Common use of No Default Funding Clause in Contracts

No Default Funding. In no event shall Landlord have any obligation perform any Landlord’s Work during any period that Tenant is in Default under the Lease. June 1, 2017 3985 Sorrento Valley Blvd Basis of Design CODE COMPLIANCE Design and construction shall conform to all Federal, State and Local current building codes and ordinances to include but is not limited to: • California Building Code • California Mechanical Code • California Plumbing Code • California Fire Code • California Electrical Code • Local Fire Department Regulations • National Fire Protection Code • Title 24, California Energy Efficiency Standards • California Division of Occupational Safety and Health • San Diego Municipal Code LEED CERTIFICATION The design of the tenant improvements has no LEED certification requirements SERVICE YARD The footprint of the tenant’s service yard size shall be based on the tenant’s equipment requirements. It shall have wall heights as required to screen the tenant’s equipment and shall use skin materials similar to those used in the shell exterior All underground conduit, piping, sleeves and cabling runs from the yard to the building shall remain underground until inside the building INTERIOR PARTITIONS • Metal stud and drywall partitions per the tenant’s floor plan. 3-5/8” studs typical, 6” as required, gage and spacing as required by code, and Type X, 5/8” drywall. Standard interior partitions penetrate ceiling grid by 6” • Full height partitions, to the underside of structure, will be provided at all perimeters of lab suites, vivarium area, conference rooms, restrooms and where sound/security requirements occur • Fire rated assemblies as required by code, full height, tunnel or shaft wall construction as approved by code • Backing is required in any walls where casework, appliances, equipment or fixtures will be mounted and should be coordinated with the structural engineer to determine any specialty requirements for heavy loads • Smooth drywall finish to Level 4 in finished areas INSULATION Batt insulation as required for sound control at vivarium areas, conference rooms, restroom cores, equipment rooms, and executive office suites DOORS, FRAMES & HARDWARE General • Hardware includes components and ratings as required by code. • Keying to be compatible with the Landlord’s master system Offices/General Use Area • Interior door assemblies are 3’x9’ or 6’x9’ pair, solid core, wood veneer, flush face doors with no added urea-formaldehyde resins • Sliding glass doors or wood swing doors are 3’x9’ at-offices • Anodized aluminum frames, natural finish, 3’x9’ or 6’x9’ pair with full glazed fronts at offices and conference rooms. • Lever style, heavy duty, satin aluminum hardware. • Interior doors are passage locksets Lab/Lab Support/Equipment/Storage Areas • Door assemblies to be 3’x9’, 3’6”x9’, 6’x9’ or uneven pairs and match offices. Where function dictates painted hollow metal doors and fully welded frames will be provided • Doors stained to match offices with vision lites as dictated by function • Lever style, heavy duty, satin aluminum cylindrical passage latch-set and lockset (as dictated by function) hardware and 34” high armor kick plates on the push side of doors Vivarium • Door assemblies to be 3’x9’, 3’-6”x9’, 6’x9’ or uneven pairs painted hollow metal doors, filled top and bottom and ground smooth, fully welded frames to be provided • Hospital style latches and 34” high armor kick plates on the push side of doors • Holding room doors will have 6” x 24” vision lites with red film WINDOWS Frames to match style of door frames in office areas or hollow metal fully welded frames with function dictates CEILING SYSTEMS General • Ceiling height to be 10’0”. All ceilings less than 10’0” require Landlord review and approval prior to installation of overhead mechanical systems • Gypsum board or T-Bar suspension installation per code Office Area • ▇▇▇▇▇▇▇▇▇ 2’x2’ grid system, like 9/16” Suprafine with 1/8” revel, white or similar • ▇▇▇▇▇▇▇▇▇ 2’x2’ acoustical tile, Calla #2824 NRC.85, white or similar • Provide Axiom finish edge at perimeter where adjacent is open • Open office areas to be exposed to structure, cleaned, and painted Lab/Lab Support/Equipment/Storage Areas • ▇▇▇▇▇▇▇▇▇ 2’x4’ 15/16” exposed T-Grid, white • ▇▇▇▇▇▇▇▇▇ 2’x4’ vinyl faced gypsum tiles or similar Vivarium • Ceiling to be 9’0” high suspended 5/8” gypsum board on metal ceiling joists or 1-5/8” hat channel and black iron runners • Gasketed or clipped lay-in ceilings in corridor same as Lab ceilings to provide a cleanable surface Hard lid – Gypsum board ceiling areas • Linear mechanical diffusers to be standard in hard lid areas WINDOW COVERINGS MechoShade Systems or equal roller shades, with manual controls, mounted within blind pocket. MILLWORK/ LABORARY CASEWORK Millwork • Construction Designation APA C-D plugged with exterior glue, 3/4” thick or 3/4” high-pressure particle board with no added urea-formaldehyde containing resins for Lunch and Break Rooms, Copy/Work Rooms and Conference Rooms • Adhesive compliant with Indoor Air Quality criteria per ASTM D-5116 • Cabinets, countertops and splashes shall be plastic laminate finish and constructed in accordance with WI Manual of Millwork • Countertops in wet areas shall be solid surface or quartz • Self-closing hinges with vertical, horizontal and depth adjustment • Adjustable shelf standards, full extension, heavy-duty drawer glides Laboratory Casework • Lab casework shall be metal ▇▇▇▇▇▇ Lab Furniture, Thermo ▇▇▇▇▇▇ or equivalent, or plastic laminate and constructed in accordance with WI Manual of Millwork, “Custom” grade • Self-closing hinges with vertical, horizontal and depth adjustment • Adjustable shelf standards, full extension, heavy duty drawer glides • Countertops in labs to be TRESPA, epoxy or equivalent Fume Hoods • Biological laboratories may have up to one (1) 6’ fume hood for every 2,500 sf of Biology lab. • Chemistry will have the following fume hoods: • Eight (8) 8’ fume hoods FLOOR COVERING General • All adhesives compliant with Indoor Air Quality criteria per ASTM D-5116 • Flooring in laboratory and vivarium areas extend wall to wall with casework set on top of flooring Office and Administration Areas • Broadloom or Carpet tile with a minimum allowance of $36.00 per square yard or polished concrete, where applicable • Adhesives and floor prep per manufacturers recommendation • 4” top set rubber base Lab/Lab Support/Equipment/Storage Areas • Vinyl Composition Tile, ▇▇▇▇▇▇▇▇▇ or equivalent,12”x24”x1/8” • 4” top set rubber base at walls and casework including kneeholes Vivarium and Glass Wash • Welded sheet vinyl or epoxy flooring w/ 6” integral coved base and walls and casework Tissue Culture • Resilient sheet vinyl flooring with matching welded seams and 6” integral coved base at walls and casework Server Room • Static Dissipative tile PAINT Paint shall not exceed the VOC and chemical component limits of Green Seal’s Standard GS-11 Epoxy paint will be installed in the Vivarium and Glass Wash RESTROOMS Finishes in restrooms include: • Floors and wet walls to be finished with ceramic, porcelain or stone tile (full height on wet walls) • Solid surface countertops with full coverage plastic laminate aprons • Stainless steel toilet partitions or approved equivalent by Landlord • Stainless steel Bobrick accessories or approved equivalent by Landlord • Drywall ceilings with recessed can lights and cove lighting above toilets, urinals and mirrors LAB SUPPORT Landlord will provide the following: EQUIPMENT • Glasswasher • Autoclave • Vacuum Pump • Air Compressor • Fume Hoods • Tenant to provide DI Skid, BSCs, and other lab equipment.

No Default Funding. In no event shall Landlord have any obligation perform any Landlord’s Work during any period that Tenant is in Default under the Lease. June 1September 26, 2017 Xeris 3985 Sorrento Valley Blvd BIvd Basis of Design Re: Outline Specification – Tenant Improvement OVERVIEW The project consists of approximately 17,105 rentable square feet on one level. The program areas for the project will be roughly as follows: • Approximately 6,944 net square feet of Lab and Lab Support space • Approximately 5,948 net square feet of Private & Open Office (includes open office circulation) • Approximately 2,420 net square feet of Common Areas (such as conference rooms, break areas, reception/lobby, mail and copy room) CODE COMPLIANCE COMPLAINCE Design and construction shall conform to all Federal, State and Local current building codes and ordinances to include but is not limited to: • California Building Code • California Mechanical Code • California Plumbing Code • California Fire Code • California Electrical Code • Local Fire Department Regulations • National Fire Protection Code • Title 24, California Energy Efficiency Standards • California Division of Occupational Safety and Health • San Diego Municipal Code LEED CERTIFICATION The design of the tenant improvements has no LEED certification requirements SERVICE YARD The footprint of requirements. ROOFTOP EQUIPMENT All rooftop equipment will be screened with a minimum screen height required to meet city requirements. Cladding to be metal panels or siding finished to match the tenant’s service yard size shall be based metal panels on the tenant’s equipment requirementsbuilding. It shall have wall heights as required to screen the tenant’s equipment and shall use skin materials similar to those used in the shell exterior All underground conduit, piping, sleeves and cabling runs from the yard to the building shall remain underground until inside the building INTERIOR PARTITIONS • Metal stud and drywall partitions per the tenant’s floor plan. 3-5/8” studs typical, 6” as required, gage and spacing as required by code, and Type X, 5/8” drywall. Standard interior Interior partitions penetrate ceiling grid by 6” ”. • Full height partitions, to the underside of structure, will be provided at all perimeters of lab suites, vivarium area, conference rooms, restrooms and where sound/security requirements occur occur. • Fire rated assemblies as required by code, full height, tunnel or shaft wall construction as approved by code code. • Backing is required in any walls where casework, appliances, equipment or fixtures will be mounted and should be coordinated with the structural engineer to determine any specialty requirements for heavy loads loads. • Smooth drywall finish to Level 4 in finished areas areas. INSULATION Batt insulation as required for sound control at vivarium areas, conference rooms, restroom cores, equipment rooms, and executive office suites private offices. DOORS, FRAMES & HARDWARE General • Hardware includes components and ratings as required by code. • Keying to be compatible with the Landlord’s master system Offices/General Use Area • Interior door assemblies are 3’x9’ or 6’x9’ pair, solid core, wood veneer, flush face doors with no added urea-formaldehyde resins resins. • Sliding sliding glass doors or wood swing doors are 3’x9’ at3’x9’at-offices off ices • Anodized aluminum frames, natural finish, 3’x9’ or 6’x9’ pair with full glazed fronts at offices and conference rooms. • Lever styleLeverstyle, heavy duty, satin aluminum hardware. • Interior doors are passage locksets Lab/Lab Support/Equipment/Storage Areas • Door assemblies to be 3’x9’, 3’6”x9’, 6’x9’ or uneven pairs and match offices. Where function dictates painted hollow metal doors and fully welded frames will be provided provided. • Doors stained to match offices with vision lites as dictated by function function. • Lever styleLeverstyle, heavy duty, satin aluminum cylindrical passage latch-set and lockset (as dictated by function) hardware and 34” high armor kick plates on the push side of doors Vivarium • Door assemblies to be 3’x9’, 3’-6”x9’, 6’x9’ or uneven pairs painted hollow metal doors, filled top and bottom and ground smooth, fully welded frames to be provided • Hospital style latches and 34” high armor kick plates on the push side of doors • Holding room doors will have 6” x 24” vision lites with red film . WINDOWS Frames to match style of door frames doorframes in office areas or hollow metal fully welded frames with function dictates dictates, CEILING SYSTEMS General • Ceiling height to be 10’0”. All ceilings less than 10’0” require Landlord review and approval prior to installation of overhead mechanical systems • Gypsum board or T-Bar suspension installation per code code. Office Area • ▇▇▇▇▇▇▇▇▇ 2’x2’ grid system, like 9/16” Suprafine with 1/8” revel, white or similar • ▇▇▇▇▇▇▇▇▇ 2’x2’ acoustical tile, Calla #2824 NRC.85, white or similar • Provide Axiom finish edge at perimeter where adjacent is open • Open office areas to be exposed to structure, cleaned, and painted or exposed wood finish. • Lobby and Conference Rooms; combination of hard lid, soffits, and acoustical tile Lab/Lab Support/Equipment/Storage Areas • ▇▇▇▇▇▇▇▇▇ 2’x4’ 15/16” exposed T-Grid, white • ▇▇▇▇▇▇▇▇▇ 2’x4’ vinyl 2”x4’vinyl faced gypsum tiles or similar Vivarium • Ceiling to be 9’0” high suspended 5/8” gypsum board on metal ceiling joists or 1-5/8” hat channel and black iron runners • Gasketed or clipped lay-in ceilings in corridor same as Lab ceilings to provide a cleanable surface Hard lid – — Gypsum board ceiling areas • Linear mechanical diffusers to be standard in hard lid areas areas. WINDOW COVERINGS Coverings MechoShade Systems or equal roller shades, with manual controls, mounted within blind pocket. MILLWORK/ LABORARY CASEWORK Millwork • Construction Designation APA C-D plugged with exterior glue, 3/4” thick or 3/4or3/4” high-high- pressure particle board with no added urea-formaldehyde containing resins for Lunch and Break Rooms, Copy/Work Rooms and Conference Rooms • Adhesive compliant with Indoor Air Quality criteria per ASTM D-5116 • Cabinets, countertops and splashes shall be plastic laminate finish and constructed in accordance with WI Manual of Millwork • Countertops in wet areas shall be solid surface or quartz • Self-closing hinges with vertical, horizontal and depth adjustment • Adjustable shelf standards, full extension, heavy-duty drawer glides Laboratory Casework • Lab casework shall be metal ▇▇▇▇▇▇ Lab Furniture, Thermo ▇▇▇▇▇▇ or equivalent, or plastic laminate and constructed in accordance with WI Manual of Millwork, “Custom” grade • Self-closing hinges with vertical, horizontal and depth adjustment • Adjustable shelf standards, full extension, heavy duty drawer glides • Countertops in labs to be TRESPATRES PA, epoxy or equivalent Fume Hoods • Biological laboratories may have up to one (1) 6’ fume hood for every 2,500 sf of Biology lab. • Chemistry will have the following fume hoods: • Eight (8) 8’ fume hoods FLOOR COVERING General Genera! • All adhesives compliant with Indoor Air Quality criteria per ASTM D-5116 • Flooring in laboratory and vivarium areas extend wall wail to wall with casework set on top of flooring Office and Administration Areas • Exposed concrete, Broadloom or Carpet tile with a minimum allowance of $36.00 36,00 per square yard or polished concrete, where applicable • Adhesives and floor prep per manufacturers recommendation • 4” top set rubber base Lab/Lab Support/Equipment/Storage Areas • Vinyl Composition Tile, ▇▇▇▇▇▇▇▇▇ or equivalent,12”x24”x1/8” • 4” top set rubber base at walls and casework including kneeholes Vivarium and Glass Wash • Welded sheet vinyl or epoxy flooring w/ 6” integral coved base and walls and casework Tissue Culture • Resilient sheet vinyl flooring with matching welded seams and 6” integral coved base at walls and casework Server Room • Static Dissipative tile PAINT Paint shall not exceed the VOC and chemical component limits of Green Seal’s Standard GS-11 Epoxy paint will be installed in the Vivarium and Glass Wash GS-11. RESTROOMS Finishes in restrooms include: • Floors and wet walls to be finished with ceramic, porcelain or stone tile (full height on wet walls) • Solid surface countertops with full coverage plastic laminate aprons aprons. • Stainless steel toilet partitions or approved equivalent by Landlord Landlord. • Stainless steel Bobrick accessories or approved equivalent by Landlord Landlord, • Drywall ceilings with recessed can lights and cove lighting above toilets, urinals and mirrors LAB SUPPORT EQUIPMENT Landlord will provide the following: EQUIPMENT • Glasswasher • Autoclave • Vacuum Pump • Air Compressor • Fume Hoods • Tenant to provide DI SkidDIS kid, BSCsBSC s, and other lab equipmentequipment SPECIALTIES • Stainless steel corner guards will be provided on the exterior corners of the Lab and Lab Support areas • Drying racks and paper towel dispensers will be provided at the Lab and Lab Support sinks • Dish washer in main lunch room FIRE PROTECTION Fire Sprinklers • Spacing and number of heads shall comply with recommendations of NFPA 13 for type of occupancy • Ceiling mounted high temperature heads (pendant, natural brass with chrome finish, semi-recessed with matching adjustable metal escutcheon) shall be used in those areas required by tenant such as the Server Room. • Semi-Recessed, stainless steel fire extinguisher cabinets with dry chemical fire extinguisher bottles as required by code: Sentry 5 or equivalent • Concealed recessed pendants shall be provided at all hard lid/gypsum board ceiling areas. Cap to be white or chrome dependent on application and as approved by Landlord, Fire Alarm • Improvements to include all devices required by code and must be connected to the building fire alarm system PLUMBING - TENANT IMPROVEMENT MINIMUM CRITERIA CODE COMPLIANCE • All work shall be in strict conformance with the following codes &standards • CA Plumbing Code • CA Building Code • CA Fire Code • Local Fire Department Regulations • National Fire Protection Association • All other Authorities Having Jurisdiction • All water fixtures used in general office space including restrooms but not including Process Fixtures, shall exceed the minimum rating by 30% specified in the Energy Policy Act of 1992, in accordance with LEED calculations • Adhesives shall comply: VOC content shall be less than the current VOC content limits of SCAQMD Rule #1168, AND all sealants used as fillers must meet to exceed the requirements of the South Coast Air Quality Management District Regulation 8, Rule 51 PRINCIPAL SYSTEMS Principal Systems that may be Included in the Design • Sanitary sewer drain, waste &vent- all spaces above ground level drain by gravity to the public sewer. To be field verified by new building layout. • Industrial (Lab) waste —connect to public sewer through sample port • Compressed Air (CA) Compressor fed [Clean Dry Air to be confirmed by tenant needs). • Specialty gases, (N2, C02) Bottle fed • Lab Vacuum System • WaterSystems (ICW, IHW, DCW, DHW). • Purified water systems (Dl) to be via point of use units per tenant • Natural gas service to be provided to serve project needs, pending tk1sc review of site and Landlord approval. • If localized hot water is required, instantaneous electric domestic hot water heaters may be used to serve lavatories and sinks in the, tenant suites • Condensate drain piping runs from the HVAC units to the nearest indirect waste receptor (max. 60” AFF.) or to a Janitor’s Sink MATERIALS • Soil, Waste and Vent above Ground: Service-weight, no-hub cast-iron pipe and fittings • Soil, Waste and Vent Below Ground and to 5’-0” Outside of Building: Service-weight cast-iron hub & spigot pipe and fittings • Industrial (Lab) Waste and Vent piping above ground to be plenum rated polypropylene DWV • Industrial (Lab) Waste and Vent piping below ground to be polypropylene DWV. • Industrial (Lab) Waste piping to route to a sample port just prior to connection to sanitary system • Water and Condensate Drain Piping Above Ground: Type “L” hard-drawn copper type, ASTM B88, and wrought copper fittings, ANS I B1 6.22. All hot water supply piping shall be insulated with 1-1/2-inch thick fiberglass insulation for sizes up to 2-1/2 inch size, 2” inch thick above 2-inch size piping. Condensate drain piping above ceilings to be insulated • Water Piping Below Ground 4-inches and smaller: Type “K” hard-drawn copper tubing, ASTM B88, and wrought copper fittings ANS I B 16.22, silver brazed joints • Natural Gas Piping: Buried piping to be Polyethylene per ASTM D2513; above grade to be Schedule 40 black steel per ASTM D2513 Indirect Drains: Type “L” copper fittings, ANSI B16.22, solder joint type. Insulate with Manville Micro-Lok 650AP if temperature dictates • Specialty gas and lab vacuum piping shall be type L copper, silver brazed. C leaned and capped to meet NFPA 99. • Deionized Water: Pigmented polypropylene with IR fusion joints • Adhesives shall comply: VOC content shall be less than the current VOC content limits of SCAQMD Rule sealants used as fillers must meet or exceed the requirements of the South Coast Air Quality Management District Regulation 8, Rule 51 PLUMBING EQUIPMENT • Domestic Water Heater; Domestic hot water will be provided by a combination boiler and storage tank with circulation pump, expansion tank and master thermostatic mixing valve serving showers, lavatories, sinks and emergency showers, • Industrial Water Heater: Industrial hot water will be provided by a combination of boiler with cupro Nickel heat exchanger for soft water service and storage tank with circulation pump and expansion tank serving cage washer, glass washers, sterilizers and laboratory sinks, • Air Compressor: Quadruplex open scroll clean dry air compressor with 100 psi distribution pressure and air receive rand desiccant air dryer. Premium controls. • Vacuum Pump Quadruplex lubricated vane vacuum pump with 19” Hg distribution pressure with air receiver. Premium controls. • Dl Skid & Pretreatment (By Tenant): High Efficiency RO/DI system with ultralow pressure RO, nominal 35 gpm. Estimated capacity 500 gallons per day. Shall include VFD distribution pumps, 500-gallon tank, UV sterilizers and final filters. • Bulk Gas Tanks (By Tenant) • Steam: electric steam generators provided by autoclave manufacturer • Water Closets, ADA Compliant Handicap-height, vitreous china, wall mounted, floor outlet, low-flush toilet with flush valve • Water Closet: Vitreous china, wall mounted, floor outlet, low-flush toilet with flush valve • Urinal, ADA Compliant: Wall hung, vitreous china, low-flush urinal with flushometer. Mount at handicap height • Urinal; Wall hung, vitreous china, low-flush urinal with flushometer • Lavatory: Vitreous china wall hung lavatory with a single temperature-metering faucet • Faucet Infra-red sensor control restroom faucet on 120 v power • Lab sink: stainless steel or epoxy, sizes to be determined, • Lab Turrets: Bench and utility panel mount • Scullery sink; Double compartment stain less steel sink with 14 in. deep basin • Service Sink: Corner model, terrazzo mop service basin with vacuum breaker faucet Emergency Shower/Eyewash: Guardian Model GBF2352 or equivalent • Electric Water Cooler: Barrier-free, wall hung water cooler with push bar control and equipped for handicap usage • All water fixtures used in general office space including restrooms but not including Process Fixtures, shall exceed the minimum average rating by 30% specified in the Energy Policy Act of 1992, in accordance with ▇▇▇ D calculations • Break rooms shall have either double compartment 18-gauge stainless steel sinks. DRAINS • FloorDrains: Cast iron body floor drains with nickel bronze top, membrane clamp and adjustable collar • FloorSinks: Cast iron body receptor with acid-resistant coated interior, bottom dome strainer, seepage flange and grate HVAC – TENANT IMPROVEMENT MINIMUM CRITERIA CODE COMPLIANCE • All work shall be in strict conformance with the following codes and standards • CA Mechanical Code • CA Plumbing Code • CA Building Code • CA Fire Code • Local Fire Department Regulations • National Fire Protection Association • All other Authorities Having Jurisdiction PRINCIPAL SYSTEMS • Summer-Winter HVAC systems for all occupied areas, including corridors and restrooms • Tenant spaces shall be conditioned by rooftop package units, All Laboratories will be exhausted via utility sets. • Fume hood and any bio-safety cabinet exhaust will be exhaust by a high plume exhaust fan discharging at a minimum of 10 feet above the roof surface, • A heating hot water system will be provided to serve building heating or an equal alternate approved by the landlord. • Server room will be provided with an independent split system for 24/7 operation • Toilet exhaust systems for all restrooms and janitor rooms per code • Building DDC controls based on an open source protocol (Bacnet). Siemens or ▇▇▇▇▇▇▇ Controls or approved equivalent. NEW HEATING PLANT AND GAS METER As part of the Tenant Improvement, a new natural gas heating plant shall be installed to provide all of Tenant’s heating requirements, Natural gas shall be supplied from a new dedicated gas meter. OFFICE AREAS Rooftop package units will serve the office areas. LAB AREAS These areas shall be serviced by rooftop 100% OSA packaged units equipped as described below. Space will either be zoned via Independent rooftop package units or via a larger rooftop unit with terminal boxes equipped with heating hot water coils as approved by Landlord for budget purposes, The units shall be on the roof. CRITICAL PROGRAM AREAS Areas that require continuous 7/24 operation (computer rooms, network server rooms, etc.) shall be considered for dedicated stand-alone air cooled DX systems. The system configuration shall be dependent on room capacity requirements. ROOFTOP Custom Packaged Units with the following minimum components and accessories: • Double wall outdoor construction • Plenum supply fan(s) with high efficiency motors and VFD’s • Airflow monitoring stations • Moisture eliminator section • Filtration with 2 in. 30/30 pre-filters and 85% final filters