Common use of Existing Generator Clause in Contracts

Existing Generator. Tenant shall have the exclusive right to use and control the existing emergency electrical generator and related equipment (all such equipment defined collectively as the “Emergency Generator”) serving the Buildings. The Emergency Generator is being provided in its currently-existing, “as is” condition, and neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Emergency Generator. Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Emergency Generator, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the premises and any and all income derived or derivable therefrom. Tenant shall not be charged any additional rental or other costs for the use of the location in which the Emergency Generator is located. Tenant shall maintain and repair the Emergency Generator in good condition and repair, and in compliance with all applicable laws (including the maintenance of all applicable permits), at Tenant’s sole cost and expense during the Lease Term. Tenant’s obligations with respect to the Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply to Tenant’s use of the Emergency Generator and Tenant shall be provide to carry industry standard Boiler and Machinery insurance covering the Emergency Generator. Tenant shall surrender the Emergency Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with the Emergency Generator during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in the same condition as the Emergency Generator were in as of the date hereof, reasonable wear and tear excepted, with all permits current. [Signatures on next page.] IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed the day and date first above written. LANDLORD: TENANT: BRITANNIA GATEWAY II LIMITED PARTNERSHIP, a Delaware limited partnership SOLAZYME, INC., a Delaware corporation By: HCP Biotech Gateway Incorporated, its General Partner By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, CEO ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ Its: Executive Vice President By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Its: CFO/COO EXHIBIT A -1- [▇▇▇▇▇▇▇▇▇ BIOTECH GATEWAY] [Solazyme, Inc.] This Tenant Work Letter shall set forth the terms and conditions relating to the improvement of the Premises by Tenant following the Lease Commencement Date, and is hereby incorporated by this reference into and forms a part of the Lease. Terms not defined herein shall have the meanings given to them in the Lease.

Existing Generator. Tenant shall have the exclusive right to use and control the existing emergency electrical generator and related equipment (all such equipment defined collectively as the “"Emergency Generator”") serving the Buildings. The Emergency Generator is being provided in its currently-existing, “as is” condition, and 726334.04/WLA183305-00001/10-27-14/ejs/ejs 39 [▇▇▇▇▇▇▇▇▇ BIOTECH GATEWAY][Solazyme, Inc.] neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Emergency Generator. Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Emergency Generator, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the premises and any and all income derived or derivable therefrom. Tenant shall not be charged any additional rental or other costs for the use of the location in which the Emergency Generator is located. Tenant shall maintain and repair the Emergency Generator in good condition and repair, and in compliance with all applicable laws (including the maintenance of all applicable permits), at Tenant’s 's sole cost and expense during the Lease Term. Tenant’s 's obligations with respect to the Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply to Tenant’s 's use of the Emergency Generator and Tenant shall be provide to carry industry standard Boiler and Machinery insurance covering the Emergency Generator. Tenant shall surrender the Emergency Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with the Emergency Generator during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in the same condition as the Emergency Generator were in as of the date hereof, reasonable wear and tear excepted, with all permits current. [Signatures on next page.] IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed the day and date first above written. LANDLORD: TENANT: BRITANNIA GATEWAY II LIMITED PARTNERSHIP, a Delaware limited partnership SOLAZYME, INC., a Delaware corporation By: HCP Biotech Gateway Incorporated, its General Partner By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, CEO ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ Its: Executive Vice President By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Its: CFO726334.04/COO EXHIBIT A -1- WLA183305-00001/10-27-14/ejs/ejs 40 [▇▇▇▇▇▇▇▇▇ BIOTECH GATEWAY] [SolazymeGATEWAY][Solazyme, Inc.] This Tenant Work Letter shall set forth the terms and conditions relating to the improvement of the Premises by Tenant following the Lease Commencement Date, and is hereby incorporated by this reference into and forms a part of the Lease. Terms not defined herein shall have the meanings given to them in the Lease.]

Existing Generator. Tenant shall have the exclusive right to use and control the existing emergency electrical approximately 150 KW diesel engine-driven Cummins generator set and related equipment (all such equipment defined collectively as the “"Emergency Generator”") serving the BuildingsPremises. The Emergency Generator is being provided in its currently-existing, “"as is” " condition, and neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Emergency Generator. Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Emergency Generator, or the failure of the Emergency Generator to provide suitable or adequate back-up power, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the premises and any and all income derived or derivable therefrom. Tenant shall not be charged any additional rental or other costs for the use of the location in which the Emergency Generator is located. Tenant shall maintain and repair the Emergency Generator in good condition and repair, and in compliance with all applicable laws (including the maintenance of all applicable permits), at Tenant’s 's sole cost and expense during the Lease Term. Tenant’s 's obligations with respect to the Premises, including the insurance and indemnification obligations contained in Article 10, belowthis Lease, shall apply to Tenant’s 's use of the Emergency Generator and Tenant shall be provide to carry industry standard Boiler and Machinery insurance covering the Emergency Generator. In addition, Tenant shall surrender indemnify, defend, protect, and hold harmless Landlord and the Landlord Parties from any and all loss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys' fees) incurred in connection with or arising from any cause related to or connected with the use, operation, repair and/or removal of the Emergency Generator (and shall transfer to Landlord all permits maintained by and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Emergency Generator during the Lease Term) concurrent with the surrender Generator, or any breach of the Premises to Landlord as required hereunder terms of this Section 8.4. The Emergency Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the same condition as Building. Tenant shall be entitled to operate the Emergency Generator were in as of the date hereof, reasonable wear for testing and tear excepted, with all permits current. [Signatures on next page.] IN WITNESS WHEREOF, regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. The rights granted to Tenant have caused under this Lease to Section 8.4 shall be executed the day and date first above written. LANDLORD: TENANT: BRITANNIA GATEWAY II LIMITED PARTNERSHIP, a Delaware limited partnership SOLAZYME, INC., a Delaware corporation By: HCP Biotech Gateway Incorporated, its General Partner By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, CEO ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ Its: Executive Vice President By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Its: CFO/COO EXHIBIT A -1- [▇▇▇▇▇▇▇▇▇ BIOTECH GATEWAY] [Solazyme, Inc.] This Tenant Work Letter shall set forth the terms and conditions relating personal to the improvement Original Tenant and any Permitted Transferee (and may not be utilized by or assigned to any other assignee, sublessee or transferee). Following the expiration or earlier termination of this Lease, Tenant shall remove the Premises by Tenant following Generator and all related facilities and equipment (including, without limitation, the Lease Commencement DateGenerator's pad and enclosure, and is hereby incorporated by this reference into and forms a part if any) prior to the expiration or earlier termination of the Lease, and repair all damage to the Building and/or Project resulting from such removal (including, without limitation, all penetrations) and restore all affected areas to their condition existing prior to the installation of the Generator, all at Tenant's sole cost and expense. Terms not defined herein The terms set forth in this Section 8.4 shall have survive the meanings given to them in the termination or earlier expiration of this Lease.