Common use of Option to Extend Clause in Contracts

Option to Extend. Provided that at the time of exercise and at all times prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. 13.1 Provided that at the time of exercise and at all times prior to the commencement of the subject Extended TermTenant is not then in default hereunder beyond applicable cure periods, if any, Tenant shall not be in default under this Lease or otherwise failed have the option (the "Extension Option") to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each five (individually5) years commencing on August 1, the “Extension Option”2011 and expiring on July 31, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter 2016 (the “First Extended "Extension Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”"). The Extension Options Option may be exercised by Tenant delivering to Landlord written notice thereof (the "Tenant Extension Notice") not earlier than February 1, 2010 and not later than July 31, 2010. The Extension Term shall be exercisable upon all of the same terms, covenants and conditions of this Lease as follows: are in effect upon Tenant's exercise of such Extension Option, except (1i) The as to Annual Fixed Rent, which shall be determined as set forth below, and (ii) that Tenant shall have no further extension rights unless otherwise agreed to in writing by Landlord. Notwithstanding any provision herein to the contrary, the Extension Option shall be null and void upon the same material terms and conditions contained in this Lease, except that occurrence of any of the following events: (i) Tenant's failure to exercise the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined within the aforementioned time period in accordance with the manner provisions set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option)herein, or (ii) Tenant assigning its interest in this Lease, or (iii) Tenant at the expiration time of such exercise having subleases in effect which total more than 25% of the First Extended square footage in the Building. 13.2 If Tenant exercises the Extension Option as provided in Section 13.1 above, then the annual fixed rental (Rent), as described in Section 2.1 of this Lease and in Exhibit 1 to this Lease, for the Extension Term shall be the greater of (i) $2,875,037 or (ii) the Fair Market Rent. As used herein, the term "Fair Market Rent" means the Annual Fixed Rent as to the second Extension Optiondetermined: (i) (the “Extension Notice”). Within by agreement between Landlord and Tenant, negotiating in good faith, no later than thirty (30) days of Landlord’s receipt after Tenant's timely exercise of the Extension NoticeOption, or (ii) if Landlord and Tenant shall send Tenant written notice of Landlord’s determination of not have agreed upon the Fair Market Rent by said date as aforesaid (an "Impasse"), then Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes Extension Term shall be fixed by means of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities an Appraisers' Determination as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termdefined below.

Option to Extend. Provided (i) Tenant (as used in this Section 16.16, the term "Tenant" shall also include any Permitted Transferee that succeeds to Tenant's interest under Article 11, above) is not in Default hereunder at the time it exercises this option, (ii) the creditworthiness of exercise and at Tenant is no less than on the date hereof, (iii) Tenant originally named herein remains in possession of all times prior to the commencement or substantially all of the subject Extended TermLeased Premises, Tenant shall not be in default under this Lease or otherwise failed have the option to have timely performed all extend the Original Term for three (3) successive periods of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two five (25) extension options for an additional period of 60 months years each (individually, the “"Extension Option”, and collectively, the “Extension Options”Term(s). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”"). The Extension Options shall be exercisable as follows: (1) The Extension Option Term shall be upon the same material terms and conditions contained in this Lease, the Lease during the initial Lease Term (the "Original Term") except that (i) the initial Monthly Base Rent for the Premises this provision giving five (5) extension options shall be equal amended to reflect the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below remaining options to extend, if any and (ii) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord exercise such option by (i) delivering to repaintLandlord, remodel, repair, improve or alter the Premises no later than sixteen (subject, however, to the terms of Section 8.1 of this Lease). (216) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Original Term or, if applicable, the Extension Term, written notice of Tenant's desire to extend the Original Term or, if applicable, the Extension Term, and (as ii) delivering to Landlord within fifteen (15) business days of receipt of the first Extension OptionRent Adjustment, written notice of its rejection thereof (which rejection shall terminate Tenant's option to extend), or (ii) the expiration that Tenant disputes Landlord's determination of the First Extended Term Rental Adjustment and shall include Tenant's good faith determination of what the Rental Adjustment should be. In the case of a notice disputing the Rental Adjustment, Landlord and Tenant shall mutually work together for a period of ten (as 10) days to resolve the second Extension Option) (dispute and, if unable to agree upon the “Extension Notice”). Within Rental Adjustment within said period, Landlord and Tenant shall in good faith participate in non-binding arbitration of the Rental Adjustment for a period of thirty (30) days. Unless Landlord otherwise agrees in writing, Tenant's failure to timely exercise such option shall waive it and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than sixty (60) days after receipt of Landlord’s receipt Tenant's exercise of its option. If Tenant properly exercises its option to extend, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Term. The Minimum Annual Rent for the Premises (applicable Extension Term shall be an amount equal to the “Fair Market Minimum Annual Rent Notice”). For purposes then being quoted by Landlord to prospective tenants of this Sectionthe Building for space of comparable size and quality and with similar or equivalent improvements as are found in the Building, and if none, then in similar buildings in the term “Fair Market Rent” shall mean the base rental ratevicinity, periodic rental rate adjustment excluding free rent and other charges concessions. The Minimum Monthly Rent shall be an amount equal to one-twelfth (1/12) of the Minimum Annual Rent for the Extension Term and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists paid at the same time of exercise of such Extension Option or at and in the time of commencement of same manner as provided in the subject Extended TermLease.

Option to Extend. Provided On the conditions (which conditions LESSOR may waive, at its election, by written notice to LESSEE at any time) that at LESSEE is not in default of its covenants and obligations under the Lease beyond applicable notice and cure periods, both as of the time of exercise of the Option to Extend, as hereinafter defined, and at all times prior to the commencement of the subject Extended TermExtension Period, Tenant as hereinafter defined, then LESSEE shall not be in default under this Lease or otherwise failed have the right to have timely performed all extend the term hereof (the “Option to Extend”) for one additional term of Tenant’s obligations under this Leasefive years, the Term of this Lease shall be subject to two ending on March 31, 2019 (2) extension options for an additional period of 60 months each (individually, the “Extension Option”Period’), and collectively, the “Extension Options”). The first Extension Option shall to commence as of immediately upon the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension then current term. LESSEE may exercise such Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord Extend by giving written notice to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) LESSOR (the “Extension Notice”)) on or before the date which no less than twelve (12) months prior to the expiration of the then current Term. Within Such Extension Period shall be upon the same terms and conditions of this Lease, except that the Base Rent payable shall be set at the then fair market effective rent for the Leased Premises. In no event, however, shall the Base Rent be less than the then-current Base Rent at the expiration of the current Term. For the purpose of this Section, fair market effective rent shall mean the Base Rent plus such additional financial terms in the nature of rent and rent adjustments customarily then being included in leases for similar space within the greater Waltham area. LESSEE shall, during the Extension Period, continue to pay its proportionate share of LESSOR’s Real Estate Taxes and Operating Costs. Said fair market effective rent for the Leased Premises shall be agreed upon by LESSOR and LESSEE; provided, however, if LESSOR and LESSEE are unable to agree on said fair market effective rent within thirty (30) days of Landlord’s receipt the date of the Extension Notice, Landlord said fair market effective rent shall send Tenant written notice of Landlord’s determination be conclusively determined by three (3) appraisers. Within fifteen (15) days of the Fair Market Rent for expiration of such thirty (30) day period, LESSOR and LESSEE shall each select an appraiser, who shall select a third. Should the Premises two appraisers fail to agree on a third within fifteen (15) days of the “Fair Market Rent Notice”)date on which such appraisers have been appointed, or if either LESSOR or LESSEE shall fail to appoint an appraiser within the time provided, such appraiser shall be appointed by the American Institute of Appraisers. For purposes Each party shall bear the cost of this Sectionthe appraiser selected by such party, and the cost of the third appraiser shall be shared equally by LESSOR and LESSEE. If the three appraisers are unable to agree upon such fair market effective rent within fifteen (15) days of the appointment of the third appraiser, the term “Fair Market Rent” fair market effective rent shall mean be that determined by the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and appraiser not sublease) to new selected by either LESSOR or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended TermLESSEE.

Option to Extend. Provided that at the time of exercise and at all times prior to the commencement of the subject Extended TermTenant is not in default in its obligations hereunder beyond any applicable cure period, Tenant shall not be in default under have the option to extend this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Leasefor one additional successive term (hereinafter referred to, as applicable, as the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be commencing immediately upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term hereof and continuing for a period of five (as 5) years, provided that Tenant proceeds strictly in accordance with the provisions of this Article 35. On or before the date that is one hundred twenty (120) prior to the first Extension Option), or (ii) Expiration Date for the expiration of the First Extended Term (as to the second Extension Option) (the “Notice Date”), Tenant shall advise Landlord in writing that Tenant wishes to extend the term of this Lease (hereinafter referred to as “Tenant’s Extension Notice”). Within If at the time Landlord receives Tenant’s Extension Notice this Lease is in full force and effect without default on the part of the Tenant beyond any applicable cure period, then, during the next thirty (30) days of Landlord’s receipt of the Extension Noticedays, Landlord shall send notify Tenant written notice of Landlord’s determination in writing of the Fair Market Base Rent pursuant to Article 3 of the Lease which shall be due for the Premises Extended Term. The Base Rent specified by Landlord shall be equal to the greater of: (a) the Base Rent scheduled to be paid for the last year of the Term without giving effect to any partial or complete abatements of Base Rent (the “Fair Market Rent Notice”). For purposes ; or (b) ninety five percent (95%) Landlord’s projected fair market Base Rent as of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term, for comparable space in comparable buildings in New Haven (the “FMV Rent Notice”).

Option to Extend. Provided that at 29.35.1 Tenant is hereby granted one (1) option to extend the time initial Lease Term (the “Option to Extend”) for a period of three (3) years (the “Option Term”). Upon the proper exercise and at all times prior to the commencement of the subject Extended Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant shall not be is in default under this Lease or otherwise failed beyond any applicable notice and cure period. (a) The Option to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease Extend shall be subject to two (2) extension options for an additional period exercised by Tenant, if at all, by giving written Notice of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter exercise (the “First Extended TermOption Exercise Notice”), ) not more than twelve (12) months and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no not less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, CaliforniaExpiration Date. Notwithstanding anything herein to the contrary contained hereincontrary, in the subject Extension event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall automatically terminate be null and be void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at as of the time of exercise of such Extension Option or at the time of commencement of the subject Extended Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Option to Extend. (a) Provided that at the time of exercise and at all times prior to the commencement of the subject Extended Term, Tenant shall is not be then in default of its obligations under this Lease beyond any applicable cure or otherwise failed to have timely performed all of Tenant’s obligations under this Leasegrace period, the Term of this Lease Landlord shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of at the expiration of the Initial Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term and expire on the date that is 60 full calendar months thereafter for a further term of five (5) years (the “First Extended Extension Term”), and the second Extension Option shall commence as of ) from the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, Lease except that (i) extension options and the initial Monthly Annual Base Rent for to be paid during the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject First Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)Term. (2b) Tenant’s election to exercise an Extension Option must be given to Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) shall at the expiration of the First Extended Term Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (as 12) months prior to the second expiration of the First Extension OptionTerm, extend the First Extension Term for a further term of five (5) years (the “Second Extension NoticeTerm”). Within thirty (30) days of Landlord’s receipt from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Notice, Landlord Term. (c) The Annual Base Rent during any Extension Term shall send Tenant written notice of Landlord’s determination of be the Fair Current Market Rent for the Premises Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality 3) months prior to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise commencement of such Extension Option or Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the time of commencement of the subject Extended TermPrime Rate.

Option to Extend. Provided that at the time of exercise and at all times prior (a) Subject to the commencement of the subject Extended Termterms hereof, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, if (i) during the Term of this the Lease shall be subject to two there exists no Default of Tenant hereunder (2) extension options for an additional period or any event or circumstance which, with the giving of 60 months each (individually, notice or the “Extension Option”passage of time, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”all cure rights permitted, would constitute a Default of Tenant), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept not have assigned the Premises Lease or sublet all or any portion of the Premises, and then actually occupies the entire Premises, and (iii) the Lease is still in an “as is” condition without full force and effect (any obligation and all of which conditions are for the benefit of, and may be waived by, Landlord), Tenant shall have the right to extend the Term of this Lease for one extended term (the "Extended Term") of five (5) years. The Extended Term shall commence on July 1, 2025, and shall end at 11:59 p.m., Boston time, on June 30, 2030. Tenant shall exercise such option to extend by giving written notice to Landlord not later than June 30, 2024. The giving of such notice by Tenant shall automatically and irrevocably extend the Term of the Lease for the Extended Term, and no instrument of renewal need be executed. In the event that Tenant fails to repaintgive such notice to Landlord, remodelthe Lease shall automatically terminate on June 30, repair2025, improve or alter and Tenant shall have no further option to extend the Term of this Lease, it being agreed that time shall be of the essence in the giving of such notice. The Extended Term shall be on all the terms and conditions of this Lease, except that the Annual Basic Rent for the Extended Term shall be determined pursuant to paragraph (b) hereof. (b) The Annual Basic Rent for the first year of the Extended Term shall be the Fair Market Rental Value of the Premises (subject, howeverexclusive of the cost of supplying Tenant electricity), to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration established as of the initial Term (as to the first Extension Option), or (ii) the expiration commencement of the First Extended Term (the "Determination Date"). The term "Fair Market Rental Value" shall mean the annual fixed rent that a willing tenant would pay and a willing landlord would accept, each acting in its own best interest and without duress, in an arms-length lease of the Premises as of the Determination Date. For purposes of determining the Fair Market Rental Value, during the Extended Term, the Tenant’s Share of Operating Expenses and Taxes shall be computed using updated base years, consistent with then-prevailing market practices. If Landlord and Tenant shall fail to agree upon the Fair Market Rental Value within six (6) months before the Determination Date, then Landlord and Tenant each shall give notice (the "Determination Notice") to the second Extension Optionother setting forth their respective determinations of the Fair Market Rental Value, and, subject to the provisions of paragraph (c) below, either party may apply to the then president of the Real Estate Finance Association of the Greater Boston Real Estate Board, or any successor thereto, for the designation of an arbitrator satisfactory to both parties to render a final determination of the Fair Market Rental Value. That there shall be only one arbitrator, who shall have had at least ten (10) years’ experience as a real estate broker or appraiser in the “Extension Notice”)Natick/Speen Street/Route 30 office rental market. Within The arbitrator shall conduct such hearings and investigations as the arbitrator shall deem appropriate and shall, within thirty (30) days after having been appointed, choose one of the determinations set forth in either Landlord’s receipt of the Extension or Tenant’s Determination Notice, and that choice by the arbitrator shall be binding upon Landlord and Tenant. Each party shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment pay its own counsel fees and other charges and increasesexpenses, if any, for space comparable in sizeconnection with any arbitration under this paragraph (b), location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the likeparties shall share equally all other expenses and fees of any such arbitration. The determination rendered in accordance with the provisions of this paragraph (b) shall be final and binding in fixing the Fair Market Rental Value. The arbitrator shall not have the power to add to, situated in buildings in Emeryvillemodify, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement change any of the subject Extended Termprovisions of this Lease.

Option to Extend. Provided (a) Lessor hereby grants to Lessee one (1) option, at Lessee’s election, either (1) to extend the term of this Lease with respect to the Building #16 Premises only, or (2) to extend the term of this Lease with respect to the Building #13 Premises only, or (3) to extend the term of this Lease of both the Building #16 Premises and the Building #13 Premises (whichever Lessee elects is referred to hereafter as the “Option Premises”), for one period of thirty-six (36) calendar months immediately following the expiration of the initial term of this Lease of the Building #16 Premises and the Building #13 Premises. Lessee may exercise the foregoing option to extend by giving written notice of exercise to Lessor at least five (5) months, but not more than twelve (12) months, prior to the expiration of the initial term of this Lease of Building #16 Premises and the Building #13 Premises (“the option exercise period”), time being of the essence; provided that if Lessee is currently in a state of uncured default after the expiration of notice and cure periods, if applicable (referred to herein as “in default”), under this Lease at the time of exercise of the option or on the commencement date of the option extension period, such notice shall be void and at all times prior of no force or effect. Subject to Lessee’s election with respect to the commencement of the subject Extended TermOption Premises, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Leasesaid option extension period, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individuallyif exercised, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in with respect to the Option Premises as the initial term of this Lease, including the payment by Lessee of the Operating Expenses pursuant to Paragraph 5, except that (i) the Monthly Base Rent for the Option Premises during the option period shall be determined as set forth in Paragraph 3(c) hereof, (ii) there shall be no additional option to extend, and (iii) Lessee shall accept the Option Premises in their then “as is” condition and Paragraph 13, Tenant Improvement Allowance, shall not apply to the option period. If Lessee does not exercise the option in a timely manner, the option shall lapse, time being of the essence. (b) The option to extend granted to Lessee by this Paragraph 3 is granted for the personal benefit of Pac Bio, Inc. only, and shall be exercisable only by Pac Bio, Inc. or by a “permitted transferee” under Paragraph 18(f) below. Said option may not be assigned or transferred by Pac Bio, Inc. to any assignee or sublessee other than a permitted transferee. (c) The initial Monthly Base Rent for the Option Premises during the option extension period shall be determined pursuant to the provisions of this subparagraph (c) and, subject to subparagraph (e) below, shall equal ninety-five percent (95%) of the then current fair market rental for the Option Premises on the commencement date of the option extension period as determined by agreement between Lessor and Lessee reached prior to the expiration of the option exercise period, if possible, and by the process of appraisal if the parties cannot reach agreement. Upon the written request by Lessee to Lessor received by Lessor at any time during the 30 day period prior to the expiration of the option exercise period (e.g., between December 1, 2010 and December 30, 2010 if the expiration date of the term of this Lease is May 31, 2011) and prior to the exercise by Lessee of the option to extend, Lessor shall give Lessee written notice of Lessor’s good faith opinion of the amount equal to ninety-five percent (95%) of the Fair Market Rent (as defined in Section 2.2(d)(2) below) for fair market rental value of the Option Premises as of the first month commencement of the subject Extension Option determined in option extension period. Thereafter, upon the manner set forth in Section 2.2(d)(3) below request of Lessee, Lessor and (ii) Tenant Lessee shall accept enter into good faith negotiations during the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration remainder of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt prior to the expiration of the Extension Noticeoption exercise period in an effort to reach agreement on ninety-five percent (95%) of the initial Monthly Base Rent for the Option Premises. If Lessor and Lessee are unable to agree upon the amount equal to ninety-five percent (95%) of the then current fair market rent for the Option Premises as of the commencement date of the option extension period, Landlord and thereafter, prior to the expiration of the option exercise period, Lessee exercises the option to extend, said amount shall send Tenant written notice be determined by appraisal. The appraisal shall be performed by one appraiser if the parties are able to agree upon one appraiser. If the parties are unable to agree upon one appraiser, each party shall appoint an appraiser and the two appraisers shall select a third appraiser. Each appraiser selected shall be a member of Landlord’s the American Institute of Real Estate Appraisers (AIREA) with at least five (5) years of full-time commercial real estate appraisal experience in the Menlo Park office/R&D/manufacturing rental market. If only one appraiser is selected, that appraiser shall notify the parties in simple letter form within fifteen (15) days following its selection of its determination of the Fair Market amount equal to ninety-five percent (95%) of the fair market Monthly Base Rent for the Option Premises on the commencement date of the option extension period. Said appraisal shall be binding on the parties as the appraised current ninety-five percent (95%) of the “Fair Market Rent Notice”). For purposes fair market rental” for the Option Premises which shall be based upon what a willing new lessee would pay and a willing lessor would accept at arm’s length for comparable premises in the vicinity of this Sectionthe Option Premises of similar age, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location quality of construction and quality specifications (excluding the value of any improvements to the Option Premises under a primary lease (and not subleasemade at Lessee’s cost) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable lease similar to this Lease and taking into consideration that there will be no free rent, improvement allowance, or other concessions. If multiple appraisers are selected, each appraiser shall within ten (10) days of being selected make its determination of the amount equal to ninety-five percent (95%) of the current fair market Monthly Base Rent for the Option Premises as of the commencement date of the option extension period in simple letter form. If two (2) or more of the appraisers agree on said amount, such amenities agreement shall be binding upon the parties. If multiple appraisers are selected and at least two (2) appraisers are unable to agree on said amount, the amount equal to ninety-five percent (95%) of the fair market Monthly Base Rent for the Option Premises shall be determined by taking the mean average of the appraisals; provided, that any high or low appraisal, differing from the middle appraisal by more than ten percent (10%) of the middle appraisal, shall be disregarded in calculating the average. Said initial Monthly Base Rent shall be adjusted annually on the anniversary of the commencement of the option term in the manner determined by the appraisers to be consistent with the then prevailing market practice for comparable space in the Menlo Park office/R&D/manufacturing rental market. If only one appraiser is selected, each party shall pay one-half of the fees and expenses of that appraiser. If three appraisers are selected, each party shall bear the fees and expenses of the appraiser it selects and one-half of the fees and expenses of the third appraiser. (d) Thereafter, provided that Lessee has previously given timely notice to Lessor of the exercise by Lessee of the option to extend the term of the Option Premises, Lessor and Lessee shall execute an amendment to this Lease stating that the initial Monthly Base Rent for the Option Premises during the option extension period shall be equal to ninety-five percent (95%) of the current fair market Monthly Base Rent for the Option Premises as existing improvementsof the commencement date of the option extension period, viewand adjusted thereafter if applicable, floor on which as agreed upon by Lessor and Lessee, or if the Premises are situated and parties did not agree, as determined by the like, situated in buildings in Emeryville, California. foregoing appraisal process. (e) Notwithstanding anything to the contrary contained hereinin subparagraph (c) above, in no event shall the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists Monthly Base Rent at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termoption extension period be less than the Monthly Base Rent for the Option Premises in effect immediately prior to the commencement of the option extension period. (f) As used in this Lease “term” or “term of this Lease” shall include the initial term and the option extension period, if exercised.

Option to Extend. (a) Provided that that, at the time of each such exercise, (i) this Lease is in full force and effect, and (ii) no Event of Default shall have occurred and be continuing (either at the time of exercise or at the commencement of an Extended Term), Tenant shall have the right and at all times option to extend the Term of this Lease for two (2) extended terms (collectively, the “Extended Terms”) of five (5) years each by giving written notice to Landlord not later that twelve (12) months (nor earlier than eighteen (18) months) prior to the commencement expiration date of the subject Term then in effect. The effective giving of such notice of extension by Tenant shall automatically extend the Term of this Lease for the applicable Extended Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails timely to give such notice to Landlord, this Lease shall automatically terminate at the end of the Term then in effect, and Tenant shall have no further option to extend the Term of this Lease. Each Extended Term shall commence on the date immediately succeeding the expiration date of the original Term of the preceding Extended Term, as the case may be, and shall end on the day immediately preceding the fifth anniversary of the first day of such Extended Term. The Extended Term shall be on all the terms and conditions of this Lease, except: (i) during the second Extended Term, Tenant shall not be in default under this Lease or otherwise failed have no further option to have timely performed all of Tenant’s obligations under this Leaseextend the Term, and (ii) the Term of this Lease Basic rent for the Extended Terms shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for Rental Value of the Premises as of the first month commencement of the subject Extension Option Extended Term in question, taking into account all relevant factors, determined pursuant to paragraph (b), but in no event shall the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept Basic Rent for the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must Extended Term be given to Landlord in writing no less than eight (8) months prior to (i) the Basic Rent at the expiration of the initial original or Extended Term (as to immediately preceding the first Extension Option), or (ii) the expiration commencement of the First Extended Term in question. (as to the second Extension Optionb) (the “Extension Notice”). Within thirty (30) days after receiving Tenant’s notice extending the Term of Landlord’s receipt of the Extension Noticethis Lease pursuant to paragraph (a) above, Landlord shall send provide Tenant with Landlord’s good faith estimate of the Fair Market Rental Value of the Premises for the upcoming Extended Term based upon rents being paid by tenants entering into leases for comparable space similar in size, build-out, amenities and term in the Waltham area, not including the value of any improvements made to the Premises by Tenant at Tenant’s sole cost and expense. If Tenant is unwilling to accept Landlord’s estimate of the Fair Market Rental Value as set forth in Landlord’s notice referred to above, and the parties are unable to reach agreement thereon within thirty (30) days after the delivery of such notice by Landlord, then Tenant may rescind its exercise of the option to extend by written notice delivered to Landlord within ten (10) days after the expiration of Landlord’s such thirty (30)-day period. If Tenant does not so exercise its right to rescind, then either party may submit the determination of the Fair Market Rent for Rental Value of the Premises to arbitration by giving notice to the other party naming the initiation party’s arbitrator within ten (10) days after the “expiration of such ten (10)-day period. Within fifteen (15) days after receiving a notice of initiation of arbitration, the responding party shall appoint its own arbitrator by notifying the initiating party of the responding party’s arbitrator. If the second arbitrator shall not have been so appointed within such fifteen (15) day period, the Fair Market Rent Notice”)Rental Value of the Premises shall be determined by the initiating party’s arbitrator. For purposes of this SectionIf the second arbitrator shall have been so appointed, the term “two arbitrators thus appointed shall, within fifteen (15) days after the responding party’s notice of appointment of the second arbitrator, appoint a third arbitrator. If the two initial arbitrators are unable timely to agree on the third arbitrator, then either may, on behalf of both, request such appointment by the Boston office of JAMS/ENDISPUTE, or its successor, or, on its failure, refusal or inability to act, by a court of competent jurisdiction. Within fifteen (15) days after the appointment of the third arbitrator, the three arbitrators shall determine the Fair Market Rent” shall mean Rental Value of the base rental rate, periodic rental rate adjustment Premises and other charges and increases, if any, for space comparable in size, location and quality give notice thereof to the Premises under a primary lease (and not sublease) to new or renewing tenantsparties hereto, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the likearbitrators’ determination shall be binding upon the parties. All arbitrators shall be appraisers or other qualified real estate professionals who are independent from the parties who have had at least ten (10) years commercial real estate experience in the greater Boston area. Each party shall pay the fees of its own arbitrator, situated in buildings in Emeryville, California. Notwithstanding anything to and the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement fees of the subject Extended Termthird arbitrator shall be shared equally by the parties.

Option to Extend. Provided that at the time The first three sentences of exercise and at all times prior to the commencement Section 2.2 of the subject Extended TermOriginal Lease, as amended, are deleted in their entirety and the following is substituted in lieu thereof: “Provided Tenant shall is not be in default under this Lease or otherwise failed to have timely performed all (beyond applicable notice and cure periods) and has not been in default in the payment of recurring monthly payments of Base Rent, AP Rent, Tenant’s obligations Electricity Cost and/or Tenant’s Share of the Estimated Excess (beyond applicable notice and cure periods, as set forth in Section 19.1.1 of the Original Lease) under this LeaseLease more than three (3) times in the prior twelve month period, at the Term time it exercises the option or at commencement of the applicable Option Term, Tenant shall have the right and option to extend this lease ("Option to Extend") with respect to the Original Premises only for one additional option period of three years ("Option Term") upon the same terms and conditions set forth in the Lease (as amended by this Third Amendment) except that the Base Rent shall be adjusted in accordance with Section 4 of the Summary (as amended by this Third Amendment). To exercise its Option to Extend, Tenant must give Landlord notice in writing sent so as to be received at least twelve (12) months but not more than eighteen (18) months prior to November 30, 2009. At Landlord’s election, Tenant's exercise of its Option to Extend shall be void and of no effect if Tenant is in default under this Lease shall be subject (beyond applicable notice and cure periods) or has been in default in the payment of recurring monthly payments of Base Rent, AP Rent, Tenant’s Electricity Cost and/or Tenant’s Share of the Estimated Excess (beyond applicable notice and cure periods) under this Lease more than three times in the prior twelve month period on the date it exercises its Option(s) to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of Extend or on the expiration of the Initial Lease Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension or Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended immediately preceding such Option Term, an “Extended Termas applicable.”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. (a) Provided this Lease is in full force and effect and that at no Default by Tenant, as defined in this Lease is in existence either on the time date of exercise Tenant’s Extension Notice (as hereinafter defined) or, unless waived in writing by Landlord for the purpose of this Extension Option (as hereinafter defined), on the Extension Effective Date, and at all times prior provided further that this Lease shall not have theretofore been assigned (other than pursuant to the commencement of the subject Extended Terman assignment not requiring Landlord’s consent thereto), Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of the right, at Tenant’s obligations under this Leaseoption, to extend the Term of this Lease shall be subject to two for one (21) extension options for an additional period of 60 months each five (individually, 5) years (the “Optional Extended Term”) commencing on the day following the Expiration Date (the “Extension Effective Date”) and ending on the fifth (5th) anniversary of the Expiration Date. Such option to extend (the “Extension Option”, and collectively) shall be exercised by Tenant giving written notice (“Tenant’s Extension Notice”) of the exercise thereof to Landlord at least eighteen (18) but not more than twenty-one (21) months before the Expiration Date. If Tenant shall fail to timely give Tenant’s Extension Notice as provided herein, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term be deemed automatically and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”)irrevocably waived by Tenant. The Extension Options shall be exercisable Term as follows: (1) The extended pursuant to the Extension Option shall be upon the same material terms terms, covenants, and conditions contained as set forth in this Lease, Lease except that (i) the initial Monthly Base Rent for payable during the Premises Optional Extended Term, if exercised, shall be equal to the Fair Market Rent Rate (as defined below). In the event Tenant exercises the Extension Option as provided herein, then Tenant shall, within fifteen (15) days after Landlord’s request, execute and deliver an amendment to the Lease memorializing such exercise and the Rent payable by Tenant during the Optional Extended Term. (b) For purposes of this Article, “Market Rate” shall mean the rate then being accepted by landlords for comparable improved space in Section 2.2(d)(2) below) for the Premises as Development and in office buildings comparable thereto in the West Loop submarket of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in downtown Chicago office market on an “as is” renewal basis for a comparable term, taking into account the use, location and floor level within the applicable building, and any other relevant term or condition without in making such evaluation, including any obligation of tenant improvement allowances or other leasing concessions offered in connection therewith, all as reasonably determined by Landlord and provided to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord Tenant in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within within thirty (30) days after the date of delivery of Tenant’s Extension Notice to Landlord (“Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Rate Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided (a) Landlord hereby grants Tenant a single option to extend the initial Term of the Lease for an additional period of five (5) years (such period may be referred to as the “Option Term”), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at the time of exercise and at all times prior to the commencement of such right: (I) Tenant must be in occupancy of the subject Extended Term, Tenant shall not be entire Premises; and (ii) there has been no material adverse change in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this financial position from such position as of the date of execution of the Lease, the Term as certified by Tenant’s independent certified public accountants, and as supported by Tenant’s certified financial statements, copies of this Lease which shall be subject delivered to two Landlord with Tenants written notice exercising its right hereunder. (2b) extension options for an additional period of 60 months each Tenant’s election (individually, the “Extension OptionElection Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is twelve months (12) months before the Expiration Date and no later than the date which is nine (9) months before the Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and collectively, the “Extension Options”). void. (c) The first Extension Option Term shall commence as of immediately after the expiration of the Initial initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration Lease. Tenant’s leasing of the First Extended Premises during the Option Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon and subject to the same material terms and conditions contained in this Lease, the Lease except that (i) the initial Monthly Base Rent for Rent, plus payment of Tenant’s Share of Operating Expenses pursuant to the Premises Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant’s obligation) shall be amended to equal to the Fair Market Rent (as “Option Term Rent”, defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option and determined in the manner set forth in Section 2.2(d)(3) below and the immediately following Subsection; (ii) the Security Deposit, if any, shall be increased within fifteen (15) days after the Prevailing Market Rent has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder, but in no event shall the Security Deposit be decreased; (iii) Tenant shall accept the Premises in an its “as isAS-IS” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (subjectiv) there shall be no further option or right to extend the term of the Lease. If Tenant timely and properly exercises the Option To Extend, however, references in the Lease to the terms of Section 8.1 of this Lease)Term shall be deemed to mean the initial Term as extended by the Option Term unless the context clearly requires otherwise. (2d) Tenant’s election to exercise an Extension The Option must be given to Landlord in writing no less than eight (8) months prior to Term Rent shall mean the greater of (i) the expiration Monthly Base Rent payable by Tenant under this Lease calculated at the rate applicable for the last full month of the initial Term (as Term, plus payment of Tenant’s Share of Operating Expenses pursuant to the first Extension Option)Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant’s obligation) (collectively, “Preceding Rent”) or (ii) the expiration “Prevailing Market Rent”. As used in this Section Prevailing Market Rent shall mean the rent and all other monetary payments, escalations and triple net payables by Tenant, including consumer price increases, that Landlord could obtain from a third party desiring to lease the Premises for a term equal to the Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking Into account the following: the size, location and floor levels of the First Extended Term Premises; the type and quality of tenant improvements (including Tenant’s Improvements); age and location of the Project; quality of construction of the Project; services to be provided by Landlord or by tenant; the rent, all other monetary payments and escalations obtainable for new leases of space comparable to the Premises in the Project and in comparable buildings in the mid- Peninsula area, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall be determined without reduction or adjustment for “Tenant Concessions” (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the second Extension Option) (preceding sentence, the term’ “Extension Notice”)Tenant Concessions” shall include, without limitation, so-called free rent, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the foregoing criteria shall be made by Landlord, in the good faith exercise of Landlord’s business judgment. Within thirty (30) days after Tenant’s exercise of the Option To Extend, Landlord shall notify Tenant of Landlord’s receipt determination of Option Term Rent for the Premises. If Landlord’s determination of Prevailing Market Rent is greater than the Preceding Rent, and if Tenant, in Tenant’s sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the exercise of the Extension Notice, option by giving written notice thereof to Landlord shall send Tenant written within thirty (30) days after notice of Landlord’s determination of Prevailing Market Rent. (e) This Option to Extend is personal to Codex’s Inc. and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity except for a Tenant Affiliate. (f) Upon the Fair Market Rent for occurrence of any of the Premises following events, Landlord shall have the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, with the effect of canceling and voiding any prior or subsequent exercise so this Option to Extend is of no force or effect: (i) Tenant’s failure to timely exercise the “Fair Market Rent Notice”). For purposes Option to Extend in accordance with the provisions of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease . (and not subleaseii) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists The existence at the time of exercise of such Extension Tenant exercises the Option to Extend or at the time of commencement of the subject Extended Option Term of any default on the part of Tenant under the Lease or of any state of facts which with the passage of time or the giving of notice, or both, would constitute such a default. (iii) Tenants third default under the Lease prior to the commencement of the Option Term, notwithstanding that all such defaults may subsequently be cured. In the event of Landlord’s termination of the Option to Extend pursuant to this Section, Tenant shall reimburse Landlord for all costs and expenses Landlord incurs in connection with Tenants exercise of the Option to Extend including, without limitation, costs and expenses with respect to any brokerage commissions and attorneys’ fees, and with respect to the design, construction or making of any tenant improvements, repairs or renovation or with respect to any payment of all or part of any allowance for any of the foregoing. (g) Without limiting the generality of any provision of the Lease, time shall be of the essence with respect to all of the provisions of this Section.

Option to Extend. Provided that (a) Tenant shall have the option to extend the Lease for one (1) further term of five (5) years (the “Extension Term”) on the same terms and conditions as contained in the Lease, except that: (i) there shall be no further right to extend after the expiry of the Extension Term; (ii) the Basic Rent shall be Market Rent as determined pursuant to subsection (b) of this section; (iii) there shall be no tenant’s allowance or rent-free period for the Extension Term; and (iv) the Premises shall be accepted by Tenant in “as is” condition at the commencement of the Extension Term without Landlord being required to perform any work. Such right to extend shall be exercisable by notice to Landlord by not later than nine (9) months, and not earlier than twelve (12) months, prior to the expiry of the original Term hereof provided that, at the time of exercise giving of such notice, Tenant is Wescom Inc. and/or a Permitted Transferee and the Lease has not otherwise been assigned and, further, provided Tenant is not then in receipt of a notice of default and has not become bankrupt or insolvent and has not made an assignment for the benefit of creditors and has not taken the benefit of any statute in force for bankrupt or insolvent debtors and a petition in bankruptcy has not been filed against Tenant and a receiving order has not been made against Tenant, failing which such right shall be null and void and forever extinguished. (b) The Basic Rent for the Extension Term shall be equal to the market rent for the Premises (“Market Rent”). As used herein, “Market Rent” means the annual rental which could reasonably be obtained by Landlord for the Premises from a willing renewing tenant or willing renewing tenants dealing at arms’ length with Landlord in the market prevailing for a term commencing on the commencement date of the Extension Term, having regard to all times relevant circumstances including the size and location of the Premises, the facilities afforded, the terms of the lease thereof (including its provisions for Additional Rent), the condition of the Premises and the extent and quality of the improvements therein (disregarding Tenant’s trade fixtures and also disregarding any deficiencies in the condition and state of repair of the Premises as a result of Tenant’s failure to comply with its obligations hereunder in respect of the maintenance and repair of the Premises) and the use of the Premises and having regard to rentals currently being obtained for space in the Building and for comparable space in other buildings comparably located. The Market Rent for the Extension Term shall be as agreed upon between Landlord and Tenant or, failing agreement by Landlord and Tenant by not later than three (3) months prior to the expiry of the Term hereof the Market Rent shall be established in the manner set out in subsection (c) of this section. In the event that the Basic Rent payable during the Extension Term has not been determined prior to the commencement of the subject Extended Extension Term, then until such determination has been made, Tenant shall pay Basic Rent at a rate equal to one hundred fifty (150%) percent of the Basic Rent payable during the last year of the original Term hereof. Upon determination of the Basic Rent for the Extension Term, Tenant shall not be pay to Landlord any deficiency in default under this Lease the payments of Basic Rent previously made by Tenant, or otherwise failed Landlord will credit to have timely performed all of Tenant’s obligations rental account any excess of Basic Rent previously paid and shall apply same toward Rent which thereafter accrues due under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)until exhausted. (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided (i) Tenant (as used in this Section 16.19, the term "Tenant" shall also include any Permitted Transferee that succeeds to Tenant's interest under Article 11, above) is not in Default hereunder at the time it exercises this option, (ii) the creditworthiness of exercise and at Tenant is no less than on the date hereof, (iii) Tenant originally named herein remains in possession of all times prior to the commencement or substantially all of the subject Extended TermLeased Premises, Tenant shall not be in default under this Lease or otherwise failed have the option to have timely performed all extend the Original Term for five (5) successive periods of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two five (25) extension options for an additional period of 60 months years each (individually, the “"Extension Option”, and collectively, the “Extension Options”Term(s). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”"). The Extension Options shall be exercisable as follows: (1) The Extension Option Term shall be upon the same material terms and conditions contained in this Lease, the Lease during the initial Lease Term (the "Original Term") except that (i) the initial Monthly Base Rent for the Premises this provision giving five (5) extension options shall be equal amended to reflect the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below remaining options to extend, if any and (ii) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord exercise such option by (i) delivering to repaintLandlord, remodel, repair, improve or alter the Premises no later than nine (subject, however, to the terms of Section 8.1 of this Lease). (29) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Original Term or, if applicable, the Extension Term, written notice of Tenant's desire to extend the Original Term or, if applicable, the Extension Term, and (as ii) delivering to Landlord within fifteen (15) business days of receipt of the first Extension OptionRent Adjustment, written notice of its rejection thereof (which rejection shall terminate Tenant's option to extend), or (ii) the expiration that Tenant disputes Landlord's determination of the First Extended Term Rental Adjustment and shall include Tenant's good faith determination of what the Rental Adjustment should be. In the case of a notice disputing the Rental Adjustment, Landlord and Tenant shall mutually work together for a period of ten (as 10) days to resolve the second Extension Option) (dispute and, if unable to agree upon the “Extension Notice”). Within Rental Adjustment within said period, Landlord and Tenant shall in good faith participate in non-binding arbitration of the Rental Adjustment for a period of thirty (30) days. Unless Landlord otherwise agrees in writing, Tenant's failure to timely exercise such option shall waive it and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than sixty (60) days after receipt of Landlord’s receipt Tenant's exercise of its option. If Tenant properly exercises its option to extend, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Term. The Minimum Annual Rent for the Premises (applicable Extension Term shall be an amount equal to the “Fair Market Minimum Annual Rent Notice”). For purposes then being quoted by Landlord to prospective tenants of this Sectionthe Building for space of comparable size and quality and with similar or equivalent improvements as are found in the Building, and if none, then in similar buildings in the term “Fair Market Rent” shall mean the base rental ratevicinity, periodic rental rate adjustment excluding free rent and other charges concessions; provided, however, that in no event shall the Minimum Annual Rent per square foot during any Extension Term be less than the highest Minimum Annual Rent per square foot payable during the immediately preceding term. The Minimum Monthly Rent shall be an amount equal to one-twelfth (1/12) of the Minimum Annual Rent for the Extension Term and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists paid at the same time of exercise of such Extension Option or at and in the time of commencement of same manner as provided in the subject Extended TermLease.

Option to Extend. Provided (a) Landlord hereby grants Tenant two (2) consecutive options (individually an "Option" and collectively the "Options") to extend the initial Term of the Lease for an additional period of five (5) years per Option (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise and at all times prior to the commencement of each option: (i) Tenant must be in occupancy of seventy-five percent (75%) of the subject Extended Premises; and (ii) there has been no material adverse change in Tenant's financial position from such position as of the date of execution of the Lease. Tenant shall deliver to Landlord with Tenant's written notice exercising its right hereunder Tenant's most recent annual audited financial statements certified by Tenant's independent certified public accountant, and the most recent publicly-filed financial statements and documents showing Tenant's financial position. (b) Tenant's election (the "Election Notice") to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is fifteen (15) months prior to, and no later than the date which is nine (9) months prior to, the then applicable Expiration Date of the initial Term or the Option Term, as applicable . If Tenant either fails or elects not to exercise the then applicable Option to Extend by not timely giving its Election Notice, then such Option to Extend shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Leasenull and void. Further, the Term of this Lease second Option shall be subject to two void and of no force or effect if the first Option is not validly exercised or is waived, revoked or terminated as provided below after any exercise. (2c) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Each Option Term shall commence as of immediately after the expiration of the Initial preceding initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended or Option Term”), and the second Extension Option shall commence as applicable. Tenant's leasing of the expiration of Premises during the First Extended Option Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon and subject to the same material terms and conditions contained in this Lease, the Lease except that that: (i) the initial Monthly Base Rent for the Premises shall be amended to an amount to equal to the Fair Market Rent (as "Option Term Rent", defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option and determined in the manner set forth in Section 2.2(d)(3the immediately following Subsection (and otherwise, Tenant shall continue to pay Rent Adjustments, all other Rent and all other charges pursuant to the Lease and Tenant shall continue to pay directly the utility or service provider for all utilities or services which Tenant is to obtain directly pursuant to other provisions of the Lease); (ii) below the Security Deposit, if any, shall be increased within fifteen (15) days after the Fair Market Rental Rate (defined below) has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder, but in no event shall the Security Deposit be decreased; and (iiiii) Tenant shall accept the Premises in an “as is” its "AS-IS" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor except that after the commencement date of the applicable Option Term, Landlord will again make available the Redecorating Allowance on the same terms and conditions set forth above for the Redecorating Allowance (subject, however, except that the "commencement date of the Option Term" shall be substituted in place of references to the terms "fifth anniversary of Section 8.1 of this Leasethe Commencement Date"). If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the initial Term as extended by the Option Term unless the context clearly requires otherwise. (2d) Tenant’s election to exercise an Extension The Option must be given to Landlord in writing no less than eight (8) months prior to Term Rent shall mean the greater of (i) the expiration Monthly Base Rent payable by Tenant under this Lease calculated at the rate applicable for the last full month of the initial Term with respect to determining Rent for the first Option Term, and for the last full month of the first Option Term with respect to determining Rent for the second Option Term (as respectively, the "Preceding Rent") (during the Option Term, Tenant shall continue to pay Rent Adjustments and other charges pursuant to the first Extension Option)Lease and Tenant shall continue to pay directly the utility or service provider for all utilities or services which Tenant is to obtain directly pursuant to other provisions of the Lease, but such amounts shall not be counted as part of the Preceding Rent as used herein) or (ii) the expiration "Fair Market Rental Rate". "Fair Market Rental Rate" shall mean as to Monthly Base Rent the monthly net rental (exclusive of expenses and taxes) per rentable square foot which a tenant would pay and which a willing landlord would accept for space in projects in the San Bernardino-Riverside warehouse/industrial market of first class standards comparable to the Premises for the period for which such rental is to be paid and for a lease on terms substantially identical to those of the First Extended Term Lease (as including, without limitation, those applicable to Operating Expenses and Exclusions), based on prevailing market conditions in such first class projects at the time such determination is made ("Comparable Transactions"). Without limiting the generality of the foregoing, Comparable Transactions shall be for a term similar to the second Extension Option) term of tenancy and for space comparable in use, floor layout and levels (if the “Extension Notice”Building has more than one level), square footage and location within a first class project as the transaction for which Fair Market Rental Rate is being determined; however, leases of unusual or odd shaped spaces shall not be considered. Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s In any determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this SectionRental Rate, the term “Fair Market Rent” stated or contract monthly net rental in Comparable Transactions shall mean be appropriately adjusted to take into account the base rental ratedifferent terms and conditions prevailing in such transactions and those present in the Lease, periodic rental rate adjustment including, without limitation: (1) the extent to which average annual expenses and other charges and increasestaxes per rentable square foot payable by tenants in Comparable Transactions vary from those payable by Tenant under the Lease; (2) the concessions, if any, being given by landlords in Comparable Transactions, such as presence or absence of parking charges, abatement of any such charges, rental abatement periods, loans at below-market interest rates, moving allowances, space planning allowances, lease takeover payments and work allowances, as compared to any tenant improvement, refurbishment or repainting allowance given to Tenant under the Lease for the space comparable for which Fair Market Rental Rate is being determined; (3) the brokerage commissions, fees and bonuses payable by landlords in sizeComparable Transactions (whether to tenant's agent, location such landlord or any person or entity affiliated with such landlord), as compared to any such amounts payable by Landlord to any recognized broker(s) on account of the transaction for which Fair Market Rental Rate is being determined; (4) the time value of money; and quality (5) any material difference between the definition of rentable area and the ratio of project rentable to useable square feet in Comparable Transactions, as compared to such figures applicable to the Premises under a primary lease (and not sublease) to new or renewing tenants, space for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended TermFair Market Rental Rate is being determined.

Option to Extend. (a) Provided that Lessee is not in default of its obligations under this Lease beyond any applicable notice and cure period at the time of exercise and at all times prior to or on the commencement date of the subject Extended TermTerm (as hereinafter defined), Tenant Lessee shall not be in default under this Lease or otherwise failed have one (1) option to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended TermOption to Extend”), and the second Extension Option shall commence as ) for a period of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter five (5) years (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon on the same material terms and conditions contained as set forth in this Lease, Lease except that (i) the Monthly Base Rent for the Extended Term shall be adjusted to the Extended Term Rate, as defined in Paragraph 3(c) below, and (iii) Lessee shall accept the Premises in their then “as is” condition and Paragraph 13, subject to and without limiting, Lessor’s maintenance, repair and other obligations under this Lease; it being understood that Tenant Improvements (as defined below), shall not apply to the Extended Term. This Option to Extend is granted for the personal benefit of Mousera and its Permitted Transferee(s) only, and shall be exercisable only by Mousera or a Permitted Transferee (as defined in Paragraph 17(f) below). This option to extend may not be assigned or transferred to any assignee or sublessee, other than a Permitted Transferee, without the prior written consent of Lessor. (b) Lessee shall give Lessor written notice of its intent to exercise its Option to Extend no earlier than twelve (12) months and no later than nine (9) months prior to the expiration of the initial Term (the “Option Exercise Period’). If Lessee does not exercise the Option to Extend within the Option Exercise Period, the Option to Extend shall lapse, time being of the essence. (c) The initial Monthly Base Rent for the Premises during the Extended Term (the “Extended Term Rate”) shall be determined pursuant to the provisions of this Paragraph 3(c), and shall equal to the then current fair market rental for the Premises as of the commencement of the Extended Term, which shall be based on what a willing new lessee would pay and a willing lessor would accept at arm’s length for comparable premises in the Milpitas, California market of similar age, size, quality of construction and specifications for a lease similar to this Lease for the same uses specified hereunder and taking into consideration that there will be no free rent, improvement allowance, or other rent concessions, and other items that professional real estate brokers or professional real estate appraisers customarily consider, including, but not limited to, space availability, tenant size, distinctions between “gross” and “net” leases, parking charges and any other lease considerations, if any, then being charged or granted by the lessors of such similar commercial building projects. (i) Upon the written request by Lessee to Lessor received by Lessor at any time during the Option Exercise Period and prior to the exercise by Lessee of the Option to Extend, Lessor shall, within fifteen (15) days of such request, give Lessee written notice of Lessor’s good faith opinion of the Extended Term Rate. Thereafter, but prior to the end of the Option Exercise Period, Lessee may give Lessor written notice of its intent to exercise its Option to Extend, and Lessor and Lessee shall enter into good faith negotiations in an effort to reach agreement on the Extended Term Rate. (ii) If Lessor and Lessee are unable to agree upon the Extended Term Rate within fifteen (15) days of Lessee’s delivery of the exercise notice to Lessor, said amount shall be determined by appraisal. The appraisal shall be performed by one broker if the parties are able to agree upon one broker. If the parties are unable to agree upon one broker, then each party shall appoint a broker and the two brokers shall select a third broker. Each broker selected shall have at least ten (10) years of full-time commercial real estate brokerage experience in the Milpitas office/manufacturing rental market. (iii) If only one broker is selected, that broker shall notify the parties in simple letter form of its determination of the Extended Term Rate within fifteen (15) days following its selection. Said appraisal shall be binding on the parties as the appraised current Extended Term Rate. If multiple brokers are selected, each broker shall within ten (10) days of being selected make its determination of the Extended Term Rate in simple letter form. If two (2) or more of the brokers agree on said amount, such agreement shall be binding upon the parties. If multiple brokers are selected and two (2) brokers are unable to agree on the Extended Term Rate, the Extended Term Rate shall be determined by taking the mean average of the appraisals; provided, that any high or low appraisal, differing from the middle appraisal by more than ten percent (10%) of the middle appraisal, shall be disregarded in calculating the average. (iv) If only one broker is selected, then each party shall pay one-half of the fees and expenses of that broker. If three brokers are selected, each party shall bear the fees and expenses of the broker it selects and one-half of the fees and expenses of the third broker. (d) Thereafter, provided that Lessee has previously given timely notice to Lessor of the exercise by Lessee of the Option to Extend, Lessor and Lessee shall execute an amendment to this Lease stating that the initial Monthly Base Rent for the Premises during the Extended Term shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)determination by appraisal. (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. (a) Provided that that, at the time of such exercise, (i) there exists no Default of Tenant under Section 23(a)(i) of this Lease; (ii) this Lease is still in full force and effect and Tenant actually occupies at least fifty percent (50%) of the Premises; and (iii) Tenant shall not have assigned this Lease or currently sublet more than fifty percent (50%) of the Premises, other than to an affiliated entity or successor as described in Section 20(b) above (all of which conditions are for the benefit of, and may be waived by, Landlord), Tenant shall have the right to extend the Term of this Lease as to the Premises originally leased hereunder for one extended term (the “Extended Term”) of five (5) years. The Extended Term shall commence on the day immediately following the expiration date of the Initial Term, and shall end on the day immediately preceding the fifth (5th) anniversary of the first day of the Extended Term. Tenant shall exercise and at all times such option by giving Landlord written notice of its desire to do so, not later than nine (9) months prior to the commencement expiration of the subject Initial Term, it being agreed that time shall be of the essence with respect to the giving of such notice. The giving of such notice shall automatically extend the Term of this Lease for the Extended Term, and no instrument of renewal need be executed. In the event that Tenant shall not be in default under this Lease or otherwise failed fails to have timely performed all of Tenant’s obligations under this Leasegive such notice to Landlord within such time, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, automatically terminate at the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration end of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and Tenant shall have no further right or option to extend the second Extension Option shall commence as Term of this Lease, time being of the expiration of the First essence. The Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon on all the same material terms and conditions contained in of this Lease, except that that: (i) Landlord shall have no obligation to perform or pay for any construction or improvements to the initial Monthly Base Premises, with respect to the Extended Term; and (ii) the Basic Rent for the Premises Extended Term shall be determined in accordance with Paragraphs 36(b) and (c). (b) The Basic Rent for the Extended Term shall be at a rental rate equal to the Fair Market Rent Rental Value (as defined in Section 2.2(d)(2the North Suburban Boston area) below) for of the Premises as of the first month commencement of the Extended Term, determined without regard to Tenant’s right to extend, as agreed by the parties, it being understood that during the Extended Term, Additional Rent shall continue to be calculated in accordance with Paragraph 7 of this Lease. (c) (i) The term “Fair Market Rental Value” shall mean the annual fixed rent that a willing tenant would pay and a willing landlord would accept, each acting in its own best interest and without duress, in an arms-length lease of the premises in question as of the date (the “Determination Date”) on which the same is to become effective and taking into account all relevant factors. If Landlord and Tenant shall fail to agree upon the Fair Market Rental Value within sixty (60) days before the Determination Date, then Landlord and Tenant each shall give notice (the “Determination Notice”) to the other setting forth their respective determinations of the Fair Market Rental Value, and, subject Extension Option determined in to the manner set forth in Section 2.2(d)(3) below and provisions of paragraph (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaintbelow, remodel, repair, improve or alter the Premises (subject, however, either party may apply to the terms American Arbitration Association or any successor thereto for the designation of Section 8.1 of this Lease). (2) Tenant’s election an arbitrator satisfactory to exercise an Extension Option must be given both parties to Landlord in writing no less than eight (8) months prior to (i) the expiration render a final determination of the initial Term Fair Market Rental Value. The arbitrator shall be a real estate appraiser or consultant who shall have at least ten (10) years’ continuous experience as a commercial real estate broker or appraiser, and having significant experience with property similar to the first Extension Option)Building in the north suburban Boston area. The arbitrator shall conduct such hearings and investigations as the arbitrator shall deem appropriate and shall, or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within within thirty (30) days after having been appointed, choose one of the determinations set forth in either Landlord’s receipt of the Extension or Tenant’s Determination Notice, and that choice by the arbitrator shall be binding upon Landlord and Tenant. Each party shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment pay its own counsel fees and other charges and increasesexpenses, if any, for space comparable in sizeconnection with any arbitration under this paragraph (c), location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the likeparties shall share equally all other expenses and fees of any such arbitration. The determination rendered in accordance with the provisions of this paragraph (ii) shall be final and binding in fixing the Fair Market Rental Value. The arbitrator shall not have the power to add to, situated in buildings in Emeryvillemodify, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement change any of the subject Extended Termprovisions of this Lease.

Option to Extend. (a) Paragraph 8 of the Second Amendment is hereby deleted in its entirety and is of no further force or effect. (b) Provided that at (i) no Event of Default has occurred and is then continuing, (ii) the time creditworthiness of exercise and at all times prior Tenant has not materially declined relative to the commencement its creditworthiness as of the subject Extended Termdate hereof, and (iii) Tenant originally named herein (or a Related Entity, as defined in Section 12(f) of the Lease) remains in possession of the Premises, Tenant shall not be in default under this Lease or otherwise failed have one (1) option to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this the Lease shall be subject to two for one (21) extension options for an additional period of 60 months each five (individually, 5) years (the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option Term shall be upon the same material terms and conditions contained in this the Lease, except that (ix) Tenant shall not have any further option to extend, (y) any improvement allowances or other concessions applicable to the Premises under this Lease shall not apply to the Extension Term, and (z) the initial Monthly Base Rent shall be adjusted as sets forth herein (“Rent Adjustment”). Tenant shall exercise such option by delivering to Landlord, no later than two hundred seventy (270) days prior to the expiration of the Term of the Lease, written notice of Tenant’s desire to extend the Term of the Lease. Tenant’s failure to properly exercise such option shall be deemed a waiver of such option. If Tenant properly exercised its option to extend, Landlord, shall notify Tenant of the Rent Adjustment no later than two hundred ten (210) days prior to the commencement of Landlord a written objection thereto within ten (10) business days after receipt thereof. If Tenant properly exercise its option to extend, Landlord shall provide and Tenant shall execute an amendment to this Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant’s acceptance (or deemed acceptance) of the Rent Adjustment. (c) The Base Rent as adjusted for the Extension Term shall be an amount equal to the Base Rent (plus any improvement allowances or other concessions) then being paid by tenants under leases signed in the immediately preceding six (6) month period for space in the Building or other similar buildings within five (5) miles of the Building, of comparable size and quality and with similar or equivalent improvements as are found in the Building (taking into consideration concessions such as rental waivers, abatement, improvement allowances and lease assumptions granted to such tenants if not included in Landlord’s calculation of the Rent Adjustment), provided, however, that if Tenant delivers to Landlord a written objection to Landlord’s proposed Rent Adjustment within thirty (30) days after Tenant’s receipt of Landlord’s proposed Rent Adjustment, and the parties cannot agree on a Base Rent for the Premises shall be equal Extension Term within thirty (30) days after Tenant’s written objection, then Tenant may retract its exercise of its option to extend, or Tenant may choose arbitration to determine the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Adjustment. If Tenant chooses arbitration, Tenant shall accept the Premises in an “as is” condition without any obligation give Landlord written notice of Landlord its desire to repaint, remodel, repair, improve or alter the Premises seek arbitration within five (subject, however, to the terms of Section 8.1 of this Lease). (25) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the days after expiration of the initial Term such thirty (as to the first Extension Option), or 30) day period (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Arbitration Notice”). Within thirty Ten (3010) days after Tenant provides Landlord with its Arbitration Notice, the parties shall each appoint an appraiser to determine the Base Rent as adjusted for the Extension Term for the Leased Premises. Each appraiser so selected shall be an MAI appraiser having at least ten (10) years prior experience in the appraisal of Landlord’s receipt comparable space in the metropolitan area in which the Leased Premises are located, and with a working knowledge of current rental rates and practices. If the two appraisers cannot agree upon the Base Rent as adjusted for the Extension Term for the Leased Premises within twenty (20) days after their appointment, then, within ten (10) days after the expiration of such twenty (20) day period, the two appraisers shall select a third appraiser meeting the above criteria. Once the third appraiser has been selected as provided for above, then such third appraiser shall, within ten (10) days after appointment, make its determinations of the Base Rent as adjusted for the Extension Notice, Landlord shall send Tenant written notice Term. The average of Landlord’s the two closest determination of the Fair Market Base Rent as adjusted for the Extension Term shall be used as the Base Rent for the Premises applicable Extension Term and shall be binding on both Landlord and Tenant. Landlord and Tenant shall each bear the cost of its appraiser and shall share the cost of the third. If Tenant fails to provide the Arbitration Notice as provided above, then Tenant’s exercise of its option to extend shall be deemed retracted. The monthly rental installments shall be an amount equal to one-twelfth (1/12) of the “Fair Market Base Rent Notice”). For purposes of this Section, as adjusted for the term “Fair Market Rent” Extension Term and shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists paid at the same time of exercise of such Extension Option or at and in the time of commencement of same manner as provided in the subject Extended TermLease.

Option to Extend. Provided that at Lessee shall have the time of exercise and at all times prior option to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two (2) extension options for an additional a period of 60 sixty (60) months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) immediately following the expiration of the initial Term (the "Extended Term"), on all provisions contained in this Lease (subject to adjustment of Base Rent upon the commencement of the Extended Term as described below, and except for such terms and conditions of this Lease as are specifically or by their operation limited to the first Extension Option)initial Term only (including, without limitation, Exhibit "C" attached hereto and provisions respecting construction of Lessee Improvements and payment of a Lessee Improvement Allowance) and except that Lessee shall have no further right or (ii) option to extend the term upon the expiration of the First Extended Term (as to Term), by giving notice of exercise of the second Extension Option) option (the “Extension "Option Notice”). Within thirty ") to Lessor at least twelve (3012) days of Landlord’s receipt months but not more than eighteen (18) months before the expiration of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent then applicable Term. Lessor's ability to plan for the Premises (orderly transaction of its rental business, to accommodate the “Fair Market Rent Notice”). For purposes needs of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment other existing and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing potential tenants, for a comparable term and to enjoy the benefits of increasing rentals at such times as Lessor is able to do so in its sole and absolute discretion, are fundamental elements of Lessor's willingness to provide Lessee with a tenant improvement allowancethe option to extend contained herein. Accordingly, if applicable and taking into consideration such amenities as existing improvements, view, floor on which Lessee hereby acknowledges that strict compliance with the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary notification provisions contained herein, and Lessee's strict compliance with the subject Extension Option time period for such notification contained herein, are material elements of the bargained for exchange between Lessor and Lessee and are material elements of Lessee's consideration paid to Lessor in exchange for the grant of the option. Therefore, Lessee's failure to adhere strictly and completely to the provisions and time frame contained in this provision shall render the option automatically terminate null, void and be of no further force or effect, whether without notice, acknowledgement, or not Tenant has timely exercised such Extension Optionany action of any nature or sort, required of Lessor. Lessee acknowledges that no other act or notice, other than the express written notice set forth hereinabove, shall act to put Lessor on notice of Lessee's intent to extend, and Lessee hereby waives any claims to the contrary, notwithstanding any other actions of Lessee during the Term of this Lease or any statements, written or oral, of Lessee to Lessor to the contrary during the Term of this Lease. Notwithstanding the foregoing, if an uncured Default exists Lessee is in default (after the expiration of any applicable period for cure pursuant to Article 22 below) on the date of giving the Option Notice, the Option Notice shall be totally ineffective, or if Lessee is in default (after the expiration of any applicable period for cure pursuant to Article 22 below) on the date the Extended Term is to commence, in addition to any and all other remedies available to Lessor under this Lease, at Lessor's election, the exercise of the option shall be deemed null and void, the Extended Term shall not commence, and this Lease shall expire at the time of exercise of such Extension Option or at the time of commencement end of the subject Extended Term. The option to extend granted pursuant hereto is personal to original Lessee signatory to this Lease and cannot be assigned, transferred or conveyed to, or exercised for the benefit of, any other person or entity (voluntarily, involuntarily, by operation of law or otherwise) including, without limitation, to any assignee or subtenant permitted under Article 13, other than a "Permitted Transferee" (as defined in Article 13). All of Lessee's rights under this Article 3.b. shall terminate upon the expiration of the initial Term or sooner termination of this Lease.

Option to Extend. Provided that Section 21.1 Tenant shall have the right to be exercised as hereafter provided, to extend the term of this Lease for two (2) additional consecutive periods of five (5) years each (each, an “Option to Extend”), on the following terms and conditions and subject to the limitations hereafter set forth. Section 21.2 That at the time hereafter set forth for the exercise of exercise the Option to Extend, and at all times prior to the commencement of time the subject Extended TermTerm commences, this Lease shall be in full force and effect and Tenant shall not be in default under this Lease or otherwise failed in the performance of any of the terms, covenants and conditions herein contained in respect to have timely performed all a matter as to which notice of Tenant’s obligations under default has been given hereunder which has not been remedied within the time limited in this Lease, but Landlord shall have the right at its sole discretion to waive the non-default conditions herein. Section 21.3 That such Extended Term shall be on the same terms, covenants and conditions as set forth in this Lease; provided, however, the Annual Base Rent for such Extended Term shall be the greater of (i) the Base Rent then in effect in this Lease; or (ii) the Market Rent for such space on the date such Extended Term shall commence, as determined in accordance with Article XXI, Section 21.6 or 21.7, as applicable below. Section 21.4 Tenant shall exercise an Option to Extend by notifying Landlord, in writing, of its election to exercise the right to extend the term of this Lease shall be subject on or before the date which is twelve (12) months prior to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term Term, with respect to the first Option to Extend, and expire on or before the date that which is 60 full calendar twelve (12) months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of prior to the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as with respect to the second Extension Option) (Option to Extend. Prior to commencement of the “Extension Notice”). Within Extended Term, Landlord and Tenant agree to execute an amendment to this Lease incorporating the amended terms referred to in this Article XXI. Section 21.5 Notwithstanding any provision contained herein, Tenant’s right to extend the term of this Lease pursuant to this Article XXI shall automatically terminate upon Tenant’s subletting or assigning any portion of its interest under this Lease. Section 21.6 After timely receipt by Landlord of Tenant’s notice of its Option to Extend, Landlord and Tenant shall have a period of thirty (30) days of Landlord’s receipt in which to agree on the Market Rent of the Extension Notice, Demised Premises for the Extended Term. If Landlord shall send and Tenant written notice of Landlord’s determination of agree on the Fair Market Rent for the Premises (Demised Premises, then they shall immediately execute an amendment to this lease as provided in this Article XXI, which will incorporate the “Fair Market Rent Notice”). For purposes of this Section, as the term “Fair Market Rent” shall mean Base Rent during the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term. Section 21.7 If Landlord and Tenant are unable to agree upon the Market Rent then, and in any such event, at the request of either party such Market Rent shall be determined by appraisal by three (3) reputable real estate appraisers, each of whom shall be a Member of the American Institute of Real Estate Appraisers with the designation of “MAI” and shall have no “disqualifying interest” (as hereinafter defined). One (1) appraiser shall be appointed by Tenant or its representative and the second (2nd) appraiser shall be appointed by Landlord or its representative. The third (3rd) appraiser shall be appointed by the first two (2) appraisers. If the first two (2) appraisers are unable to agree on a third appraiser within ten (10) days after the appointment of the second (2nd) appraiser, or if either party refuses or neglects to appoint any appraiser as herein provided within ten (10) days after the appointment of the first (1st) appraiser, then such third (3rd) appraiser or such second (2nd) appraiser whose appointment was not made as aforesaid shall be appointed by the then President of the Minnesota Chapter of the American Institute of Real Estate Appraisers (“Appraisal Institute”) or such successor body hereafter constituted exercising similar functions, unless such President shall have a direct or indirect financial or other business interest in or in common with any of the parties hereto (herein referred to as a “disqualifying interest”), in which case the third (3rd) appraiser or such other appraiser whose appointment was not made as aforesaid shall be appointed by the then next highest ranking officer of the Minnesota chapter of the Appraisal Institute or such successor body who shall not have a disqualifying interest. If the determinations of at least two (2) of the appraisers shall be identical in amount and said amount shall be deemed to be the Market Rent. If the determinations of at least two (2) of the appraisers shall not be identical in amount, the Market Rent shall be determined as follows (a) if neither the highest nor the lowest determination of Market Rent differs from the middle determination of Market Rent by more than ten percent (10%) of such middle determination of Market Rent, then the Market Rent shall be the average of all three (3) determinations of Market Rent, and (b) if clause (a) does not apply, then the Market Rent shall be the average of the middle determination of Market Rent and the determination of Market Rent closest in amount to said middle determination of Market Rent. The foregoing determination of Market Rent shall in all cases be final, finding and conclusive upon the parties. Each party shall pay the fees and expenses of the one of the two (2) original appraisers appointed by such party, or in whose stead as above provided such appraiser was appointed, and the fees and expenses of the third appraiser shall be borne equally by both parties. Except as otherwise provided in this Lease, the said appraisal shall be conducted in accordance with the Commercial Arbitration Rules then obtaining of the American Arbitration Association (including for appointment of appraisers if the foregoing procedures for any reason fail), and judgment upon any appraisal decision rendered may be entered by any Court having jurisdiction thereof.

Option to Extend. Provided that Lessee shall have the option to extend the term of ---------------- this lease for three (3) successive additional periods of five (5) years each. Said options shall be exercised automatically unless Lessee, gives Lessor notice of Lessee's desire not to exercise the option. Such extension rights are further subject to Lessee's not being in default under any of the terms and provisions of this lease. The notice not to exercise the option for any five (5) year extension shall be given at the time of exercise and at all times least one-hundred eighty (180) days prior to the commencement end of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term immediately preceding term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”)lease. The first Extension Option shall commence as automatic extension of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option this lease shall be upon the same material rental, terms and conditions contained as are set forth in this Lease, except that (i) the initial Monthly Base Rent Lease Agreement. Rental for the Premises second and third renewal terms of this lease, shall be an amount equal to the Fair Market Rent (original rental, as defined in Section 2.2(d)(2section 3 hereof, multiplied by a fraction. Said fraction shall be defined as consisting of a numerator, which shall be the index number (the "Index Number") belowindicated under the United States index column of the Consumer Price Index for Urban Wage Earners and Clerical Workers (the "CPI") (1982-1984=100) as promulgated by the United States Department of Labor, for the Premises as of month immediately preceding the first month of and year in which the subject Extension Option determined said renewal term shall commence and a denominator, which shall be the Index Number for the CPI for the month and year in which the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 original commencement date of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”)Lease occurs. Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord If there shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time be no such CPI, the parties shall use the most comparable substitute index in determining rent escalation for said renewal periods. Notwithstanding the above, all other terms and conditions of exercise of such Extension Option or at this Lease Agreement shall remain in full force and effect during the time of commencement of the subject Extended Termsecond and third renewal periods.

Option to Extend. Provided that at the time of exercise and at all times prior Subject to the commencement provisions hereinafter set forth, Landlord hereby grants to Tenant that number of options as set forth in the subject Extended TermSummary, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”)same terms, conditions and the second Extension Option shall commence provisions as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that as otherwise provided herein. Each Option Period shall commence on the day following the end of the Term then in effect (ithe “Option Period Commencement Date”) and end on the initial last day of the period of such extension as set forth in the Summary. (a) The option to extend shall be exercisable by written notice from Tenant to Landlord of Tenant’s intent to exercise its election for said option and must be given not later than the date which is six (6) months prior to, the Option Period Commencement Date. If Tenant fails to timely give notice of its intent to exercise the applicable option, said option shall thereupon expire. (b) Monthly Base Rent for payable as of the commencement of each Option Period (each an “Extension Commencement Date”) with respect to the Leased Premises shall be one hundred and three percent (103%) of the Monthly Base Rent payable for the month immediately preceding such commencement. Thereafter, the Monthly Base Rent shall be adjusted annually on each anniversary of the Extension Commencement Date (the “Adjustment Date”) to an amount equal to one hundred and three percent (103%) of the Fair Market Monthly Base Rent (as defined in Section 2.2(d)(2) below) payable for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and immediately preceding such Adjustment Date. (iic) Tenant shall accept not have any option to extend the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 Term of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) Lease beyond the expiration of the initial Term (as to the first Extension OptionOption Period(s), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided that at Tenant shall have an option to extend and renew the time of exercise and at Lease as to all times prior to the commencement of the subject Extended TermPremises (but not as to any portion or portions thereof) for one (1) additional term of five (5) years. In order to exercise such option, Tenant shall not be notify Landlord in default under this Lease or otherwise failed writing at least two hundred seventy (270) days prior to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Lease Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”)i.e., and the second Extension Option shall commence as by September 4, 2007) of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s its election to exercise an Extension Option must be given the option. If Tenant elects not to Landlord in writing no less than eight (8) months prior extend or fails to (i) the expiration timely exercise its option, time being of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Sectionessence, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option option shall automatically terminate and be of no further force and effect and this Lease shall terminate upon the expiration of the initial Term. Upon receipt of such notice from Tenant exercising the renewal option herein granted, Landlord shall submit in writing within thirty (30) days a proposal for the then current Market Base Rental Rate (per rentable square foot per annum, “NNN”) for the renewal term. Tenant shall have thirty (30) days from the receipt of said notice from Landlord to notify Landlord in writing of (i) Tenant’s acceptance of the proposed Market Base Rental Rate, or effect(ii) Tenant’s rejection of the Market Base Rental Rate and election to initiate the appraisal process set forth below. If Tenant fails to timely accept or reject the Market Base Rental Rate specified in Landlord’s notice or to elect not to extend the term of the Lease as provided in the immediately preceding sentence, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at shall be deemed to have elected to extend the time Lease Term for the period specified in Tenant’s original notice of exercise of such Extension Option or the renewal option at the Market Base Rental Rate specified by Landlord in response to said exercise notice. Any such extension shall be upon all of the terms, conditions and covenants of this Lease except as to (i) the amount of Base Rent, which shall be determined as set forth herein, (ii) options to extend or to expand, which shall not be applicable, and (iii) Tenant shall pay Tenant’s Prorata Share of Operating Expenses throughout the renewal term. As used herein, and subject to the limitations set forth in this paragraph, “Market Base Rental Rate” shall mean as of any date the then annual net rental rate (exclusive of real estate taxes, utilities and operating expenses) per square foot of net rentable area which a willing landlord under no compulsion would agree to accept as of such date, and which a willing tenant under no compulsion would agree to accept as of such date, under renewal leases (based on a five (5) year term) of space in comparable first class multi-tenant office buildings of comparable size, location and age in the County of Boulder, Colorado, at such time, taking into account all relevant factors, including, without limitation, use, location and/or floor level within the applicable building, definition of rentable area, leasehold improvements provided, credits or allowances granted, if any, quality, age and location of the applicable building, rental concessions, the time the particular rate under consideration became effective, size of tenant, credit of tenant, relative operating expenses, taxes and utilities, relative services provided, and so forth. If Tenant, by written notice delivered no later than thirty (30) days after the date Landlord notifies Tenant of the Market Base Rental Rate, objects to the Market Base Rental Rate determined by Landlord and elects to submit the rate determination to appraisal, then, within seven (7) days of the date of Tenant’s objection, each party shall appoint a non-affiliated certified M.A.I. Appraiser that has at least five (5) years’ full-time commercial appraisal experience in Boulder County to determine the Market Base Rental Rate, such process to be completed within twenty (20) days after the date of the appointment of the last appraiser. If a party does not appoint a qualified appraiser within five (5) days after the other party has given notice of the name of the appraiser, then the single appraiser shall be the sole appraiser and shall set the Market Base Rental Rate. The appraisers appointed by the parties shall meet promptly and attempt to set the Market Base Rental Rate. If they are unable to agree on the Market Base Rental Rate within twenty (20) days after the date the second appraiser has been appointed, they shall elect a third appraiser meeting the qualifications stated in this paragraph within seven (7) days after the last day the two (2) appraisers are to set the Market Base Rental Rate. If the appraisers are unable to agree on the third appraiser, either of the parties to this Lease, after giving five (5) days’ prior written notice to the other party, may apply to the then president of the real estate board of Denver, Colorado for the selection of a third appraiser who meets the qualifications stated in this Section, which selection shall be made within three (3) days. All determinations of Market Base Rental Rate shall be subject to the limitations on Market Base Rental Rate set forth in the first paragraph of this Section. Each of the parties shall pay for the appraiser appointed by it and shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser’s fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. The appraisers shall be instructed to consider the criteria above stated in determining the Market Base Rental Rate. Within twenty (20) days after the selection of the third appraiser, the third appraiser shall determine the Market Base Rental Rate and all three of the appraiser’s Market Base Rental Rates shall be averaged excluding any single Market Base Rental Rate which is either ten percent (10%) higher or lower than the middle appraisal of Market Base Rental Rate and the remaining appraisals shall then be averaged. If the Market Base Rental Rate is not established for the extended term prior to its commencement, Tenant shall continue to pay the applicable Base Rent required for the last full month of the Lease term until the appraisers have made their determination. The Market Base Rental Rate in question, when finally determined by the appraisers, shall be retroactive to the commencement of the subject Extended Termextension term, and the first Base Rent payment becoming due after the determination of the applicable Market Base Rental Rate shall include the retroactive amounts of monthly Base Rent installments accrued and unpaid. In no event may either Landlord or Tenant elect not to extend the Lease based upon the Market Base Rental Rate established in accordance herewith. This option to extend may not be exercised and the Lease shall not be extended if Landlord has given Tenant notice of default which default is not cured within any applicable cure periods or waived by Landlord.

Option to Extend. Provided that at Borrower shall have the time option to extend the term of the Loan (the “Option to Extend”) from the Maturity Date to October 31, 2019 (the “Extended Maturity Date”), upon receipt of written notice from Borrower of Borrower’s request to exercise and at all times the Option to Extend, which notice shall be provided to Lender not more than ninety (90) days but not less than sixty (60) days prior to the commencement Maturity Date, and upon satisfaction of each of the subject Extended Termfollowing conditions precedent: a. As of both the Conversion Date (as hereinafter defined) and the Maturity Date, Tenant no Default (as hereinafter defined) shall not have occurred and be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”continuing, and collectivelyno event or condition which, with the “Extension Options”). The first Extension giving of notice or the passage of time or both, would constitute a Default shall have occurred and be continuing, and Borrower shall so certify in writing; b. Borrower shall execute or cause the execution of all documents reasonably required by Lender to exercise the Option to Extend and shall commence deliver to Lender, at Borrower’s sole cost and expense, such title insurance endorsements reasonably required by Lender; c. There shall have occurred no material adverse change, as determined by Lender in its sole discretion, in the financial condition of Borrower or any Guarantor from that which existed as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that later of: (i) the initial Monthly Base Rent for Effective Date; or (ii) the Premises date upon which the financial condition of such party was first represented to Lender; d. Lender shall be equal have determined that the ratio of (x) the total amount due under the Note on the Conversion Date to (y) the Fair Market Rent appraised “as proposed” value of the Property set forth in the Original Appraisal (as defined in Section 2.2(d)(2) 2.1 below) for ), as adjusted by Lender in its sole discretion, does not exceed 65% (the Premises “Conversion LTV”). In the event such “as proposed” value of the first month Property is not adequate to meet the Conversion LTV, then Borrower may either (i) immediately pay down the outstanding principal balance of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and Loan such that said Conversion LTV is met, or (ii) Tenant shall accept deliver to Lender an updated appraisal of the Premises in Property, at Borrower’s sole cost and expense, indicating, to the reasonable satisfaction of Lender, an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration value of the initial Term (Property that is adequate to meet the Conversion LTV, as to the first Extension Option), or (ii) the expiration adjusted by Lender in its sole discretion upon its review of the First Extended Term (as to the second Extension Option) (the “Extension Notice”)such new appraisal. Within The valuation date of such updated appraisal shall be within thirty (30) days of Landlord’s receipt the Conversion Date. In the event such “as is” value of the Extension NoticeProperty is not adequate to meet the Conversion LTV, Landlord shall send Tenant written notice of Landlord’s determination then Borrower may immediately pay down the outstanding principal balance of the Fair Market Rent Loan such that the Conversion LTV is met. Any principal balance reduction shall reduce Lender’s commitment by a like amount and may not be re-borrowed. e. Guarantor shall reaffirm its obligations under the existing Repayment Guaranty (as defined on Exhibit B attached hereto); f. The Improvements shall be 100% complete as determined by an inspection thereof by Lender or Lender’s agents and as evidenced by receipt by Lender of the final certificate of occupancy for the Premises Improvements, in form and substance satisfactory to Lender; and g. Lender shall have received, at Borrower’s sole cost and expense, such title insurance endorsements reasonably required by Lender to the title policies issued by ▇▇▇▇▇▇▇ Title Company in connection with the Loan, including a Down-Date Endorsement pursuant to Procedural Rule P-9b(4), and other endorsements deleting any mechanic’s and materialmen’s lien exceptions and, if applicable, deleting the pending disbursements clause pursuant to Procedural Rule P-8b(2), and, if applicable, a Form T-38 Endorsement pursuant to Procedural Rule P-9b(3), each in form and content satisfactory to Lender, and h. Borrower shall have reimbursed Lender for all fees and expenses incurred with such Option to Extend, including without limitation, the reasonable fees and expenses of Lender’s counsel, title insurance fees, appraisal fees, inspection fees and reasonable consultant’s fees, regardless of whether the Option to Extend is completed. Except as modified by this Conversion Option, the terms and conditions of this Agreement and the other Loan Documents as modified and approved by Lender shall remain unmodified and in full force and effect; provided, however, that commencing on the first (1st) day of the first (1st) month after the Conversion Date, (i) Borrower shall commence making monthly principal payments with respect to the Loan as provided in the Note, and (ii) interest on the Loan shall accrue at a rate equal to the One-Month Rate (as defined in the Note) plus two and one-half percent (2.50%) in accordance with the terms of the Note. All terms, conditions and requirements of the Loan Documents shall remain in full force and effect after the exercise of the Conversion Option. The date, which date shall be no later than October 31, 2014, on which Borrower fulfills the requirements set forth in this Section 1.6 and Lender converts the Loan to a permanent loan is the “Conversion Date”. In the event that Borrower shall fail to satisfy the foregoing conditions precedent on or before the Conversion Date or in the event that Borrower elects, for any reason whatsoever, not to exercise the Conversion Option, including, without limitation, Borrower’s election to repay the Loan in full on or before the Maturity Date or to refinance the Loan with the proceeds of a loan from a lender other than Lender, then Borrower shall pay to Lender a fee (the “Fair Market Rent NoticeExit Fee”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable ) in size, location and quality an amount equal to the Premises under a primary lease product of (i) three percent (3%) and not sublease(ii) to new the outstanding principal balance of the Loan as of the Maturity Date, which Exit Fee shall be payable in full on the Maturity Date or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration on such amenities as existing improvements, view, floor earlier date on which Borrower shall have repaid the Premises are situated and the like, situated Loan in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termfull.

Option to Extend. Provided that (i) Tenant is not in default under the terms of this Lease at the time of exercise and this renewal option is exercised or at all times prior to the commencement of the subject Extended TermExtension Term (as hereinafter defined), (ii) Tenant shall is occupying at least ninety percent (90%) of the Premises, including any expansion space, and (iii) Landlord has not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to given more than two (2) extension options notices of default in any twelve (12) month period for nonpayment of monetary obligations, Tenant shall have the option to renew this Lease for an additional period of 60 sixty (60) months each (individually, the “"Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”"). The Extension Options Term shall be exercisable as follows: (1) The Extension Option shall be upon on all the same material terms and conditions contained in of this Lease, except that (i) Landlord shall have no additional obligation for free rent, leasehold improvements or for any other tenant inducements for the initial Monthly Extension Term. Base Rent for during the Premises Extension Term shall be equal to the Fair Market Base Rent set forth in the Basic Lease Information for one hundred twenty-first (as defined in Section 2.2(d)(2121st) belowmonth through the one hundred eightieth (180th) for the Premises as of the first month of the subject Lease Term and the Security Deposit will be increased to reflect any increase in Base Rent payable under the Lease. There shall be no additional extension terms beyond the Extension Option determined in the manner Term set forth in Section 2.2(d)(3herein. Tenant must exercise its option to extend this Lease by giving Landlord written notice of its election to do so no later than one hundred eighty (180) below and nor earlier than three hundred sixty (ii360) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, days prior to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration end of the initial Term (i.e. the last day of the one hundred twentieth (120th) month). Any notice not given in a timely manner, shall be void, and Tenant shall be deemed to have waived its extension rights. The extension option set forth herein is personal to Tenant and shall not be included in any assignment of this Lease. A. K.N. ------------------------------------- ---------------------------------------- Landlord's Initials Tenant's Initials CATELLUS (SOUTHSHORE CORPORATE PARK PLAN) EXHIBIT A-1 (SITE PLAN) EXHIBIT A-2 EXHIBIT B WORK LETTER THIS WORK LETTER ("Work Letter") is entered into as to the first Extension Optionof this ____ day of December, 2000, by and between CATELLUS DEVELOPMENT CORPORATION, a Delaware corporation ("Landlord"), or and SYNETICS SOLUTIONS INC., an Oregon corporation (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”"Tenant"). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided that at the time of exercise and at all times prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed have the option to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to for two (2) extension options for an additional period successive terms of 60 months five (5) years each (individually, the “Extension Option”, and collectively, the “Extension Options”each being referred to as an "extended term"). The option shall be exercised only by notice no more than twelve (l2) months and no less than nine (9) months prior to the expiration of the original Term or the first Extension Option extended term, as the case may be. Said notice shall commence be effective only if given in the timely manner described; however, Tenant's exercise of its option may be deemed void in Landlord's sole discretion if Tenant is not occupying the Premises for the Permitted Use, is in default under the terms of this Lease either on the date of the notice or on the date of the expiration of the original Term or of the first extended term, as the case may be, or has assigned this Lease or sublet more than fifty percent (50%) of the Premises (other than to an Affiliated Entity). The demise of the Premises for each extended term shall be on the same terms and conditions as the original Term or the first extended term, as the case may be, except that Landlord shall have no obligation to construct or renovate the Premises or to provide any allowance or contribution with respect thereto and the charge for all parking passes to be used during the extended term shall be at the then current prevailing rate in the Garage, as such rate may vary from time to time (but not less than the highest rate being charged to Tenant for its parking passes as of the expiration of the Initial then current Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”of this Lease), and except that the second Extension Option shall commence as of Base Rent, the expiration of Operating Costs for the First Extended Term Base Calendar Year and expire on the date that is 60 full calendar months thereafter (Real Estate Taxes for the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options Base Calendar Year during such extended term shall be exercisable as follows: (1) The Extension Option set forth hereinafter. All other items of additional rent shall be upon the same material terms and conditions contained same. Once the Term is duly extended, any reference in this Lease to the "term" or "Term" of this Lease shall mean the Term as so extended. If Tenant fails to give timely notice, as aforesaid, Tenant shall have no further right to extend the Term of this Lease, except that time being of the essence in respect of this Section 10.24. Tenant shall have no option to extend the Term of this Lease other than the two (i2) additional five (5) year terms herein provided for. Notwithstanding the initial Monthly fact that, upon Tenant's exercise of the herein option to extend the Term of this Lease, such extension(s) shall be self-executing, as aforesaid, the parties shall promptly execute a lease amendment reflecting such extended term after Tenant exercises the option in question and the Base Rent, Operating Costs for the Base Calendar Year and Real Estate Taxes for the Base Calendar Year during such extended term are determined. The Base Rent for the Premises each extended term shall be equal to 95% of the Fair Market Rent fair market rental value (as defined in Section 2.2(d)(2hereinafter defined) below) for of the Premises as of the first month commencement date of such extended term. However, in no event shall the sum of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3Base Rent and amounts required to be paid by Tenant on account of Operating Costs and Landlord's Tax Expense for any twelve (12) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must month period during such extended term be given to Landlord in writing no less than eight (8) months prior to (i) the expiration sum of the initial Term Base Rent and amounts required to be paid by Tenant on account of Operating Costs and Landlord's Tax Expense for the twelve (12) month period immediately preceding the commencement of such extended term. "Fair market rental value" shall be computed as to of the first Extension Optiondate in question at the then current annual rental charge (i.e., the sum of Base Rent plus escalation and other charges), including provisions for subsequent increases and other adjustments, for leases or agreements to lease then currently being negotiated or executed for comparable space located in first-class buildings (iiincluding the Building) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”)in downtown Hartford. Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this SectionIn determining fair market rental value, the term “Fair Market Rent” following factors, among others, shall mean the base rental rate, periodic rental rate adjustment be taken into account and other charges and increases, if any, for space comparable in given effect: size, location of premises, lease term, building amenities, finishes and quality to the Premises under a primary lease (and not sublease) to new or renewing tenantscondition of building, for a comparable term with a tenant improvement allowanceallowances, if applicable and taking into consideration such amenities as existing improvements, view, floor on which creditworthiness of the Premises are situated landlord and the liketenant, situated in buildings in Emeryvilleavailability of exterior signage, Californiaand services provided by the landlord. Notwithstanding anything to the contrary contained hereinherein contained, the subject Extension Option parties hereby agree that, upon the determination of any fair market rental value, Operating Costs for the Base Calendar Year and Real Estate Taxes for the Base Calendar Year shall automatically terminate be changed from that stated in Section 1.1 above to an amount equal to the actual amount of Operating Costs and Landlord's Tax Expense, respectively, for the calendar year immediately preceding the calendar year in which the commencement date of the extended term occurs. In such event, the amount of Base Rent payable hereunder shall be commensurately adjusted to reflect such change in such base years. Landlord shall initially designate fair market rental value and Landlord shall furnish data in support of no further force or effectsuch designation. If Tenant disagrees with Landlord's designation of a fair market rental value, whether or not Tenant shall have the right, by written notice given within thirty (30) days after Tenant has timely exercised been notified of Landlord's designation, to submit such Extension Optionfair market rental value to appraisal. Fair market rental value shall be submitted to appraisal as follows: fair market rental value shall be determined by impartial MAI appraisers, one to be chosen by Landlord, one to be chosen by Tenant, and a third to be selected, if necessary, as below provided. The unanimous written decision of the two first chosen, without selection and participation of a third appraiser, or otherwise, the written decision of a majority of three appraisers chosen and selected as aforesaid, shall be conclusive and binding upon Landlord and Tenant. Landlord and Tenant shall each notify the other of its chosen appraiser within ten (10) days following the call for appraisal and, unless such two appraisers shall have reached a unanimous decision within thirty (30) days after their designation, they shall so notify the President of the Hartford Bar Association (or such organization as may succeed to said Hartford Bar Association) and request him or her to select an uncured Default exists at impartial third MAI appraiser to determine fair market rental value as herein defined. Such third appraiser and the time of exercise first two chosen shall hear the parties and their evidence and render their decision within thirty (30) days following the conclusion of such Extension Option hearing and notify Landlord and Tenant thereof. Landlord and Tenant shall bear the expense of the third appraiser (if any) equally. The decision of the appraisers shall be binding and conclusive, and judgment upon the award or at decision of the arbitrators may be entered in the appropriate court of law; and the parties consent to the jurisdiction of such court and further agree that any process or notice of motion or other application to such court or a Judge thereof may be served outside the State of Connecticut by registered mail or by personal service, provided a reasonable time of for appearance is allowed. If the dispute between the parties as to a fair market rental value has not been resolved before the commencement of Tenant's obligation to pay rent based upon such fair market rental value, then Tenant shall pay Base Rent and other charges under this Lease in respect of the subject Extended Termpremises in question based upon the fair market rental value designated by Landlord until either the agreement of the parties as to the fair market rental value, or the decision of the appraisers, as the case may be, at which time Tenant shall pay any underpayment of rent and other charges to Landlord, or Landlord shall refund any overpayment of rent and other charges to Tenant.

Option to Extend. Provided Tenant is not in default in its obligations hereunder beyond any applicable cure period, Tenant shall have an option to extend this Lease for an additional term (hereinafter referred to as “Extended Term”) commencing immediately upon the expiration of the initial term hereof and continuing for a period of five (5) years, provided that Tenant proceeds strictly in accordance with the provisions of this Section III(c). Not later than two hundred seventy (270) days prior to the last day of the initial term hereof (the “Notice Date”), Tenant shall advise Landlord in writing that Tenant wishes to extend the term of this Lease (hereinafter referred to as “Tenant’s Extension Notice”). If at the time Landlord receives Tenant’s Extension Notice this Lease is in full force and effect without default on the part of exercise and at all times prior the Tenant beyond any applicable cure period, then, during the next thirty (30) days, Landlord shall notify Tenant in writing of the Rent pursuant to Section IV of the Lease which shall be due for the Extended Term. The Rent specified by Landlord shall be that which the Landlord projects will be the fair market rent as of the commencement of the subject Extended Term, but in no event less than the rent for the last year during the initial term of this Lease. Within three (3) weeks after Landlord has given Tenant notice of the Rent pursuant to Section IV of this Lease for the Extended Term, Tenant shall notify Landlord whether or not be it agrees to pay such Rent. If Tenant shall agree in default under writing to pay such Rent, then this Lease or otherwise failed to have timely performed all shall be extended for the Extended Term without the execution of Tenant’s obligations under this Leaseany additional documents, the Term and each and every term and condition of this Lease shall apply during the Extended Term except only that the Rent specified in Section IV of this Lease during the Extended Term shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, that agreed upon by Landlord and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”)Tenant, and the second Extension Option phrase “term of this Lease” shall commence as of be construed to mean the expiration of the First Extended Term of this Lease. If Tenant shall not agree in writing to pay such Rent, this Lease shall terminate as provided in Section III(a) of this Lease and expire Tenant shall vacate the Premises on the or before such date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually in accordance with the First provisions of this Lease. If Tenant shall fail to give Landlord written notice on or before the Notice Date, as hereinbefore specified, Tenant shall have no right to extend this Lease for the Extended Term, an “Extended Term”). The Extension Options and this Lease shall be exercisable terminate as follows: (1provided in Section III(a) The Extension Option of this Lease and Tenant shall be upon vacate the same material terms and conditions contained Premises on or before such date in accordance with the provisions of this Lease, except that unless Tenant shall have elected by written notice to Landlord during said three (i3) week period to have the initial Monthly Base Rent rent for the Premises Extended Term determined by the arbitration system described herein. Each of Landlord and Tenant shall be equal at its own cost and expense retain a real estate broker, who must have ten (10) years experience in commercial leasing in the greater Boston metropolitan market, to determine the Fair Market Rent (as defined in Section 2.2(d)(2) below) fair market rent for the Premises as of the first month commencement date of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaintExtended Term, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option which appraisals must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within completed and submitted within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject appraisal process by Tenant’s notice. If the two appraisals are within ten percent (10%) of each other, the average of the two amounts shall constitute the rent which shall be due during the Extended Term. If the two appraisals are not within ten percent (10%) of each other, the two brokers shall select a third real estate broker (who must also possess the minimum qualifications described above), who within the next thirty (30) days shall select which of the two initial amounts shall constitute the rent which shall be due during the Extended Term. Landlord and Tenant shall each bear one-half of the cost of said third broker. The appraisal process shall be binding upon both Landlord and Tenant, and once the process is initiated, Tenant may not withdraw the exercise of the Option to Extend. If Tenant shall fail to give Landlord written notice not less than two hundred seventy (270) days prior to the expiration of the initial term of this Lease, Tenant shall have no right to extend this Lease for the Extended Term, and this Lease shall terminate as provided in Section III, and Tenant shall vacate the Premises on or before such date in accordance with the provisions of this Lease.

Option to Extend. Provided that (a) Tenant shall have two options to extend the Lease for consecutive ten year periods (each an “Extended Term”) upon expiration of the then current Term, at a Minimum Rent equal to the time then-market rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise and at all times Tenant's option to extend the Lease on or before 180 days prior to the commencement Expiration Date of the subject then applicable term. Upon receipt of such notice, Landlord and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant shall does not be timely accept the Rent Notice, or Tenant is in default under this Lease or otherwise failed after notice and time to have timely performed all of Tenant’s obligations under cure at the time it exercises this Leaseoption. If ▇▇▇▇▇▇ accepts the Rent Notice, the Term of ▇▇▇▇▇▇ will execute an amendment to this Lease shall be subject to two (2) so confirming the extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), Lease and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base new Minimum Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) within 30 days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of same from Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality This option is personal to the Premises under a primary lease (named Tenant and not sublease) its permitted successors and assigns pursuant to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termsubparagraph 22(b).

Option to Extend. Provided that at Lessee shall have the time of exercise and at all times prior option to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two (2) extension options for an additional ---------------- a period of 60 months each five (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (15) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) years immediately following the expiration of the initial Term (the "Extended Term"), on all provisions contained in this Lease (except for Base Rent and such other terms and conditions as are specifically or by their operation limited to the first Extension Option), initial Term only and except that Lessee shall have no further right or (ii) option to extend the term upon the expiration of the First Extended Term (as to Term), by giving notice of exercise of the second Extension Option) option (the “Extension "Option Notice”). Within thirty ") to Lessor at least twelve (3012) days of Landlord’s receipt months but not more than fifteen (15) months before the expiration of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent then applicable Term. Lessor's ability to plan for the Premises (orderly transaction of its rental business, to accommodate the “Fair Market Rent Notice”). For purposes needs of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment other existing and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing potential tenants, for a comparable term and to enjoy the benefits of increasing rentals at such times as Lessor is able to do so in its sole and absolute discretion, are fundamental elements of Lessor's willingness to provide Lessee with a tenant improvement allowancethe option to extend contained herein. Accordingly, if applicable and taking into consideration such amenities as existing improvements, view, floor on which Lessee hereby acknowledges that strict compliance with the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary notification provisions contained herein, and Lessee's strict compliance with the subject Extension Option time period for such notification contained herein, are material elements of the bargained for exchange between Lessor and Lessee and are material elements of Lessee's consideration paid to Lessor in exchange for the grant of the option. Therefore, Lessee's failure to adhere strictly and completely to the provisions and time frame contained in this provision shall render the option automatically terminate null, void and be of no further force or effect, whether without notice, acknowledgement, or not Tenant has timely exercised such Extension Optionany action of any nature or sort, required of Lessor. Lessee acknowledges that no other act or notice, other than the express written notice set forth hereinabove, shall act to put Lessor on notice of Lessee's intent to extend, and Lessee hereby waives any claims to the contrary, notwithstanding any other actions of Lessee during the Term of this Lease or any statements, written or oral, of Lessee to Lessor to the contrary during the Term of this Lease. Notwithstanding the foregoing, if an uncured Default exists Lessee is in default (after the expiration of any applicable period for cure pursuant to Article 22 below) on the date of giving the Option Notice, the Option Notice shall be totally ineffective, or if Lessee is in default (after the expiration of any applicable period for cure pursuant to Article 22 below) on the date the Extended Term is to commence, in addition to any and all other remedies available to Lessor under this Lease. at Lessor's election, the exercise of the option shall be deemed null and void, the Extended Term shall not commence, and this Lease shall expire at the time of exercise of such Extension Option or at the time of commencement end of the subject Extended Term. Further, the option to extend granted pursuant hereto and this entire Article 3.b. shall be null and void and of no further force or effect if during the twelve (12) month period prior to the delivery of the Option Notice, Lessee has incurred two or more late charges pursuant to Article 40.a. below, due to late payment of Base Rent (regardless of whether such late payment was subsequently cured). The option to extend granted pursuant hereto is personal to original Lessee signatory to this Lease and cannot be assigned, transferred or conveyed to, or exercised for the benefit of, any other person or entity (voluntarily, involuntarily. by operation of law or otherwise) including, without limitation, to any assignee or subtenant permitted under Article 13, other than a "Permitted Transferee" (as defined in Article 13). All of Lessee's rights under this Article 3.b. shall terminate upon the expiration of the initial Term or sooner termination of this Lease.

Option to Extend. Provided that (i) Tenant has not sublet more than 30% of the Premises, and (ii) at the time of exercise and at all times prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two one (21) extension options option for an additional period of 60 36 months each (individually, the “Extension Option”), and collectively, the “Extension Options”). The first Extension Option shall commence commencing as of the expiration of the Initial Term Term, and expire expiring on the date that is 60 36 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(22.2(c)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(32.2(c)(3) below below; and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an the Extension Option must be given to Landlord in writing no less than eight (8) months 365 days and no more than 455 days prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). , Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for second-generation office/laboratory space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such the Extension Option, if an uncured a monetary or material non-monetary Default exists at the time of exercise of such the Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided that at the time of exercise and at all times prior to the commencement of the subject Extended Term15.1 So long as Adept Technology, Tenant shall not be in default under this Lease Inc., a California corporation (or otherwise failed to have timely performed all of Tenant’s obligations under this Leaseits Permitted Assignee, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for 7.2), is the Premises as Tenant hereunder and occupies the entirety of the first month of Leased Premises, and subject to the subject Extension Option determined in the manner condition set forth in Section 2.2(d)(3clause (b) below and (ii) below, Tenant shall accept have one option to extend the Premises in an “as is” condition without any obligation term of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, this Lease with respect to the terms entirety of Section 8.1 the Leased Premises, for a period of this Lease). five (25) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) years from the expiration of the initial Lease Term (as the "Extension Period"), subject to the first Extension Option)following conditions: (a) The option to extend shall be exercised, or (ii) if at all, by notice of exercise given to Landlord by Tenant not more than fifteen months nor less than nine months prior to the expiration of the First Extended Term initial Lease Term; (as b) Anything herein to the second Extension Option) (contrary notwithstanding, if Tenant is in default under any of the “Extension Notice”). Within thirty (30) days monetary or material non-monetary terms, covenants or conditions of Landlord’s receipt this Lease, either at the time Tenant exercises the extension option or on the commencement date of the Extension NoticePeriod, Landlord shall send Tenant written notice have, in addition to all of Landlord’s determination 's other rights and remedies provided in this Lease, the right to terminate such option to extend upon notice to Tenant. 15.2 In the event the option is exercised in a timely fashion, the Lease shall be extended for the term of the Extension Period upon all of the terms and conditions of this Lease, provided that the Base Monthly Rent for the Extension Period shall be the "Fair Market Rent" for the Leased Premises, increased annually on each anniversary of the commencement date of the Extension Period to reflect the change in the Consumer Price Index for the San Francisco Metropolitan Area, All Items (the "CPI"), for the twelve (12) month period ending sixty (60) days prior to the subject adjustment date, but in no event shall Base Monthly Rent be increased less than 4.00% per annum, nor more than 7.00% per annum for such twelve (12) month period. Base Monthly Rent shall be so adjusted at the end of each twelve (12) month period during the Lease Term. For purposes hereof, "Fair Market Rent" shall mean the Base Monthly Rent determined pursuant to the process described below. In no event, however, shall any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the Base Monthly Rent for the Premises (below the “Fair Market Rent Notice”). For purposes of this Section, amount due from Tenant for the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement preceding portion of the subject Extended Terminitial Lease Term for which Base Monthly Rent had been fixed.

Option to Extend. Provided that Tenant is not in default hereunder (i.e., after expiration of any applicable cure period specified in Section XX.A., without cure during such period, if any) either at the time date Tenant's notice of exercise is given or on the date the Additional Term (as defined below) would otherwise commence, and provided further that Tenant is entitled to and concurrently exercises its option to extend the term of the lease between Landlord and Tenant of even date herewith for certain other premises (the "Other Premises") within the other building located in the Project (the "Other Lease"), Tenant shall have the option to extend the Term by one (1) additional period of five (5) years (the "Additional Term"). The Additional Term shall commence, if at all times all, on the day after the Expiration Date and shall continue through the fifth (5th) anniversary of the Expiration Date specified in Section I. above (as amended pursuant to Section III., if applicable), subject to earlier termination as provided herein. Such option shall be exercised, if at all, by written notice to Landlord given at least nine (9) and no more than twelve (12) months prior to the commencement Expiration Date of the subject Extended initial Term. If Tenant is entitled to and gives notice in the manner and within the time set forth in this subsection A., then the Term shall be extended by the Additional Term, Tenant shall not be on all of the conditions set forth in default under this Lease or otherwise failed to have timely performed all for the original Term, except that: (1) Monthly Rental for the Additional Term and for the additional term of Tenant’s obligations under this Lease, the Term of this Other Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, at the “Extension Option”fair market rental value thereof, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable determined concurrently, as follows: (1a) The Extension Option For a period of fifteen (15) days after Tenant's exercise of the foregoing option with respect to the Additional Term, Landlord and Tenant shall be upon attempt to agree on the same material terms fair market rental value for the Additional Term of this Lease and conditions contained in this the Other Lease. In determining fair market rental, except that (i) parking charges, if any, then imposed or proposed to be imposed for parking at the initial Monthly Base Rent for the Premises Project shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below considered and (ii) Tenant shall accept Alterations made to the Premises by Tenant at Tenant's cost shall not be considered. If Landlord and Tenant are unable to so agree within such fifteen (15) day period, then each party shall, by written notice to the other party given within ten (10) days after expiration of such fifteen (15) day period, select an appraiser. If either party shall fail to select an appraiser in such manner and within such time, the single appraiser actually selected shall perform the appraisal. Tenant shall, by written notice to each appraiser with a copy to Landlord, request each appraiser to obtain information from Landlord with respect to parking charges for the Additional Term, and Landlord shall promptly provide each appraiser the amount of any parking charge to be assessed Tenant during the Additional Term. If each party timely and properly selects an “appraiser, the two appraisers selected by the parties shall determine and attempt to agree on the fair market rental value for the Additional Term of this Lease and the Other Lease within thirty (30) days after their appointment; if they are unable to so agree and their appraised values differ by more than five percent (5%) in the aggregate over the Additional Term of this Lease and/or the Other Lease, the two appraisers shall, by written notice to Landlord and Tenant, select a third appraiser within five (5) days after expiration of the thirty (30) day period within which they were to determine and agree on the fair market rental, which third appraiser shall analyze the fair market rental for the additional term for each lease with respect to which such difference in appraisals exists. If they cannot agree on a third appraiser within such time period, or if both parties fail to select an appraiser in the manner and within the time herein provided, either party may have the third (or sole, if applicable) appraiser appointed by application to the presiding judge of the San Diego County Superior Court or his or her designee. If the appraised value of the first two appraisers are within five percent (5%) in the aggregate over the Additional Term for either or both this Lease and the Other Lease, then Landlord shall calculate the average of the two appraised values as is” condition without any obligation a flat rental rate for the proposed term of Landlord to repaintsuch lease(s), remodel, repair, improve or alter which average shall be the fair market rental rate for the Additional Term of such lease(s). (b) The appraisers shall have the MAI designation and a minimum of ten (10) years experience in the San Diego office market. Each of the first two appraisers shall analyze the fair market rental value of the Premises (subject, however, and the premises which are the subject of the Other Lease and shall give written notice to the terms parties of Section 8.1 his or her appraisal within thirty (30) days following his or her appointment or selection, but in no event later than the commencement of this Leasethe Additional Term. If a single appraiser is used, his or her determination shall be the fair market rental rate. If three appraisers are used, the third appraiser shall select one of the values determined by the first two appraisers as the fair market rental rate for any lease with respect to which the appraisals differ by more than five percent (5%). The cost of the appraisals shall be shared equally by Landlord and Tenant. (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration The provisions of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”)Section III. Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes and EXHIBIT C. of this Section, the term “Fair Market Rent” Lease shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease not apply; and (and not sublease3) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option There shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at options to extend the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided that at the time of exercise and at all times prior Subject to the commencement of the subject Extended Termterms and conditions set forth below, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, may at its option extend the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: One (1) period of TEN (10) years. Such period is called the “Renewal Term.” The Extension Option Renewal Term shall be upon the same material terms and conditions contained in this Lease, except that (i) Landlord shall have no obligation to provide Tenant with any Tenant Improvement Allowance or demolition in connection with the initial Monthly Renewal Term, (ii) the Base Rental during the Renewal Term shall be calculated as set forth below, and (iii) any reference in the Lease to the “Term” of the Lease shall be deemed to include the Renewal Term and apply thereto, unless it is expressly provided otherwise. Tenant shall have no additional extension options. The Base Rent for during the Premises Renewal Term shall be equal to at the then Fair Market Rent ▇▇▇▇▇▇ Rate (as defined in Section 2.2(d)(2) belowhereinafter) for the Premises as such space for a term commencing of the first month day of the subject Extension Option determined Renewal Term. “Market Rate” shall mean the then prevailing market rate for a comparable term commencing on the first day of the Renewal Term for tenants of comparable size and creditworthiness for comparable space in the manner set forth Building and other Office buildings in Section 2.2(d)(3the Alameda Area. In no event shall the Base Rent payable during the first (1st) below and year of the Renewal Term be less than the Base Monthly Rent of January 2025. Base Rent during the Renewal Term shall increase at four percent (ii4%) per year. To exercise any option, Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given deliver a binding written notice to Landlord in writing no less not sooner than eight twelve (8) 12) months nor later than six (6) months prior to (i) the expiration of the initial Initial Term (as to of this Lease. Thereafter, the first Extension Option), or (ii) Market Rate for the expiration Renewal Term shall be calculated by Landlord and Landlord shall inform Tenant of the First Extended Term (as to Market Rate. If the second Extension Option) (parties cannot agree on the “Extension Notice”). Within Market Rate within thirty (30) days of following Landlord’s receipt delivery of a statement of Fair Market Rent, the parties shall each, within ten (10) business days following the expiration of such thirty (30) day period, appoint a real estate broker (with at least 10 years experience in office leasing in Alameda) to determine the Market Rate, and each such broker will deliver its determination within ten (10) additional business days. If the lower of the Extension Noticetwo is within 90% of the higher of the two valuations, Landlord then the Market Rent shall send Tenant written notice be the average of Landlord’s the two. If a party fails to timely designate a broker, the broker designated by the other party will determine the Market Rate. If the lower of the two valuations Is less than 90% of the higher valuation, then the two brokers/appraisers originally selected by the parties shall, within five (5) business days, select a third broker/appraiser and shall present their final determinations of Market Rate to the third broker/appraiser, and the third broker/appraiser shall pick one of those two as being the Market Rate. The determination of the Fair Market Rent for third broker/appraiser shall be binding on the Premises (the “Fair Market Rent Notice”)parties. For purposes If Tenant falls to timely give its notice of this Sectionexercise, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality Tenant will be deemed to the Premises under a primary lease (and not sublease) have waived its option to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termextend.

Option to Extend. Provided (a) Tenant shall have two (2) consecutive options to extend the Term of this Lease with respect to all of the Premises for a period of five (5) years each commencing on the Term Expiration Date (the "Extension Period") subject to the conditions contained in this Section. The options to extend are sometimes referred to collectively herein as an "Option to Extend." (i) The Option to Extend shall be exercised, if at all, by written notice of exercise given to Landlord by Tenant not more than eighteen (18) months nor less than twelve (12) months prior to the expiration date of the Term Expiration Date. In the event that Tenant fails to deliver such exercise notice to Landlord on or before the date that is exactly twelve (12) months prior to the Term Expiration Date, the Option to Extend shall be null and void and of no further force or effect. (ii) Anything herein to the contrary notwithstanding, if an Event of Default has occurred with respect to Tenant which remains uncured following the expiration of any applicable notice and cure period, either at the time Tenant exercises the Option to Extend or on the commencement date of the Extension Period, then Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate the Option to Extend upon thirty (30) days written notice to Tenant (with Tenant having failed to cure the default during such thirty (30) day period). (b) In the event the Option to Extend is exercised in a timely fashion, this Lease shall be extended for an additional five (5) years upon all of the terms and conditions of this Lease; provided, that, the Base Expense Year and Base Tax Year shall be adjusted to the calendar year in which each Option to Extend is effective (however, if the Option to Extend is effective during the last three (3) months of a calendar year, the Base Expense Year and Base Tax Year shall be the next calendar year); and provided further that, the Base Monthly Rent and additional rent for such Extension Period shall be adjusted to equal ninety-seven percent (97%) of the "Fair Market Rent" for each floor of the Premises and provided further that there shall be no tenant improvement allowance and, upon the exercise and at all times of the second Option to Extend, no further option to extend the Lease Term. For purposes hereof, "Fair Market Rent" shall mean the prevailing gross rental rate per annum per square foot as of the date six (6) months prior to the commencement of the subject Extended TermExtension Period, Tenant shall not including, without limitation, base rent, additional rent and all other monetary payments (including base rent increases and step-ups) agreed to be paid by new tenants generally for similar space in default under this Lease or otherwise failed a condition (including the state of build out) and location (within the Building and any comparison buildings) comparable to have timely performed all each floor of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without comparable buildings for five (5) year terms, pursuant to new leases entered into by such other tenants, and considering any obligation rental abatement and any other similar concessions granted in connection with new leases for such comparable space (including tenant improvement allowances and other similar items but excluding the payment of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Leaseany leasing commissions in comparable transactions). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided (a) Landlord hereby grants Tenant two (2) consecutive options (individually an “Option” and collectively the “Options”) to extend the Term of the Lease for an additional period of three (3) years per Option (each such period may be referred to as the “Option Term”), as to the entire Premises as it then exists, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at the time of exercise of each Option Tenant must be in occupancy (and at all times occupancy by a subtenant, licensee or other party permitted or suffered by Tenant, other than pursuant to the Maxygen Sublease, shall not satisfy such condition) of more than 75% of the Rentable Area of the entire Premises. (b) Tenant’s election (the “Election Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is twelve (12) months prior to the commencement of Expiration Date and no later than the subject Extended date which is six (6) months prior to the Expiration Date. If Tenant either fails or elects not to exercise the Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void, including, if more than one Option is granted, the then applicable Option to Extend and all further Options to Extend. (c) The Option Term (and each Option Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2if more than one Option is granted) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of immediately after the expiration of the Initial preceding Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration Lease. Tenant’s leasing of the First Extended Premises during the Option Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon and subject to the same material terms and conditions contained in this Lease, the Lease except that (i) Tenant shall pay the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as “Option Term Rent”, defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option and determined in the manner set forth in Section 2.2(d)(3the immediately following Subsection; (ii) below the Security Deposit shall be increased to an amount that is the same percentage or proportion of Option Term Rent as the prior amount of Security Deposit was in relation to Rent for the Term prior to the Option Term, but in no event shall the Security Deposit be decreased; and (iiiii) Tenant shall accept the Premises in an its “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subjector to provide Tenant any allowance therefor, except to the extent tenants leasing space in Comparable Transactions receive an allowance pursuant to the definition of Fair Market Rental Rate defined in Exhibit B hereto, provided, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be Landlord by notice given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within Tenant within thirty (30) days after final determination of the Fair Market Rental Rate, may elect to provide, in lieu of such allowance for alterations to the Premises, a rent credit equal to the amount of the allowance that would have otherwise been given, credited toward the rents applicable only to the Premises and due starting after such rent obligation commences. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the preceding Term as extended by the Option Term unless the context clearly requires otherwise. (d) The Option Term Rent shall mean the sum of the Monthly Base Rent at the Fair Market Rental Rate (as defined in Exhibit B) plus Rent Adjustments and/or certain Operating Expenses (if applicable, based upon a step-up to change the base year or base amount for calculation of Operating Expenses in connection with determination of the Fair Market Rental Rate) plus other charges pursuant to the Lease payable to Landlord. The determination of Fair Market Rental Rate and Option Term Rent shall be made by Landlord, in the good faith exercise of Landlord’s receipt business judgment and in accordance with Exhibit B attached hereto. Within forty-five (45) days after Tenant’s exercise of the Extension NoticeOption To Extend, Landlord shall send notify Tenant written notice of Landlord’s determination of the Fair Market Rental Rate and Option Term Rent for the Premises Premises. Tenant may, within fifteen (15) days after receipt thereof, deliver to Landlord a written notice either: (i) accepting Landlord’s determination, in which case the extension shall be effective and binding (subject to Subsection (f) below) at the accepted rate; or (ii) setting forth Tenant’s good faith estimate, in which case Landlord and Tenant will promptly confer and attempt to agree upon the Fair Market Rental Rate and Option Term Rent. Tenant’s failure to timely deliver such notice within such fifteen (15) day period shall be deemed its cancellation of the Option. In the event Tenant has delivered notice setting forth Tenant’s different estimate, but no agreement in writing between Tenant and Landlord on Fair Market Rental Rate and Option Term Rent is reached within thirty (30) days after Landlord’s receipt of Tenant’s estimate, the Fair Market Rental Rate shall be determined in accordance with the terms of Exhibit B. Notwithstanding any of the foregoing to the contrary, at no time during the Option Term shall the Option Term Rent be less than ninety-five percent (95%) of the “Preceding Rent” (defined below). The Preceding Rent shall mean the sum of the Monthly Base Rent payable by Tenant under this Lease calculated at the rate applicable for the last full month of the Term preceding the Option Term plus the Rent Adjustments payable by Tenant under the Lease (if applicable, using the base year for calculation of Base Operating Expenses applicable for the last full month of the Term preceding the Option Term), plus other charges pursuant to the Lease payable to Landlord. To the extent that Tenant pays directly the utility or service provider for utilities or services which Tenant is to obtain directly pursuant to the Lease, Tenant shall continue to pay such amounts, but such amounts shall not be counted as part of the Preceding Rent or the Fair Market Rental Rate as used herein. Further, in the event that Landlord notifies Tenant that the Option Term Rent Notice”shall equal ninety-five percent (95%) of the Preceding Rent, such determination shall be conclusive and binding to set the Preceding Rent as the Option Term Rent for the Option Term, Tenant shall not be entitled to dispute or contest such determination, and the extension shall be effective and binding (subject to Subsection (f) below). (e) Promptly after final determination of the Fair Market Rental Rate, Landlord shall prepare a memorandum confirming the specific dates, amounts and terms of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend, in the form of an amendment to the Lease, and Tenant shall execute such amendment within five (5) business days after Landlord and Tenant agree to the form of the proposed amendment and Landlord shall execute it promptly after Tenant. For purposes Notwithstanding any of the foregoing to the contrary, the failure of Landlord to prepare such amendment or of either party to execute an amendment shall not affect the validity and effectiveness of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, whereupon any prior or subsequent exercise of this Option to Extend shall be of no force or effect: (i) Tenant’s failure to timely exercise or timely to perform the Option to Extend in strict accordance with the provisions of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease . (and not subleaseii) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists The existence at the time of exercise of such Extension Tenant exercises the Option to Extend or at the time of commencement of the subject Extended Option Term of a Default on the part of Tenant under the Lease. (iii) Tenant’s third Default under the Lease prior to the commencement of the Option Term, notwithstanding that all such Defaults may subsequently be cured. (g) Without limiting the generality of any provision of the Lease, time shall be of the essence with respect to all of the provisions of this Section. (h) This Option to Extend is personal to Perseid (or, if applicable, a Tenant Affiliate who has been assigned (or deemed to have been assigned under clause 10.01(d) of the Lease) all of Tenant’s right, title and interest under the Lease in full compliance with Article 10 and all other provisions thereof) and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any other person or entity. In all events, this Option to Extend shall at any time be exercisable by, accrue to the benefit of and be personal to no more than only a single person or entity.

Option to Extend. Provided that at Landlord hereby grants to Tenant an option to extend the time of exercise and at all times prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term term of this Lease shall be subject to two for the Option Term upon written notice given not less than six (26) extension options for an additional period of 60 months each and not more than twelve (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as 12) months in advance of the expiration of the Initial Term and expire on Term; provided however, that Tenant's exercise of such option shall not be effective if (a) Tenant shall be in default beyond the date that is 60 full calendar months thereafter (applicable cure period after notice from Landlord under any of the “First Extended Term”), and monetary or other materials terms of this Lease either at the second Extension Option shall commence as time of such exercise or at the expiration of the First Extended Term and expire on then Initial Term; or (b) if Tenant has not met the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent Gross Sales Threshold (as defined in Section 2.2(d)(21.9 and adjusted per Section 5.8 each year of the Lease Term) belowrequired for the preceding twelve (12) for month period; provided, further, Landlord may condition Tenant's extension of the Term of this lease on Tenant's refurbishment of the Premises if such refurbishment is reasonably necessary to maintain the Premises as a first class establishment in accordance with Section 16.1 and Article 14. All terms and conditions applicable to the Initial Term shall be applicable to the Option Term, including but not limited to provisions regarding Minimum Annual Rental and Percentage Rental annual increases; however, the provisions of Exhibit C regarding the initial construction of the first month Premises shall not be applicable. In the event Tenant has not met the Gross Sales Breakpoint (as defined in Section 1.8 and adjusted per Section 5.3 each year of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3Lease Term) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent required for the Premises preceding (12) month period, then the “Fair Market Rent Notice”). For purposes of this Sectionoption to extend is personal to Tenant and may not be exercised or be assigned, the term “Fair Market Rent” shall mean the base rental ratevoluntarily or involuntarily, periodic rental rate adjustment and by or to any person or entity other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termthan Tenant.

Option to Extend. Provided that at the time of exercise and at all times prior to the commencement a. As of the subject Extended TermEffective Date, Section 3.2 of the Existing Lease is hereby amended to grant Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options (in place of the one (1) option granted in the Existing Lease) to extend the applicable Initial Term of the Lease as to the Third Floor Portion, Fourth Floor Portion and Original Storage Space and as to the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space for an two (2) additional period periods of 60 months each five (individually, the “Extension Option”, and collectively5) years each. Such options shall collectively be referred to as, the “Extension Options”). ” and individually, as an “Extension Option.” The first exercise of any Extension Option shall commence as be governed by the terms and conditions of Section 3.2 of the expiration of Existing Lease; provided however that since the Initial Term lease term for the Third Floor Portion, Fourth Floor Portion and expire Original Storage Space, on the date that is 60 full calendar months thereafter one hand, and the lease term for the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space (the “First Extended Term”if such Additional Storage Space has been delivered to Tenant), on the other hand, are not coterminous (a) reference to the Premises in Section 3.2 shall be deemed to refer to either the Third Floor Portion, Fourth Floor Portion and Original Storage Space or to the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space, as applicable; (b) the second Extension Option as to the Third Floor Portion, Fourth Floor Portion and Original Storage Space shall commence automatically terminate if Tenant fails to timely and properly exercise the first Extension Option as to the Third Floor Portion, Fourth Floor Portion and Original Storage Space in accordance with the terms and conditions of Section 3.2; and (c) the second Extension Option as to the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space shall automatically terminate if Tenant fails to timely and properly exercise the first Extension Option as to the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space. b. The first sentence of Section 3.2.1 of the expiration Existing Lease is deleted and replaced in its entirety with the following: If no “Suspension Condition” (as hereinafter defined) exists at the time of Tenant’s exercise of the First Extended option to extend the Term and expire on or at the date that is 60 full calendar months thereafter (commencement of the “Second Extended Term, and, with respect to the option to extend the Fourth Floor Portion, Tenant has timely and properly exercised the option to extend the fourth floor of the Annex set forth in the Annex Lease for the comparable extended term, Tenant shall have two (2) options (each, an “Extension Option”, and individually with ) to extend the First Extended TermInitial Term for additional periods of five (5) years (each, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided Subtenant shall have the right and option to extend ---------------- the Term for an additional two (2) years and nine (9) months until September 30, 2005 (the "Extension Term") commencing upon the expiration of the original Term referred to in Section 2.2 (the "Original Term"), provided that Subtenant shall give Sublandlord notice of Subtenant's irrevocable exercise of such option at least ninety (90) days prior to the expiration of the Original Term and provided further that Subtenant shall not be in default at either the time of giving such notice or at the time of the commencement of the Extension Term in the performance or observance of any of the terms and provisions of this Sublease on the part of Subtenant to be performed or observed. Prior to the exercise by Subtenant of such option, the expression "Term" shall mean the Original Term, and after the exercise by Subtenant of such option, the expression "Term" shall mean the Original Term as it has been extended by the Extension Term. Except as expressly otherwise provided in the following paragraph, all the terms, covenants, conditions, provisions and agreements in the Sublease contained shall be applicable to the Extension Term. If Subtenant shall give notice of its exercise of such option to extend in the manner and within the time period provided aforesaid, the Term shall be extended upon the giving of such notice without the requirement of any further action on the part of either Subtenant or Sublandlord. If Subtenant shall fail to give timely notice of the exercise of such option as aforesaid, Subtenant shall have no right to extend the Term of this Sublease, time being of the essence of the foregoing provisions. The Monthly Fixed Rent payable during the Extension Term shall be the greater of (i) the Monthly Fixed Rent in effect for the year immediately preceding the commencement of the Extension Term or (ii) the Fair Market Rent for the Premises, as determined below, as of the commencement of the Extension Term. If for any reason the Monthly Fixed Rent payable during the Extension Term has not been determined as of the commencement of the Extension Term, Subtenant shall pay the Monthly Fixed Rent payable during the immediately preceding year until the Monthly Fixed Rent for the Extension Term is determined, at all times which time, an appropriate adjustment, if any, shall be made. For purposes hereof, the Fair Market Rent shall mean the fair rent for the Premises as of the commencement of the Extension Term under market conditions then existing. Fair Market Rent shall be determined by agreement between Sublandlord and Subtenant, but if Sublandlord and Subtenant are unable to agree upon the Fair Market Rent at least two (2) months prior to the date upon which the Fair Market Rent is to take effect, then the Fair Market Rent shall be determined by appraisal made as hereinafter provided by a board of three (3) reputable independent commercial real estate consultants, appraisers, or brokers, each of whom shall have at least ten (10) years of experience in the Westboro office rental market and each of whom is hereinafter referred to as "Appraiser". Subtenant and Sublandlord shall each appoint one such Appraiser and the two (2) Appraisers so appointed shall appoint the third Appraiser. The cost and expenses of each Appraiser appointed separately by Subtenant and Sublandlord shall be borne by the party who appointed the Appraiser. The cost and expense of the Third Appraiser shall be shared equally by Subtenant and Sublandlord. Sublandlord and Subtenant shall appoint their respective Appraisers at least fifty-five (55) days prior to commencement of the Extension Term and shall designate the Appraisers so appointed by notice to the other party. The two Appraisers so appointed and designated shall appoint the third Appraiser at least forty-five (45) days prior to the commencement of the subject Extended Term, Tenant Extension Term and shall not be in default under this Lease or otherwise failed designate such Appraiser by notice to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, Sublandlord and collectively, the “Extension Options”)Subtenant. The first Extension Option board of three (3) Appraisers shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to determine the Fair Market Rent (as defined in Section 2.2(d)(2) below) for of the Premises as of the first month commencement of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below Term and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation notify Sublandlord and Subtenant of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within their determinations at least thirty (30) days of Landlord’s receipt prior to the commencement of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s Term. If the determination of the Fair Market Rent for of any two (2) or all three (3) Appraisers shall be identical in amount, said amount shall be deemed to be the Premises (the “Fair Market Rent Notice”)of the Premises. For purposes If the determination of all three (3) Appraisers shall be different in amount, the average of the two (2) values nearest in amount shall be deemed the Fair Market Rent of the Premises. The Fair Market Rent of the Premises determined in accordance with the provisions of this Section, the term “Fair Market Rent” Section shall mean the base rental rate, periodic rental rate adjustment be binding and other charges conclusive on Subtenant and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended TermSublandlord.

Option to Extend. Provided that (i) Tenant has not sublet any portion of the Premises other than Suite 120, and (ii) no monetary Default or material non-monetary Default by Tenant exists at the time of exercise and or at all times prior to the time of commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two one (2I) extension options option for an additional period of 60 sixty (60) months each (individually, the “Extension Option”), and collectively, the “Extension Options”). The first Extension Option shall commence commencing as of the expiration of the Initial Term Tern, and expire expiring on the date that is 60 sixty (60) full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) fair market rent for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(32.2(b)(3) below below, (ii) on each anniversary of the commencement date of the Extended Term, the Monthly Base Rent shall increase three and one-half percent (3\/,%), on a cumulative basis, and (iiiii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this the Lease). (2) Tenant’s election to exercise an the Extension Option must be given to Landlord in writing no less than eight three hundred and sixty-five (8) months 365) days prior to (i) the expiration of the initial Initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s good faith determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Berkeley and Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such the Extension Option, if an uncured a monetary Default or material non-monetary Default exists at the time of exercise of such the Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided that at Landlord hereby grants Tenant the time of exercise and at all times prior right to extend the commencement term of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two for one (21) extension options for an additional period of 60 months each five (individually, 5) years (such extended period is hereinafter referred to as the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon on the same material terms and conditions contained in this the Lease, except that (i) the initial Monthly Base Rent for the Premises Extended Term shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below hereinbelow, and (ii) Tenant no additional options to extend shall accept apply following the Premises in an expiration of the Extended Term. Written notice of Tenant’s exercise of its option to extend (“as is” condition without any obligation of Landlord Option to repaint, remodel, repair, improve or alter Extend”) the Premises (subject, however, to the terms of Section 8.1 Term of this Lease). (2) Tenant’s election to exercise an Extension Option Lease for the Extended Term must be given to Landlord in writing no less than eight twelve (8) 12) months prior to the Expiration Date. If Tenant is in default under this Lease and all applicable notice and cure periods have run, then Tenant shall have no right to extend the Term of this Lease; provided, however that the period of time within which said option may be exercised shall not be extended or enlarged by reason of Tenant’s inability to exercise said option because of such default. In the event Tenant validly exercises its Option to Extend the Term of this Lease as herein provided, Base Rent shall be adjusted as of the commencement date of the Extended Term as follows: (a) Within thirty (30) days after exercise of its Option to Extend by Tenant, Landlord shall provide Tenant with Landlord’s determination of the fair market Base Rent for the Extended Term, including periodic increases as dictated by the current market (“Landlord’s Determination of Base Rent for Extended Term”). No later than the date thirty (30) days after Tenant’s receipt of Landlord’s Determination of Base Rent for Extended Term, Tenant shall provide notice to Landlord electing either: (i) to accept Landlord’s Determination of Base Rent for Extended Term; or (ii) to withdraw Tenant’s exercise of its Option to Extend, or (iii) to disapprove Landlord’s Determination of Base Rent for Extended Term but to not withdraw its exercise of the Option to Extend. In the event Tenant fails to give Landlord notice of its election of (i), (ii), or (iii) in the preceding sentence, Tenant shall be deemed to have elected to disapprove Landlord’s Determination of Base Rent and to have withdrawn its exercise of its Option to Extend and the Term shall expire at the end of the initial Term and Tenant shall have no further rights under this Subsection 4.03. In the event Tenant accepts Landlord’s Determination of Base Rent for Extended Term, then the Landlord’s Determination of Base Rent for Extended Term shall be the Base Rent for the Extended Term. In the event Tenant elects to withdraw its exercise of its Option to Extend for the applicable Extended Term by timely notice as required in (ii) above, then this Lease shall terminate at the expiration of the initial Term and neither party shall have any further rights or obligations pursuant to this Subsection 4.03. In the event Tenant gives notice that Tenant disapproves Landlord’s Determination of Base Rent for Extended Term without withdrawing its exercise of it Option to Extend, as contemplated by (iii) above, then Landlord and Tenant shall be bound to extend the Term of the Lease for the Extended Term and the Base Rent for the Extended Term shall be determined as set forth below. (b) Within thirty (30) days after the election of the alternative set forth in Subsection 4.03(a)(iii) above, each party, at its own cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time commercial real estate appraisal experience in the area in which the Premises are located to appraise and set Base Rent for the Extended Term. If a party does not appoint an appraiser by the later to occur of (i) the expiration of the initial Term such thirty (as to the first Extension Option)30) day period or, or (ii) the expiration date ten (10) days after the other party has given notice of the First name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set Base Rent for the Extended Term Term. If each party shall have so appointed an appraiser, the two appraisers shall meet promptly and attempt to set the Base Rent for the Extended Term. If the two appraisers are unable to agree within thirty (as 30) days after the second appraiser has been appointed, they shall attempt to select a third appraiser meeting the qualifications herein stated within ten (10) days after the last day the two appraisers are given to set Base Rent. If the two appraisers are unable to agree on the third appraiser within such ten (10) day period, either of the parties to this Lease, by giving five (5) days notice to the second Extension Optionother party, may apply to the then presiding judge of the Superior Court of King County for the selection of a third appraiser meeting the qualifications stated in this paragraph. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser’s fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. (the “Extension Notice”). c) Within thirty (30) days of Landlord’s receipt after the selection of the Extension Noticethird appraiser, Landlord shall send Tenant written notice of Landlord’s determination a majority of the Fair Market appraisers shall set Base Rent for the Extended Term. If a majority of the appraisers are unable to set Base Rent within the stipulated period of time, the three appraisals shall be added together and their total divided by three (3). The resulting quotient shall be the Base Rent for the Premises during the Extended Term. If, however, the low appraisal and/or the high appraisal is/are more than ten percent (10%) lower and/or higher than the “Fair Market middle appraisal, the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2), and the resulting quotient shall be Base Rent Notice”). for the Premises during the Extended Term. (d) For purposes of this Sectionthe appraisal, the term “Fair Market Rent-fair market Base Rent-” shall mean the price that a ready and willing tenant would pay, as of the Extended Term commencement date, as a base rental rate, periodic rental rate adjustment rent to a ready and other charges willing landlord of buildings of comparable size and increasesquality (assuming improved as office space), if any, such premises were exposed for space comparable in size, location and quality lease on the open market for a reasonable period of time; including any rent increases over the Extended Term to the Premises extent normal under a primary lease then current market conditions. In no event shall there be deducted from such fair market Base Rent, the value of any concessions, including without limitation tenant improvements, commissions, free rent and/or “downtime”. In no event shall the fair market Base Rent determined pursuant to this Section 4.03 be less than the Base Rent in effect during the last month of the initial Lease Term. (e) In the event Tenant timely exercises its Option to Extend pursuant to this Subsection 4.03 (and Tenant does not subleasewithdraw its exercise pursuant to Subsection 4.03(a)(ii) to new or renewing tenantsabove), then Landlord shall provide Tenant with an allowance for a comparable term with a tenant improvement allowance, if applicable re-painting and taking into consideration such amenities as existing improvements, view, floor on which re-carpeting of the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be an amount of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement $6.40 per square foot of the subject Premises, to be used to reimburse Tenant for actual substantiated costs incurred by Tenant in re-painting and/or re-carpeting the Premises during the first twelve (12) months of the Extended Term.

Option to Extend. Provided that 35.1 Tenant shall have the personal and non-transferrable right to extend the Term of this Lease for two (2) consecutive periods of five (5) years (the “First Option” and “Second Option” respectively, and collectively the “Option to Extend”). In the event Tenant is, or has been, in an Event of Default (beyond any applicable notice and grace or cure periods) at the time of the start of the First or Second Option Period, as hereinafter defined, or upon receipt of the First Option Notice or Second Option Notice, as hereinafter defined, from Landlord, then Tenant’s Option to Extend shall be void and of no further force or effect. The following terms shall apply to Tenant’s Option to Extend the Term of this Lease: (a) In order for Tenant to exercise the First Option to extend the lease for an additional five (5) year period (the “First Option Period”), Tenant must provide Landlord with written notice of its intention to so extend the Lease Term, with notice to be delivered in accordance with Section 34 hereof at any time after the commencement of the eighteenth (18th) month preceding the expiration of the initial Term of this Lease and prior to the beginning of the twelfth (12th) month preceding the expiration of the initial Term of the Lease (the “First Option Notice”), time being of the essence. If Tenant fails to timely exercise the First Option to Extend in accordance with this paragraph, the exercise of the First and Second Options shall be deemed to have been waived by Tenant. (b) The First Option, if exercised, shall be upon, and subject to, all of the terms, covenants and conditions provided in the Lease for the original Term hereof, except that the Basic Rental shall be modified as provided below and that any terms, covenants or conditions hereof that are expressly or by their nature inapplicable to the First Option shall not apply. (c) The initial Basic Rental as of the commencement of the First Option Period shall be an amount equal to the fair market rental value of the Demised Premises (“FMV”) multiplied by a factor of ninety five percent (95%) (the “Option FMV”). The Option FMV shall be determined pursuant to the following: i. The parties shall attempt, during the three (3) month period following the date of the First Option Notice to mutually agree upon the Option FMV of the Demised Premises for the First Option Period. ii. If Landlord and Tenant shall fail to agree upon a final and binding Option FMV within such three (3) month period, Landlord shall, within the thirty (30) day period following, submit base rental figures to Tenant in writing which Landlord believe represents the Option FMV (“Landlord’s Notice”). Tenant shall, within fifteen (15) business days after receipt of Landlord’s Notice, either (A) confirm that Tenant agrees with Landlord’s determination of the Option FMV, in which event such Option FMV shall then automatically become the Annual Basic Rental as of the commencement of the First Option Period, or (B) notify Landlord that Tenant disagrees with Landlord’s determination of the Option FMV. If Landlord does not receive written notice from Tenant within fifteen (15) business days of Tenant’s receipt of Landlord’s Notice, then the Option FMV contained in Landlord’s Notice shall be deemed to be the Annual Basic Rental as of the commencement of the First Option Period. In the event Tenant disagrees with Landlord’s determination of the Option FMV contained in Landlord’s Notice then Tenant may commence arbitration by making written demand to Landlord (“Tenant’s Notice”) within fifteen (15) business days of Tenant’s receipt of Landlord’s Notice. Tenant’s Notice shall contain a statement of the question to be arbitrated i.e. what is the Option FMV as of the commencement of the First Option Period and shall state Tenant’s determination of the Option FMV. Landlord and Tenant shall then mutually designate an arbitrator whose determination of the Option FMV (which shall be either the Option FMV contained in Landlord’s Notice or the Option FMV proposed by Tenant in Tenant’s Notice, but no other amount) shall be final and binding upon Landlord and Tenant. iii. If Landlord and Tenant shall fail to agree upon the choice of such arbitrator within ten (10) days after Landlord shall have received Tenant’s Notice, then either party may apply to the American Arbitration Association or any successor thereto having jurisdiction to designate an arbitrator. The arbitrator shall be a real estate broker or consultant who is MAI certified by the Appraisal Institute and who shall have had at least fifteen (15) years’ continuous experience in the business of appraising or managing real estate or acting as a real estate agent or broker in the Market. iv. The arbitrator shall conduct such hearings and investigations as he may deem appropriate and shall, within thirty (30) days after his designation, determine which of the two (2) proposals shall be the FMV, and that choice by the arbitrator shall be binding upon Landlord and Tenant, provided that the arbitrator shall not have the power to add to, modify, or change any of the other provisions of this Lease. Each party shall pay its own counsel fees and expenses, if any, in connection with any arbitration under this Clause, and the parties shall share equally all times other expenses and fees of any such arbitration. v. If for any reason the FMV shall not have been determined prior to the commencement of the subject Extended TermFirst Option Period, then Tenant shall not be in default under this Lease or otherwise failed continue to have timely performed all of Tenant’s obligations under this Lease, pay Landlord the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent Basic Rental payable for the Demised Premises shall be equal to during the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) period immediately preceding the expiration of the initial Term (as of the Lease. Upon final determination of the FMV, it shall have been determined that the Basic Rental payable for and during the First Option Period shall be equal to the first Extension Option)FMV, then an appropriate adjustment to the Basic Rental shall be made reflecting such final determination, and either (i) Landlord shall refund to Tenant any overpayment in Tenant’s payment of Basic Rental, or (ii) Tenant shall pay to Landlord any underpayment of Basic Rental, in each such instance for the period from commencement of the First Option Period to the date of such final determination. vi. The decision of the arbitrator will be final and non-appealable, and may be enforced according to the laws of the State of Michigan. (d) In order for Tenant to exercise the Second Option to extend the lease for an additional five (5) year period (the “Second Option Period”), Tenant must provide Landlord with written notice of its intention to so extend the Lease Term, with notice to be delivered in accordance with Section 34 hereof at any time after the commencement of the eighteenth (18th) month preceding the expiration of the First Extended Term (as Option Period of this Lease and prior to the second Extension Optionbeginning of the twelfth (12th) month preceding the expiration of the First Option Period of the Lease (the “Extension Second Option Notice”), time being of the essence. If Tenant fails to timely exercise the Second Option in accordance with this paragraph, the exercise of the Second Option shall be deemed to have been waived by Tenant. (e) The Second Option, if exercised, shall be upon, and subject to, all of the terms, covenants and conditions provided in the Lease for the original Term hereof, except that the Base Rent shall be modified as provided below and that any terms, covenants or conditions hereof that are expressly or by their nature inapplicable to the Second Option shall not apply. (f) The initial Basic Rental as of the commencement of the Second Option Period shall be an amount equal to the fair market rental value of the Option FMV. The Option FMV shall be determined pursuant to the following: i. The parties shall attempt, during the three (3) month period following the date of the Second Option Notice to mutually agree upon the Option FMV of the Demised Premises for the Second Option Period. ii. If Landlord and Tenant shall fail to agree upon a final and binding Option FMV within such three (3) month period, Landlord shall, within the thirty (30) day period following, submit base rental figures to Tenant in writing which Landlord believe represents the Option FMV (“Landlord’s Notice”). Within Tenant shall, within fifteen (15) business days after receipt of Landlord’s Notice, either (A) confirm that Tenant agrees with Landlord’s determination of the Option FMV, in which event such Option FMV shall then automatically become the Annual Basic Rental as of the commencement of the Second Option Period, or (B) notify Landlord that Tenant disagrees with Landlord’s determination of the Option FMV. If Landlord does not receive written notice from Tenant within fifteen (15) business days of Tenant’s receipt of Landlord’s Notice, then the Option FMV contained in Landlord’s Notice shall be deemed to be the Annual Basic Rental as of the commencement of the Second Option Period. In the event Tenant disagrees with Landlord’s determination of the Option FMV contained in Landlord’s Notice then Tenant may commence arbitration by making written demand to Landlord (“Tenant’s Notice”) within fifteen (15) business days of Tenant’s receipt of Landlord’s Notice. Tenant’s Notice shall contain a statement of the question to be arbitrated i.e. what is the Option FMV as of the commencement of the Second Option Period and shall state Tenant’s determination of the Option FMV. Landlord and Tenant shall then mutually designate an arbitrator whose determination of the Option FMV (which shall be either the Option FMV contained in Landlord’s Notice or the Option FMV proposed by Tenant in Tenant’s Notice, but no other amount) shall be final and binding upon Landlord and Tenant. iii. If Landlord and Tenant shall fail to agree upon the choice of such arbitrator within ten (10) days after Landlord shall have received Tenant’s Notice, then either party may apply to the American Arbitration Association or any successor thereto having jurisdiction to designate an arbitrator. The arbitrator shall be a real estate broker or consultant who is MAI certified by the Appraisal Institute and who shall have had at least fifteen (15) years’ continuous experience in the business of appraising or managing real estate or acting as a real estate agent or broker in the Market. iv. The arbitrator shall conduct such hearings and investigations as he may deem appropriate and shall, within thirty (30) days of Landlord’s receipt after his designation, determine which of the Extension Noticetwo (2) proposals shall be the FMV, and that choice by the arbitrator shall be binding upon Landlord and Tenant, provided that the arbitrator shall send Tenant written notice of Landlord’s determination not have the power to add to, modify, or change any of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes other provisions of this Section, the term “Fair Market Rent” Lease. Each party shall mean the base rental rate, periodic rental rate adjustment pay its own counsel fees and other charges and increasesexpenses, if any, in connection with any arbitration under this Clause, and the parties shall share equally all other expenses and fees of any such arbitration. v. If for space comparable in size, location and quality any reason the FMV shall not have been determined prior to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended TermSecond Option Period, then Tenant shall continue to pay Landlord the Basic Rental payable for the Demised Premises during the period immediately preceding the expiration of the First Option Period of the Lease. Upon final determination of the FMV, it shall have been determined that the Basic Rental payable for and during the Second Option Period shall be equal to the FMV, then an appropriate adjustment to the Basic Rental shall be made reflecting such final determination, and either (i) Landlord shall refund to Tenant any overpayment in Tenant’s payment of Basic Rental, or (ii) Tenant shall pay to Landlord any underpayment of Basic Rental, in each such instance for the period from commencement of the Second Option Period to the date of such final determination. vi. The decision of the arbitrator will be final and non-appealable, and may be enforced according to the laws of the State of Michigan. (g) Under no circumstances whatsoever can the initial Basic Rental for the First Option Period or Second Option Period which is set via arbitration be equal to an amount which is less than the Basic Rental in effect immediately preceding the Expiration Date of the initial Term of the Lease or the First Option Period, as the case may be.

Option to Extend. Provided (a) Landlord hereby grants Tenant a single option to extend the Term of the Lease for an additional period of five (5) years (such period may be referred to as the “Option Term”), as to the entire Premises as it then exists, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at the time of exercise of such option (and at all times each Option, if more than one Option is granted): (i) Tenant or a Permitted Transferee which has satisfied the requirements of Sections 10.01 and 10.05 of the Lease must be conducting regular, active, ongoing business in, and be in occupancy (and occupancy by a subtenant, licensee or other party permitted or suffered by Tenant shall not satisfy such condition) of the entire Premises; and (ii) there has been no material adverse change in Tenant’s financial position from such position as of the date of execution of the Lease, as certified by Tenant’s independent certified public accountants, and as supported by Tenant’s certified financial statements, copies of which shall be delivered to Landlord with Tenant’s written notice exercising its right hereunder. Without limiting the generality of the foregoing, Landlord may reasonably conclude there has been a material adverse change if Tenant’s independent certified public accountants do not certify there has been no such change. (b) Tenant’s election (the “Election Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is twelve (12) months prior to the commencement of Expiration Date and no later than the subject Extended date which is nine (9) months prior to the Expiration Date. If Tenant either fails or elects not to exercise the Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void, including, if more than one Option is granted, the then applicable Option to Extend and all further Options to Extend. (c) The Option Term (and each Option Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2if more than one Option is granted) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of immediately after the expiration of the Initial preceding Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration Lease. Tenant’s leasing of the First Extended Premises during the Option Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon and subject to the same material terms and conditions contained in this Lease, the Lease except that (i) Tenant shall pay the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as “Option Term Rent”, defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option and determined in the manner set forth in Section 2.2(d)(3the immediately following Subsection; (ii) below the Security shall be increased to an amount that is the same percentage or proportion of Option Term Rent as the prior amount of Security was in relation to Rent for the Term prior to the Option Term, but in no event shall the Security be decreased; and (iiiii) Tenant shall accept the Premises in an its “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subjector to provide Tenant any allowance therefor, except to the extent tenants leasing space in Comparable Transactions receive an allowance pursuant to the definition of Fair Market Rental Rate defined in Exhibit F hereto, provided, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be Landlord by notice given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within Tenant within thirty (30) days after final determination of the Fair Market Rental Rate, may elect to provide, in lieu of such allowance for alterations to the Offer Space, a rent credit equal to the amount of the allowance that would have otherwise been given, credited toward the rents applicable only to the Offer Space and due starting after such rent obligation commences. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the preceding Term as extended by the Option Term unless the context clearly requires otherwise. (d) The Option Term Rent shall mean the sum of the Monthly Base Rent at the Fair Market Rental Rate (as defined in Exhibit F) plus Rent Adjustments and/or certain Operating Expenses (if applicable, based upon a step-up to change the base year or base amount for calculation of Operating Expenses in connection with determination of the Fair Market Rental Rate) plus other charges pursuant to the Lease payable to Landlord. The determination of Fair Market Rental Rate and Option Term Rent shall be made by Landlord, in the good faith exercise of Landlord’s receipt business judgment. Within forty-five (45) days after Tenant’s exercise of the Extension NoticeOption To Extend, Landlord shall send notify Tenant written notice of Landlord’s determination of the Fair Market Rental Rate and Option Term Rent for the Premises Premises. Tenant may, within fifteen (15) days after receipt thereof, deliver to Landlord a written notice either: (i) accepting Landlord’s determination, in which case the extension shall be effective and binding (subject to Subsection (f) below) at the accepted rate; or (ii) setting forth Tenant’s good faith estimate, in which case Landlord and Tenant will promptly confer and attempt to agree upon the Fair Market Rental Rate and Option Term Rent. Tenant’s failure to timely deliver such notice within such fifteen (15) day period shall be deemed its cancellation of the Option. In the event Tenant has delivered notice setting forth Tenant’s different estimate, but no agreement in writing between Tenant and Landlord on Fair Market Rental Rate and Option Term Rent is reached within thirty (30) days after Landlord’s receipt of Tenant’s estimate, the Fair Market Rental Rate shall be determined in accordance with the terms of Exhibit F. Notwithstanding any of the foregoing to the contrary, at no time during the Option Term shall the Option Term Rent be less than the “Preceding Rent” (defined below). The Preceding Rent shall mean the sum of the Monthly Base Rent payable by Tenant under this Lease calculated at the rate applicable for the last full month of the Term preceding the Option Term plus the Rent Adjustments payable by Tenant under the Lease (if applicable, using the base year for calculation of Base Operating Expenses applicable for the last full month of the Term preceding the Option Term), plus other charges pursuant to the Lease payable to Landlord. To the extent that Tenant pays directly the utility or service provider for utilities or services which Tenant is to obtain directly pursuant to the Lease, Tenant shall continue to pay such amounts, but such amounts shall not be counted as part of the Preceding Rent or the Fair Market Rental Rate as used herein. Further, in the event that Landlord notifies Tenant that the Option Term Rent Notice”shall equal the Preceding Rent, such determination shall be conclusive and binding to set the Preceding Rent as the Option Term Rent for the Option Term, Tenant shall not be entitled to dispute or contest such determination, and the extension shall be effective and binding (subject to Subsection (f) below). (e) Promptly after final determination of the Fair Market Rental Rate, Landlord shall prepare a memorandum confirming the specific dates, amounts and terms of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend, in the form of an amendment to the Lease, and Tenant shall execute such amendment within five (5) business days after Landlord and Tenant agree to the form of the proposed amendment and Landlord shall execute it promptly after Tenant. For purposes Notwithstanding any of the foregoing to the contrary, the failure of Landlord to prepare such amendment or of either party to execute an amendment shall not affect the validity and effectiveness of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, whereupon any prior or subsequent exercise of this Option to Extend shall be of no force or effect: (i) Tenant’s failure to timely exercise or timely to perform the Option to Extend in strict accordance with the provisions of this Section. (ii) The existence at the time Tenant exercises the Option to Extend or at the commencement of the Option Term of a Default on the part of Tenant under the Lease or of any state of facts which with the passage of time or the giving of notice, or both, would constitute such a Default. (iii) Tenant’s third Default under the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality Lease prior to the Premises under a primary lease commencement of the Option Term, notwithstanding that all such Defaults may subsequently be cured. (g) Without limiting the generality of any provision of the Lease, time shall be of the essence with respect to all of the provisions of this Section. (h) This Option to Extend is personal to Genomic Health and may not subleasebe used by, and shall not be transferable or assignable (voluntarily or involuntarily) to new any person or renewing tenantsentity other than a Permitted Transferee which is an assignee of the Lease and which has satisfied the requirements of Sections 10.01 and 10.05 of this Lease, for a comparable term with a tenant improvement allowanceand such Permitted Transferee may exercise the right without Tenant joining in or consenting to such exercise, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding notwithstanding anything to the contrary contained hereincontrary, Tenant shall remain liable for all obligations under the subject Extension Option shall automatically terminate Lease, including those resulting from any such exercise with the same force and be of no further force or effect, whether or not effect as if Tenant has timely exercised had joined in such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termexercise.

Option to Extend. Provided 11.1 The Tenant may extend this Lease for two (2) periods of five (5) years (each of which periods is called an “Extension”), commencing on the day following the date of expiration of the initial term or the expiry of the immediately preceding Extension, as the case may be, provided that the Tenant shall only be entitled to extend this Lease in the event that it: (a) the Tenant is not then in default of its obligations in this Lease; (b) Intentionally Deleted; (c) advises the Landlord in writing (the “Notice”) that it wishes to extend this Lease not more than 12 months and not less than 6 months prior to the expiration of the initial term of this lease or the expiration of the immediately preceding extension, as the case may be, failing which this right of Extension shall be rendered null and void. 11.2 If the Tenant exercises its right to extend in accordance with the foregoing, this Lease shall be extended upon the same terms and conditions herein contained, save and except as follows: (a) the Tenant shall only be entitled to two (2) Extensions so that there will be no further right to extend following the expiry of the second Extension granted herein. For greater certainty, it is hereby stipulated that if the Tenant exercises both its rights of Extension in accordance with this Lease, the Tenant shall be entitled to lease the Premises for a total of ten (10) years following the expiration of the initial term of this Lease, unless this Lease is sooner terminated; (b) the Landlord will not be required to perform any Landlord’s Work, and the Tenant will not be required to perform any Tenant’s Work, and the Tenant will not be entitled to any leasehold improvement allowance, tenant inducement or Rent free period; (c) the Net Rent payable during an Extension shall be the current fair market rental value of the Premises as established by the mutual agreement of the Landlord and the Tenant, provided that, in no event shall the Net Rent during any one-year period of an Extension be less than the Net Rent which was payable by the Tenant during the last year of the initial term or the previous Extension as the case may be. In the event that the rent which shall be applicable during an Extension has not been mutually agreed upon by the Landlord and the Tenant at least 3 months prior to the expiry of the initial term or the expiration of the immediately preceding Extension, by reason at the time parties, inability to agree upon the current fair market rental of exercise the Premises, the said fair market rental shall be determined by arbitration by a single arbitrator chosen by the Landlord and at all times the Tenant, and if they cannot agree upon the arbitrator within 5 days after a written request for arbitration by either party to the other, either party may apply to a judge for the appointment of an arbitrator in accordance with the provisions of the Arbitrations Act (Ontario). The provisions of the Arbitrations Act shall govern the arbitration and the decision of the arbitrator shall be final and binding upon the parties and there shall be no appeal therefrom. The arbitrator shall be instructed to render its decision no later than 15 days prior to the commencement of an Extension. All documents and proceedings with respect to the subject Extended Term, arbitration are to be kept confidential by each of the parties; (d) the Maintenance Fee which shall apply at the time that an Extension takes effect shall be the then current Maintenance Fee charged by the Landlord for premises in the Building which shall be adjusted from time to time in accordance with the applicable provisions of this lease; (e) the Landlord may require the Tenant shall not be in default under this Lease or otherwise failed to have timely performed all execute and deliver to the Landlord prior to the commencement of Tenant’s obligations under this Leasean Extension, the Term Landlord’s then standard form of this Lease shall be subject extension agreement, together with a further Security Deposit sufficient to two increase the Security Deposit, if any, held by the Landlord to an amount equal to the Rent (2plus applicable Sales Taxes) extension options for an additional period of 60 months each (individually, payable during the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as last month of the expiration Extension. 11.3 The exercise of the Initial Term and expire on within right of Extension is solely within the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as control of the expiration of the First Extended Term Tenant and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions nothing contained in this Lease, except that (i) including, without limitation, this Schedule, obligates or requires the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter remind the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election Tenant to exercise an the within right of Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termany part thereof.

Option to Extend. Provided that at the time of exercise and at all times prior Subject to the commencement terms of the subject Extended Termthis Section 1.B, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options to extend the Term for an additional period periods of 60 months five (5) years each (individuallytogether, the “Extension Option”, Option Terms” and collectively, the each an “Extension OptionsOption Term”). The first Extension , such Option shall commence as of Terms to begin upon the expiration of the Initial Term and expire on Term, or the date that is 60 full calendar months thereafter first option term (the “First Extended Option Term”), and as the second Extension Option shall commence as of the expiration of the First Extended Term and expire case may be, on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Leaseset forth herein, except that (i) an Option Term, once exercised cannot be exercised again, (ii) no Rent concessions, abatements, lease buyouts, tenant allowances or limitations on tax or expense pass-throughs granted with respect to the initial Term hereof shall be applicable to an Option Term, (iii) Annual Minimum Rent and Monthly Base Minimum Rent for the Premises an Option Term shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below Items 4 and (ii) 5 of the Schedule. If Tenant desires to extend the Term for an Option Term, Tenant shall accept the Premises in an deliver written notice (“as is” condition without any obligation of Extension Notice”) to Landlord to repaint, remodel, repair, improve or alter the Premises such effect no later than nine (subject, however, to the terms of Section 8.1 of this Lease). (29) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (Term, or the First Option Term, as the case may be, time being of the essence. If not so exercised, Tenant’s option to extend shall thereupon automatically expire. Once Tenant delivers the Extension Notice to the first Extension Option)Landlord, as provided above, Tenant’s election to extend the Term shall be irrevocable by Tenant. In order to exercise its option to extend, on the date that Tenant exercises its option as well as on the date that the Option Term is to commence, no event of default shall exist and no event shall exist which, by the giving of notice or the passage of time, or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Noticeboth, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under would mature into a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termdefault.

Option to Extend. A. Provided that at the time of such exercise (i) there then exists no Default of LESSEE beyond applicable notice and at all times prior to the commencement of the subject Extended Termcure periods, Tenant shall not be in default under and (ii) this Lease or otherwise failed is then in full force and effect, LESSEE shall have the right and option to have timely performed all of Tenant’s obligations under this Lease, extend the Initial Term of this Lease shall be subject to for Spaces A and B for two (2) extension options for an additional period successive periods of 60 months five (5) years each (individuallyeach, the “Extension Option”, and collectively, the “Extension Options”an "AB Extended Term"). The first Extension Option AB Extended Term shall commence as of on the day immediately succeeding the expiration date of the Initial Term for Spaces A and expire B, and shall end on the date that is 60 full calendar months thereafter (day immediately preceding the “First fifth anniversary of the first day of such AB Extended Term”), and the second Extension Option AB Extended Term shall commence as on the day immediately succeeding the expiration date of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First first AB Extended Term, an “and shall end on the day immediately preceding the fifth anniversary of the first day of such second AB Extended Term”). LESSEE shall exercise such options to extend by giving written notice to LESSOR of its desire to do so not later than twelve (12) months prior to the expiration date of the Initial Term for Spaces A and B or the first AB Extended Term, as the case may be. Provided the conditions of clauses (i) and (ii) of this Section shall have been satisfied, the giving of such notice by LESSEE shall automatically extend the Term for Spaces A and B for the particular AB Extended Term, and no instrument of renewal need be executed. In the event that LESSEE fails to give such notice to LESSOR, this Lease shall automatically terminate at the end of the Initial Term for Spaces A and B or the first AB Extended Term, as the case may be, and LESSEE shall have no further option to extend the Term for Spaces A and B. It is agreed that time is of the essence with respect to the giving of such notice. The Extension Options AB Extended Terms shall be exercisable as follows: (1) The Extension Option shall be upon on all the same material terms and conditions contained in of this Lease, except that (iI) the initial Monthly Base option to extend the Term for Spaces A and B as set forth in this Section shall be deleted (except that the option to exercise the second AB Extended Term shall continue to be effective in accordance with this Section during the first AB Extended Term), (II) the Basic Rent for the Premises AB Extended Terms shall be equal at 95% of fair market value as designated by LESSOR by written notice to the Fair Market Rent LESSEE within sixty (as defined in Section 2.2(d)(260) belowdays of receipt of notice from LESSEE and (III) Base Operating Expenses and Base Taxes shall be calendar year 2014 and fiscal year 2015, respectively, for the Premises as first AB Extended Term, and calendar year 2019 and fiscal year 2020, respectively, for the second AB Extended Term. If LESSEE disagrees with such designation of fair market value (the first month "Designation"), LESSEE shall by written notice, advise LESSOR of such disagreement; otherwise LESSEE shall conclusively be deemed to have agreed to such Designation. B. Provided that at the subject Extension Option determined in the manner set forth in Section 2.2(d)(3time of such exercise (i) below there then exists no Default of LESSEE beyond applicable notice and cure periods, and (ii) Tenant this Lease is then in full force and effect, LESSEE shall accept have the Premises in right and option to extend the Initial Term for Space C for three (3) successive periods of five (5) years each (each, a "C Extended Term"). The AB Extended Terms and the C Extended Terms are sometimes referred to herein individually or collectively as an “as is” condition without any obligation "Extended Term" or the "Extended Terms". The first C Extended Term shall commence on the day immediately succeeding the expiration date of Landlord the Initial Term for Space C, and shall end on the day immediately preceding the fifth anniversary of the first day of such C Extended Term. The second C Extended Term shall commence on the day immediately succeeding the expiration date of the first C Extended Term, and shall end on the day immediately preceding the fifth anniversary of the first day of such second C Extended Term. The third C Extended Term shall commence on the day immediately succeeding the expiration date of the second C Extended Term, and shall end on the day immediately preceding the fifth anniversary of the first day of such third C Extended Term. LESSEE shall exercise such options to repaint, remodel, repair, improve or alter the Premises extend by giving written notice to LESSOR of its desire to do so not later than twelve (subject, however, 12) months prior to the expiration date of the Initial Term for Space C or the first or second C Extended Term, as the case may be. Provided the conditions of clauses (i) and (ii) of this Section shall have been satisfied, the giving of such notice by LESSEE shall automatically extend the Term for Space C for the particular C Extended Term, and no instrument of renewal need be executed. In the event that LESSEE fails to give such notice to LESSOR, this Lease shall automatically terminate at the end of the Initial Term for Space C or the first or second C Extended Term, as the case may be, and LESSEE shall have no further option to extend the Term for Space C. It is agreed that time is of the essence with respect to the giving of such notice. The C Extended Terms shall -17- be on all the terms of Section 8.1 and conditions of this Lease, except that (I) the option to extend the Term for Space C as set forth in this Section shall be deleted (except that the option to exercise the second and third C Extended Terms shall continue to be effective in accordance with this Section during the first and second C Extended Terms, respectively), (II) the Basic Rent for the C Extended Terms shall be at 95% of fair market value as designated by LESSOR by written notice to LESSEE within sixty (60) days of receipt of notice from LESSEE and (III) Base Operating Expenses and Base Taxes shall be calendar year 2009 and fiscal year 2010, respectively, for the first C Extended Term, calendar year 2014 and fiscal year 2015, respectively, for the second C Extended Term, and calendar year 2019 and fiscal year 2020, respectively, for the third C Extended Term. If LESSEE disagrees with such designation of fair market value (the "Designation"), LESSEE shall by written notice, advise LESSOR of such disagreement; otherwise LESSEE shall conclusively be deemed to have agreed to such Designation. (2) Tenant’s election C. In the event that the parties hereto are unable to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within agree within thirty (30) days of Landlord’s after LESSOR'S receipt of the Extension Notice, Landlord shall send Tenant written LESSEE'S notice of Landlord’s determination disagreement, then each Party shall appoint a reputable, independent appraiser, who is a member of the Fair Market Rent for Member Appraisal Institute of the Premises American Institute of Real Estate Appraisers and who has at least ten (10) years of experience appraising commercial office space in Massachusetts. Each appraiser so appointed shall be instructed to determine independently the “Fair Market Rent Notice”)fair market value and then confer. For purposes If the two appraisers are unable to determine a fair market value acceptable to both parties within forty-five (45) days after their appointment, they shall appoint a third appraiser and deliver to said third appraiser their final fair market value calculations. The third appraiser shall select the calculation that it believes is the closest to the then fair market value of the Premises. The Designation of this Section, the term “Fair Market Rent” appraiser shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termconsidered final.

Option to Extend. Provided that Tenant is not in default of any material terms, covenants or conditions contained in this Lease beyond any and all applicable notice and cure periods at the time of Tenant's exercise of its option to extend the Original Term, as hereinafter set forth, and provided further that the Tenant is not in default of any material terms, covenants or conditions contained in this Lease beyond any and all applicable notice and cure periods at all times prior to the time of the commencement of the subject Extended Termeach extended term, Tenant shall not be in default under this Lease or otherwise failed have the right at its election to have timely performed all of Tenant’s obligations under this Lease, extend the Original Term of this Lease shall be subject to for two (2) extension options for an additional period of 60 months each (individuallyperiods, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option option period shall commence September 16, 2011 and terminate September 15, 2016 (hereinafter referred to as "First Option" or "First Option Period", as case may be) and the second option period shall commence September 16, 2016 and terminate September 15, 2021 (hereinafter referred to as "Second Option" or "Section Option Period", as the case may be), said First Option Period and Second Option Period shall be collectively referred to as the "extended term", provided further that Tenant gives to Landlord written notice of the exercise of the election of the First Option and the Second Option, respectively, at least nine (9) months prior to the expiration of the Initial Original Term in the case of the First Option and expire on the date that is 60 full calendar at least nine (9) months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of prior to the expiration of the First Extended Term Option Period in the case of the Second Option. All the same terms, covenants and expire on conditions in this Lease contained shall apply to the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options except that the rent shall be exercisable adjusted as follows: (1) The Extension Option provided in Article 6, Section 6.1.2 and that the Tenant shall be upon not have any further option to again extend the same material terms and conditions contained in term of this Lease, except that (i) Lease beyond the initial Monthly Base Rent for extended term. If the Premises Tenant shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as give notice of the first month exercise of the subject Extension Option determined an election in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant within the time provided herein, the Term shall accept be extended upon the Premises in an “as is” condition giving of notice without the requirements of any obligation action or the execution of further instruments on the part of Landlord to repaintand Tenant, remodel, repair, improve or alter the Premises (subject, however, except only to the terms extent to confirm Annual Fixed Rent and percentage of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent 's obligation for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment real estate taxes and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated operating expenses and the like, situated in buildings in Emeryville, California. Notwithstanding anything The Original Term and Extended Term shall be collectively referred to as the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended "Term".

Option to Extend. (i) Provided that at the time of exercise and at all times prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of (a) this Lease shall be subject in full force and effect, and (b) Tenant shall not then be in default, and (c) Tenant shall then be occupying at least fifty percent (50%) of the rentable area of the Demised Premises, Tenant shall have the right, at Tenant's sole option, to two extend the Lease for one (21) extension options for an consecutive additional period of 60 months each five (individually5) years (such additional period being herein referred to as the "extension term", the “Extension Option”if exercised, and collectively, included in the “Extension Options”definition of the Lease Term). The first Extension Option extension term shall commence as of the expiration of the Initial Term and expire be on the date that is 60 full calendar months thereafter (the “First Extended Term”)same terms, and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms covenants and conditions contained in as set forth herein with respect to the original term of this Lease, except that (i) the initial Monthly Base Annual Rent for payable during the Premises extension term shall be equal determined pursuant to subparagraph (ii) of this Section 3(e). In the event Tenant shall wish to exercise such option to extend, it shall give written notice ("Initial Notice") of its interest in exercising such option to Landlord, (x) not less than four hundred fifty (450) days prior to the Fair Market Rent expiration of the then-current term (i.e., the original term) and (y) not more than five hundred forty-five (545) days prior to the expiration of the then current term. If Tenant shall fail to timely give such Initial Notice, Landlord shall be relieved of any and all liability created by the grant of such option. (ii) Upon Landlord's receipt of the Initial Notice, Landlord and Tenant shall attempt to agree upon the then-prevailing fair market rent [including any fees that may be payable for "Parking Rights" (as defined in Section 2.2(d)(2) 15 below) )] for the Demised Premises as (the "Market Rent"). If Landlord and Tenant are unable to agree upon the Market Rent within thirty (30) days after Landlord's receipt of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below Initial Notice, then Landlord and (ii) Tenant shall accept employ the procedure and the timetable described below for the purpose of computing the Market Rent for the Demised Premises in an “as is” condition without any obligation of and the Base Annual Rent properly payable during the extension term. In the event Landlord and Tenant are unable to repaint, remodel, repair, improve or alter agree upon the Premises (subject, however, to Market Rent payable during the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within extension term within thirty (30) days of Landlord’s 's receipt of Tenant's notice to extend, then the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises first Lease Year of the extension term shall be determined by a board of three (3) disinterested real estate appraisers, one (1) of whom shall be named by Landlord, one (1) by Tenant, and the two (2) so appointed shall select a third. Said appraisers shall each be practicing appraisers in ▇▇▇▇▇▇▇▇▇▇ County, Maryland, specializing in the field of commercial real estate, having no less than ten (10) years experience in such field, recognized as ethical and reputable within their field, and certified as MAI or an equivalent professional certification. Landlord and Tenant agree to make their appointments promptly within ten (10) days after the expiration of the thirty (30) day period, or sooner if mutually agreed upon. Within fifteen (15) days after both such appraisers have been appointed, the two (2) appraisers shall promptly select a third appraiser. Within fifteen (15) days after the third appraiser is selected, each appraiser shall submit his or her determination of said fair market rent. The Base Annual Rent for the first Lease Year of the extension term shall be the greater of: (i) the average of the three (3) determinations; provided, however, that if two of the appraisers are within five percent (5%) of each other and the third appraiser is not within five percent (5%) of either of the other two appraisals, then the average of the two appraisals which are within five percent (5%) of each other shall be used; or (ii) one hundred three percent (103%) of the Base Annual Rent payable during the last Lease Year of the initial term of this Lease. In arriving at their individual rate determinations, each appraiser shall consider and analyze all the components of the Lease and apply them to current market factors. Landlord and Tenant shall pay the fee of the appraiser selected by it and they shall equally share the payment of the fee of the third appraiser. Notwithstanding the foregoing, Landlord and Tenant may at any time after appointing the appraisers, agree upon the Base Annual Rent payable during the extension term and such mutual agreement shall supersede the appraisers' determinations. Within ten (10) days after the determination of Market Rent by the three appraisers, Tenant shall have the right to deliver a written notice (the “Fair "Rescission Notice") to Landlord which rescinds Tenant's exercise of its option to extend the Lease Term for a period of five years at Market Rent. In the event that Tenant delivers to Landlord the Rescission Notice within ten (10) days after the determination of the Market Rent Notice”). For purposes by the three (3) appraisers, then (i) Tenant shall be deemed to have never exercised its option to extend the initial term of this SectionLease, (ii) the term “Fair Market Rent” provisions of Section 3(e) of this Lease shall mean the base rental rate, periodic rental rate adjustment be null and other charges void and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether and (iii) Landlord shall have the right to Lease the Demised Premises to any party or not Tenant has timely exercised such Extension Option, if an uncured Default exists at parties for a term which commences immediately after the time of exercise of such Extension Option or at the time of commencement expiration of the subject Extended Terminitial term of this Lease. In the event that Tenant fails to deliver the Rescission Notice to Landlord prior to the expiration of the applicable ten (10) day period, Tenant shall be deemed to have irrevocably exercised its option to extend the initial term of this Lease for a period of five (5) years, and the term of the Lease shall be automatically extended for a period of five (5) years in accordance with the foregoing term of Section 3(e) of the Lease.

Option to Extend. Provided (a) Landlord hereby grants Tenant a single option to extend the Extended Term of the Lease for an additional period of five (5) years (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise and at all times prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that such right: (i) the initial Monthly Base Rent for the Premises shall Tenant must be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as occupancy of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below entire Premises; and (ii) Tenant there has been no material adverse change in Tenant's financial position from such position as of the date of execution of the Lease, as certified by Tenant's independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall accept the Premises in an “as is” condition without any obligation of be delivered to Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)with Tenant's written notice exercising its right hereunder. (2b) Tenant’s 's election (the "Election Notice") to exercise an Extension the Option To Extend must be given to Landlord in writing no less earlier than eight the date which is two hundred and seventy (8) months 270) days before the Expiration Date and no later than the date which is two hundred and forty (240) days prior to the Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void. (c) The Option Term shall commence immediately after the expiration of the Extended Term of the Lease. Tenant's leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in the Lease except that (i) the expiration monthly base rent, plus payment of the initial Term (as Tenant's proportionate share of Operating Expenses and Utilities charges pursuant to the first Extension Option), or Lease (ii) the expiration of the First Extended Term (as in addition to all expenses paid directly by Tenant to the second Extension Optionutility or service provider, which direct payments shall continue to be Tenant's obligation) (shall be amended to equal the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of "Option Term Rent", defined and determined in the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of manner set forth in the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.immediately following Subsection;

Option to Extend. Provided Tenant shall have the right and option to extend the Term for two (2) additional successive periods of five (5) years each (each, an “Extension Term”), commencing the day after the expiration of the Initial Term or prior Extension Term, respectively, and ending on the fifth (5th) anniversary thereof, provided that at the time Tenant shall give Landlord notice of Tenant’s exercise of such option no more than fifteen (15) months and at all times no less than twelve (12) months prior to the commencement expiration of the subject Extended Initial Term or the first Extension Term, respectively, and provided further that Tenant shall not be in default under beyond any applicable notice or cure periods at the time of giving such notice or at the commencement of the Extension Term in the performance or observance of any of the terms and provisions of this Lease on the part of the Tenant to be performed or otherwise failed observed. Prior to the exercise by Tenant of such option, the expression “Term” shall mean the Initial Term as the same may have been extended, and after the exercise by Tenant of such option, the expression “Term” shall mean the Term as it has been then extended. All of the terms, covenants, conditions, provisions and agreements in this Lease contained shall be applicable to the then extended Term, except as hereinafter set forth. If Tenant shall give notice of its exercise of this option to extend in the manner and within the time period provided aforesaid, the Term shall be extended upon the giving of such notice without the requirement of any further action on the part of either Landlord or Tenant. If Tenant shall fail to give timely performed all notice of Tenant’s obligations under this Leasethe exercise of such option as aforesaid, Tenant shall have no right to extend the Term of this Lease Lease, time being of the essence of the foregoing provisions. The Basic Rent payable during each Extension Term shall be subject to two the greater of (2a) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as 100% of the expiration Basic Rent for the last year of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second or prior Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option)respectively, or (iib) the expiration of the First Extended Term ninety-five percent (as to the second Extension Option95%) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent determined in accordance with Section 15.1 above. Landlord shall provide a refurbishment allowance to Tenant in the amount of Fifteen ($15.00) Dollars per square foot of the Premises Rentable Area for the Premises (first Extension Term if the “Fair Market Rent Notice”)same is exercised by Tenant in accordance with the terms hereof. For purposes of this SectionThis option shall be personal to Tenant and its Affiliates, the term “Fair Market Rent” and shall mean the base rental rate, periodic rental rate adjustment and not be exercisable by any other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termparty.

Option to Extend. (a) Provided that that, at the time of such exercise, (i) the Lease is in full force and effect, and (ii) no Event of Default shall have occurred and be continuing (either at the time of exercise and or at all times prior to the commencement of the subject Extended Term), and (iii) Tenant shall be in occupancy of the entire Premises for the conduct of its business and shall not have assigned the Lease or sublet the Premises (any of which conditions described in clauses (i), (ii), and (iii) may be waived by Landlord at any time in Landlord’s sole discretion), Tenant shall have the right and option to extend the Term of the Lease for one (1) extended term (the “Extended Term”) of three (3) years by giving written notice to Landlord not later than twelve (12) months and not sooner than fourteen (14) months prior to the expiration date of the Term. The effect of the giving of such notice of extension by Tenant shall be to automatically extend the Term of the Lease for the Extended Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails timely to give such notice to Landlord, the Lease shall automatically terminate at the end of the original Term and Tenant shall have no further option to extend the Term of the Lease. The Extended Term shall commence on the day immediately succeeding the expiration date of the current Term and shall end on the day immediately preceding the third (3rd) anniversary of the first day of the Extended Term. The Extended Term shall be on all the terms and conditions of the Lease, except: (x) during the Extended Term, Tenant shall not be in default under this Lease or otherwise failed have no further option to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (iy) the initial Monthly Base Rent for the Premises Extended Term shall be equal to the greater of (A) 95% of the Fair Market Rental Value of the Premises as of the commencement of the Extended Term, taking into account all relevant factors, determined pursuant to Section 6(b) below and (B) the Base Rent in effect for the last year of the prior Term, and (z) Landlord shall not be required to furnish any materials or perform any work to prepare the Premises for Tenant’s occupancy during the Extended Term and Landlord shall not be required to provide any work allowance or reimburse Tenant for any alterations made or to be made by Tenant, or to grant Tenant any rent concession. (b) Promptly after receiving Tenant’s notice extending the Term of the Lease pursuant to Section 6(a) above, Landlord shall provide Tenant with Landlord’s good faith estimate of the Fair Market Rental Value (as defined in Section 2.2(d)(26(c) below) of the Premises for the Premises as upcoming Extended Term. If Tenant is unwilling to accept Landlord’s estimate of the first month of the subject Extension Option determined in the manner Fair Market Rental Value as set forth in Section 2.2(d)(3) below and (ii) Tenant Landlord’s notice referred to above, then the parties shall accept the Premises negotiate in an “as is” condition without any obligation of Landlord good faith to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within reach agreement thereon within thirty (30) days after the delivery of such notice by Landlord’s receipt . If the parties are unable to reach agreement thereon within thirty (30) days after the delivery of such notice by Landlord, then either party may submit the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rental Value of the Premises to arbitration by giving notice to the other party naming the initiating party’s arbitrator within ten (10) days after the expiration of such thirty (30)-day period. Within fifteen (15) days after receiving a notice of initiation of arbitration, the responding party shall appoint its own arbitrator by notifying the initiating party of the responding party’s arbitrator. If the second arbitrator shall not have been so appointed within such fifteen (15) day period, the Fair Market Rental Value of the Premises shall be determined by the initiating party’s arbitrator. If the second arbitrator shall have been so appointed, the two arbitrators thus appointed shall, within fifteen (15) days after the responding party’s notice of appointment of the second arbitrator, appoint a third arbitrator. If the two initial arbitrators are unable timely to agree on the third arbitrator, then either may, on behalf of both, request such appointment by the nearest office of the American Arbitration Association. The Fair Market Rental Value of the Premises for the Extended Term shall be determined by the method commonly known as Baseball Arbitration, whereby Landlord’s selected arbitrator and Tenant’s selected arbitrator shall each set forth its respective determination of the Fair Market Rental Value of the Premises, and the third arbitrator must select one or the other (it being understood that the third arbitrator shall be expressly prohibited from selecting a compromise figure). Landlord’s selected arbitrator and Tenant’s selected arbitrator shall deliver their determinations of the Fair Market Rental Value of the Premises to the third arbitrator within five (5) Business Days of the appointment of the third arbitrator and the third arbitrator shall render his or her decision within ten (10) days after receipt of both of the other two determinations of the Fair Market Rental Value of the Premises. The third arbitrator’s decision shall be binding on both Landlord and Tenant. All arbitrators shall be commercial real estate brokers who are independent from the parties and who have had at least ten (10) years experience leasing comparable buildings in the Merrimack area. Each party shall pay the fees of its own arbitrator, and the fees of the third arbitrator shall be shared equally by the parties. If as of the commencement of the Extended Term the amount of the Base Rent for the Extended Term has not been determined, Tenant shall pay the amount determined by Landlord for the Premises and when the determination has actually been made, an appropriate retroactive adjustment shall be made as of the commencement of the Extended Term if necessary. In the event that such determination shall result in an overpayment by Tenant of any Base Rent, such overpayment shall be paid by Landlord to Tenant promptly after such determination has been made, and if such determination shall result in an underpayment by Tenant of any Basic Rent, Tenant shall pay any such amounts to Landlord promptly following such determination. (c) As used in the “Fair Market Rent Notice”). For purposes of this SectionLease, the term “Fair Market RentRental Value” shall mean the base rental ratefixed rents that landlords of comparable buildings in the Merrimack area have agreed to accept, periodic rental rate adjustment and other charges sophisticated nonaffiliated tenants of comparable buildings have agreed to pay, in current arms-length, renewal transactions for comparable space (in terms of condition, improvements, floor location, view and increases, if any, floor height) of a comparable size for space uses comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenantsPermitted Use, for a comparable term with a tenant improvement allowance, if equal to the applicable Extended Term and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termaccount all other relevant factors.

Option to Extend. (a) Provided that at Tenant is. in possession of the time Premises on the date it exercises its right and option to extend this Lease and is not in default of its obligations under this Lease, Tenant shall have the right and option (the "Extension Option") to extend the Initial Term of this Lease for three (3) extended terms of five (5), consecutive years (each being an "Extended Term,"). The Extended Term shall be on all the, terms and conditions of this, Lease except that the Base Rent for the Extended Term shall be established and fixed as set forth in Exhibit B. (b) Tenant shall exercise and at all times its Extension Option for the Extended Term by giving written notice to Landlord of its desire to do so not later than six (6) months prior to the commencement Expiration Date of the subject Term then in effect. The giving of such notice by Tenant shall automatically extend the Term of this Lease for the Extended Term, and no instrument of renewal need be executed. In the event that Tenant fails to give such notice to Landlord in a timely manner as aforesaid, time being of the essence thereof, this Lease shall automatically terminate at the end of the Term then in effect and Tenant shall have no further option to extend the Term of this Lease. (c) At the expiration of the third Extended Term, Tenant shall not be in default under have an option to further extend this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to for two (2) extension options for consecutive ten (10) year terms (each being an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”"Additional Extended Term"). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises Additional Extended Term shall, be agreed upon by the parties in writing for each renewal period upon six (6) months notice to Landlord from Tenant that it intends to exercise its option for an Additional Extended Term. In the event that the parties cannot agree on the Base Rent for each Additional Extended Term, the Landlord and the Tenant will each select an appraiser who will determine a fair market rent. Thereafter, the two appraisers will establish the Base Rent predicated on their appraisals. In the event that the two selected appraisers cannot agree on the Base Rent, said appraisers shall select a third appraiser, who shall establish the Base Rent at an amount not to exceed the highest nor less than the lowest of the two original appraisals. The cost of the third appraiser shall be equal to shared equally by the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)parties. (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided that at Tenant shall have the time of exercise right and at all times prior to option (the commencement of the subject Extended Term"Option"), Tenant which said option and right shall not be in default under severed from this Lease or otherwise failed separately assigned, mortgaged or transferred, to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to for one (1) additional consecutive period of two (2) extension options for an additional period of 60 months each years beginning on April 1, 2002 and expiring on March 31, 2004 (individually, hereinafter referred to as the “"Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”Period"), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except provided that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (iia) Tenant shall accept the Premises in an “as is” condition without any obligation give Landlord notice of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election 's intention to exercise an Extension Option must be given to Landlord in writing no less such option ("Notice of Intention") not sooner than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option)February 1, or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (2001 and not subleaselater than March 31, 2001 (b) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option no Default of Tenant shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists exist at the time of exercise giving the Notice of such Intention or on the Revocation Date (as hereafter defined) or on the date of commencement of the Extension Option or Period, (c) the Original Tenant named herein is itself occupying the entire Premises at least 30 days prior to the time of commencement of the subject Extended TermExtension Period and (d) Tenant shall fail to give Landlord a Revocation Notice (as hereafter defined) on or before June 30, 2001 (the "Revocation Date"), time being of the essence of all of the foregoing provisions. Except for the amount of Basic Rent (which is to be determined as hereinafter provided), all the terms, covenants, conditions, provisions and agreements in the Lease contained shall be applicable to the additional period through which the term shall be extended as aforesaid, except that there shall be no further options to extend the Term of the Lease nor shall Landlord be obligated to make or pay for any improvements to the Premises nor pay any inducement payments of any kind or nature. If Tenant shall give Landlord a Notice of Intention in the manner and within the time period provided aforesaid and shall thereafter fail to give Landlord a Revocation Notice in the time and manner set forth herein, the Term of the Lease shall be extended to include the Extension Period without the requirement of any further attention on the part of either Landlord or Tenant. Landlord hereby reserves the right, exercisable by Landlord in its sole discretion, to waive (in writing) any condition precedent set forth in clauses (a), (b), (c) or (d) above. If Tenant shall fail to give Landlord a timely Notice of Intention, Tenant shall have no right to extend the Term of the Lease, time being of the essence of the foregoing provisions. Any termination of this Lease shall terminate the rights hereby granted Tenant.

Option to Extend. (a) Provided that the conditions set forth in this paragraph 24(a) are satisfied, Subtenant shall have the right to extend this Sublease for one (1) successive eighteen (18) month term (the “Extension Term”), such Extension Term shall commence, if at all, immediately after the time expiration of exercise the initial term of this Sublease on the Expiration Date, and at all times shall end on the day prior to the eighteen (18) month anniversary of the commencement of the subject Extended Extension Term. The Extension Term shall be upon all of the terms and conditions of this Sublease (other than this paragraph 24(a)), including, without limitation, the payment of all Rent payable hereunder during the Extension Term. The Base Rent for the Extension Term shall be $6,000.00 per month for the initial six (6) months of the Extension Term, Tenant and then shall increase to $6,350.00 for the balance of the Extension Term, and Subtenant shall continue to pay all Additional Rent payable hereunder. Subtenant’s right to extend the term of this Sublease and exercise any option to extend set forth in this paragraph is subject to and contingent upon the full and complete satisfaction by Subtenant of each of the following conditions: (i) Subtenant shall notify (“Extension Notice”) Sublandlord, time being of the essence, not later than 30 days prior to the Expiration Date, that it desires to extend the term of this Sublease. If Subtenant fails to notify Sublandlord by such date, time being of the essence, Subtenant’s option to extend this Sublease shall be deemed null and void and of no further force or effect; (ii) Subtenant shall not be in default under this Lease Sublease either at the time it sends the Extension Notice or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, at the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt commencement of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of Term; and (iii) Subtenant occupies the Fair Market Rent entire Premises for the Premises (the “Fair Market Rent Notice”). For purposes of uses permitted under this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists Sublease at the time of exercise of such the Extension Option or at Notice is received by Sublandlord and for the time of commencement duration of the subject Extended Extension Term.

Option to Extend. Provided Subject to the provisions of this Section 2.2, Lessee shall have three (3) consecutive options to extend the term of this Lease for five (5) years each. (Such additional terms may hereinafter be called "Option Terms".) Such options shall be personal to United Merchandising Corp., or its Affiliate, as that term is defined in Section 14.2 hereof, and may not be exercised by an assignee or sublessee under the Lease, unless said assignee or sublessee is an Affiliate of United Merchandising Corp., nor may Lessee exercise an option as provided herein for the purpose of subletting or assigning the Demised Premises during such Option Term to any party who is not an Affiliate. The first Option Term shall commence on the day following the expiration of the Primary Term and end at midnight five (5) years thereafter. Each succeeding Option Term shall commence on the time day following the preceding Option Term and end at midnight five (5) years thereafter. Each option shall be exercised by giving notice to Lessor in writing of the exercise and thereof at all times least twelve (12) months prior to the commencement of the subject Extended each Option Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease which notice shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”)irrevocable by Lessee. The first Extension All Option Terms shall commence as of the expiration of the Initial Term and expire be on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained as otherwise provided in this Lease, except that (i) the initial Monthly Base Rent for rents payable during the Premises Option Terms shall be equal to adjusted as set forth below. Notwithstanding the Fair Market Rent foregoing, in the event an Event of Default (as defined in Section 2.2(d)(213.1, hereof) belowexists under this Lease at the time Lessee exercises its option to extend the term of this Lease, or if an Event of Default pursuant to the provisions of Section 13.1.1(a) for the Premises hereof exists as of the first month commencement of the subject Extension respective Option determined Term, then Lessor shall have, in the manner set forth in Section 2.2(d)(3) below addition to all of Lessor's other rights and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of remedies under this Lease). (2) Tenant’s election , the right to terminate such option and to cancel Lessee's exercise an Extension Option must be given to Landlord of such option, in writing no less than eight (8) months prior to (i) which event this Lease shall expire at the expiration of the initial Primary Term (or any then existing Option Term, as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termcase may be.

Option to Extend. Provided (a) Landlord and Tenant confirms that the Option to Extend with respect to ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (as set forth in Section 26.21 of the Original Lease, as amended by Section 3 of the Fourth Amendment) continues to be in effect. As provided in Sections 3 and 7(b)(iii) above, the following Options to Extend are terminated: (i) the Option to Extend with respect to the 200 & 220 Penobscot Space (as set forth in Section 26.21 of the Original Lease), (ii) the Option to Extend with respect to the Building 2 Space (as set forth in Section 26.21 of the Original Lease, as amended by Section 8 of the Third Amendment), and (iii) the Option to Extend with respect to the 640 Galveston Space (as set forth in Section 26.21 of the Original Lease, as amended by Section 7 of the Second Amendment). (b) Landlord hereby grants Tenant two (2) consecutive options (individually an “Option” and collectively the “Options”) to extend the Term of the Lease for an additional period of five (5) years per Option (each such period may be referred to as the “Option Term”), as to the portion of the Premises consisting of the 200 & 220 Penobscot Space, Building 2 Space and 101 Saginaw Space (all references in this Section 12 to the “Premises” shall instead be deemed to mean such space only), as it may then exist, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at the time of exercise and at all times prior to the commencement of the subject Extended Term, applicable Option: (i) Tenant shall not must be in default under this Lease or otherwise failed to have timely performed all occupancy of the entire Premises; and (ii) there has been no material adverse change in Tenant’s obligations under this financial position from such position as of the date of execution of the Lease, the Term as certified by Tenant’s independent certified public accountants, and as supported by Tenant’s certified financial statements, copies of this Lease which shall be subject delivered to two Landlord with Tenant’s written notice exercising its right hereunder. (2c) extension options for an additional period of 60 months each Tenant’s election (individually, the “Extension OptionElection Notice”, and collectively, ) to exercise an Option must be given to Landlord in writing no earlier than the “Extension Options”). The first Extension Option shall commence as of date which is twelve months (12) months before the expiration of the Initial then-current Term and expire on no later than the date that which is 60 full calendar nine (9) months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of before the expiration of the First Extended Term and expire on then-current Term. If Tenant either fails or elects not to exercise an Option by not timely giving its Election Notice, then the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options Option to Extend shall be exercisable as follows:null and void, including the then applicable Option and all further Options. (1d) The Extension Each Option Term shall commence immediately after the expiration of the preceding Term of the Lease. Tenant’s leasing of the Premises during an Option Term shall be upon and subject to the same material terms and conditions contained in this Lease, the Lease except that (i) the initial Monthly Base Rent for Rent, plus payment of Tenant’s Share of Operating Expenses pursuant to the Premises Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant’s obligation) shall be amended to equal to the Fair Market Rent (as “Option Term Rent”, defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option and determined in the manner set forth in Section 2.2(d)(3) below and the immediately following Subsection; (ii) the Security Deposit, if any, shall be increased within fifteen (15) days after the Prevailing Market Rent has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder, but in no event shall the Security Deposit be decreased; (iii) Tenant shall accept the Premises in an its “as isAS-IS” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (subjectiv) following the exercise o the second Option, howeverthere shall be no further option or right to extend the term of the Lease. If Tenant timely and properly exercises an Option, references in the Lease to the terms of Section 8.1 of this Lease). (2) Tenant’s election Term shall be deemed to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to preceding Term as extended by the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which Option Term unless the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termcontext clearly requires otherwise.

Option to Extend. Provided that at (a) Tenant shall have the time option (the "Option") to extend the term of exercise and at this Lease for one (1) additional period ("Option Term") of five (5) years upon all times prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all terms and conditions of Tenant’s obligations under this Lease, other than the Term of this Lease Minimum Monthly Rent, which shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”)determined as described below. The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to exercised, if at all, by Tenant giving Landlord in writing written notice of the exercise thereof no more than twelve (12) and no less than eight (8) months prior to (i) the expiration of the initial this Lease Term (as extended by any previously duly exercised Option). Any failure of Tenant to give due notice of its exercise of the Option within the required time shall constitute an irrevocable election on the part of Tenant not to exercise the Option, and this Lease shall expire at the end of the Term. Tenant shall have no other right to extend this Lease Term beyond the Option Term described herein. Notwithstanding anything set forth herein to the first Extension Option)contrary, or (ii) if on the expiration date of giving the notice, there exists any Event of Default on the part of Tenant under this Lease, this Section shall be void. Tenant's notice shall be ineffective, the Option Term shall not commence and this Lease shall expire as scheduled. In addition, any due exercise of the First Extended Option hereunder shall be voidable by Landlord if, at the time of such exercise, there existed any condition of default on the part of Tenant that Tenant thereafter fails to cure within any applicable notice and/or cure period. (b) The Minimum Monthly Rent during the Option Term (initially shall be the "Fair Market Rental Value" of the Premises, as defined below, as of the first day of the Option Term; provided, however, that in no event shall the Minimum Monthly Rent for any portion of the Option Term be less than the Minimum Monthly Rent in effect for the last month of the Term immediately preceding the commencement of the Option Term, regardless of any determination of a Fair Market Rental Value pursuant to the second Extension other provisions of this Section that would result in a lower Minimum Monthly Rent. (c) Upon exercise of the Option) (, Landlord and Tenant shall, in good faith, attempt to reach a mutually acceptable Fair Market Rental Value of the “Extension Notice”)Premises and consequent Minimum Monthly Rent for the Option Term. Within If Landlord and Tenant cannot agree upon the Fair Market Rental Value within thirty (30) days of Landlord’s receipt Tenant's exercise of the Extension NoticeOption, Landlord then, each party shall send Tenant written notice of Landlord’s make a separate determination of the Fair Market Rent Rental Value within five (5) business days thereafter and, concurrently exchange such determinations and such determinations shall be submitted to arbitration as set forth below, Within ten (10) days thereafter, Landlord and Tenant shall each select and notify the other of the name of an "Evaluator," who, for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, shall be an independent and impartial real estate professional (such as a licensed real estate agent) having more than ten years' experience in the term “leasing of space comparable to the Premises. The determination of the Evaluators shall be limited solely to the issue of whether Landlord's or Tenant's submitted Fair Market Rent” shall mean Rental Value is the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality closest to the Premises under a primary lease (and not sublease) to new or renewing tenantsactual Fair Market Rental Value, for a comparable term with a tenant improvement allowanceas determined by the Evaluators, if applicable and taking into consideration such amenities as existing improvementsaccount the requirements of this Section 3.4 (i.e., viewthe arbitrators may only select Landlord's or Tenant's determination and shall not be entitled to make a compromise determination). In the event the Evaluators cannot agree on the actual Fair Market Rental Value, floor on which each Evaluator shall promptly proceed to select a third Evaluator, who shall have the aforesaid qualifications of an Evaluator. The three Evaluators shall determine the Fair Market Rental Value of the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything shall deliver to the contrary contained herein, the subject Extension Option shall automatically terminate both Landlord and be Tenant a copy of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.such

Option to Extend. Provided (a) Landlord hereby grants Tenant a single option to extend the Term of the Lease for an additional period of five (5) years (such period may be referred to as the “Option Term”), as to the entire Premises as it then exists, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at the time of exercise of such option (and at all times prior to the commencement of the subject Extended Termeach Option, if more than one Option is granted): (i) Tenant must be conducting regular, active, ongoing business in, and be in occupancy (and occupancy by a subtenant, licensee or other party permitted or suffered by Tenant shall not be in default under this Lease or otherwise failed to have timely performed all satisfy such condition) of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to not less than two (2) extension options for an additional period floors of 60 the Premises; and (ii) there has been no material adverse change in Tenant’s financial position from such position as of the date of execution of the Lease. (b) Tenant’s election (the “Election Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is fifteen (15) months each prior to the Expiration Date and no later than the date which is twelve (individually12) months prior to the Expiration Date. If Tenant either fails or elects not to exercise the Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void, including, if more than one Option is granted, the “Extension Option”then applicable Option to Extend and all further Options to Extend. (c) The Option Term (and each Option Term, and collectively, the “Extension Options”). The first Extension if more than one Option is granted) shall commence as of immediately after the expiration of the Initial preceding Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration Lease. Tenant’s leasing of the First Extended Premises during the Option Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon and subject to the same material terms and conditions contained in this Lease, the Lease except that that: (i) Tenant shall pay the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as “Option Term Rent”, defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option and determined in the manner set forth in Section 2.2(d)(3the immediately following Subsection; (ii) below the Security shall be increased to an amount that is the same percentage or proportion of Option Term Rent as the prior amount of Security was in relation to Rent for the Term prior to the Option Term; and (iiiii) Tenant shall accept the Premises in an its “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subjector to provide Tenant any allowance therefor, except to the extent tenants leasing space in Comparable Transactions receive an allowance pursuant to the definition of Fair Market Rental Rate defined in Exhibit D hereto, provided, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be Landlord by notice given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within Tenant within thirty (30) days after final determination of the Fair Market Rental Rate, may elect to provide, in lieu of such allowance for alterations to the Premises, a rent credit equal to the amount of the allowance that would have otherwise been given, credited toward the rents applicable only to the Premises and due starting after such rent obligation commences. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the preceding Term as extended by the Option Term unless the context clearly requires otherwise. (d) The Option Term Rent shall mean the sum of the Monthly Base Rent at the Fair Market Rental Rate (as defined in Exhibit D) plus Rent Adjustments and/or certain Operating Expenses (if applicable, based upon a step-up to change the base year or base amount for calculation of Operating Expenses in connection with determination of the Fair Market Rental Rate) plus other charges pursuant to the Lease payable to Landlord. The determination of Fair Market Rental Rate and Option Term Rent shall be made by Landlord, in the good faith exercise of Landlord’s receipt business judgment. Within forty-five (45) days after Tenant’s exercise of the Extension NoticeOption To Extend, Landlord shall send notify Tenant written notice of Landlord’s determination of the Fair Market Rental Rate and Option Term Rent for the Premises Premises. Tenant may, within fifteen (15) business days after receipt thereof, deliver to Landlord a written notice either: (i) accepting Landlord’s determination, in which case the “extension shall be effective and binding (subject to Subsection (f) below) at the accepted rate; or (ii) setting forth Tenant’s good faith estimate, in which case Landlord and Tenant will promptly confer and attempt to agree upon the Fair Market Rental Rate and Option Term Rent. Tenant’s failure to timely deliver such notice within such fifteen (15) day period shall be deemed its election under (i) in the immediately preceding sentence. In the event Tenant has delivered notice setting forth Tenant’s different estimate, but no agreement in writing between Tenant and Landlord on Fair Market Rental Rate and Option Term Rent Notice”)is reached within thirty (30) days after Landlord’s receipt of Tenant’s estimate, the Fair Market Rental Rate shall be determined in accordance with the terms of Exhibit D. To the extent that Tenant pays directly the utility or service provider for utilities or services which Tenant is to obtain directly pursuant to the Lease, Tenant shall continue to pay such amounts, but such amounts shall not be counted as part of the Fair Market Rental Rate as used herein. (e) Promptly after final determination of the Fair Market Rental Rate, Landlord shall prepare a memorandum confirming the specific dates, amounts and terms of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend, in the form of an amendment to the Lease, and Tenant shall execute such amendment within fifteen (15) business days after Landlord and Tenant agree to the form of the proposed amendment and Landlord shall execute it promptly after Tenant. For purposes Notwithstanding any of the foregoing to the contrary, the failure of Landlord to prepare such amendment or of either party to execute an amendment shall not affect the validity and effectiveness of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, whereupon any prior or subsequent exercise of this Option to Extend shall be of no force or effect: (i) Tenant’s failure to timely exercise or timely to perform the Option to Extend in strict accordance with the provisions of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease . (and not subleaseii) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists The existence at the time of exercise of such Extension Tenant exercises the Option to Extend or at the time of commencement of the subject Extended Option Term of a Default on the part of Tenant under the Lease or of any state of facts which with the passage of time or the giving of notice, or both, would constitute such a Default. (iii) Tenant’s third monetary Default with a value of $25,000 or more under the Lease within thirty-six (36) months prior to the commencement of the Option Term, notwithstanding that all such Defaults may subsequently be cured. (g) Without limiting the generality of any provision of the Lease, time shall be of the essence with respect to all of the provisions of this Section. (h) This Option to Extend is personal to Xoom and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any other person or entity except an Affiliate that satisfies the terms and conditions of Section 10.01(e) of the Lease.

Option to Extend. Provided that at Lessee shall have the time of exercise and at all times prior option to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two (2) extension options for an additional a period of 60 months each five (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of 5) years immediately following the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), on all provisions contained in this Lease (except for Base Rent and such other terms and conditions as are specifically or by their operation limited to the second Extension Option initial Term only and except that Lessee shall commence as of have no further right or option to extend the term upon the expiration of the First Extended Term and expire on Term), by giving notice of exercise of the date that is 60 full calendar months thereafter option (the “Second Extended TermOption Notice”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: ) to Lessor at least nine (19) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that months but not more than fifteen (i15) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) before the expiration of the initial Term; provided, however, that at Lessee’s option, exercisable by written notice contained in the Option Notice, the option to extend for the Extended Term pursuant hereto may be exercised either for the entire Premises or for all of Suites 700 and 800 of the Premises (as being all of the Premises exclusive of the portion of the Premises located on the sixth (6th) floor of the Building); provided that in the event Lessee so exercises the option to extend by the first Extension Option)Extended Term for only Suites 700 and 800, or then on the commencement of the Extended Term, Lessee shall vacate and surrender the portion of the Premises located on the sixth (ii6th) floor of the Building in the condition required for surrender under this Lease upon the expiration of the First Extended Lease Term and any continued occupancy of any of the sixth (as 6th) floor portion of the Premises by Lessee shall be deemed to constitute an unauthorized holding over thereof by Lessee, subject to the second Extension Option) (the “Extension Notice”)provisions of this Lease governing an unauthorized holding over by Lessee. Within thirty (30) days of LandlordLessor’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent ability to plan for the Premises (orderly transaction of its rental business, to accommodate the “Fair Market Rent Notice”). For purposes needs of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment other existing and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing potential tenants, for a comparable term and to enjoy the benefits of increasing rentals at such times as Lessor is able to do so in its sole and absolute discretion, are fundamental elements of Lessor’s willingness to provide Lessee with a tenant improvement allowancethe option to extend contained herein. Accordingly, if applicable and taking into consideration such amenities as existing improvements, view, floor on which Lessee hereby acknowledges that strict compliance with the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary notification provisions contained herein, and Lessee’s strict compliance with the subject Extension Option time period for such notification contained herein, are material elements of the bargained for exchange between Lessor and Lessee and are material elements of Lessee’s consideration paid to Lessor in exchange for the grant of the option. Therefore, Lessee’s failure to adhere strictly and completely to the provisions and time frame contained in this provision shall render the option automatically terminate null, void and be of no further force or effect, whether without notice, acknowledgement, or not Tenant has timely exercised such Extension Optionany action of any nature or sort, required of Lessor. Lessee acknowledges that no other act or notice, other than the express written notice set forth hereinabove, shall act to put Lessor on notice of Lessee’s intent to extend, and Lessee hereby waives any claims to the contrary, notwithstanding any other actions of Lessee during the Term of this Lease or any statements, written or oral, of Lessee to Lessor to the contrary during the Term of this Lease. Notwithstanding the foregoing, if an uncured Default exists Lessee is in material default (after the expiration of any applicable period for cure pursuant to Article 22 below) on the date of giving the Option Notice, the Option Notice shall be totally ineffective, or if Lessee is in material default (after the expiration of any applicable period for cure pursuant to Article 22 below) on the date the Extended Term is to commence, in addition to any and all other remedies available to Lessor under this Lease, at Lessor’s election, the exercise of the option shall be deemed null and void, the Extended Term shall not commence, and this Lease shall expire at the time of exercise of such Extension Option or at the time of commencement end of the subject Extended Term. The option to extend granted pursuant hereto is personal to original Lessee signatory to this Lease and cannot be assigned, transferred or conveyed to, or exercised for the benefit of, any other person or entity (voluntarily, involuntarily, by operation of law or otherwise) including, without limitation, to any assignee or subtenant permitted under Article 13, except to a Permitted Transferee. All of Lessee’s rights under this Article 3.b. shall terminate upon the expiration of the initial Term or sooner termination of this Lease.

Option to Extend. Provided that at (1) Tenant shall have an option to extend the time Lease for one (1) additional term of five (5) years. In order to exercise and at all times prior to the commencement of the subject Extended Termsuch option, Tenant shall notify Landlord in writing at least two hundred seventy (270), but not be in default under this Lease or otherwise failed more than three hundred sixty (360), days prior to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as respective lease term of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s its election to exercise an Extension Option must be given to the option, upon which time Landlord shall submit in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within within thirty (30) days of Landlord’s thereafter a proposal for the then current Market Base Rental Rate (per rentable square foot per annum) for the extended term. Tenant shall have thirty (30) days from the receipt of said notice to (i) accept the Extension Noticeproposed Market Base Rental Rate in writing to Landlord, Landlord shall send (ii) to reject the Market Base Rental Rate and elect the appraisal process set forth below, or (iii) elect not to extend. If Tenant written notice of Landlord’s determination elects not to extend or fails to timely exercise its option, time being of the Fair Market Rent for essence, [all of] the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not subleaseoption(s) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force and effect and this Lease shall terminate upon expiration of the then Lease term. Any such extension shall be upon all of the terms, conditions and covenants of this Lease except as to (A) the amount of Base Rent, which shall be determined as set forth herein, (B) options to extend, options to expand, and rights of refusal, which shall not be applicable, and (C) Tenant allowances or effectother concessions which shall not be applicable to the extension term. As used herein, whether or not Tenant has timely exercised "Market Base Rental Rate" shall mean the then Base Rental Rate for comparable first class multi-tenant office buildings of comparable size, location and age in Broomfield, Colorado, at such Extension Optiontime, taking into account the following factors: (i) rent per rentable square foot; (ii) operating expenses and real estate tax 35 41 payments; (iii) current rental escalators; and (iv) rental concessions, if an uncured Default exists at the time any, as applicable to market renewals of exercise of such Extension Option or at the time of commencement of the subject Extended Termleases.

Option to Extend. Provided that at (a) Lessee shall have the time of exercise and at all times prior option to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two for one (21) extension options for an additional period of 60 months each five (individually, 5) years (the “Extension "Option”, and collectively, the “Extension Options”"). The period of the Option is referred to herein as the "Option Term." Lessee shall have no right or interest to exercise the Option unless, not later than one hundred fifty (150) days prior to the end of the Original Term, Lessee provides Lessor with (a) written notice of its exercise of the Option (the "Extension Notice"). Lessee shall have no right or interest to either exercise the Premises Option or the First Offer Space Option unless: (a) no Event of Default on the part of Lessee under this Lease is then continuing under this Lease or the lease demising the First Offer Space, if applicable; and (b) during the Term of the Lease, (i) Lessee has not filed for or sought protection under any bankruptcy statute, and (ii) Lessee has not failed to obtain a vacation from any involuntary bankruptcy proceeding within one hundred twenty (120) days of such filing. Base Rent payable during the first Extension year of the Option Term shall commence be an amount equal to "Market Rent" (as defined in 53(b) below) All of the terms, covenants, conditions, provisions and agreements of the Lease shall apply to the Option, except that Lessee shall have no additional option to extend the Term. Lessee's failure to exactly comply with any of the time or other requirements herein, shall cause the Option to automatically expire and, in such event, this Lease shall terminate upon the expiration of the Initial Term Original Term. (b) As used herein, "Market Rent" shall mean the price that a ready and expire willing tenant would pay, at commencement of the Option Term, as monthly base rent to a ready and willing Lessor if such office space were offered for lease on the date that is 60 full calendar months thereafter (open market for a reasonable period of time and be the “First Extended Term”), and the second Extension Option shall commence as sum of the expiration fair market monthly rental rate per rentable square foot multiplied by the rentable area of the First Extended Premises, determined as follows: (a) as mutually agreed by Lessor and Lessee within ten (10) days of Lessor's delivery to Lessee of Lessor's opinion of the Market Rent for the Option Term ("Lessor Rent Notice", which shall be delivered to Lessee within ten (10) days of receipt of Lessee's written Extension Notice); or (b) in the event that Lessor and expire on Lessee are unable to so agree within such ten (10) day period, the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”)Market Rent shall be determined by concurrent appraisals pursuant to Section 53(c) below. The Extension Options Market Rent shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that determined by considering (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as highest and best use of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and Premises, (ii) Tenant shall accept the Premises in an “as is” condition without any obligation duration of Landlord to repaintthe Option Term, remodel, repair, improve or alter (iii) the quality and prestige of the Premises (subject, however, to as then improved and maintained as required by the terms of Section 8.1 and conditions of this Lease). , (2iv) Tenant’s election to exercise an Extension recent monthly rental rates for buildings of similar size and location, (v) anticipated CPI Index changes during the Option must be given to Landlord in writing no less than eight Term; (8) months prior to (ivi) the expiration condition and quality of comparable tenant improvements in buildings of similar quality and location, (vii) real estate leasing commissions in the initial Term San Diego market, (as to the first Extension Option), or (iiviii) the expiration of the First Extended Term Lessee's credit, and (as to the second Extension Optionx) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes all other relevant terms and conditions of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended TermLease.

Option to Extend. Provided that at the time of exercise and at all times prior Subject to the commencement of the subject Extended Termterms and conditions contained herein, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each option(s) (individually, the “Extension OptionOption(s)”) to extend the Lease Term, as to not less than the entire Premises, for consecutive periods (each an “Option Period”) of five (5) years each, commencing upon the date the Term would otherwise expire, upon the same terms and collectively, the “Extension Options”). The first Extension Option shall commence conditions previously applicable under this Lease as of the immediately prior to expiration of the Initial Term and expire on but for the date that is 60 full calendar months thereafter exercise of such Extension Option(s) (the “First Extended Term”including without limitation payment by Tenant of Operating Expenses), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Annual Base Rent for the Premises shall will be equal to the Fair Market Rent (adjusted as defined in Section 2.2(d)(2) provided below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below , and (ii) Tenant shall accept have no further extension options, and (iii) Landlord shall provide to Tenant at the commencement of each Option Period for which the Annual Base Rent is equal to or greater than Annual Base Rent for the last year preceding such Option Period an allowance equal to $4.00 per rentable square foot in the Premises for Tenant’s use in an refurbishing the Premises, as provided in paragraph 3.3, below. Each Extension Option may be validly exercised only by written notice to Landlord from Tenant no earlier than twelve (12) months and no later than six (6) months prior to commencement of the Option Period (“as is” condition without any obligation Option Notice”), which Option Notice (in order to be effective) must set forth Tenant’s proposed Annual Base Rent to be payable during the Option Period, in accordance with the provisions of Landlord to repaint, remodel, repair, improve or alter the Premises Paragraph 3.3 below (subject“Tenant’s Proposed Rent”); provided, however, to the terms of Section 8.1 of this Lease). (2a) Tenant’s election to exercise an that each Extension Option must is personal to Tenant and any assignee of Tenant where the assignment to such assignee was made in accordance with the provisions of Paragraph 20 and (b) may be given to Landlord validly exercised only if Tenant (and/or such assignee) has not been in writing no less than eight monetary default as defined in Paragraph 18.1(i) under this Lease three (8) months prior to 3) or more times during any twelve (i12) month period or five (5) or more times during the expiration of the initial entire Lease Term (as to including the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”Option Period if validly exercised by Tenant pursuant hereto). Within thirty (30) days of Landlord’s receipt of If Tenant does not exercise the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of Option during the Fair Market Rent for exercise period set forth above in accordance with the Premises (the “Fair Market Rent Notice”). For purposes of this Sectionprovisions hereof, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option and all subsequent Extension Options shall automatically forever terminate and be of no further force and effect. If either or effectboth Extension Options are exercised, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension resulting Option or at the time of commencement Period is part of the subject Extended Lease Term.

Option to Extend. Provided that at the time of exercise and at all times prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed have the right to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter five (the “First Extended Term”), and the second 5) Lease Year Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner Terms set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) 1.1. The Tenant’s election option to exercise an extend for each Extension Option must Term shall be given exercised by Tenant giving notice thereof to Landlord in writing no less at least twelve (12) (but not more than eight eighteen (8) 18)) months prior to (i) the expiration end of the initial Term (as to the first Extension Option)applicable expiring term, or (ii) the expiration time being of the First Extended Term (essence to such exercise, so long as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of such notice and at the beginning of the Extension Term Tenant is not in default beyond any applicable grace and cure periods and is leasing (including any and all space then leased by Permitted Transferees and space Tenant has sublet to third parties in accordance with the terms hereof) at least fifty percent (50%) of the original Premises. All references to the Term shall mean the Initial Term as it may be extended by any Extension Term. Tenant shall have the right, in connection with the exercise of such each Extension Option or at the time of commencement Term, to surrender a portion of the Premises provided that (a) in Tenant’s notice to Landlord exercising the extension option, Tenant identifies the portion of the Premises to be surrendered (the “Relinquished Space”) (provided that if Tenant makes a reasonable effort, in good faith, to identify the Relinquished Space in such notice, and Landlord does not agree that Tenant’s identification of the Relinquished Space complies with the requirements of this Section 2.5, then Tenant shall not lose its right to extend as provided in this paragraph, but the Relinquished Space shall be mutually agreed upon by Tenant and Landlord based upon Tenant’s initial notice and the requirements of this Section 2.5); (b) the remaining rentable area of the Premises shall at least equal 81,683 RSF; and (c) the remaining Premises, not subject Extended to the Extension Term, shall be contiguous and re-leasable in the Landlord’s reasonable judgment. Tenant shall surrender the Relinquished Space to Landlord on or prior to the start of the Extension Term in accordance with Section 5.1.9. Each Extension Term shall be on all the terms and conditions of this Lease except that the Annual Fixed Rent shall be determined pursuant to Section 4.1.2.

Option to Extend. Provided (a) Landlord hereby grants Tenant a single option to extend the Term of the Lease for an additional period of five (5) years (such period may be referred to as the “Option Term”), as to the entire Premises as it then exists, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at the time of exercise of such option (and each Option, if more than one Option is granted): (i) Tenant must be conducting regular, active, ongoing business in, and be in occupancy (and occupancy by a subtenant, licensee or other party permitted or suffered by Tenant shall not satisfy such condition) of at all times least fifty percent (50%) of the Premises; and (ii) there has been no material adverse change in Tenant’s financial position from such position as of the date of execution of the Lease, as certified by Tenant’s independent certified public accountants or Chief Financial Officer or Chief Executive Officer, and as supported by Tenant’s certified financial statements, copies of which shall be delivered to Landlord with Tenant’s written notice exercising its right hereunder. Without limiting the generality of the foregoing, Landlord may reasonably conclude there has been a material adverse change if Tenant’s independent certified public accountants or Chief Financial Officer or Chief Executive Officer do not certify there has been no such change. (b) Tenant’s election (the “Election Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is twelve (12) months prior to the commencement of Expiration Date and no later than the subject Extended date which is nine (9) months prior to the Expiration Date. If Tenant either fails or elects not to exercise the Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void, including, if more than one Option is granted, the then applicable Option to Extend and all further Options to Extend. (c) The Option Term (and each Option Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2if more than one Option is granted) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of immediately after the expiration of the Initial preceding Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration Lease. Tenant’s leasing of the First Extended Premises during the Option Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon and subject to the same material terms and conditions contained in this Lease, the Lease except that (i) Tenant shall pay the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as “Option Term Rent”, defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option and determined in the manner set forth in Section 2.2(d)(3the immediately following Subsection; (ii) below the Security Deposit shall be increased to an amount that is the same percentage or proportion of Option Term Rent as the prior amount of Security Deposit was in relation to Rent for the Term prior to the Option Term, but in no event shall the Security Deposit be decreased; and (iiiii) Tenant shall accept the Premises in an its “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subjector to provide Tenant any allowance therefor, except to the extent tenants leasing space in Comparable Transactions receive an allowance pursuant to the definition of Fair Market Rental Rate defined in Exhibit E hereto, provided, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be Landlord by notice given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within Tenant within thirty (30) days after final determination of the Fair Market Rental Rate, may elect to provide, in lieu of such allowance for alterations to the Premises, a rent credit equal to the amount of the allowance that would have otherwise been given, credited toward the rents applicable only to the Premises and due starting after such rent obligation commences. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the preceding Term as extended by the Option Term unless the context clearly requires otherwise. (d) The Option Term Rent shall mean the sum of the Monthly Base Rent at the Fair Market Rental Rate (as defined in Exhibit E) plus Rent Adjustments and/or certain Operating Expenses (if applicable, based upon a step-up to change the base year or base amount for calculation of Operating Expenses in connection with determination of the Fair Market Rental Rate) plus other charges pursuant to the Lease payable to Landlord. The determination of Fair Market Rental Rate and Option Term Rent shall be made by Landlord, in the good faith exercise of Landlord’s receipt business judgment. Within forty-five (45) days after Tenant’s exercise of the Extension NoticeOption To Extend, Landlord shall send notify Tenant written notice of Landlord’s determination of the Fair Market Rental Rate and Option Term Rent for the Premises Premises. Tenant may, within fifteen (15) days after receipt thereof, deliver to Landlord a written notice either: (i) accepting Landlord’s determination, in which case the “extension shall be effective and binding (subject to Subsection (f) below) at the accepted rate; or (ii) setting forth Tenant’s good faith estimate, in which case Landlord and Tenant will promptly confer and attempt to agree upon the Fair Market Rental Rate and Option Term Rent. Tenant’s failure to timely deliver such notice within such fifteen (15) day period shall be deemed its cancellation of the Option. In the event Tenant has delivered notice setting forth Tenant’s different estimate, but no agreement in writing between Tenant and Landlord on Fair Market Rental Rate and Option Term Rent Notice”)is reached within thirty (30) days after Landlord’s receipt of Tenant’s estimate, the Fair Market Rental Rate shall be determined in accordance with the terms of Exhibit E. To the extent that Tenant pays directly the utility or service provider for utilities or services which Tenant is to obtain directly pursuant to the Lease, Tenant shall continue to pay such amounts. (e) Promptly after final determination of the Fair Market Rental Rate, Landlord shall prepare a memorandum confirming the specific dates, amounts and terms of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend, in the form of an amendment to the Lease, and Tenant shall execute such amendment within five (5) business days after Landlord and Tenant agree to the form of the proposed amendment and Landlord shall execute it promptly after Tenant. For purposes Notwithstanding any of the foregoing to the contrary, the failure of Landlord to prepare such amendment or of either party to execute an amendment shall not affect the validity and effectiveness of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, whereupon any prior or subsequent exercise of this Option to Extend shall be of no force or effect: (i) Tenant’s failure to timely exercise or timely to perform the Option to Extend in strict accordance with the provisions of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease . (and not subleaseii) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists The existence at the time of exercise of such Extension Tenant exercises the Option to Extend or at the time of commencement of the subject Extended Option Term of a Default on the part of Tenant under the Lease or of any state of facts which with the passage of time or the giving of notice, Igor both, would constitute such a Default. (iii) Tenant’s third Default under the Lease prior to the commencement of the Option Term, notwithstanding that all such Defaults ma), subsequently be cured. (g) Without limiting the generality of any provision of the Lease, time shall be of the essence with respect to all of the provisions of this Section. (h) This Option to Extend is personal to Bolt Biotherapeutics, Inc., a Delaware corporation, and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity except a Permitted Transferee that satisfies the terms and conditions of Section 10.01(e) of the Lease.

Option to Extend. Provided (a) The Parent Borrower may at any time and from time to time request that all or a portion of the Term Loans of any Class (an “Existing Term Loan Class”) be converted to extend the scheduled maturity date(s) of any payment of principal with respect to all or a portion of any principal amount of such Term Loans (any such Term Loans which have been so converted, “Extended Term Loans”) and to provide for other terms consistent with this Section 2.15. In order to establish any Extended Term Loans, the Parent Borrower shall provide a notice to the Administrative Agent (who shall provide a copy of such notice to each of the Lenders of the applicable Existing Term Loan Class) (a “Term Loan Extension Request”) setting forth the proposed terms of the Extended Term Loans to be established, which shall be identical to the Term Loans of the Existing Term Loan Class from which they are to be converted except (x) the scheduled final maturity date shall be extended and all or any of the scheduled amortization payments of principal of the Extended Term Loans may be delayed to later dates than the scheduled amortization of principal of the Term Loans of such Existing Term Loan Class (with any such delay resulting in a corresponding adjustment to the scheduled amortization payments reflected in Section 2.5 or in the Joinder Agreement, as the case may be, with respect to the Existing Term Loan Class from which such Extended Term Loans were converted, in each case as more particularly set forth in paragraph (d) of this Section 2.15 below) and (y) (A) the interest margins with respect to the Extended Term Loans may be higher or lower than the interest margins for the Term Loans of such Existing Term Loan Class and/or (B) additional fees may be payable to the Lenders providing such Extended Term Loans in addition to or in lieu of any increased margins contemplated by the preceding clause (A), in each case, to the extent provided in the applicable Extension Amendment; provided that, notwithstanding anything to the contrary in this Section 2.15 or otherwise, no Extended Term Loans may be optionally prepaid prior to the date on which the Existing Term Loan Class from which they were converted is repaid in full except in accordance with the last sentence of Section 5.1(a). No Lender shall have any obligation to agree to have any of its Term Loans of any Existing Term Loan Class converted into Extended Term Loans pursuant to any Extension Request. Any Extended Term Loans of any Extension Series shall constitute a separate Class of Term Loans from the Existing Term Loan Class from which they were converted. (b) The Parent Borrower or the Foreign Subsidiary Borrower may at any time and from time to time request that all or a portion of the Revolving Credit Commitments, any Extended Revolving Credit Commitments and/or any New Revolving Credit Commitments, each existing at the time of exercise such request (each, an “Existing Revolving Credit Commitment” and at any related revolving credit loans thereunder, “Existing Revolving Credit Loans”; each Existing Revolving Credit Commitment and related Existing Revolving Credit Loans together being referred to as an “Existing Revolving Credit Class”) be converted to extend the termination date thereof and the scheduled maturity date(s) of any payment of principal with respect to all times prior or a portion of any principal amount of Loans related to such Existing Revolving Credit Commitments (any such Existing Revolving Credit Commitments which have been so extended, “Extended Revolving Credit Commitments” and any related Loans, “Extended Revolving Credit Loans”) and to provide for other terms consistent with this Section 2.15. In order to establish any Extended Revolving Credit Commitments, the Parent Borrower or the Foreign Subsidiary Borrower shall provide a notice to the commencement Administrative Agent (who shall (A) the interest margins with respect to the Extended Revolving Credit Commitments may be higher or lower than the interest margins for the Specified Existing Revolving Credit Commitments and/or (B) additional fees may be payable to the Lenders providing such Extended Revolving Credit Commitments in addition to or in lieu of any increased margins contemplated by the subject preceding clause (A) and (z) the revolving credit commitment fee rate with respect to the Extended TermRevolving Credit Commitments may be higher or lower than the Revolving Credit Commitment Fee Rate for the Specified Existing Revolving Credit Commitment, Tenant shall not be in default under each case, to the extent provided in the applicable Extension Amendment; provided that, notwithstanding anything to the contrary in this Lease Section 2.15 or otherwise failed otherwise, (1) the borrowing and repayment (other than in connection with a permanent repayment and termination of commitments) of Loans with respect to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease any Existing Revolving Credit Commitments shall be subject to two made on a pro rata basis with all other Extended Revolving Credit Commitments and (2) extension options for an additional period assignments and participations of 60 months each (individually, Extended Revolving Credit Commitments and Extended Revolving Credit Loans shall be governed by the “Extension Option”, same assignment and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), participation provisions applicable to Revolving Credit Commitments and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal Revolving Credit Loans related to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner such Commitments set forth in Section 2.2(d)(3) below 14.6. Any Extended Revolving Credit Commitments of any Extension Series shall constitute a separate Class of revolving credit commitments from the Specified Existing Revolving Credit Commitments and from any other Existing Revolving Credit Commitments (ii) Tenant shall accept the Premises in an “as is” condition without together with any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Leaseother Extended Revolving Credit Commitments so established on such date). (2c) Tenant’s election to exercise an The Parent Borrower or the Foreign Subsidiary Borrower shall provide the applicable Extension Option must be given to Landlord in writing no less than eight Request at least five (8) months 5) Business Days prior to the date on which Lenders under the applicable Existing Class or Existing Classes are requested to respond. Any Lender (ian “Extending Lender”) the expiration wishing to have all or a portion of its Term Loans, Revolving Credit Commitments, New Revolving Credit Commitment or Extended Revolving Credit Commitment, as applicable, of the initial Existing Class or Existing Classes subject to such Extension Request converted into Extended Term Loans or Extended Revolving Credit Commitments, as applicable, shall notify the Administrative Agent (as an “Extension Election”) on or prior to the first date specified in such Extension Option), or (ii) the expiration Request of the First amount of its Term Loans, Revolving Credit Commitments, New Revolving Credit Commitment or Extended Revolving Credit Commitment of the Existing Class or Existing Classes subject to such Extension Request that it has elected to convert into Extended Term (Loans or Extended Revolving Credit Commitments, as applicable. In the event that the aggregate amount of Term Loans, Revolving Credit Commitments, New Revolving Credit Commitment or Extended Revolving Credit Commitment of the Existing Class or Existing Classes subject to Extension Elections exceeds the amount of Extended Term Loans or Extended Revolving Credit Commitments, as applicable, requested pursuant to the second Extension OptionRequest, Term Loans or Revolving Credit Commitments, New Revolving Credit Commitments or Extended Revolving Credit Commitments of the Existing Class or Existing Classes subject to Extension Elections shall be converted to Extended Term Loans or Extended Revolving Credit Commitments, as applicable, on a pro rata basis based on the amount of Term Loans, Revolving Credit Commitments, New Revolving Credit Commitment or Extended Revolving Credit Commitment included in each such Extension Election. Notwithstanding the conversion of any Existing Revolving Credit Commitment into an Extended Revolving Credit Commitment, such Extended Revolving Credit Commitment shall be treated identically to all other Revolving Credit Commitments for purposes of the obligations of a Revolving Credit Lender in respect of Swingline Loans under Section 2.1(e) and Letters of Credit under Article 3, except that the applicable Extension Amendment may provide that the Swingline Maturity Date may be extended and the related obligations to make Swingline Loans may be continued so long as the Swingline Lender has consented to such extensions in its sole discretion (the “Extension Notice”it being understood that no consent of any other Lender shall be required in connection with any such extension). Within thirty (30) days Notwithstanding the foregoing, for the avoidance of Landlord’s receipt doubt, neither the U.S. Letter of Credit Commitments nor the Spanish Letter of Credit Commitments shall be extended unless the prior written consent of the Extension Notice, Landlord shall send Tenant written notice applicable Letter of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended TermCredit Issuer is obtained.

Option to Extend. Provided that at Landlord hereby grants to Tenant one option (the time of exercise and at all times prior "Option") to extend the commencement term of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each three (individually, 3) years (the “Extension Option”, and collectively, the “Extension Options”"Option Term"). The first Extension Option must be exercised, if at all, by written notice (the "Option Notice") delivered by Tenant to Landlord not later than six (6) months prior to the end of the Term. Further, the Option shall commence not be deemed to be properly exercised if, as of the expiration date of the Initial Term and expire on Option Notice or at the date that is 60 full calendar months thereafter end of the Term, Tenant (the “First Extended Term”)i) has received a notice of default under this Lease, and the second Extension Option shall commence which default has not been cured within any applicable cure period as of the expiration date in question, (ii) has assigned all or any portion of this Lease or its interest herein except in a Permitted Transfer, or (iii) has sublet fifty percent (50%) or more of the First Extended Term Premises. Provided Tenant has properly and expire on timely exercised the date that is 60 full calendar months thereafter (Option, the “Second Extended term of the Lease shall be extended by the Option Term”, and individually with the First Extended Termall terms, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms covenants and conditions contained of the Lease shall remain unmodified and in this Leasefull force and effect, except that (iy) Tenant shall pay initial base rent determined as set forth below in this paragraph, and (z) after the initial Monthly Base Rent for exercise of the Option, Tenant shall have no options remaining. Landlord shall have no obligation whatsoever in connection with any extension of the term of this Lease to remodel, alter or improve the Premises for use by Tenant, to provide any improvement or construction allowance to Tenant, or to pay or reimburse Tenant for any remodeling, alterations or improvements to the Premises. The initial base rent during the Option Term shall be equal to ninety-five percent (95%) of the Fair Market Rent (as defined in Section 2.2(d)(2) below) for fair market rental value of the Premises as of the first month commencement of the subject Extension Option Term, determined as provided below. As used herein, "fair market rental value" shall mean the projected prevailing rental rate as of the first day of the Option Term for similar commercial space improved or presumed to be improved with tenant improvements of substantially similar age, quality and layout as then existing in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subjectbut not including the value of any Alterations installed by Tenant) and situated in similar office buildings in the Cupertino market, howeverincluding without limitation annual increases in the base rent. -26- Promptly after delivery of the Option Notice, Landlord and Tenant shall meet and confer and attempt to agree upon the fair market rental value of the Premises. If they are not able to agree, either party may give written notice to the terms other that the fair market rental value is to be determined by appraisal as provided herein. Within twenty (20) days following such notice, each party shall by written notice to the other appoint an independent and qualified appraiser. Each of Section 8.1 such appraisers shall, within thirty (30) days following appointment, give written notice to both parties of this Lease). the appraiser's determination of fair market rental value. If the determinations of such appraisers are in agreement, the initial base rent for the Option Term shall be ninety-five percent (295%) Tenant’s election of the fair market rental value so determined. If the difference between such determinations is ten percent (10%) of the higher appraisal or less, the average of the two determinations shall be the fair market rental value. If the difference is more than such percentage, then during the ten-day period following the appraisers' determinations, Landlord and Tenant shall again meet and confer and attempt to exercise agree upon the fair market rental value of the Premises. If they are unable to agree, the two appraisers shall appoint an Extension Option must be given to Landlord in writing no independent M.A.I. appraiser with not less than eight five (8) months prior to (i5) years experience with office leases in the expiration of area in which the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”)building is located. Within thirty (30) days of Landlord’s receipt following appointment, the third appraiser shall on written notice to the parties determine the fair market rental value which is no less and no more than the values determined by the other two appraisers, which determination shall be binding upon the parties. Each party shall pay the fees and expenses of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination appraiser appointed by it and one-half of the Fair Market Rent for fees and expenses of the Premises (third appraiser. If base rent has not been determined as of the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Option Term, Tenant shall pay the Base Rent in the amount specified by Landlord until base rent is finally determined. Upon such determination any overpayment or underpayment of base rent shall be reconciled.

Option to Extend. Provided Landlord hereby grants to Tenant one option (the "Seventh Amendment Extension Option") to extend either or both the 34th Floor Lease Term for the 34th Floor Expansion Space and/or the 35th Floor Lease Term for the 35th Floor Expansion Space for one (1) additional period of one (1) year (the "Seventh Amendment Option Term"), on the same terms, covenants and conditions as provided for in the Amended Lease, except for monthly installments of Base Rent, which shall be $56,729.02 per month for the 34th Floor Expansion Space, $56,729.02 per month for the 35th Floor Expansion Space, or $113,458.04 per month in the aggregate for both the 34th Floor Expansion Space and the 35th Floor Expansion Space, as applicable. The Seventh Amendment Extension Option must be exercised, if at all, by written notice ("Extension Notice") delivered by Tenant to Landlord, specifying that Tenant is exercising the Seventh Amendment as to just the 34th Floor Expansion Space, just the 35th Floor Expansion Space, or both the 34th Floor Expansion Space and the 35th Floor Expansion Space, no later than December 31, 2015. The Extension Option shall, at Landlord's sole option, not be deemed to be properly exercised if, at the time of exercise and at all times prior to the Extension Option is exercised or on the scheduled commencement of date for the subject Extended Seventh Amendment Option Term, Tenant has (a) committed an uncured event of default whose cure period has expired (or if Tenant would be in default but for the passage of time, the giving of notice or both), (b) assigned all or any portion of the Amended Lease as to the 34th Floor Expansion Space or the 35th Floor Expansion Space, as applicable, or its interest therein, or (c) sublet all or any portion of the 34th Floor Expansion Space or the 35th Floor Expansion Space, as applicable; provided, however, that (b) and (c) in preceding sentence shall not be in default under this Lease applicable to any assignment or otherwise failed to have timely performed subletting of all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as or a portion of the expiration of 34th Floor Expansion Space or the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”)35th Floor Expansion Space, and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”applicable, and individually with the First Extended Term, to an “Extended Term”). The Extension Options shall be exercisable Affiliate as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration 14.5 of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”)Original Lease. Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Provided Tenant has properly and timely exercised such the Seventh Amendment Extension Option, if an uncured Default exists at the time of exercise of such Extension 34th Floor Lease Term and/or the 35th Floor Lease Term, as applicable, shall be extended by the Seventh Amendment Option or at the time of commencement Term , and all terms, covenants and conditions of the subject Extended TermAmended Lease shall remain unmodified and in full force and effect, except that the monthly installments of Base Rent shall be as set forth above.

Option to Extend. Provided that at Landlord does hereby grant to Tenant the time right, privilege, and option to extend this Lease for one period of exercise and at all times prior to the commencement of the subject five (5) years ("Extended Term") from the date of expiration hereof, upon the same terms and conditions as herein contained, except as to "Basic Rent" which shall be as set forth in the paragraphs below, and with no tenant improvement allowance available to Tenant. In the event Tenant shall not be in default under this Lease or otherwise failed desires to have timely performed all of Tenant’s obligations under exercise its option to extend this Lease, the Term of this Lease shall be subject then at least one hundred eighty (180) days prior to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter term hereof, Tenant shall give Landlord a written notice (the “First Extended Term”"Extension Notice"), which shall set forth the name of the parties, the Lease date, and the second Extension Option shall commence as option period and dates of the expiration of the First Extended Term and expire on the date that which Tenant is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”)exercising. The Extension Options There shall be exercisable as follows: only one extension option period of five (15) The Extension Option shall be upon the same material terms and conditions contained in years under this Lease, except . In the event that (i) Tenant fails to give the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (Extension Notice as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option then Tenant's right to extend this Lease shall automatically terminate and be of no further force or and effect. The rent reserved herein, whether or not Tenant has timely exercised such Extension Optioni.e., if an uncured Default exists the "Basic Rent", during the Extended Term shall be set at a figure which is equal to the time of exercise of such Extension Option or then prevailing fair market rental value for the Premises at the time of commencement of said renewal period, as determined by mutual agreement between Landlord and Tenant or by arbitration in accordance with the subject Extended Termprovisions of this Lease. If Landlord and Tenant are unable to agree upon said fair market rental value within sixty (60) days from the date of sending the Extension Notice, then the matter shall be determined by arbitration pursuant to the terms of this Subsection. The parties agree to a standard of good faith and reasonableness in their attempts to affirmatively resolve the issue of Basic Rent. Arbitration, if required, shall be before one disinterested arbitrator if one can be agreed upon, otherwise before three disinterested arbitrators, one to be named by the Landlord, one by the Tenant and one by the two thus chosen. Each arbitrator shall have at least ten years professional experience and achieved "MAI" status in the American Institute of Real Estate Appraisers.

Option to Extend. Provided that at the time of exercise and at all times prior (a) Subject to the commencement terms of this Paragraph 41 and Paragraph 44, entitled "Options", Landlord hereby grants to Tenant one (1) option (the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed "Extension Option") to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject with respect to two the entire Premises and only the entire Premises then being leased by Tenant for one (21) extension options for an additional period of 60 months each five (individually5) years (the "Option Term"), on the “same terms, covenants and conditions as provided for in this Lease during the initial Term, except that: None of the concessions, allowances or other inducements for Tenant to enter into this Lease shall be applicable during the Option Term; Monthly Base Rent shall be established based on the "fair market rental rate" for the Premises for the Option Term as defined and determined in accordance with the provisions of this Paragraph 41 below; the Term, as extended by the Extension Option”, shall be five (5) years and collectively, the “Extension Options”). The first Extension Option Tenant shall commence as of the expiration of the Initial Term have no further options to extend unless otherwise agreed by Landlord in its sole and expire absolute discretion; and monthly rates per stall for parking privileges shall be established based on the date that is 60 full calendar months thereafter fair market rental rate for similar parking privileges in similar office buildings in the Irvine/Newport Beach "Airport" area (the “First Extended Term”"Comparison Area"), and as determined in Landlord's reasonable discretion, but in no event more than the second Extension Option shall commence as of then prevailing rates for parking within the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows:Project. (1b) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given exercised, if at all, by written notice ("Extension Notice") delivered by Tenant to Landlord in writing no less later than eight the date which is nine (8) 9) months, and no earlier than the date which is twelve (12) months prior to (i) the expiration of the initial Term of this Lease. (c) The term "fair market rental rate" as used in this Addendum shall mean the annual amount per rentable square foot or per parking space (by type), which as of the date of determination is projected for and throughout the Option Term to be acceptable to a willing, new, non-expansion, non-renewal and non-equity tenant of credit worthiness comparable to Tenant (excluding sublease and assignment transactions), and a willing landlord of a similar quality office building located in the Comparison Area, in an arm's length transaction (what Landlord is accepting in then current transactions for the Building shall be considered for purposes of determining rent for the Option Term), for space of comparable size or greater, comparable in quality and floor height as the leased area at issue taking into account the age and layout of the existing improvements in the leased area at issue and taking into account items that professional real estate brokers customarily consider, including, but not limited to, rental rates, office space availability, tenant size, tenant improvement allowances, operating expenses and allowance, parking charges, and any other lease considerations, if any, then being charged or granted by Landlord or the lessors of such similar office buildings. (d) In the event where a determination of fair market rental rate is required under the Lease, Landlord shall provide written notice of Landlord's determination of the fair market rental rate not later than thirty (30) days after the last day upon which Tenant timely exercises the right giving rise to the first Extension Option)necessity for such fair market rental rate determination. Tenant shall have thirty (30) days ("Tenant's Review Period") after receipt of Landlord's notice of the fair market rental rate within which to (i) accept such fair market rental rate, or (ii) reasonably object thereto in writing. Failure of Tenant to so object to the expiration fair market rental rate submitted by Landlord in writing within Tenant's Review Period shall conclusively be deemed Tenant's approval and acceptance thereof. If within Tenant's Review Period Tenant reasonably objects to the fair market rental rate submitted by Landlord, Landlord and Tenant will meet meet together with their respective legal counsel to present and discuss their individual determinations of the First Extended Term fair market rental rate for the Premises under the parameters set forth in Paragraph (c) above and shall diligently and in good faith attempt to negotiate a rental rate on the basis of such individual determinations. Such meeting shall occur no later than ten (10) business days after Tenant objects to the fair market rental submitted by Landlord. The parties shall each provide the other with such supporting information and documentation as they deem appropriate. At such meeting if Landlord and Tenant are unable to agree upon the fair market rental rate, they shall each submit to the other their respective best and final offer as to the second Extension Optionfair market rental rate. If Landlord and Tenant fail to reach agreement on such fair market rental rate within five (5) business days following such a meeting (the “Extension Notice”"Outside Agreement Date"), Tenant's Option will be deemed null and void unless Tenant demands appraisal by written notice to Landlord within five (5) business days thereafter, in which event each party's determination shall be submitted to appraisal in accordance with the provisions below. (i) Landlord and Tenant shall each appoint one appraiser who shall by profession be a real estate broker who has been active over the five (5) year period ending on the date of such appointment in the leasing of mid to high-rise office space in the Comparison Area. Within Each such appraiser will be appointed within thirty (30) days after the Outside Agreement Date. (ii) The two (2) appraisers so appointed will within fifteen (15) days of the date of the appointment of the last appointed appraiser agree upon and appoint a third appraiser who shall be qualified under the same criteria set forth herein above for qualification of the initial two (2) appraisers. (iii) The determination of the appraisers shall be limited solely to the issue of whether Landlord's or Tenant's last proposed (as of the Outside Agreement Date) best and final fair market rental rate for the Premises is the closest to the actual new fair market rental rate for the Premises as determined by the appraisers, taking into account the requirements of Paragraph (c) and this Paragraph (e) regarding same. (iv) The three (3) appraisers shall within thirty (30) days of Landlord’s receipt the appointment of the Extension Notice, Landlord third appraiser reach a decision as to whether the parties shall send Tenant written notice of use Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base 's or Tenant's submitted best and final fair market rental rate, periodic and shall notify Landlord and Tenant thereof. During such thirty (30) day period, Landlord and Tenant may submit to the appraisers such information and documentation to support their respective positions as they shall deem reasonably relevant and Landlord and Tenant may each appear before the appraisers jointly to question and respond to questions from the appraisers. (v) The decision of the majority of the three (3) appraisers shall be binding upon Landlord and Tenant and neither party shall have the right to reject the decision or to undo the exercise of the applicable Option, and such decision shall be used to establish the rental rate adjustment for the Option Term. The cost of each party's appraiser shall be the responsibility of the party selecting such appraiser, and other charges the cost of the third appraiser shall be shared equally by Landlord and increasesTenant. (vi) If either Landlord or Tenant fails to appoint an appraiser within the time period in Paragraph (e)(i) herein above, if any, for space comparable in size, location and quality to the Premises under a primary lease appraiser appointed by one of them shall within thirty (and not sublease30) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor days following the date on which the Premises are situated party failing to appoint an appraiser could have last appointed such appraiser reach a decision based upon the same procedures as set forth above (i.e., by selecting either Landlord's or Tenant's submitted best and final fair market rental rate), notify Landlord and Tenant thereof and such appraiser's decision shall be binding upon Landlord and Tenant. (vii) If the liketwo (2) appraisers fail to agree upon and appoint a third appraiser, situated in buildings in Emeryvilleeither party, California. Notwithstanding anything upon ten (10) days written notice to the contrary contained other party, can apply to the Presiding Judge of the Superior Court of Orange County to appoint a third appraiser meeting the qualifications set forth herein. The third appraiser, however, selected shall be a person who has not previously acted in any capacity for either party. (viii) In the event that the new Monthly Base Rent is not established prior to end of the initial Term of the Lease, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists Monthly Base Rent immediately payable at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termapplicable Option Term shall be the Monthly Base Rent determined by Landlord. Notwithstanding the above, once the fair market rental is determined in accordance with this section, the parties shall settle any overpayment on the next Monthly Base Rent payment date falling not less than thirty (30) days after such determination and shall enter into an amendment to this Lease confirming the terms of the determination.

Option to Extend. Provided (a) Landlord hereby grants Tenant a single option to extend the initial Term of the Lease for an additional period of five (5) years (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise of such right: (i) Tenant must be in occupancy; and at all times (ii) there has been no material adverse change in Tenant's financial position from such position as of the date of execution of the Lease, as certified by Tenant's independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall be delivered to Landlord with Tenant's written notice exercising its right hereunder. (b) Tenant's election (the "Election Notice") to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is twelve (12) months before the Expiration Date and no later than the date which is nine (9) months prior to the commencement of Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed Option to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease Extend shall be subject to two null and void. (2c) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option Term shall commence as of immediately after the expiration of the Initial initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration Lease. Tenant's leasing of the First Extended Premises during the Option Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon and subject to the same material terms and conditions contained in this Lease, the Lease except that (i) the initial Monthly Base Rent for and, if applicable, the Premises Operating Expenses Base Year, the Taxes Base Year and parking charges pursuant to the Lease shall be amended to equal to the Fair Market Rent (as "Option Term Rent", defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option and determined in the manner set forth in Section 2.2(d)(3) below and the immediately following Subsection; (ii) the Security Deposit, if any, shall be increased within fifteen (15) days after the Prevailing Market Rent has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder; (iii) Tenant shall accept the Premises in an “its "as is” " condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (subjectiv) there shall be no further option or right to extend the term of the Lease. If Tenant timely and properly exercises the Option To Extend, however, references in the Lease to the terms of Section 8.1 of this Lease)Term shall be deemed to mean the initial Term as extended by the Option Term unless the context clearly requires otherwise. (2d) Tenant’s election to exercise an Extension The Option must be given to Landlord in writing no less than eight (8) months prior to Term Rent shall mean the greater of (i) the expiration Monthly Base Rent and parking charges payable by Tenant under this Lease calculated at the rate applicable for the last full month of the initial Term Term, with Rent Adjustments based upon the Operating Expenses Base Year and Taxes Base Year as defined in Section 1.03 (as to the first Extension Option)collectively, "Preceding Rent") or (ii) the expiration "Prevailing Market Rent". As used herein Prevailing Market Rent shall mean the rent and all other monetary payments and escalations, including consumer price increases, that Landlord could obtain from a third party desiring to lease the Premises for a term equal to the Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking into account the following: the size, location and floor levels of the First Extended Term Premises; the type and quality of tenant improvements; age and location of the Project; quality of construction of the Project the; financial strength of Tenant; services to be provided by Landlord or by tenant; the rent, all other monetary payments and escalations obtainable for leases of space comparable to the Premises in the Project and in the Comparable Buildings, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall be determined without reduction or adjustment for "Tenant Concessions" (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the second Extension Option) (preceding sentence, the “Extension Notice”)term "Tenant Concessions" shall include, without limitation, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the foregoing criteria shall be made by Landlord, in the good faith exercise of Landlord's business judgment and using the best available market data. Within thirty (30) days of Landlord’s receipt after Tenant's exercise of the Extension NoticeOption To Extend, Landlord shall send notify Tenant of Landlord's determination of Option Term Rent for the Premises. If Landlord's determination of Prevailing Market Rent is greater than the Preceding Rent, and if Tenant, in Tenant's sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the exercise of the option by giving written notice thereof to Landlord within thirty (30) days after notice of Landlord’s 's determination of Prevailing Market Rent. (e) This Option to Extend is personal to Calico and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity. (f) Upon the Fair Market Rent occurrence of any of the following events, Landlord shall have the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, with the effect of canceling and voiding any prior or subsequent exercise so this Option to Extend is of no force or effect: (i) Tenant's failure to timely exercise the Option to Extend in accordance with the provisions of this Section. (ii) The existence at the time Tenant exercises the Option to Extend or at the commencement of the Option Term of any Default on the part of Tenant under the Lease, provided, for the Premises (the “Fair Market Rent Notice”). For purposes of this SectionSection only, that with respect to a monetary default, Landlord has given Tenant notice of such default. (g) Without limiting the term “Fair Market Rent” generality of any provision of the Lease, time shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement essence with respect to all of the subject Extended Termprovisions of this Section.

Option to Extend. Provided that Learning Tree International USA, Inc., a Delaware corporation, and any of its Affiliates (individually and collectively, “Learning Tree”), is not then in default and has not been in default more than twice during the Term, in each case both at the time of exercise of the Renewal Option, as hereinafter defined, and at all times prior to the commencement of the subject Extended Renewal Period, as hereinafter defined, and is then in occupancy of the Premises at the time of exercise of the Renewal Option, as hereinafter defined, and at the time of the commencement of the Renewal Period, as hereinafter defined, Learning Tree shall have one (1) option (the “Renewal Option”) to extend the Term for one (1) additional five (5) year period (the “Renewal Period”) after the expiration of the initial Term. The Renewal Option shall be exercisable only by written notice given by Learning Tree to Landlord not later than twelve (12) months, Tenant shall nor earlier than fifteen (15) months, prior to the expiration of the Term. In the event that Learning Tree does not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Leaseexercise the Renewal Option, the Term Renewal Option shall be null and void and of no further force or effect, time being of the essence in the exercise of the Renewal Option and it being acknowledged and agreed by Learning Tree that Landlord shall be entitled to rely on any failure by Learning Tree to give written notice of its exercise of the Renewal Option by the date set forth herein for such exercise thereof. All terms and conditions of this Lease shall be subject to two (2) extension options applicable during the Renewal Period except that the amount of Base Rent charged for an additional period of 60 months each (individually, the Renewal Period shall be the then “Extension OptionPrevailing Market Rent”, which shall be the rent for comparable space in comparable buildings in Reston, Virginia, taking into account such concessions, if any, as are then being offered by landlords of comparable buildings in Reston, Virginia with respect to such comparable space. If within thirty (30) days following delivery of Learning Tree’s notice, Landlord and collectivelyLearning Tree have not mutually agreed on the Prevailing Market Rent for the Renewal Period in question, the “Extension Options”). The first Extension Option shall commence as of then within ten (10) days after the expiration of such thirty-day period, each party shall give written notice to the Initial Term other setting forth the name and expire on address of a Broker (as hereinafter defined) selected by such party who has agreed to act in such capacity, to determine the date that Prevailing Market Rent. If either party shall fail to select a Broker as aforesaid, the Prevailing Market Rent shall be determined by the Broker selected by the other party. Each Broker shall thereupon independently make his determination of the Prevailing Market Rent within twenty (20) days after the appointment of the second Broker. If the two Brokers’ determinations are not the same, but the higher of such two values is 60 full calendar months thereafter not more than one hundred five percent (105%) of the “First Extended Term”)lower of them, then the Prevailing Market Rent shall be deemed to be the average of the two values. If the higher of such two values is more than one hundred five percent (105%) of the lower of them, then the two Brokers shall jointly appoint a third Broker within ten (10) days after the second of the two determinations described above has been rendered. The third Broker shall independently make his determination of the Prevailing Market Rent within twenty (20) days after his appointment. The highest and the second Extension Option shall commence as lowest determinations of value among the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options three Brokers shall be exercisable as follows: (1) The Extension Option disregarded and the remaining determination shall be upon deemed to be the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Prevailing Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”)Rent. Within thirty (30) days of Landlord’s receipt of after the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Prevailing Market Rent is determined as aforesaid, the parties shall execute an amendment to this Lease setting forth the new Rent to be paid for the Premises (the “Fair Market Rent Notice”)Renewal Period. For the purposes of this SectionSection 39, the term “Fair Market RentBroker” shall mean a real estate broker licensed in Virginia, who has been regularly engaged in such capacity in the base rental ratebusiness of commercial office leasing in Reston, periodic rental rate adjustment Virginia for at least ten (10) years immediately preceding such person’s appointment hereunder. Each party shall pay for the cost of its Broker and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement one-half of the subject Extended Termcost of the third Broker.

Option to Extend. (a) Provided that that, at the time of each such exercise, (i) this Lease is in full force and effect, (ii) no Default of Tenant shall have occurred and be continuing (either at the time of exercise or at the commencement of an Extended Term), and (iii) Tenant shall not have assigned this Lease or vacated or sublet more than 20,000 rentable square feet in the Premises, other than in connection with a transfer for which Landlord’s consent is not required under Article VI (any of which conditions described in clauses (i), (ii), and (iii) may be waived by Landlord at all times any time in Landlord’s sole discretion), Tenant shall have the right and option to extend the Term of this Lease with respect to either the entire Premises, or only the portion of the Premises on the second floor, or only the portion of the Premises on the third floor, for two extended terms (each an “Extended Term”) of five (5) years each by giving written notice to Landlord not later than twelve (12) months prior to the commencement expiration date of the subject then current Term. The effective giving of such notice of extension by Tenant shall automatically extend the Term of this Lease for the applicable Extended Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails timely to give such notice to Landlord, or if Tenant shall elect to extend the Term solely with respect to the second floor space or the third floor space, then this Lease shall automatically terminate with respect to the remainder of the Premises at the end of the Initial Term, or the first Extended Term, as applicable, and Tenant shall have no further option to extend the Term of this Lease with respect to such portion of the Premises. Each Extended Term shall commence on the day immediately succeeding the expiration date of the Initial Term, or the expiration of the first Extended Term, as applicable, and shall end on the day immediately preceding the fifth (5th) anniversary of the first day of the Extended Term. The Extended Terms shall be on all the terms and conditions of this Lease, except: (i) during the second Extended Term, Tenant shall not have no further option to extend the Term, (ii) the Basic Rent for each Extended Term shall be ninety-five percent (95%) of the Fair Market Rental Value of the Premises as of the commencement of the Extended Term, taking into account all relevant factors, determined pursuant to paragraph (b) below; and (iii) if Tenant shall elect in default under this Lease such notice of extension to extend the Term for only the second floor space or otherwise failed the third floor space, the Premises thereafter shall solely refer to have timely performed all of such space. (b) Promptly after receiving Tenant’s obligations under this Lease, notice extending the Term of this Lease pursuant to paragraph (a) above, but in no event sooner than eleven months prior to the end of the then current Term, Landlord shall provide Tenant with Landlord’s good faith estimate of the Fair Market Rental Value of the Premises for the upcoming Extended Term based upon rents being paid by tenants entering into leases for first-class office similar in size, build-out, amenities and term in the Medford/Charlestown area. If Tenant is unwilling to accept Landlord’s estimate of the Fair Market Rental Value as set forth in Landlord’s notice referred to above, and the parties are unable to reach agreement thereon within thirty (30) days after the delivery of such notice by Landlord, then either party may submit the determination of the Fair Market Rental Value of the Premises to arbitration by giving notice to the other party naming the initiating party’s arbitrator within ten (10) days after the expiration of such thirty (30) day period. Within fifteen (15) days after receiving a notice of initiation of arbitration, the responding party shall appoint its own arbitrator by notifying the initiating party of the responding party’s arbitrator. If the second arbitrator shall not have been so appointed within such fifteen (15) day period, the Fair Market Rental Value of the Premises shall be subject determined by the initiating party’s arbitrator. If the second arbitrator shall have been so appointed, then the two arbitrators thus appointed shall make their own determination of Fair Market Rental Value and shall meet and confer in an effort to reconcile their respective determinations. If, within thirty (30) days after the appointment of the second arbitrator, the two arbitrators have not reached agreement, and if the difference between the two (2) extension options for an additional period determinations is less than ten percent (10%), then the average of 60 months each (individuallythe two determinations shall be the Fair Market Rental Value. If, however, the “Extension Option”difference between the two (2) determinations is ten percent (10%) or more, and collectivelythen the two arbitrators shall, the “Extension Options”). The first Extension Option shall commence as of within ten (10) days after the expiration of such thirty (30) day period, appoint a third arbitrator; in the Initial Term and expire event the two initial arbitrators are unable timely to agree on the date that is 60 full calendar months thereafter (third arbitrator, then either may, on behalf of both, request such appointment by the “First Extended Term”)American Arbitration Association, and or its successor, or, on its failure, refusal or inability to act, by a court of competent jurisdiction. In such event, the second Extension Option third arbitrator shall commence as conduct its own independent investigation of the expiration applicable Fair Market Rental Value within fifteen (15) days of his/her appointment; neither Landlord’s arbitrator nor Tenant’s arbitrator shall notify the third arbitrator of its determination. After the third arbitrator has completed its determination, the third arbitrator shall notify Landlord and Tenant of the First Extended Term and expire date on the which said arbitrator will discloses its determination, which date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: at least five (15) The Extension Option days after the giving of such notice. Such disclosure shall take place in Landlord’s office unless otherwise mutually agreed by the parties. In such case, the Fair Market Rental Value shall be upon the same material terms and conditions contained in this Leaserent proposed by either Landlord’s arbitrator or Tenant’s arbitrator, except that (i) whichever value is closer to the initial Monthly Base Rent for determination of the Premises third arbitrator; if the two are equidistant from the third arbitrator, the Fair Market Rental Value shall be equal to the Fair Market Rent third arbitrator’s determination. All arbitrators shall be appraisers or other qualified real estate professionals who are independent from the parties who have had at least ten (as defined 10) years commercial real estate experience in Section 2.2(d)(2) below) for the Premises as greater Boston area. Each party shall pay the fees of its own arbitrator, and the fees of the first month of third arbitrator shall be shared equally by the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)parties. (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided that at Landlord hereby grants Tenant the time of exercise and at all times prior right to extend the commencement term of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two for one (21) extension options for an additional period of 60 months each seven (individually, 7) years (such extended period is hereinafter referred to as the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon on the same material terms and conditions contained in this the Lease, except that (i) Base Rent for the initial Monthly Extended Term shall be as set forth hereinbelow, (ii) no additional options to extend shall apply following the expiration of the Extended Term, and (iii) Landlord shall have no obligation to make any improvements to the Premises or contribute any amounts therefor. Written notice of Tenant’s exercise of its option to extend (“Option to Extend”) the Term of this Lease for the Extended Term must be given to Landlord no more than fifteen (15) months and no less than twelve (12) months prior to the date the Term of the Lease would otherwise expire. If Tenant is in default under this Lease, Tenant shall have no right to extend the Term of this Lease until such default is cured within the cure period set forth in this Lease for such default, if any; provided, that the period of time within which said Option to Extend may be exercised shall not be extended or enlarged by reason of Tenant’s inability to exercise said Option to Extend because of a default. In the event Tenant validly exercises its Option to Extend the Term of this Lease as herein provided, Base Rent shall be adjusted as of the commencement date of the Extended Term as follows (but in no event shall it be less than the Base Rent for the month immediately prior to the commencement of the Extended Term): (a) Not later than six (6) months prior to the commencement of an Extended Term, Landlord shall provide Tenant with Landlord’s determination of the fair market Base Rent for such Extended Term, including periodic increases as dictated by the current market (“Landlord’s Determination of Base Rent for Extended Term”). Tenant shall provide notice to Landlord within ten (10) days after receipt of such notice from Landlord as to whether Tenant accepts Landlord’s Determination of Base Rent for Extended Term. In the event Tenant does not agree to Landlord’s Determination of Base Rent for Extended Term, Landlord and Tenant shall attempt to agree upon Base Rent for the Premises shall for the Extended Term, such rent to be equal to the Fair Market Rent (fair market rental value of the Premises for the Extended Term, as defined in Section 2.2(d)(2Subsection (c) below) . If the parties are unable to agree upon the Base Rent for the Premises as of Extended Term by the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3date three (3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration commencement of the initial Term Extended Term, then within ten (as 10) days thereafter each party, at its own cost and by giving notice to the first Extension Option)other party, or shall appoint a real estate appraiser with at least five (ii5) years full-time commercial real estate appraisal experience in the expiration area in which the Premises are located to appraise and set Base Rent for the Extended Term. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the First name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set Base Rent for the Extended Term (as Term. If each party shall have so appointed an appraiser, the two appraisers shall meet promptly and attempt to set the second Extension Option) (Base Rent for the “Extension Notice”)Extended Term. Within If the two appraisers are unable to agree within thirty (30) days of Landlord’s receipt after the second appraiser has been appointed, they shall attempt to select a third appraiser meeting the qualifications herein stated within ten (10) days after the last day the two appraisers are given to set Base Rent. If the two appraisers are unable to agree on the third appraiser within such ten (10) day period, either of the Extension Noticeparties to this Lease, Landlord shall send Tenant written by giving five (5) days notice of Landlord’s determination to the other party, may apply to the then presiding judge of the Fair Market Rent King County Superior Court for the Premises (the “Fair Market Rent Notice”). For purposes selection of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.third

Option to Extend. Provided that a. Notwithstanding any provision of this Lease to the contrary, provided that, both at the time of the exercise and at all times prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner option hereinafter set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Renewal Term (as hereinafter defined), (i) this Lease is in full force and effect, and (ii) Tenant is (A) not then in default hereunder beyond the expiration of any applicable notice and cure period provided for in this Lease and (B) in occupancy of at least fifty percent (50%) of the Leased Premises for the purpose of conducting its own business, Tenant is hereby granted the option to renew the Lease Term for one (1) additional period of two (2) years (the "Renewal Term"), such Renewal Term to commence upon the day immediately following the Lease Expiration Date, as defined without regard to the Renewal Term. Tenant shall exercise its option to renew by delivering notice of such exercise (the "Renewal Notice") to Landlord not less than 180 days nor more than 240 days prior to such Lease Expiration Date, time being of the essence with respect to such exercise. b. The Renewal Term shall be upon the same terms and conditions of this Lease except that (i) the Base Rent during the Renewal Term shall be the greater of (A) the fair market rental rate, including any annual fair market escalations, for space comparable to and within the recognized submarket of the Leased Premises, as determined by Landlord in its reasonable discretion or (B) one hundred three percent (103%) of the Base Rent payable hereunder during the last twelve (12) months of the Lease Term (excluding the Renewal Term), escalated by three percent (3.00%) annually thereafter; (ii) Tenant shall have no option to renew the Lease Term beyond the expiration of the Renewal Term; and (iii) the Leased Premises shall be delivered in their condition as of the Lease Expiration Date, as defined without regard to the Renewal Term. c. Except for the renewal option set forth above in this Paragraph 12.3, this Lease may only be extended beyond the Lease Expiration Date by the parties executing a new lease or an amendment hereto, in each case in form and substance acceptable to both Landlord and Tenant in their respective sole, absolute, and subjective discretion. Except as expressly set forth in this Paragraph 12.3, no proposal, offer, correspondence, or the like shall be legally binding upon Landlord or Tenant unless and until the terms thereof are incorporated into such a new lease or amendment hereto.

Option to Extend. Provided that at If, (a) The Tenant pays the time rent (including Minimum Rent and Additional Rent) as and when due and punctually observes and performs the terms, covenants and conditions to be observed and performed by it in accordance with the terms of exercise the Lease; (b) The Tenant is not in default under the Lease; (c) The Tenant gives the Landlord not less than six (6) months and at all times not more then twelve (12) months written notice prior to the commencement expiration of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject of the Tenant’s intention to two extend the Term of the Lease; and (2d) extension options So long as the Tenant is Eloqua Corporation and itself in occupation and conducting business in the whole of the Leased Premises in accordance with the terms of the Lease, the Tenant expressly acknowledging and agreeing that the provisions of this section are personal to the Tenant, then the Landlord will grant to the Tenant the right to extend the Term of this Lease upon the expiry of the initial Term for an additional a period of 60 months each five (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter 5) years (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable ) upon the same terms and conditions as followsset out in the Lease except that: (1i) The Extension Option There shall be upon no further right to extend the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and Term; (ii) The Landlord may at its option require the Tenant shall accept to enter into an Extension Agreement, as prepared by the Premises in an “as is” condition without any obligation of Landlord at the Tenant’s expense to repaint, remodel, repair, improve or alter the Premises (subject, however, give effect to the terms of Section 8.1 of this Lease).Extended Term; and (2iii) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration The Minimum Rent payable during each year of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to shall be based on the second Extension Option) (fair market rent for similar premises in the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists Building at the time of exercise of such Extension the Tenant exercises this Option or at the time of commencement to Extend, but in no event less than $10.31 per rentable square foot per annum in each year of the subject Extended Termextended term. SIGNED, SEALED AND DELIVERED ) 674951 ONTARIO LIMITED in the presence of: ) (Landlord) ) Per: /s/ ▇▇▇▇ ▇▇▇▇▇▇ ) ▇▇▇▇ ▇▇▇▇▇▇ — Property Manager ) Per: ) ▇▇▇▇▇▇▇ ▇▇▇▇▇ — Vice President ) ELOQUA CORPORATION ) (Tenant) ) Per: /s/ ▇▇▇▇ Organ ▇▇▇▇ Organ, President ▇▇▇▇ ▇, ▇, ▇, ▇, ▇, ▇, ▇, ▇, 9, 10, 11, 12 and 13, Block A, ▇▇▇ ▇▇, ▇▇▇▇ ▇▇, ▇▇, ▇▇, ▇▇, ▇▇, ▇▇, 21, 22, 23, 24 and 25, Block D, Blocks B and C, The ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇-▇▇▇▇ and ▇▇▇ ▇▇, ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, in the City of Toronto Municipality of Metropolitan Toronto, designated as Part 1, on Plan 63R-3261 (as described in Instrument No. CT-807031).

Option to Extend. Provided that at Lessor hereby grants to Lessee the time option to extend the term of exercise this Lease for one (1) additional sixty (60) month period commencing when the prior term expires upon each and at all times of the following terms and conditions: (i) Lessee gives to Lessor, and Lessor actually receives on a date which is prior to the commencement date that the option period would commence (if exercised) by at least nine (9) and not more than twelve (12) months, a written notice of the subject Extended Term, Tenant shall not be in default under exercise of the option to extend this Lease or otherwise failed to have timely performed all for said additional term, time being of Tenant’s obligations under this Leaseessence. If said notification of the exercise of said option is not so given and received, the Term option shall automatically expire; (ii) The provisions of paragraph 39, including the provision relating to default of Lessee set forth in Paragraph 39.4 of this Lease are conditions of this Option; (iii) All of the terms and conditions of this Lease except where specifically modified by this option shall apply; (iv) The monthly rent for each month of the option period shall be subject to two calculated as follows, using the method indicated below: I. Market Rental Value Adjustment(s) (2MRV) (a) extension options for an additional period On the first (1st) day of 60 months each (individuallythe option period, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as monthly rent payable under Paragraph 1.5 ("Base Rent") of the expiration attached Lease shall be adjusted to the "Market Rental Value" (as defined below) of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable Premises as follows: (1) Four (4) months prior to the Market Rental Value (MRV) Adjustment Date described above, Lessor and Lessee shall meet to establish an agreed upon new MRV for the specified term. If agreement cannot be reached, then: (i) Lessor and Lessee shall immediately appoint a mutually acceptable appraiser or broker to establish the new MRV within the next 30 days. Any associated costs will be split equally between the parties, or (ii) Both Lessor and Lessee shall each immediately select and pay the appraiser or broker of their choice to establish a MRV within the next 30 days. If for any reason, either one of the appraisals is not completed within the next 30 days, as stipulated, then the appraisal that is completed at that time shall automatically become the new MRV. If both appraisals are completed and the two appraisers/brokers cannot agree on a reasonable average MRV then they shall immediately select a third mutually acceptable appraiser/broker to establish a third MRV within the next 30 days. The Extension average of the two appraisals closest in value shall then become the new MRV. The costs of the third appraisal will be split equally between the parties. (2) In any event the new MRV shall not be less than the rent payable for the month immediately preceding the date for rent adjustment. (b) As used herein, the "Market Rental Value" or "MRV" for the Premises during the Option term shall be upon mean the same material annual amount per rentable square foot being charged as of the first day of the Option term for unencumbered, non-sublease, non-equity space comparable to the Premises and located in comparable industrial buildings in the vicinity of the Building, giving appropriate consideration to all economic terms, such as annual rental rates per rentable square foot, abatement provisions reflecting free rent, if any, length of the lease term, size and location of premises being leased and other generally acceptable terms and conditions contained and concessions for the tenancy of the space in this Lease, question except that (i) no concessions shall be provided for tenant improvements or allowances provided to such tenants since Lessor shall have no obligation to construct or pay for any improvements for or in the initial Monthly Base Rent Premises for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below term, and (ii) Tenant no consideration shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord the fact that any rental abatement is or is not given such tenants in writing no less than eight (8) months prior to (i) connection with the expiration construction of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space improvements in such comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termspace.

Option to Extend. Provided The Tenant herein is granted the right to extend the Term hereof for one (1) five-year term (the "Extended Term"), provided, however, that at the time Tenant shall meet all of exercise and at all times the following conditions: (a) Tenant shall have given written notice (the "Option Notice") to Landlord of its intent to so extend prior to six (6) months before the commencement termination of the subject then current term. (b) Any extension of the Term shall be under the same terms and conditions as the Original Term or as specifically outlined as pertinent to any Extended Term, . (c) The Tenant herein shall not be in default under this Lease (or otherwise failed to have timely performed all beyond any applicable grace period therefor) of Tenant’s obligations under any of the terms or conditions of this Lease, either at the time stipulated for notice of intent to extend or at the commencement of the Extended Term. (d) Tenant shall not have made more than one Late Payment of Rent or Additional Rent in the twelve (12) month period during the Term immediately preceding the exercise of this Lease shall be subject Tenant's option to extend or more than two Late Payments of Rent or Additional Rent in the twenty-four (224) extension options for an additional month period during the Term immediately preceding the exercise of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”)Tenant's option to extend. The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Each Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon all the same material terms terms, conditions and conditions contained in provisions of this Lease, except that (i) the initial Monthly Base Annual Fixed Rent for during the Premises Extended Term shall be equal to 95% of the fair market rental value (the "Fair Market Rent (as defined in Section 2.2(d)(2Rental Value") below) for of the Premises as of the first month commencement of such Extended Term, taking into consideration the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept then prevailing market rate for office space comparable to the Premises in an “as is” condition without any obligation terms of Landlord to repaintsize of space, remodellocation of the Building, repairfinish, improve or alter the Premises (subject, however, to building quality and otherwise on the terms of Section 8.1 and conditions of this Lease). (2) Tenant’s election , and the Tenant shall have no option to exercise an Extension Option must be given to extend the Term for any further Extended Term beyond the one provided for by this Section 12.11. Landlord in writing no less than eight (8) months prior to (i) the expiration shall notify Tenant of its estimate of the initial prevailing fair market rent within thirty (30) business days after the Tenant exercises the Renewal Term option. Tenant shall have the option, within twenty (as 20) business days of the Landlord's notice, to accept the Landlord's estimate, to reject Landlord's estimate and request arbitration or to withdraw its exercise of the extension option. Failure by the Tenant to respond to the first Extension Option), or Landlord's notice within the twenty (ii20) the expiration business day period shall be deemed an acceptance of the First Extended Term Landlord's estimate. In the event Tenant rejects Landlord's estimate, then the prevailing fair market rent shall be arbitrated in accordance with the following procedure. The parties within ten (10) days after the Tenant's rejection of Landlord's estimate shall each identify an impartial third party to serve as an arbitrator and these two arbitrators shall seek to identify one mutually acceptable impartial third party to serve as the third arbitrator. If either party has not designated its arbitrator to the second Extension Optionother in a timely fashion, then the determination of the other party's arbitrator shall be final. All such arbitrators shall be commercial real estate brokers, having current and at least fifteen (15) years' prior experience in appraising first class office space in the Mansfield area. If the two arbitrators are unable to agree upon a third arbitrator within ten (10) days, the “Extension Notice”)third arbitrator shall be selected by by the American Arbitration Association ("AAA") or any successor entity. If neither AAA or any successor exists at the time of the dispute, the third arbitrator shall be selected by the largest private provider of dispute resolution services then doing business in the Greater Boston area. Within thirty (30) days of Landlord’s receipt after the parties notified as to the identity of the Extension Noticethird arbitrator, Landlord each of the three arbitrators shall send Tenant written notice of Landlord’s submit its final determination of the Fair Market Rent for the Premises prevailing market rate (the “Fair Market "Final Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality Determination") to the Premises under a primary lease (other arbitrators. The two Final Rent Determinations which are closest to each other shall be averaged and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable this average shall be designated as the prevailing market rate. If the highest and taking into consideration such amenities as existing improvements, view, floor on which the Premises lowest Final Rent Determinations are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything equally close to the contrary contained middle Final Rent Determination then the middle one shall be designated as the prevailing market rate. If one of the arbitrators has not submitted its Final Rent Determination to the other arbitrators within the time limits set forth herein, the subject Extension Option other arbitrators will designate the average of their Final Rent Determinations as the prevailing market rent. The arbitrators shall automatically terminate notify the parties of their decision in writing within such thirty (30) day period. All costs incurred for the services of the arbitrator shall be borne equally by the parties. The prevailing market rate as designated by the arbitrator shall be final and be of binding and the parties shall have no further force or effectrecourse to such determination. Promptly after rent is determined for the Renewal Term, whether or not Landlord and Tenant has timely exercised such Extension Option, if shall enter into an uncured Default exists at amendment of this Lease confirming the time of exercise of such Extension Option or at the time of commencement extension of the subject Extended TermTerm and the new rate for rent.

Option to Extend. (a) Provided that that, at the time of each such exercise, (i) this Lease is in full force and effect, and (ii) no Event of Default shall have occurred and be continuing (either at the time of exercise or at the commencement of an Extended Term), and (iii) Tenant shall be in occupancy of the entire Premises for the conduct of its business and shall not have assigned this Lease or sublet the Premises, except to a Permitted Transferee (any of which conditions described in clauses (i), (ii), and (iii) may be waived by Landlord at all times any time in Landlord’s sole discretion), Tenant shall have the right and option to extend the Term of this Lease for two (2) extended terms (each an “Extended Term”) of five (5) years each by giving written notice to Landlord not later than nine (9) months and not sooner than twelve (12) months prior to the commencement expiration date of the subject Term then in effect. The effective giving of such notice of extension by Tenant shall automatically extend the Term of this Lease for the applicable Extended Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails timely to give such notice to Landlord, this Lease shall automatically terminate at the end of the current Term, and Tenant shall have no further option to extend the Term of this Lease. Each Extended Term shall commence on the day immediately succeeding the expiration date of the then current Term and shall end on the day immediately preceding the fifth (5th) anniversary of the first day of such Extended Term. The Extended Term shall be on all the terms and conditions of this Lease, except: (w) during the second Extended Term, Tenant shall have no further option to extend the Term, (x) the Basic Rent for the Extended Term shall be the Fair Market Rental Value of the Premises as of the commencement of the Extended Term in question, taking into account all relevant factors, determined pursuant to Section 2.4(b) below, (y) Landlord shall not be in default required to furnish any materials or perform any work to prepare the Premises for Tenant’s occupancy during the Extended Term and Landlord shall not be required to provide any work allowance or reimburse Tenant for any alterations made or to be made by Tenant, or to grant Tenant any rent concession, and (z) the Base Operating Expenses and the Base Taxes under this Lease or otherwise failed to have timely performed all for the Extended Term will be the Operating Expenses and Taxes, respectively, for the Operating Year and Tax Year in which the commencement of the Extended Term occurs. (b) Promptly after receiving Tenant’s obligations under this Lease, notice extending the Term of this Lease pursuant to Section 2.4(a) above, Landlord shall be subject to two (2) extension options for an additional period provide Tenant with Landlord’s good faith estimate of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent Rental Value (as defined in Section 2.2(d)(22.4(c) below) of the Premises for the Premises as Extended Term. If Tenant is unwilling to accept Landlord’s estimate of the first month of the subject Extension Option determined in the manner Fair Market Rental Value as set forth in Section 2.2(d)(3) below and (ii) Tenant Landlord’s notice referred to above, then the parties shall accept the Premises negotiate in an “as is” condition without any obligation of Landlord good faith to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within reach agreement thereon within thirty (30) days after the delivery of such notice by Landlord’s receipt . If the parties are unable to reach agreement thereon within thirty (30) days after the delivery of such notice by Landlord, then either party may submit the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rental Value of the Premises to arbitration by giving notice to the other party naming the initiating party’s arbitrator within ten (10) days after the expiration of such thirty (30)-day period. Within fifteen (15) days after receiving a notice of initiation of arbitration, the responding party shall appoint its own arbitrator by notifying the initiating party of the responding party’s arbitrator. If the second arbitrator shall not have been so appointed within such fifteen (15) day period, the Fair Market Rental Value of the Premises shall be determined by the initiating party’s arbitrator. If the second arbitrator shall have been so appointed, the two arbitrators thus appointed shall, within fifteen (15) days after the responding party’s notice of appointment of the second arbitrator, appoint a third arbitrator. If the two initial arbitrators are unable timely to agree on the third arbitrator, then either may, on behalf of both, request such appointment by the closest office of the American Arbitration Association. The Fair Market Rental Value of the Premises for the Extended Term shall be determined by the method commonly known as Baseball Arbitration, whereby Landlord’s selected arbitrator and Tenant’s selected arbitrator shall each set forth its respective determination of the Fair Market Rental Value of the Premises, and the third arbitrator must select one or the other (it being understood that the third arbitrator shall be expressly prohibited from selecting a compromise figure). Landlord’s selected arbitrator and Tenant’s selected arbitrator shall deliver their determinations of the Fair Market Rental Value of the Premises to the third arbitrator within five (5) Business Days of the appointment of the third arbitrator and the third arbitrator shall render his or her decision within ten (10) days after receipt of both of the other two determinations of the Fair Market Rental Value of the Premises. The third arbitrator’s decision shall be binding on both Landlord and Tenant. All arbitrators shall be commercial real estate brokers who are independent from the parties and who have had at least ten (10) years experience leasing comparable buildings in the Annapolis area. Each party shall pay the fees of its own arbitrator, and the fees of the third arbitrator shall be shared equally by the parties. If as of the commencement of the Extended Term the amount of the Basic Rent for the Extended Term has not been determined, Tenant shall pay the amount determined by Landlord for the Premises and when the determination has actually been made, an appropriate retroactive adjustment shall be made as of the commencement of the Extended Term if necessary. In the event that such determination shall result in an overpayment by Tenant of any Basic Rent, such overpayment shall be paid by Landlord to Tenant promptly after such determination has been made, and if such determination shall result in an underpayment by Tenant of any Basic Rent, Tenant shall pay any such amounts to Landlord promptly following such determination. (the “Fair Market Rent Notice”). For purposes of c) As used in this SectionLease, the term “Fair Market RentRental Value” shall mean the base rental ratefixed rents that landlords of comparable buildings in the Annapolis area have agreed to accept, periodic rental rate and sophisticated nonaffiliated tenants of comparable buildings have agreed to pay, in current arms-length, transactions for comparable space (in terms of condition, improvements, floor location, view and floor height) of a comparable size for uses comparable to the Permitted Use, for a term equal to the applicable Extended Term and taking into account all other relevant factors, including without limitation, adjustment for the existence, timing and amount of any increases in rent following the term commencement in the comparison transactions; provided, however, that (i) the presence, amount or absence of brokerage commissions in either the subject transaction or the comparison transactions shall be considered, (ii) any rent abatement or other charges free rent of any type provided in comparison transactions for the period of the performance of any tenant improvement work (i.e., any “construction period”) shall be disregarded, and increases(iii) any tenant improvements or allowance provided for in comparable transactions shall be taken into account, and the value, if any, for space comparable to Tenant of any existing improvements in size, location and quality to the Premises under shall be taken into account in the calculation of the Fair Market Rental Value. If in determining the Fair Market Rental Value for a primary lease subject transaction hereunder, it is determined that free rent or cash allowances (and not subleasecollectively, “Concessions”) should be granted, Landlord may, at Landlord’s sole option, elect all or any portion of the following: (A) to new grant some or renewing tenants, for a comparable term with a tenant all of the Concessions to Tenant as free rent or as an improvement allowance, if applicable and taking or (B) to adjust the Fair Market Rental Value to take into consideration such amenities as existing improvements, view, floor on which and deduct the Premises are situated and amortized amount of the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise total dollar value of such Extension Option or at Concessions, amortized on a straight line basis over the time of commencement of Extended Term (in which case the subject Extended TermConcessions so amortized shall not be granted to Tenant).

Option to Extend. (a) Provided that that, at the time of such exercise, (i) this Lease is in full force and effect, and (ii) no Event of Default shall have occurred and be continuing (either at the time of exercise and or at all times prior to the commencement of the subject Extended Term), Tenant shall have the right and option to extend the Lease Term for one (1) extended term (the “Extended Term”) of five (5) years by giving written notice to Landlord not later than twelve (12) months prior to the expiration date of the original ▇▇▇▇▇ ▇▇▇▇. The effective giving of such notice of extension by Tenant shall automatically extend the Term of this Lease for the Extended Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails timely to give such notice to Landlord, this Lease shall automatically terminate at the end of the Lease Term then in effect, and Tenant shall have no further option to extend the Lease Term. The Extended Term shall commence on the day immediately succeeding the expiration date of the original Lease Term and shall end on the day immediately preceding the fifth (5th) anniversary of the first day of such Extended Term. The Extended Term shall be on all the terms and conditions of this Lease, except: (i) during the Extended Term, Tenant shall not be in default under this Lease or otherwise failed have no further option to have timely performed all of Tenant’s obligations under this Lease, extend the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”Term, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (iii) the initial Monthly Base Rent for the Premises Extended Term shall be equal to the Fair Market Rent Rental Value of the Premises (as defined in Section 2.2(d)(2) belowhereinafter defined) for the Premises as Extended Term, taking into account all relevant factors, determined pursuant to Section 1(b) below. For purposes of this Section 1, the “Fair Market Rental Value of the first month of Premises” shall mean the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below fixed annual rent that a willing tenant would pay and (ii) Tenant shall a willing landlord would accept for the Premises in an “as is” condition without any obligation of Landlord to repaintduring the Extended Term, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)taking into account all then relevant factors. (2b) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days after receiving Tenant’s notice extending the Lease Term of this Lease pursuant to Section 1(a) above, Landlord shall provide Tenant with Landlord’s good faith estimate of the Fair Market Rental Value of the Premises for the upcoming Extended Term based upon rents being paid by tenants entering into leases for comparable space, for a comparable term and in comparable buildings in the Route 495 west suburban market and taking into account all then relevant factors. If Tenant disagrees with ▇▇▇▇▇▇▇▇’s estimate of the Fair Market Rental Value as set forth in Landlord’s notice referred to above, Tenant shall notify Landlord within thirty (30) days after its receipt of Landlord’s receipt notice setting forth Tenant’s estimate of the Extension Notice, Fair Market Rental Value of the Premises and the parties agree in good faith to attempt to reach agreement on the Fair Market Rental Value of the Premises for the Extended Term. If Tenant fails to notify Landlord shall send that Tenant written notice of disagrees with ▇▇▇▇▇▇▇▇’s estimate and setting forth Tenant’s Fair Market Rental Value estimate within such thirty (30) day period then Tenant will be deemed to have accepted Landlord’s estimate of the Fair Market Rental Value for the Premises during the Extended Term. If the parties are unable to reach agreement thereon within thirty (30) days after the delivery of such notice by ▇▇▇▇▇▇, then either party may submit the determination of the Fair Market Rental Value of the Premises to arbitration by giving notice to the other party naming the initiating party’s arbitrator within ten (10) business days after the expiration of such thirty (30) day period. Within twenty (20) days after receiving a notice of initiation of arbitration, the responding party shall appoint its own arbitrator by notifying the initiating party of the responding party’s arbitrator. If the second arbitrator shall not have been so appointed within such twenty (20) day period, the initiating party shall deliver written notice of such failure to the responding party and the responding party shall have a period of ten (10) business days after receipt of such notice to appoint its arbitrator and deliver written notice thereof to the initiating party. If the responding party fails to notify the initiating party of its designated arbitrator within the foregoing additional ten (10) business day period, then the second arbitrator shall be chosen in the same manner as described below with respect to the selection of the third arbitrator. Upon the selection (or appointment, as the case may be) of the second arbitrator, the two arbitrators thus appointed shall, within fifteen (15) days after the responding party’s notice of appointment of the second arbitrator, appoint a third arbitrator. If the two initial arbitrators are unable timely to agree on the third arbitrator, then either may, on behalf of both, request such appointment by the Boston office of American Arbitration Association, or its successor, or, on its failure, refusal or inability to act, by a court of competent jurisdiction. The Fair Market Rental Value of the Premises for the Extended Term shall be determined by the method commonly known as “baseball arbitration”, whereby Landlord’s selected arbitrator and Tenant’s selected arbitrator shall each set forth its respective determination of the Fair Market Rental Value of the Premises, and the third arbitrator must select one or the other (it being understood that the third arbitrator shall be expressly prohibited from selecting a compromise figure). ▇▇▇▇▇▇▇▇’s selected arbitrator and ▇▇▇▇▇▇’s selected arbitrator shall deliver their determinations of the Fair Market Rental Value of the Premises to the third arbitrator within five (5) business days of the appointment of the third arbitrator and the third arbitrator shall render his or her decision within ten (10) days after receipt of both of the other two determinations of the Fair Market Rental Value of the Premises. The third arbitrator’s decision shall be binding on both Landlord and Tenant. All arbitrators shall be commercial real estate brokers who have had at least ten (10) years experience in commercial leasing transactions in the Route 495 south suburban market and, in the case of the third arbitrator, shall not have acted in any capacity for either Landlord or Tenant within five (5) years of his or her selection. Each party shall pay the fees of its own arbitrator, and the fees of the third arbitrator shall be shared equally by the parties. In the event Tenant initiates the aforesaid arbitration process and as of the Commencement Date of the Extended Term the amount of the Base Rent for the Premises (Extended Term has not been determined, Tenant shall pay the “Fair Market Rent Notice”). For purposes of this Sectionamount determined by Landlord therefor and when the determination has actually been made, the term “Fair Market Rent” an appropriate retroactive adjustment shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities be made as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Commencement Date of the Extended TermTerm if necessary.

Option to Extend. Provided that at the time of exercise and at all times prior Tenant is not in default pursuant to the commencement terms and conditions of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Leaselease, the Term of this Lease shall be subject Tenant is hereby given the right and privilege to extend the within lease, for two (2) successive extension options periods the first (1/st/) extension term for an additional period of 60 months each three (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), 3) years and the second Extension Option shall (2/nd/) extension term for five (5) years, to commence as at the end of the expiration initial term of this lease and the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”first extension term, and individually with the First Extended Termas applicable, an “Extended Term”). The Extension Options which extensions shall be exercisable upon the same terms and conditions as in this lease contained, except as follows: (1) The Extension Option During the first (1/st/) three (3) year extension period, Tenant shall be upon pay Fixed Rent in the amount of THREE HUNDRED TWENTY SIX THOUSAND ONE HUNDRED THIRTY AND 00/100 ($326,130.00) DOLLARS per annum payable in equal installments of TWENTY SEVEN THOUSAND ONE HUNDRED SEVENTY SEVEN AND 50/100 ($27,177.50) DOLLARS per month in the same material terms and conditions contained manner as hereinabove provided in this LeaseArticle 3. (1) During the second (2/nd/) five (5) year extension period, except that (i) the initial Monthly Base Tenant shall pay Fixed Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the amount of THREE HUNDRED SIXTY FIVE THOUSAND FOUR HUNDRED AND 00/100 ($365,400.00) DOLLARS per annum payable in equal installments of THIRTY THOUSAND FOUR HUNDRED FIFTY AND 00/100 ($30,450.00) DOLLARS per month in the same manner set forth as hereinabove provided in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)Article 3. (2) Tenant’s election The right, option, and privilege of the Tenant to exercise an Extension Option must extend this lease as hereinabove set forth is expressly conditioned upon the Tenant delivering to the Landlord, in writing, by certified mail, return receipt requested, twelve (12) months' prior notice of its intention to extend, which notice shall be given to the Landlord in writing by the Tenant no less later than eight twelve (8) 12) months prior to (i) the expiration date fixed for termination of the initial Term original term of this lease or the first extension term, as the case may be. (3) The obligation to pay the Fixed Rent as hereinabove provided shall be in addition to the first Extension Option), or (ii) the expiration of the First Extended Term (as obligation to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market pay all Additional Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges required by the terms and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be conditions of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termthis lease.

Option to Extend. (a) Provided that that, at the time of each such exercise, (i) this Lease is in full force and effect, (ii) no Default of Tenant shall have occurred and be continuing (either at the time of exercise or at the commencement of an Extended Term), and (iii) Tenant shall not have assigned this Lease or vacated or sublet more than 20,000 rentable square feet in the Premises, other than in connection with a transfer for which Landlord's consent is not required under Article VI (any of which conditions described in clauses (i), (ii), and (iii) may be waived by Landlord at all times any time in Landlord's sole discretion), Tenant shall have the right and option to extend the Term of this Lease with respect to either the entire Premises, or only the portion of the Premises on the second floor, or only the portion of the Premises on the third floor, for two extended terms (each an "Extended Term") of five (5) years each by giving written notice to Landlord not later than twelve (12) months prior to the commencement expiration date of the subject then current Term. The effective giving of such notice of extension by Tenant shall automatically extend the Term of this Lease for the applicable Extended Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails timely to give such notice to Landlord, or if Tenant shall elect to extend the Term solely with respect to the second floor space or the third floor space, then this Lease shall automatically terminate with respect to the remainder of the Premises at the end of the Initial Term, or the first Extended Term, as applicable, and Tenant shall have no further option to extend the Term of this Lease with respect to such portion of the Premises. Each Extended Term shall commence on the day immediately succeeding the expiration date of the Initial Term, or the expiration of the first Extended Term, as applicable, and shall end on the day immediately preceding the fifth (5th) anniversary of the first day of the Extended Term. The Extended Terms shall be on all the terms and conditions of this Lease, except: (i) during the second Extended Term, Tenant shall not have no further option to extend the Term, (ii) the Basic Rent for each Extended Term shall be ninety-five percent (95%) of the Fair Market Rental Value of the Premises as of the commencement of the Extended Term, taking into account all relevant factors, determined pursuant to paragraph (b) below; and (iii) if Tenant shall elect in default under this Lease such notice of extension to extend the Term for only the second floor space or otherwise failed the third floor space, the Premises thereafter shall solely refer to have timely performed all of such space. (b) Promptly after receiving Tenant’s obligations under this Lease, 's notice extending the Term of this Lease pursuant to paragraph (a) above, but in no event sooner than eleven months prior to the end of the then current Term, Landlord shall provide Tenant with Landlord's good faith estimate of the Fair Market Rental Value of the Premises for the upcoming Extended Term based upon rents being paid by tenants entering into leases for first-class office similar in size, build-out, amenities and term in the Medford/Charlestown area. If Tenant is unwilling to accept Landlord's estimate of the Fair Market Rental Value as set forth in Landlord's notice referred to above, and the parties are unable to reach agreement thereon within thirty (30) days after the delivery of such notice by Landlord, then either party may submit the determination of the Fair Market Rental Value of the Premises to arbitration by giving notice to the other party naming the initiating party's arbitrator within ten (10) days after the expiration of such thirty (30) day period. Within fifteen (15) days after receiving a notice of initiation of arbitration, the responding party shall appoint its own arbitrator by notifying the initiating party of the responding party's arbitrator. If the second arbitrator shall not have been so appointed within such fifteen (15) day period, the Fair Market Rental Value of the Premises shall be subject determined by the initiating party's arbitrator. If the second arbitrator shall have been so appointed, then the two arbitrators thus appointed shall make their own determination of Fair Market Rental Value and shall meet and confer in an effort to reconcile their respective determinations. If, within thirty (30) days after the appointment of the second arbitrator, the two arbitrators have not reached agreement, and if the difference between the two (2) extension options for an additional period determinations is less than ten percent (10%), then the average of 60 months each (individuallythe two determinations shall be the Fair Market Rental Value. If, however, the “Extension Option”difference between the two (2) determinations is ten percent (10%) or more, and collectivelythen the two arbitrators shall, the “Extension Options”). The first Extension Option shall commence as of within ten (10) days after the expiration of such thirty (30) day period, appoint a third arbitrator; in the Initial Term and expire event the two initial arbitrators are unable timely to agree on the date that is 60 full calendar months thereafter (third arbitrator, then either may, on behalf of both, request such appointment by the “First Extended Term”)American Arbitration Association, and or its successor, or, on its failure, refusal or inability to act, by a court of competent jurisdiction. In such event, the second Extension Option third arbitrator shall commence as conduct its own independent investigation of the expiration applicable Fair Market Rental Value within fifteen (15) days of his/her appointment; neither Landlord's arbitrator nor Tenant's arbitrator shall notify the third arbitrator of its determination. After the third arbitrator has completed its determination, the third arbitrator shall notify Landlord and Tenant of the First Extended Term and expire date on the which said arbitrator will discloses its determination, which date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: at least five (15) The Extension Option days after the giving of such notice. Such disclosure shall take place in Landlord's office unless otherwise mutually agreed by the parties. In such case, the Fair Market Rental Value shall be upon the same material terms and conditions contained in this Leaserent proposed by either Landlord's arbitrator or Tenant's arbitrator, except that (i) whichever value is closer to the initial Monthly Base Rent for determination of the Premises third arbitrator; if the two are equidistant from the third arbitrator, the Fair Market Rental Value shall be equal to the Fair Market Rent third arbitrator's determination. All arbitrators shall be appraisers or other qualified real estate professionals who are independent from the parties who have had at least ten (as defined 10) years commercial real estate experience in Section 2.2(d)(2) below) for the Premises as greater Boston area. Each party shall pay the fees of its own arbitrator, and the fees of the first month of third arbitrator shall be shared equally by the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)parties. (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided (a) Landlord hereby grants Tenant a single option to further extend the Term of the Lease for an additional period of four (4) years (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise and of such right: (i) Tenant must be in occupancy of at all times prior to the commencement least fifty percent (50%) of the subject Premises; and (ii) there has been no material adverse change in Tenant's financial position from such position as of the date of execution of this Amendment, as certified by Tenant's independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall be delivered to Landlord with Tenant's written notice exercising its right hereunder. (b) Tenant's election (the "Election Notice") to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is eighteen (18) months before the Expiration Date of the Extended Term and no later than the date which is twelve (12) months before the Expiration Date of the Extended Term. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, Tenant shall not be in default under this Lease or otherwise failed then the Option to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease Extend shall be subject to two null and void. (2c) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option Term shall commence as of immediately after the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as . Tenant's leasing of the expiration of Premises during the First Extended Option Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon and subject to the same material terms and conditions contained in this Lease, the Lease except that that: (i) the initial Monthly Base Rent for the Premises shall be amended to an amount to equal to the Fair Market Rent (as "Option Term Rent", defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option and determined in the manner set forth in Section 2.2(d)(3) below the immediately following Subsection (and otherwise, Tenant shall continue to pay Tenant's proportionate share of "operating expenses" and other charges pursuant to the Lease and Tenant shall continue to pay directly the utility or service provider for all utilities or services which Tenant is to obtain directly pursuant to other provisions of the Lease, collectively, "Triple Net Payables"); (ii) the Security Deposit shall be increased, if applicable, to equal one hundred percent (100%) of the highest monthly installment of the Option Term Rent (the increase, if any, shall be payable upon the commencement date of the Option Term), but in no event shall the Security Deposit be decreased; (iii) Tenant shall accept the Premises in an “as is” its "AS-IS" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (subjectiv) there shall be no further option or right to extend the term of the Lease. If Tenant timely and properly exercises the Option To Extend, however, references in the Lease to the terms of Section 8.1 of this Lease)Term shall be deemed to mean the Term as extended by the Option Term unless the context clearly requires otherwise. (2d) Tenant’s election to exercise an Extension The Option must be given to Landlord in writing no less than eight (8) months prior to Term Rent shall mean the greater of (i) the expiration Monthly Base Rent payable by Tenant under this Lease calculated at the rate applicable for the last full month of the initial Extended Term (as to the first Extension Option), "Preceding Rent") or (ii) the expiration "Prevailing Market Rent" (defined below). During the Option Term, Tenant shall continue to pay Triple Net Payables (as defined in the preceding Subsection), and such Triple Net Payables shall be taken into account in determining, but shall be additional to and not included in, the Preceding Rent or Prevailing Rent, as such terms are used herein. As used herein, "Prevailing Market Rent" shall mean the base rent and all other monetary payments and escalations, including consumer price increases, payable by a tenant, excluding Triple Net Payables (provided however, Prevailing Market Rent shall be determined taking into account an obligation to pay such Triple Net Payables, so, for example, any comparable transaction with so-called gross rent shall be adjusted to be equivalent to the base rent and payments which would be payable if such tenant was obligated to pay Triple Net Payables as Tenant does), that Landlord could obtain from a third party desiring to lease the Premises on an AS IS basis (without further improvements, but otherwise in surrender condition in accordance with the Lease) for a term equal to the Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking into account the following by comparison between the Premises and the other space or between the proposed transactions: the size, location and floor levels; the type and quality of tenant improvements; the age and location of the First Extended Term project; quality of construction of the project; services to be provided by Landlord or by tenant; the rent, all other monetary payments and escalations obtainable for new leases of space comparable to the Premises in Phase II of Seaport Center and in comparable buildings in the mid-Peninsula area, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall include an adjustment for so-called free rent, if any, applicable after substantial completion of any tenant improvements, but shall not be reduced or adjusted for "Tenant Concessions" (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the second Extension Option) (preceding sentence, the “Extension Notice”)term "Tenant Concessions" shall include, without limitation, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the foregoing criteria shall be made by Landlord, in the good faith exercise of Landlord's business judgment. Within thirty (30) days of Landlord’s receipt after Tenant's exercise of the Extension NoticeOption To Extend, Landlord shall send notify Tenant of Landlord's determination of Option Term Rent for the Premises. If Landlord's determination of Prevailing Market Rent is greater than the Preceding Rent, and if Tenant, in Tenant's sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the exercise of the option by giving written notice thereof to Landlord within ninety (90) days after notice of Landlord’s 's determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Prevailing Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided Tenant shall have an option to extend this Lease for an additional term (hereinafter referred to as “Extended Term”) commencing immediately upon the expiration of the initial term hereof and continuing for a period of five (5) years, provided that Tenant proceeds strictly in accordance with the provisions of this Section L. During November of 2007, Tenant shall advise Landlord in writing that Tenant wishes to extend the term of this Lease (hereinafter referred to as “Tenant’s Extension Notice”). If at the time Landlord receives Tenant’s Extension Notice this Lease is in full force and effect without default on the part of exercise and at all times prior the Tenant beyond any applicable cure period, then, during the next thirty (30) days, Landlord shall notify Tenant in writing of the Rent pursuant to Section IV of the Lease which shall be due for the Extended Term. The Rent specified by Landlord shall be that which the Landlord projects will be the fair market rent as of the commencement of the subject Extended Term, but in no event less than Twenty-Six and 27/100 Dollars ($26.27) per square foot of Net Rentable Area in the Premises, and which shall be determined on the agreement that there shall be no change in the Tax Base or the Operating Cost Base. Within three (3) weeks after Landlord has given Tenant notice of the Rent pursuant to Section IV of this Lease for the Extended Term, Tenant shall notify Landlord whether or not be it agrees to pay such Rent. If Tenant shall agree in default under writing to pay such Rent, then this Lease or otherwise failed to have timely performed all shall be extended for the Extended Term without the execution of Tenant’s obligations under this Leaseany additional documents, the Term and each and every term and condition of this Lease shall apply during the Extended Term except only that the Rent specified in Section IV of this Lease during the Extended Term shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, that agreed upon by Landlord and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”)Tenant, and the second Extension Option phrase “term of this Lease” shall commence as of be construed to mean the expiration of the First Extended Term of this Lease. If Tenant shall not agree in writing to pay such Rent, this Lease shall terminate as provided in Section III of this Lease and expire Tenant shall vacate the Premises on the or before such date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually in accordance with the First provisions of this Lease. If Tenant shall fail to give Landlord written notice in November of 2007 as hereinbefore specified, Tenant shall have no right to extend this Lease for the Extended Term, an “Extended Term”). The Extension Options and this Lease shall be exercisable terminate as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined provided in Section 2.2(d)(2) below) for III of this Lease and Tenant shall vacate the Premises as of the first month of the subject Extension Option determined in the manner set forth provided in Section 2.2(d)(3) below III and (ii) Tenant shall accept in accordance with the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 other provisions of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Term.

Option to Extend. Provided that at (a) Tenant shall have an option to extend the time Lease Term ("Option to Extend") for one (1) additional term consisting of five (5) years (the "Option Term"). In order to exercise and at all times prior such Option to the commencement of the subject Extended TermExtend, Tenant shall notify Landlord in writing at least one hundred eighty (180), but not be in default under this Lease or otherwise failed more than three hundred sixty (360), days prior to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as respective lease term of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in this Lease, except that (i) the initial Monthly Base Rent for the Premises shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s its election to exercise an Extension the Option must be given to Extend, upon which time Landlord shall submit in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within within thirty (30) days of Landlord’s thereafter a proposal for the then current Market Base Rental Rate (per rentable square foot per annum) for the Option Term. Tenant shall have thirty (30) days from the receipt of said notice to (i) accept the Extension Noticeproposed Market Base Rental Rate in writing to Landlord, Landlord shall send (ii) to reject the Market Base Rental Rate and elect the appraisal process set forth below, or (iii) elect not to extend. If Tenant written fails to timely respond to Landlord's notice of Landlord’s determination Market Base Rental Rate, Tenant will be deemed to have elected the appraisal process as described in clause (ii) above. If Tenant elects not to extend pursuant to clause (iii) above or fails to timely exercise its Option to Extend, time being of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Sectionessence, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality Option to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option Extend shall automatically terminate and be of no further force and effect and this Lease shall terminate upon expiration of the then Lease Term. Any such extension shall be upon all of the terms, conditions and covenants of this Lease except as to (A) the amount of Base Rent, which shall be determined as set forth herein, (B) options to extend, options to expand, and rights of refusal, which shall not be applicable, and (C) Tenant allowances or effectother concessions which shall not be applicable to the extension term. As used herein, whether or not Tenant has timely exercised "Market Base Rental Rate" shall mean the then Base Rental Rate for comparable first class multi-tenant office buildings of comparable size, location and age in Interlocken Business Park in Broomfield, Colorado, at such Extension Optiontime, taking into account the following factors: (i) rent per rentable square foot; (ii) operating expenses and real estate tax payments; (iii) current rental escalators; and (iv) rental concessions, if an uncured Default exists at the time any, as applicable to market renewals of exercise of such Extension Option or at the time of commencement of the subject Extended Termleases.

Option to Extend. Provided (a) Lessor hereby grants to Lessee one (1) option, at Lessee’s election, to extend the term of this Lease, for one period of thirty-six (36) calendar months immediately following the expiration of the initial term of this Lease. Lessee may exercise the foregoing option to extend by giving written notice of exercise to Lessor at least five (5) months, but not more than twelve (12) months, prior to the expiration of the initial term of this Lease (“the option exercise period”), time being of the essence; provided that if Lessee is currently in a state of uncured default after the expiration of notice and cure periods, if applicable (referred to herein as “in default”) under this Lease at the time of exercise and at all times prior to of the option or on the commencement date of the subject Extended Termoption extension period, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease such notice shall be subject to two (2) void and of no force or effect. Said option extension options for an additional period of 60 months each (individuallyperiod, the “Extension Option”if exercised, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire on the date that is 60 full calendar months thereafter (the “First Extended Term”), and the second Extension Option shall commence as of the expiration of the First Extended Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in with respect to the Premises as the initial term of this Lease, except that (i) the Monthly Rent for the Premises during the option period shall be determined as set forth in Paragraph 3(c) hereof, (ii) there shall be no additional option to extend, and (iii) Lessee shall accept the Premises in their then “as is” condition. If Lessee does not exercise the option in a timely manner, the option shall lapse, time being of the essence. (b) The option to extend granted to Lessee by this Paragraph 3 is granted for the personal benefit of Pac Bio, Inc. only, and shall be exercisable only by Pac Bio, Inc. or by a “permitted transferee” under Paragraph 18(f) below. Said option may not be assigned or transferred by Pac Bio, Inc. to any assignee or sublessee other than a permitted transferee. (c) The initial Monthly Base Rent for the Premises during the option extension period shall be determined pursuant to the provisions of this subparagraph (c) and, subject to subparagraph (e) below, shall equal ninety-five percent (95%) of the then current fair market rental for the Premises on the commencement date of the option extension period as determined by agreement between Lessor and Lessee reached prior to the expiration of the option exercise period, if possible, and by the process of appraisal if the parties cannot reach agreement. Upon the written request by Lessee to Lessor received by Lessor at any time during the 30 day period prior to the expiration of the option exercise period (e.g., between December 1, 2010 and December 31, 2010 if the expiration date of the term of this Lease is May 31, 2011) and prior to the exercise by Lessee of the option to extend, Lessor shall give Lessee written notice of Lessor’s good faith opinion of the amount equal to ninety-five percent (95%) of the fair market rental value of the Premises as of the commencement of the option extension period. Thereafter, upon the request of Lessee, Lessor and Lessee shall enter into good faith negotiations during the remainder of the thirty (30) days prior to the expiration of the option exercise period in an effort to reach agreement on ninety-five percent (95%) of the initial Monthly Rent for the Premises. If Lessor and Lessee are unable to agree upon the amount equal to ninety-five percent (95%) of the then current fair market rent for the Premises as of the commencement date of the option extension period, and thereafter, prior to the expiration of the option exercise period, Lessee exercises the option to extend, said amount shall be determined by appraisal. The appraisal shall be performed by one appraiser if the parties are able to agree upon one appraiser. If the parties are unable to agree upon one appraiser, each party shall appoint an appraiser and the two appraisers shall select a third appraiser. Each appraiser selected shall be a member of the American Institute of Real Estate Appraisers (AIREA) with at least five (5) years of full-time commercial real estate appraisal experience in the Menlo Park office/R&D/manufacturing rental market. If only one appraiser is selected, that appraiser shall notify the parties in simple letter form within fifteen (15) days following its selection of its determination of the amount equal to ninety-five percent (95%) of the fair market Monthly Rent for the Premises on the commencement date of the option extension period. Said appraisal shall be binding on the parties as the appraised current ninety-five percent (95%) of the “fair market rental” for the Premises which shall be based upon what a willing new lessee would pay and a willing lessor would accept at arm’s length for comparable premises in the vicinity of the Premises of similar age, size, quality of construction and specifications (excluding the value of any improvements to the Premises made at Lessee’s cost) for a lease similar to this Lease and taking into consideration that there will be no free rent, improvement allowance, or other concessions. If multiple appraisers are selected, each appraiser shall within ten (10) days of being selected make its determination of the amount equal to ninety-five percent (95%) of the current fair market Monthly Rent for the Premises as of the commencement date of the option extension period in simple letter form. If two (2) or more of the appraisers agree on said amount, such agreement shall be binding upon the parties. If multiple appraisers are selected and at least two (2) appraisers are unable to agree on said amount, the amount equal to ninety-five percent (95%) of the fair market Monthly Rent for the Premises shall be determined by taking the mean average of the appraisals; provided, that any high or low appraisal, differing from the middle appraisal by more than ten percent (10%) of the middle appraisal, shall be disregarded in calculating the average. Said initial Monthly Rent shall be adjusted annually on the anniversary of the commencement of the option term in the manner determined by the appraisers to be consistent with the then prevailing market practice for comparable space in the Menlo Park office/R&D/manufacturing rental market. If only one appraiser is selected, each party shall pay one-half of the fees and expenses of that appraiser. If three appraisers are selected, each party shall bear the fees and expenses of the appraiser it selects and one-half of the fees and expenses of the third appraiser. (d) Thereafter, provided that Lessee has previously given timely notice to Lessor of the exercise by Lessee of the option to extend the term of the Lease, Lessor and Lessee shall execute an amendment to this Lease stating that the initial Monthly Rent for the Premises during the option extension period shall be equal to ninety-five percent (95%) of the Fair Market current fair market Monthly Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month commencement date of the subject Extension Option option extension period as agreed upon by Lessor and Lessee, or if the parties did not agree, as determined in by the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease)foregoing appraisal process. (2e) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months prior to (i) the expiration of the initial Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) (the “Extension Notice”). Within thirty (30) days of Landlord’s receipt of the Extension Notice, Landlord shall send Tenant written notice of Landlord’s determination of the Fair Market Rent for the Premises (the “Fair Market Rent Notice”). For purposes of this Section, the term “Fair Market Rent” shall mean the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained hereinin this Lease, in no event shall the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists Monthly Rent at the time of exercise of such Extension Option or at the time of commencement of the subject Extended Termoption extension period be less than the Monthly Rent for the Premises in effect immediately prior to the commencement of the option extension period. (f) As used in this Lease “term” or “term of this Lease” shall include the initial term and the option extension period, if exercised.

Option to Extend. Provided that So long as the Tenant is Alliance Data L.P.. or a Permitted Transferee, and the Tenant is not then in default, after notice of default has been provided and time to remedy such default has passed, at the time notice date or commencement date of exercise the extension of any covenants, conditions and agreements herein reserved and contained and on the part of the Tenant to be paid and performed, the Landlord will, upon the Tenant’s request in writing, given at all times least 6 months and not more than 12 months prior to the commencement of the subject Extended Term, Tenant shall not be in default under this Lease or otherwise failed to have timely performed all of Tenant’s obligations under this Lease, the Term of this Lease shall be subject to two (2) extension options for an additional period of 60 months each (individually, the “Extension Option”, and collectively, the “Extension Options”). The first Extension Option shall commence as of the expiration of the Initial Term and expire original Term, grant to the Tenant an option to extend this Lease, on the date same terms and conditions, for a further 5 years save and except that is 60 full calendar there shall be no further rights to extend and save and except that Basic Rent during such extension period shall be mutually agree upon between the parties at least 4 months thereafter (prior to the “First Extended expiry of the original Term”), and . In the second Extension Option shall commence as of event that the parties are unable to agree on the Basic Rent payable by the Tenant during such extension at least 4 months prior to the expiration of the First Extended original Term and expire on the date that is 60 full calendar months thereafter (the “Second Extended Term”, and individually with the First Extended Term, an “Extended Term”). The Extension Options shall be exercisable as follows: (1) The Extension Option shall be upon the same material terms and conditions contained in of this Lease, except that (i) the initial Monthly Base Rent for the Premises then it shall be equal to the Fair Market Rent (as defined in Section 2.2(d)(2) below) for the Premises as of the first month of the subject Extension Option determined in the manner set forth in Section 2.2(d)(3) below and (ii) Tenant shall accept the Premises in an “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises (subject, however, to the terms of Section 8.1 of this Lease). (2) Tenant’s election to exercise an Extension Option must be given to Landlord in writing no less than eight (8) months at least 30 days prior to (i) the expiration of the initial original Term (as to the first Extension Option), or (ii) the expiration of the First Extended Term (as to the second Extension Option) by 3 accredited real estate brokers (the “Extension NoticeThree Experts”). Within thirty , which experts shall be familiar with rental rates for premises of similar use in the area of the Leased Premises, one of whom shall be appointed by the Landlord (30) days of the “Landlord’s receipt Expert”) and all costs associated with the Landlord’s Expert shall be the sole responsibility of the Extension NoticeLandlord, Landlord and one expert shall send be appointed by the Tenant written notice (the “Tenant’s Expert”) and all costs associated with the Tenant’s Expert shall be the sole responsibility of the Tenant. The appointment of the third expert (the “Third Expert”) shall be agreed upon by the Landlord’s Expert and the Tenant’s Expert, both acting reasonably, and 50% of costs attributable to the Third Expert shall be borne by the Landlord and the remaining 50% of costs attributable to the Third Expert shall be borne by the Tenant. Together the Three Experts, acting reasonably, shall make the final determination of the Fair Market Basic Rent for payable by the Premises (Tenant during such extension and, should the “Fair Market Rent Notice”). For purposes of this SectionThree Experts be unable to agree among themselves on the determination, the term “Fair Market Rent” opinion of the majority, being 2 of the Three Experts, shall mean be final and binding on the base rental rate, periodic rental rate adjustment and other charges and increases, if any, for space comparable in size, location and quality to the Premises under a primary lease (and not sublease) to new or renewing tenants, for a comparable term with a tenant improvement allowance, if applicable and taking into consideration such amenities as existing improvements, view, floor on which the Premises are situated Landlord and the like, situated in buildings in Emeryville, California. Notwithstanding anything to the contrary contained herein, the subject Extension Option shall automatically terminate and be of no further force or effect, whether or not Tenant has timely exercised such Extension Option, if an uncured Default exists at the time of exercise of such Extension Option or at the time of commencement of the subject Extended TermTenant.