Common use of Available Space Clause in Contracts

Available Space. For the purposes of the Expansion Right: (i) the term "First Floor Available Space" shall mean any Rentable Area within the first floor of the Building other than the Demised Premises; (ii) the term "Second Floor Available Space" shall mean any Rentable Area within the second floor of the Building which Landlord is not obligated, as of the date hereof, to deliver to Genos Biosciences, Inc. pursuant to the terms of its lease; (iii) the term "3530 Available Space" shall mean any Rentable Area within any free-standing office or laboratory building upon the land immediately adjacent to the Building to be constructed and to have a mailing address of 3530 ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇; and (iv) the term "Available Space" shall mean, collectively, the First Floor Available Space, the Second Floor Available Space and the 3530 Available Space. Tenant may exercise the Expansion Right as to any Available Space; provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any Second Floor Available Space shall be subordinate to the right of Genos Biosciences, Inc. to exercise its expansion right as to such space pursuant to the terms of its lease executed concurrently herewith; further provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any 3530 Available Space shall only arise in the event that Landlord constructs or determines to pursue a speculative development project for a free-standing office or laboratory building upon the land immediately adjacent to the Building and desires to lease such new building for any purpose other than for parking, storage or placement of temporary trailers; and further provided, however, that if the Available Space was configured for use by a single tenant, Tenant must exercise the Expansion Right as to all of

Available Space. For Provided that CapitalSource Finance LLC, a Delaware limited liability company ('CapitalSource') is not then in default and has not been in default more than once during the purposes Term, in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the Expansion Right: commencement of the Term as to the 11th Floor Space, as hereinafter defined, and is then in occupancy of at least fifty percent (i50%) of the Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term "First as to the 11th Floor Available Space" , as hereinafter defined, and provided further that the right and option of CapitalSource hereinafter granted shall mean be subject and subordinate to the prior right and option of any Rentable Area within the first floor of the Building other than the Demised Premises; (ii) the term "Second Floor Available Space" shall mean any Rentable Area within the second floor of the Building which Landlord is not obligatedexisting tenant, as of the date hereofof the Third Amendment, as to deliver the 11th Floor Space, as hereinafter defined, then, solely during the period commencing on the Third Expansion Space Commencement DATE, CapitalSource shall have a one-time right to Genos Biosciencesreceive from Landlord, prior to the next leasing of said 11th Floor Space by Landlord, an offer to lease the 11th Floor Space to CapitalSource on the terms set forth in Landlord's 11th Floor Offer, which offer shall be accepted or rejected at CapitalSource's option. '11th Floor Space' means only that office space located on the 11th floor of the Building currently occupied by HealthCare Financial Partners REIT, Inc. pursuant ('HealthCare') and shown on Exhibit P attached to this Lease, as said space may become available for lease after the expiration of the term, or earlier termination, of the existing lease between Landlord and HealthCare with respect to the terms of its lease; (iii) the term "3530 Available Space" shall mean any Rentable Area within any free-standing office or laboratory building upon the land immediately adjacent to the Building to be constructed and to have a mailing address of 3530 ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇; and (iv) the term "Available Space" shall mean, collectively, the First 11th Floor Available Space, the Second Floor Available Space and the 3530 Available Space. Tenant may exercise the Expansion Right as to any Available Space; provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any Second The 11th Floor Available Space shall be subordinate offered to and accepted (if at all) by CapitalSource on the right of Genos Biosciences, Inc. terms and conditions set forth in Landlord's offer to exercise its expansion right CapitalSource as to such space 11th Floor Space ('Landlord's 11th Floor Offer'), which Landlord's Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined pursuant to the terms Section 3.5(a) of its lease executed concurrently herewith; further provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any 3530 Available Space shall only arise in the event that Landlord constructs or determines to pursue a speculative development project for a free-standing office or laboratory building upon the land immediately adjacent to the Building and desires to lease such new building for any purpose other than for parking, storage or placement of temporary trailers; and further provided, however, that if the Available Space was configured for use by a single tenant, Tenant must exercise the Expansion Right as to all ofthis Lease.

Available Space. For The Project is intended to serve a maximum of 532 student seats. Landlord and Tenant have agreed that for each school year Tenant shall have enrolled a minimum of 450 students or 85% of its maximum number of students permitted by its charter petition physically attending at the purposes Leased Premises. If Tenant seeks to increase or decrease the number of students permitted under its charter petition which would result in a change of the Expansion Right: (i) maximum and minimum number of student seats, Tenant and LAUSD shall negotiate the term "First Floor Available Space" shall mean any Rentable Area within impact of such change on this Lease and mutually agreeable on the first floor terms and conditions of the Building other than the Demised Premisesamendment of this Lease; (ii) the term "Second Floor Available Space" shall mean any Rentable Area within the second floor of the Building which Landlord is not obligated, as of the date hereof, to deliver to Genos Biosciences, Inc. pursuant to the terms of its lease; (iii) the term "3530 Available Space" shall mean any Rentable Area within any free-standing office or laboratory building upon the land immediately adjacent to the Building to be constructed and to have a mailing address of 3530 provided that ▇▇▇▇▇▇ agrees that it shall not implement the change in students permitted under its charter petition until the parties agree on such amendment to Lease. Notwithstanding anything to the contrary contained in this Lease, commencing upon the first academic school year after the Term Commencement Date and for every year thereafter, should Tenant not have an average daily attendance of a minimum of 85% of its maximum number of students permitted by its charter petition physically attending at the Leased Premises, then Landlord may elect, but shall not be obligated, to temporarily utilize the available space of the Project area (including classrooms and related facilities) in such size and configuration as Landlord believes reasonable and appropriate (or as required by law) for the District’s use, which may include providing the space to another charter school under Proposition 39. Tenant shall notify LAUSD if: (i) it anticipates enrollment will be below the minimum set forth herein; or (ii) actual enrollment is below the minimum set forth herein. Prior to the exercise of said election, Landlord and Tenant shall discuss Tenant’s current and projected enrollment for the next coming school year and efforts to increase enrollment. After this discussion, Landlord may deliver to Tenant written notice of its election to temporarily use the available space on the following conditions: (a) Landlord’s use of the available space shall commence no earlier than ninety (90) days after delivery of notice to Tenant but the parties may mutually agree on a date beyond said ninety (90) days for commencement of use; and (b) if Landlord’s use involves a program that does not involve students attending such space (such as, but not limited to, preparation of professional development material), ▇▇▇▇▇▇▇▇ ▇▇▇▇▇; and (iv) the term "Available Space" shall mean, collectively, the First Floor Available Space, the Second Floor Available Space and the 3530 Available Space. Tenant may exercise the Expansion Right as agrees to any Available Space; provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any Second Floor Available Space shall be subordinate to the right of Genos Biosciences, Inc. to exercise its expansion right as to relocate such space pursuant to the terms of its lease executed concurrently herewith; further provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any 3530 Available Space shall only arise in the event that Landlord constructs or determines to pursue a speculative development project for a free-standing office or laboratory building use upon the land immediately adjacent to the Building and desires to lease such new building for any purpose other than for parking, storage or placement of temporary trailers; and further provided, however, that if the Available Space was configured for use by a single tenant, Tenant must exercise the Expansion Right as to all ofninety