43.1Option to Extend Lease Term.Tenant shall have the right to renew this Lease (“Option To Extend Lease”) for two (2) five (5) year periods (each an “Option To Extend Lease”) subject to the terms and conditions as set forth in this Section 43.
02/14/2020 (Ultragenyx Pharmaceutical Inc.)
43.2Exercise of Option To Extend Lease.Tenant shall exercise the Option To Extend Lease, if at all, by giving Landlord written notice of Tenant’s intention to do so at least six (6) months prior to the expiration of the original Term, time being of the essence herein.Notwithstanding the foregoing, Tenant shall not have the right to exercise the Option To Extend Lease if Tenant is in material default under this Lease at the time of the purported exercise of Option to Extend Lease.The Option To Extend Lease Term shall be upon all of the terms and conditions of this Lease, except thatthe monthly Base Rent for such Option To Extend Lease Term shall be determined in accordance with subsection (c)herein below.The extension of the Term shall be on an “AS IS” basis.Upon commencement of the Option To Extend Lease Term, all references herein to the “Lease Term” of this Lease shall be deemed to include the Option To Extend Lease Term.Unless expressly mentioned and approved in the written consent of Landlord provided for by Section 21 of this Lease, Tenant’s Option To Extend Lease right is granted for Tenant’s personal benefit and may not be assigned or transferred by Tenant.
02/14/2020 (Ultragenyx Pharmaceutical Inc.)
3.2 Option to Extend Lease Term.Landlord and Tenant acknowledge and agree that the Extended Term provided herein shall be deemed to represent the first of Tenant's two (2) options to extend the Lease Term as provided in Section2.6 of the Original Lease, and that effective as of the date of this Fifth Amendment, Tenant shall continue to have only one (1) option to extend the Lease Term for a period of five (5)years in accordance with, and pursuant to the terms of, Section2.6 of the Original Lease.
03/06/2018 (RIGEL PHARMACEUTICALS INC)
3.1 Option to Extend Lease Term. Landlord and Tenant acknowledge and agree that the Extended Term provided herein shall not be deemed to represent the Tenants option to extend the Lease Term as provided in Section2.2 of the Lease, and that Tenant shall continue to have one (1)option to extend the Lease Term for a period of five (5)years in accordance with, and pursuant to, the terms of, Section2.2 of the Lease.
10/31/2019 (Revolution Medicines, Inc.)
3.1 Option to Extend Lease Term.Landlord and Tenant acknowledge and agree that the Extended Term provided herein shall be deemed not to represent any of Tenant's three (3) options to extend the Lease Term as provided in Section2.2 of the Lease.Accordingly, Landlord and Tenant acknowledge and agree that Tenant shall continue to have the three (3) options to extend the Lease Term, each for a period of five (5)years, in accordance with, and pursuant to the terms of, Section2.2 of the Lease.For purposes of clarity, the parties hereby acknowledge and agree that, in connection any exercise by Tenant of the first such Option Term in accordance with Section2.2 of the Lease, Tenant shall deliver the Exercise Notice to Landlord during the period (the "First Option Exercise Window") commencing on October 1, 2017 and ending on March 31, 2018.
08/09/2016 (VICAL INC)
9.OPTION TO EXTEND LEASE TERM.The renewal options set forth in Section 1 of the Lease remain in full force and effect.
05/07/2020 (Verrica Pharmaceuticals Inc.)
7.Option to Extend Lease Term. Landlord and Tenant hereby acknowledge and agree that Tenants right to extend the Lease Term pursuant to Section2.2 of the Lease shall be applicable to the entire Premises (i.e., the Existing Premises and the Expansion Premises); provided, however, notwithstanding anything in the Lease to the contrary, Tenant shall have the right to extend the Lease Term pursuant to Section2.2 of the Lease with respect to the Existing Premises only or with respect to the entire Premises (i.e., the Existing Premises and the Expansion Premises), and in no event shall Tenant have the right to extend the Lease Term for the Expansion Premises only.
06/03/2019 (Inhibrx, Inc.)
10. Option to Extend Lease Term. Landlord and Tenant hereby agree that all remaining options to extend the Term of the Lease pursuant to Section3.3 of the Lease are hereby deleted and Tenant shall have the right and option to extend the Term of the Lease in accordance with the provisions set forth below.
03/27/2017 (OSIRIS THERAPEUTICS, INC.)
11. Option to Extend Lease Term. Tenant shall have one (1)option (the Option) to extend the term of the Lease for a period of two (2)years (the Option Term), which Option shall be exercisable by written notice delivered by Tenant to Landlord as provided in subsection (a)below, provided that Tenant has not committed an Event of Tenants Default under the Lease at any time prior to the date of delivery of such notice. The Option is personal to the originally named Tenant in the Lease (the Original Tenant) and shall be exercisable by Original Tenant only if Original Tenant is in possession of one hundred percent (100%) of the Premises.
02/08/2019 (ShockWave Medical, Inc.)
Section2.05 Option to Extend Lease Term. At the expiration of the original Term, Tenant may extend this Lease for two (2)extended terms of five (5)years each by giving Landlord written notice of its intention to do so not later than twelve (12) months prior to the expiration of the original Lease Term, and thereafter twelve (12) months prior to the expiration of the applicable extended term; provided, however, that Tenant is not in material default beyond any applicable cure period under the Lease on the date of giving such notice or on the date of commencement of such extended term. Any termination of the Lease shall result in automatic termination of this option. Tenants right to extend the Lease Term provided herein is personal to Tenant and may not be assigned or otherwise transferred separate from this Lease; provided, however, the foregoing shall not prohibit Tenant from assigning the right to extend to a Tenant Affiliate pursuant to an assignment of the Lease permitted under Section9.02. The extended term shall be upon all of the terms and conditions of this Lease, except that the following rights of Tenant during the original Term of this Lease shall not apply during such extended term: (a)any right to rent-free possession; (b)any right to further extension of the term of the Lease beyond the extended terms set forth herein above; (c)any right to continue to pay the same Base Rent; (d)any right to additional Tenant Allowance; and (f)the right to the continuation of any cap on Controllable Operating Expenses from the previous year (it being understood that the Operating Expenses for the first twelve (12) months of each new extension term shall be the actual Operating Expenses without any cap and thereafter the cap set forth in Section4.02(e)shall apply. In no event shall the Base Rent for any extended term be less than the Base Rent payable by Tenant during the full month immediately preceding the extended term.
03/13/2020 (VectoIQ Acquisition Corp.)
6. Option to Extend Lease Term. Provided Tenant is not in default under any term or provision contained in this Lease beyond any applicable notice and cure period, and is in possession of the Premises at the time Tenant exercises its option, Tenant shall have one (1) option to extend the Lease Term (“Extension Option”) for a period of three (3) years (“Option Term”) for all of the space then under the Lease under the same terms and conditions except for the monthly installment of Base Rent and parking fees. If Tenant wishes to exercise the Extension Option, Tenant shall deliver written notice to Landlord no less than six (6) months prior to the expiration of the then existing Lease Term (“Exercise Notice”). If Tenant fails to timely deliver the Exercise Notice, Tenant shall be considered to have elected not to exercise the Extension Option.
11/14/2019 (BARFRESH FOOD GROUP INC.)
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