the Premises, excluding HVAC Electric, shall be one hundred percent (100%) of Landlord’s cost (including those charges applicable to or computed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to Landlord by such public utility company, fuel rate adjustments and surcharges, weighted in each case to reflect differences in consumption or demand applicable to each rate level). Tenant and its authorized representatives may have access to such meter or meters (if any) on at least three (3) days’ prior notice to Landlord for the purpose of verifying Landlord’s meter readings (if any). From time to time during the Term, Landlord may, in its sole discretion, (a) install or eliminate such meters, (b) increase or reduce the number of such meters, (c) vary the portions of the Premises that such meters serve or (d) replace any or all of such meters. 15.12. If, pursuant to Applicable Law, the charges to Tenant pursuant to Section 15.10 shall be reduced below that to which Landlord is entitled under such Section, the deficiency shall be paid by Tenant within ten (10) days after being billed therefor as additional rent for the use and maintenance of the electric distribution system of the Buildings. 15.13. In no event shall Landlord be liable to Tenant for any failure or defect in the supply or character of electric energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Project with electric energy, or for any other reason not attributable to Landlord’s gross negligence or willful misconduct. 15.14. Tenant, at its sole cost, shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises. 15.15. Tenant’s use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to ensure that such capacity is not exceeded, and to avert a possible adverse effect upon the Project’s distribution of electricity via the Project’s electric system, Tenant shall not, without Landlord’s prior written consent in each instance (which consent Landlord may condition upon the availability of electric energy in the Project as allocated by Landlord to various areas of the Project) connect any fixtures, appliances or equipment (other than normal business machines) to the Buildings’ or Project’s electric system or make any alterations or additions to the electric system of the Premises existing on the date hereof. Should Landlord grant such consent, all additional risers, distribution cables or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand (or, at Tenant’s option, shall be provided by Tenant pursuant to plans and contractors approved by Landlord, and otherwise in accordance with the provisions of this Lease). Landlord shall have the right to require Tenant to pay sums on account of such cost prior to the installation of any such risers or equipment. 15.16. Throughout the Term, Tenant shall have a non-exclusive license to a portion of the Utility Yard as depicted on the attached Exhibit A (the “Utility Yard”), solely for the purpose of installing, maintaining and operating thereon (all at Tenant’s sole cost) certain equipment necessary for Tenant’s use of the Premises. Prior to the installation of any equipment in the Utility Yard, Tenant shall provide to Landlord a detailed listing and description of the equipment, together with a plat showing the proposed location thereof. Any equipment in the Utility Yard shall not emit any noise, vibrations, fumes, or other substances, or would otherwise cause any nuisance or disturbance to Landlord or any other tenant. The types and locations of the equipment to be installed shall be subject to Landlord’s reasonable approval. Tenant shall screen, fence or otherwise enclose Tenant’s approved equipment at its sole cost in accordance with Applicable Laws and the reasonable requirements of Landlord. The portion of the Utility Yard used by Tenant shall form a part of the Premises (except that such area shall not be included for calculation of the square footage of the Premises) and shall be governed and subject to all of the restrictions, indemnification obligations, use requirements and other terms and provisions of the Lease applicable to the Premises. Under no circumstances shall Tenant install any underground storage tanks or other equipment utilizing Hazardous Materials without Landlord’s prior written consent, and otherwise on the terms and conditions set forth in Article 23 20. Tenant acknowledges and agrees that a portion of this Leasethe Utility Yard may be needed by other tenants of the Project, and therefore agrees to reasonably cooperate with Landlord in allowing the use of and access to the Utility Yard by such other tenants. Tenant additionally agrees to relocate, consolidate or otherwise adjust its usage of the Utility Yard to accommodate the needs of Landlord and other tenants of the Project from time to time upon reasonable notice from Landlord. Under no circumstances shall Tenant’s use of the Utility Yard interfere with any operations of Landlord or any other tenant of the Building or the Project.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. 16.1 Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized deionized and other treated water systemswater), gas, heat, light, power, telephone, internet service, cable television, other telecommunications telephone and other utilities supplied to the Demised Premises, together with any fees, surcharges and taxes thereon thereon. All such utilities shall be separately metered to Tenant as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basisTerm Commencement Date. 17.2 16.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any such utility or service, service whether or not such failure is caused by Force Majeure; providedaccident, howeverbreakage, that Landlord hereby represents and warrants that as repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the date exercise of this Lease, reasonable diligence or by any other cause except the emergency generator and UPS system serving willful misconduct or the Building are operable and have sufficient capacity to carry gross negligence of Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 16.3 Tenant shall pay fordirectly to the applicable utility or service provider, prior to delinquency of payment therefordelinquency, for any separately metered utilities and services that which may be furnished to Tenant or the Demised Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 16.4 Tenant shall not, without Landlord’s the prior written consentconsent of Landlord, which shall not be unreasonably withheld, use any device in the Premises (Demised Premises, including, but without limitation, data processing machines) that , which will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond that for which the existing capacity Demised Premises are reasonably designed as of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or servicesTerm Commencement Date. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided 16.5 Provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent furnish Tenant with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Buildingnotice whenever reasonably possible, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary necessary, by reason of accident or desirable, due to accident, emergency or the need to make for repairs, alterations or improvements, in the good faith judgment of Landlord desirable or necessary to be made, until such said repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service service, when prevented from doing so by Force Majeure strike or a accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any federal, state, country or municipal authority or failure by a third party to deliver gas, oil or another other suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another other suitable fuel. Without limiting the foregoing, it It is expressly understood and agreed that any covenants on Landlord’s 's part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeurea strike or labor trouble or any other cause whatsoever. Notwithstanding the foregoing, if all Landlord, in exercising its rights hereunder, shall use commercially reasonable efforts to minimize any disruption to or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance interference with the requirements set forth in Article 23 conduct of this LeaseTenant's business.

Utilities and Services. 17.1 As part Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the premises as of the Operating Expensescommencement date of this lease. Such utilities presently include heat, Landlord hot water and electricity. In the instance the Tenant requires additional utilities or equipment, the installation and maintenance thereof shall provide those utilities and services set forth on Exhibit B be the Tenant's sole obligation, provided that such installation shall be subject to this Leasethe written consent of the Landlord. Tenant shall pay for such utilities provide at its sole cost and services, expense janitorial and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied sanitation services to the Leased Premises, together with any fees, surcharges . In exchange for the landlord providing janitorial services to the Leased Premises the tenant agrees to grant landlord access to and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part use of Tenant’s Pro Rata Share of Operating Expensesconfidential shredding service. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution Limitations of Landlord’s standard form Liability. Unless caused by an act or omission, or the negligence of liability waiver and release)the Landlord, and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable forfor any damage to, nor shall or loss of, property in the Leased Premises belonging to Tenant, its employees, agents, visitors, licensees or other persons in or about the Leased Premises, or for damage or loss suffered by the business of Tenant, from any eviction cause whatsoever, including, without limiting the generality thereof, such damage or loss resulting from fire, steam, smoke, electricity, gas, water, rain, ice or snow, which may leak or flow from or into any part of Tenant result fromthe Leased Premises, or from the failure to furnish any utility breakage, leakage, obstruction or serviceother defects of the pipes, wires, appliances, plumbing, air-conditioning or lighting fixtures of the same, whether the said damage or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of injury results from conditions arising upon the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants Leased Premises or upon other portions of the Building of which the Leased Premises are a part, or from other sources. Landlord shall not be liable in any manner to Tenant, its agents, employees, invitees or visitors for any injury or damage to Tenant, Tenant’s agents, employees, invitees or visitors, or their property, caused by the event criminal or intentional misconduct, or by any act or neglect of a power interruptionthird parties or of Tenant, Tenant’s agents, employees, invitees or visitors, or of any other tenant of the Premises. In no event shall Landlord be liable to Tenant for any consequential damages sustained by Tenant arising out of the event loss or damage to any property of such failure, as long as such failure is not attributable to Tenant other than the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this LeaseLandlord. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall xxxx and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.