Common use of Option to Extend Term Clause in Contracts

Option to Extend Term. Provided Tenant is not in default in any of the terms, conditions or covenants of this Lease either on the date Tenant gives Landlord the renewal notice required herein or at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for one (1) five (5) year term. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior to the termination of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term shall be on the same terms and conditions as contained in this Lease, except that Base Rental shall be the then prevailing market rent for comparable office buildings in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan market area. The parties shall endeavor in good faith to agree on the Base Rent for the Extension Term within sixty (60) days prior to the applicable renewal date. If Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such date, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall be a member of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another ten (10) days after a second written notice from the other, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree within the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one of the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal terms.

Option to Extend Term. Provided Landlord will grant (1) Option to Extend the Lease term and all provisions contained in this Lease, except for the minimum monthly rent, for one three (3) year period ("Extended Term") following expiration of the initial term by giving notice of exercise of the Option ("Option Notice") to Landlord at lease one hundred fifty (150) days before the expiration of the initial term, provided that if Tenant is not in default in any of the terms, conditions or covenants a material term of this Lease either beyond the applicable cure period on the date of giving Option Notice, the Option Notice shall be ineffective, or if Tenant gives Landlord is in default of a material term of this Lease beyond the renewal notice required herein or applicable cure period on the day the Extended Term is to commence, the Extended Term shall not commence and this Lease shall expire at the end of the initial Term term. Landlord shall give Tenant its initial determination of this Lease, Landlord hereby grants to Tenant an the fair market rent either promptly after the receipt of Tenant's notice exercising Tenant's option to renew this Lease extend, or promptly after receiving a request for one such determination prior to receipt of Tenant's exercise of its option if such request is received during the ninety (1) five (5) year term. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (18090) days prior to the termination of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenantdate such option must be exercised. If Tenant elects to exercise such renewal option, then such renewal term shall be on the same terms and conditions as contained in this Lease, except that Base Rental shall be the then prevailing market rent for comparable office buildings in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location disagrees with Landlord's initial designation of the Leased Premises Fair Market Rent, Landlord and the rental rates for similar space in the St. Louis metropolitan market area. The parties shall endeavor Tenant agree to negotiate in good faith for a period of up to agree on the Base Rent for the Extension Term within sixty (60) days prior to the applicable renewal date. If Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such date, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior following Tenant's receipt of Landlord's initial determination of Fair Market Rent in an effort to agree on the renewal dateFair Market Rent, and if the parties cannot agree upon the Fair Market Rent by the end of such thirty day period, then the Fair Market Rent shall be submitted to arbitration as follows: Within fifteen (15) days after the expiration of such thirty (30) day period, Landlord and Tenant shall either agree on the name of a single arbitrator or each shall appoint a licensed real estate appraiser (who shall be a member give notice to the other specifying the name and address of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premisesarbitrator each has chosen. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another The two arbitrators so chosen shall meet within ten (10) days after a the second written notice from the otherarbitrator is appointed and if, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent of the Leased Premises. If two within twenty (2) licensed appraisers are appointed pursuant to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree within the thirty (3020) days after the second licensed appraiser has been arbitrator is appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one of the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, arbitrators shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the not agree upon a determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Fair Market Rent at the rate in effect immediately prior to the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal terms.in

Option to Extend Term. Provided Tenant shall have the option to extend the Lease Term for the Option Term. Tenant shall exercise its option to extend by giving written notice to Landlord no later than 5:00 p.m. on the date which is not in default in any 180 days prior to the termination date of the terms, conditions or covenants Initial Term of this Lease either on that it desires to so extend the Term ("Tenant's Notice"). After receipt of such notice and no later than 150 days prior to the termination date Tenant gives Landlord the renewal notice required herein or at the end of the initial Initial Term of this Lease, Landlord hereby grants shall provide Tenant with its determination of the fair market rental value of the Premises for such Option Term (the "Landlord's Determination"). Tenant shall have 30 days from the date of the Landlord's Determination to accept or reject the rental rate provided for in the Landlord's Determination. If the Tenant accepts the Landlord's Determination, then the Tenant shall so notify Landlord and the rental rate set forth therein shall be the "Fair Rental Value," and the amount of Basic Rent due for the Option Term. If the Tenant rejects the Landlord's Determination, then the Tenant shall so notify Landlord and Landlord shall thereafter have a right of first refusal to lease the Premises. If at any time after receipt of the Tenant's Notice, Landlord shall receive an option offer to renew this lease the Premises, which offer Landlord shall desire to accept, Tenant shall have the right to Lease for one the Premises upon the rental rate and terms as set forth in such offer. Upon receipt of any such offer, Landlord shall notify Tenant of the terms of such offer. Tenant shall have fifteen (115) five (5) year term. Such option to renew must be exercised by giving written days from receipt of such notice to elect to rent the Premises upon the terms set forth therein, which election shall be deemed exercised only upon receipt by Landlord at least one hundred eighty (180) days prior to the termination of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenantfrom Tenant accept the rental rate within said fifteen (15) day period. If Tenant elects shall waive or be deemed to exercise have waived its right of first refusal with respect to an offer, but such renewal option, then such renewal term shall be offer is not consummated by Landlord entering into a lease for the Premises with the offer or on the same terms and conditions as contained in this Lease, except that Base Rental shall be the then prevailing market rent for comparable office buildings in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan market area. The parties shall endeavor in good faith to agree on the Base Rent for the Extension Term within sixty (60) days prior to the applicable renewal date. If Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such date, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall be a member of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another ten (10) days after a second written notice from the other, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree within the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one in Landlord's notice, Tenant's right of the two submitted appraisal amounts, without any modification, first refusal as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease herein shall remain the same. As used throughout this Lease, any reference applicable to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termssubsequent offers.

Option to Extend Term. Provided that Tenant is not in default in any Default as of the terms, conditions or covenants time of exercise of this Lease either on option and the commencement date Tenant gives Landlord the renewal notice required herein or at the end of the initial Term Option Period, and provided that as of this Leasesuch date there is no act or omission of Tenant that would become a Default with the passage of time or the giving of notice, Landlord hereby grants to Tenant an option to renew this Lease for shall have one (1) successive option to extend the Term of the Lease for the Premises in "as is" condition at the expiration of the original Lease Term for a period of five (5) year termyears. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior to the termination All of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term shall be on the same terms and conditions as contained in of this Lease, Lease except that for Base Rental Rent and the provisions of this Paragraph shall be applicable to the Option Period. The Base Rent for the Premises under the option shall be the then prevailing current market rent for comparable office buildings facilities in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan proximate South San Francisco market area. The definition of comparable facilities shall incorporate the parking amenities of the Premises, and the Building's location, age, quality, amenities, identity, exterior appearance, interior improvements, and type of construction, excluding laboratory and manufacturing improvements paid for by Tenant. Tenant shall give Landlord written notice of its intent to exercise its option at least twelve (12) but not more than eighteen (18) months prior to the expiration of the then current Term for the Premises. Within fifteen (15) days after Tenant exercises its option to extend, Landlord shall provide Tenant with the Base Rent, as determined by Landlord, for the Option Period. The parties shall endeavor are obligated to negotiate in good faith to agree on the Base Rent. If the parties have not mutually agreed on the Base Rent within thirty (30) days from notification by Landlord to Tenant of Landlord's determination of Base Rent, each party hereto shall appoint one representative who shall be a licensed real estate broker experienced in the leasing of comparable facilities in the County of San Mateo to act as an arbitrator. The two (2) arbitrators so appointed shall determine the Base Rent for the Extension Term relevant Option Period. The determination of said Base Rent shall be made by said two (2) arbitrators within sixty (60) days prior from notification by Landlord to Tenant of Landlord's determination of Base Rent and they shall submit said determination in writing and signed by said arbitrators in duplicate. One of the applicable renewal date. If written notifications shall be delivered to Landlord and Tenant are unable the other to Tenant. In the event the two (2) arbitrators of the parties hereto cannot agree on the Base Rent for the Extension Term Premises herein, said two (2) arbitrators shall appoint a third arbitrator who shall be a licensed real estate broker experienced in the leasing of comparable facilities in the County of San Mateo, to act as an arbitrator. The Base Rent for the relevant Option Period shall be independently determined by such datethe third of said arbitrators, which said determination shall be made within ninety (90) days from notification by Landlord to Tenant of Landlord's determination of Base Rent. The role of the third arbitrator shall then be to immediately select from the proposed resolution of arbitrators #1 and #2 the one that most closely approximates the third arbitrator's determination of Base Rent. The third arbitrator shall have no right to adopt a compromise or middle ground or any modification of either of the two final proposed resolutions. The resolution that the third arbitrator chooses as most closely approximating his determination of the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to constitute the renewal date, Landlord decision of all arbitrators and Tenant each shall appoint a licensed real estate appraiser (who shall be a member final and binding upon the parties. The parties hereto shall pay the charges of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent arbitrator appointed by it and any expenses incurred by such arbitrator. The charges and expenses of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiserthird arbitrator, and such failure continues thereafter for another ten (10) days after a second written notice from the otheras provided herein, the single licensed appraiser appointed shall be paid by the sole licensed appraiser and shall set parties hereto in equal shares. In the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant event either arbitrator #1 or arbitrator #2 fails to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree present a Base Rent figure within the thirty (30) days after day period, the second licensed appraiser has been appointedBase Rent presented by the other arbitrator shall be considered final and binding on both parties. Notwithstanding anything to the contrary herein contained, then each party or its appraiser shall submit its appraisal for the then prevailing market rent Tenant's right to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one extxxx xhe term by exercise of the two submitted appraisal amounts, without any modification, as foregoing Option shall be conditioned upon the then prevailing market rent. The third appraiser, who must meet all following: (I) at the time of the minimum licensing and experience criteria set forth above, shall be selected by exercise of the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiserOption, and shall split equally at the cost of appointing the third licensed appraiser, if necessary. If the determination time of the then prevailing market rent commencement of the Leased Premises is not completed prior to the renewal dateextended term, Tenant shall continue to pay Base Rent at be in possession of and occupying the rate in effect immediately prior to Premises for the renewal dateconduct of its business therein and the same shall not be occupied by any assignee, subtenant or licensee, and (ii) the parties notice of exercise shall promptly account for any rent differential upon determination constitute a representation by Tenant to Landlord effective as of the then prevailing market rent date of the Lease Premises. All other terms exercise and as of this Lease shall remain the same. As used throughout this Leasedate of commencement of the extended term, any reference that Tenant does not intend to seek to assign the “lease term”, “term”in whole or in part, or “sublet all of any portion of the Premises, the election to extend the term being for purposes of this Lease” shall also include any and all renewal termsutilizing the Premises for Tenant's purposes in the conduct of Tenant's business therein.

Option to Extend Term. Provided that Tenant is not in default in any Default as of the termstime of exercise of each option and the commencement date of each Option Period, conditions or covenants Tenant shall have two (2) successive five (5) year options to extend the Term of this the Lease either on for the date Tenant gives Landlord Premises in “as is” condition at the renewal notice required herein or expiration of the original Lease Term and, if the first option is duly exercised, at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for one (1) five (5) year termfirst Option Term. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior to the termination All of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term shall be on the same terms and conditions as contained in of this Lease, Lease except that for Base Rental Rent and the provisions of this Paragraph shall be applicable to the Option Period. The Base Rent for the Premises under such option shall be the then prevailing current market rent for comparable office buildings facilities in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan proximate South San Francisco market area. The definition of comparable facilities shall incorporate the parking amenities of the Premises, and the Building’s location, age, quality, amenities, identity, exterior appearance, interior improvements, and type of construction, excluding Tenant Improvements in excess of $50.00 per rentable square foot. Tenant shall give Landlord written notice to exercise its option at least nine (9) but not more than twelve (12) months prior to the expiration of the then current Term for the Premises. Within fifteen (15) days after Tenant exercises its option to extend, Landlord shall provide Tenant with the Base Rent, as determined by Landlord, for the Option Period. The parties shall endeavor are obligated to negotiate in good faith to agree on the Base Rent. If the parties have not mutually agreed on the Base Rent within thirty (30) days from notification by Landlord to Tenant of Landlord’s determination of Base Rent, each party hereto shall appoint one representative who shall be a licensed real estate broker experienced in the leasing of comparable facilities in the County of San Mateo to act as an arbitrator. The two (2) arbitrators so appointed shall determine the Base Rent for the Extension Term relevant Option Period. The determination of said Base Rent shall be made by said two (2) arbitrators within sixty (60) days prior from notification by Landlord to Tenant of Landlord’s determination of Base Rent and they shall submit said determination in writing and signed by said arbitrators in duplicate. One of the applicable renewal date. If written notifications shall be delivered to Landlord and Tenant are unable the other to Tenant. In the event the two (2) arbitrators of the parties hereto cannot agree on the Base Rent for the Extension Term Premises herein, said two (2) arbitrators shall appoint a third arbitrator who shall be a licensed real estate broker experienced in the leasing of comparable facilities in the County of San Mateo, to act as an arbitrator. The Base Rent for the relevant Option Period shall be independently determined by such datethe third of said arbitrators, which said determination shall be made within ninety (90) days from notification by Landlord to Tenant of Landlord’s determination of Base Rent. The role of the third arbitrator shall then be to immediately select from the proposed resolution of arbitrators #1 and #2 the one that most closely approximates the third arbitrator’s determination of Base Rent. The third arbitrator shall have no right to adopt a compromise or middle ground or any modification of either of the two final proposed resolutions. The resolution that the third arbitrator chooses as most closely approximating his determination of the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to constitute the renewal date, Landlord decision of all arbitrators and Tenant each shall appoint a licensed real estate appraiser (who shall be a member final and binding upon the parties. The parties hereto shall pay the charges of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent arbitrator appointed by it and any expenses incurred by such arbitrator. The charges and expenses of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiserthird arbitrator, and such failure continues thereafter for another ten (10) days after a second written notice from the otheras provided herein, the single licensed appraiser appointed shall be paid by the sole licensed appraiser and shall set parties hereto in equal shares. In the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant event either arbitrator #1 or arbitrator #2 fails to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree present a Base Rent figure within the thirty (30) days after day period, the second licensed appraiser has been appointedBase Rent presented by the other arbitrator shall be considered final and binding on both parties. Notwithstanding anything to the contrary herein contained, then each party Txxxxx’s right to extend the term by exercise of the foregoing Option shall be conditioned upon the following: (I) at the time of the exercise of the Option, and at the time of the commencement of the extended term, Tenant or its appraiser a Permitted Assignee shall submit its appraisal be in possession of and occupying the Premises for the then prevailing market rent conduct of its business therein and the same shall not be occupied by any other assignee, subtenant or licensee, and (ii) the notice of exercise shall constitute a representation by Tenant to a third appraiser (selected Landlord effective as of the date of the exercise and as of the date of commencement of the extended term, that Tenant does not intend to seek to assign the lease in whole or in part, or sublet all of any portion of the Premises, the election to extend the term being for purposes of utilizing the Premises for Tenant’s purposes in the manner set forth below) and the third appraiser shall select one conduct of the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, Tenant’s or “term of this Lease” shall also include any and all renewal termsa Permitted Assignee’s business therein.

Option to Extend Term. Provided that Tenant is not in default in any Default as of the termstime of exercise of each option and the commencement date of each Option Period, conditions or covenants Tenant shall have two (2) successive five (5) year options to extend the Term of this the Lease either on for the date Tenant gives Landlord Premises in "as is" condition at the renewal notice required herein or expiration of the original Lease Term and, if the first option is duly exercised, at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for one (1) five (5) year termfirst Option Term. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior to the termination All of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term shall be on the same terms and conditions as contained in of this Lease, Lease except that for Base Rental Rent and the provisions of this Paragraph shall be applicable to the Option Period. The Base Rent for the Premises under such option shall be the then prevailing current market rent for comparable office buildings facilities in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan proximate South San Francisco market area. The definition of comparable facilities shall incorporate the parking amenities of the Premises, and the Building's location, age, quality, amenities, identity, exterior appearance, interior improvements, and type of construction, excluding Tenant Improvements in excess of $50.00 per rentable square foot. Tenant shall give Landlord written notice to exercise its option at least nine (9) but not more than twelve (12) months prior to the expiration of the then current Term for the Premises. Within fifteen (15) days after Tenant exercises its option to extend, Landlord shall provide Tenant with the Base Rent, as determined by Landlord, for the Option Period. The parties shall endeavor are obligated to negotiate in good faith to agree on the Base Rent. If the parties have not mutually agreed on the Base Rent within thirty (30) days from notification by Landlord to Tenant of Landlord's determination of Base Rent, each party hereto shall appoint one representative who shall be a licensed real estate broker experienced in the leasing of comparable facilities in the County of San Mateo to act as an arbitrator. The two (2) arbitrators so appointed shall determine the Base Rent for the Extension Term relevant Option Period. The determination of said Base Rent shall be made by said two (2) arbitrators within sixty (60) days prior from notification by Landlord to Tenant of Landlord's determination of Base Rent and they shall submit said determination in writing and signed by said arbitrators in duplicate. One of the applicable renewal date. If written notifications shall be delivered to Landlord and Tenant are unable the other to Tenant. In the event the two (2) arbitrators of the parties hereto cannot agree on the Base Rent for the Extension Term Premises herein, said two (2) arbitrators shall appoint a third arbitrator who shall be a licensed real estate broker experienced in the leasing of comparable facilities in the County of San Mateo, to act as an arbitrator. The Base Rent for the relevant Option Period shall be independently determined by such datethe third of said arbitrators, which said determination shall be made within ninety (90) days from notification by Landlord to Tenant of Landlord's determination of Base Rent. The role of the third arbitrator shall then be to immediately select from the proposed resolution of arbitrators #1 and #2 the one that most closely approximates the third arbitrator's determination of Base Rent. The third arbitrator shall have no right to adopt a compromise or middle ground or any modification of either of the two final proposed resolutions. The resolution that the third arbitrator chooses as most closely approximating his determination of the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to constitute the renewal date, Landlord decision of all arbitrators and Tenant each shall appoint a licensed real estate appraiser (who shall be a member final and binding upon the parties. The parties hereto shall pay the charges of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent arbitrator appointed by it and any expenses incurred by such arbitrator. The charges and expenses of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiserthird arbitrator, and such failure continues thereafter for another ten (10) days after a second written notice from the otheras provided herein, the single licensed appraiser appointed shall be paid by the sole licensed appraiser and shall set parties hereto in equal shares. In the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant event either arbitrator #1 or arbitrator #2 fails to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree present a Base Rent figure within the thirty (30) days after day period, the second licensed appraiser has been appointedBase Rent presented by the other arbitrator shall be considered final and binding on both parties. Notwithstanding anything to the contrary herein contained, then each party Tenaxx'x xight to extend the term by exercise of the foregoing Option shall be conditioned upon the following: (i) at the time of the exercise of the Option, and at the time of the commencement of the extended term, Tenant or its appraiser a Permitted Assignee shall submit its appraisal be in possession of and occupying the Premises for the then prevailing market rent conduct of its business therein and the same shall not be occupied by any other assignee, subtenant or licensee, and (ii) the notice of exercise shall constitute a representation by Tenant to a third appraiser (selected Landlord effective as of the date of the exercise and as of the date of commencement of the extended term, that Tenant does not intend to seek to assign the lease in whole or in part, or sublet all of any portion of the Premises, the election to extend the term being for purposes of utilizing the Premises for Tenant's purposes in the manner set forth below) and the third appraiser shall select one conduct of the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, Tenant's or “term of this Lease” shall also include any and all renewal termsa Permitted Assignee's business therein.

Option to Extend Term. Provided Tenant is not in default in any of the terms, conditions or covenants of this Lease either on the date Tenant gives Landlord the renewal notice required herein or at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for shall have one (1) option (“Option”) to extend the Term by five (5) year term. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior years as to the termination entire Premises (and no less than the entire Premises) upon thefollowing terms and conditions. Any extension of the initial Term of this Lease, and once a notice pursuant to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term the Option shall be on all the same terms and conditions as contained in this Lease, except that as follows: Base Rental Rent at the commencement of the Option term shall be equal the then prevailing then-current fair market rent value for comparable office and laboratory space in the Seattle market of comparable age, quality, level of finish and proximity to amenities and public transit, and containing the systems and improvements present in the Premises as of the date that Tenant gives Landlord written notice of Tenant’s election to exercise the Option (“FMV”), and shall be further increased on each annual anniversary of the Option term commencement date by three percent (3%). Tenant may, no more than fifteen (15) months prior to the date the Term is then scheduled to expire, request Landlord’s estimate of the FMV for the Option term. Landlord shall, within fifteen (15) days after receipt of such request, give Tenant a written proposal of such FMV. If Tenant subsequently gives written notice to exercise the Option, such notice shall specify whether Tenant accepts Landlord’s proposed estimate of FMV. If Tenant does not accept the FMV, then the parties shall endeavor to agree upon the FMV, taking into account all relevant factors, including (a) the size of the Premises, (b) the length of the Option term, (c) rent in comparable buildings in the St. Louisrelevant market, Missouri market. The “then prevailing market rent for comparable office buildings in including concessions offered to new tenants, such as free rent, tenant improvement allowances, leasing commissions and moving allowances, (d) Tenant’s creditworthiness and (e) the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design quality and location of the Leased Premises Building and the rental rates for similar space in Project. In the St. Louis metropolitan market area. The event that the parties shall endeavor in good faith are unable to agree on upon the Base Rent for the Extension Term FMV within sixty thirty (6030) days prior to after Tenant notifies Landlord that Tenant is exercising the applicable renewal dateOption, then either party may request that the same be determined as follows: a senior officer of a nationally recognized leasing brokerage firm with local knowledge of the Seattle laboratory/research and development leasing market (the “Baseball Arbitrator”) shall be selected and paid for jointly by Landlord and Tenant. If Landlord and Tenant are unable to agree on upon the Base Rent for the Extension Term by such dateBaseball Arbitrator, then the Base Rent same shall be determined as hereinafter provided. Within thirty (30) days prior to designated by the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall be a member local chapter of the American Institute of Real Estate AppraisersJudicial Arbitration and Mediation Services or any successor organization thereto (the “JAMS”). The Baseball Arbitrator selected by the parties or designated by JAMS shall (y) with have at least ten (10) years’ experience in the area leasing of laboratory/research and development space in which the Leased Premises are located to determine the then prevailing Seattle market rent of the Leased Premises. If and (z) not have been employed or retained by either Landlord or Tenant does not appoint or any affiliate of either for a licensed appraiser, and such failure continues thereafter for another period of at least ten (10) days after a second written notice from years prior to appointment pursuant hereto. Each of Landlord and Tenant shall submit to the other, Baseball Arbitrator and to the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent other party its determination of the Leased PremisesFMV. If The Baseball Arbitrator shall grant to Landlord and Tenant a hearing and the right to submit evidence. The Baseball Arbitrator shall determine which of the two (2) licensed appraisers are appointed pursuant to this paragraph, they shall meet promptly and attempt to set FMV determinations more closely represents the then prevailing market rent of the Leased Premisesactual FMV. If they are unable to agree within the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal The arbitrator may not select any other FMV for the then prevailing market rent to a third appraiser (selected in the manner set forth below) and the third appraiser shall select Premises other than one of the two submitted appraisal amounts, without any modification, as the then prevailing market rentby Landlord or Tenant. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be FMV selected by the first two appraisers. Baseball Arbitrator shall be binding upon Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally serve as the cost of appointing the third licensed appraiser, if necessary. If the basis for determination of Base Rent payable for the then prevailing market rent Option term. If, as of the Leased Premises is commencement date of the Option term, the amount of Base Rent payable during the Option term shall not completed prior to the renewal datehave been determined, then, pending such determination, Tenant shall continue to pay Base Rent at the rate in effect immediately prior equal to the renewal dateBase Rent payable with respect to the last year of the then-current Term. After the final determination of Base Rent payable for the Option term, and the parties shall promptly account for any rent differential upon determination execute a written amendment to this Lease specifying the amount of Base Rent to be paid during the Option term. Any failure of the then prevailing market rent parties to execute such amendment shall not affect the validity of the Lease Premises. All other terms of FMV determined pursuant to this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termsSection.

Option to Extend Term. Provided Tenant is not in default in any of shall have the terms, conditions or covenants option to extend the term of this Lease either on the date Tenant gives Landlord the renewal notice required herein or at the end for three (3) separate and additional periods of the initial Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for one (1) five (5) year termyears each. Such Each such option to renew must shall be exercised exercisable by giving written notice from Tenant to Landlord at least one hundred eighty six (1806) days months prior to the termination expiration of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenantthen expiring term. If Tenant elects to exercise such renewal option, then such renewal term Base Rent for the Leased Premises for each extension period shall be on 95% of the same terms and conditions as contained Prevailing Market Rate which shall mean the prevailing annual rental rate per square foot of rentable area in this Lease, except that Base Rental shall be the then prevailing market rent for comparable office buildings in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan property's market area. The parties determination of Prevailing Market Rate shall endeavor in good faith to agree on take into consideration the Base Rent for the Extension Term within sixty (60) days prior to the applicable renewal datelack of tenant improvements, no rent concessions, and all other relevant factors. If the Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such date, then the Base Rent shall be determined as hereinafter provided. Within a Prevailing Market Rate within thirty (30) days prior after Tenant's exercise of the option to extend, Tenant may cancel and rescind its exercise of the renewal dateoption. If the Tenant does not rescind them, the Prevailing Market Rate shall be determined by appraisal. Landlord and Tenant shall each shall appoint a licensed real estate appraiser (who shall be a member of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another designate by written notice within ten (10) days after a second written notice from the otherexpiration of said thirty (30) day period, the single licensed name of a qualified appraiser appointed who shall be have at least five (5) years experience relevant to office space in the sole licensed appraiser and shall set the then prevailing market rent area. Each of the Leased Premises. If two (2) licensed appraisers are appointed pursuant shall submit to this paragraph, they shall meet promptly Landlord and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree Tenant within the thirty (30) days after his or her appointment, a written determination of the second licensed appraiser has been appointedPrevailing Market Rate for the applicable option period. If the lower of the two appraisers' determinations is not less than 95% of the other determination, then each party or its appraiser the average of the two determinations shall submit its appraisal for be deemed to be the then prevailing market rent to Prevailing Market Rate. If such is not the case, then the two appraisers shall mutually select a third qualified and impartial appraiser who shall have had at least five (selected 5) years experience relevant to office space in the manner set forth below) and the market area. Such third appraiser shall select one issue a determination of said Prevailing Market Rate within thirty (30) days of his or her appointment. The Prevailing Market Rate shall be the average of the two submitted appraisal amounts, without any modification, as the determinations which are closest. Minimum Rent shall then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent calculated at the rate in effect immediately prior to of 95% of such Prevailing Market Rate. In no case shall the renewal date, and the parties shall promptly account rate for any rent differential upon determination of Option Period be less than the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termsprevious year's rate.

Option to Extend Term. Provided that Tenant is not in default in any Default as of the termstime of exercise of this option and the commencement date of the First Option Period, and provided that as of such date there is no act or omission of Tenant that would become a Default with the passage of time or the giving of notice, Tenant shall have an option ("First Extension Option") to extend the Term of the Lease for the Premises in "as is" condition at the expiration of the original Lease Term for a period ending on September 30, 2005 ("First Option Period"). All of the terms and conditions or covenants of this Lease either except for Base Rent and the provisions of this Paragraph shall be applicable to the First Option Period. Provided that Tenant is not in Default as of the time of exercise of this option and the commencement date of the Section Option Period, that as of said date there is no act or omission of Tenant that would become a Default with the passage of time or the giving of notice, and that Tenant has duly exercised the First Extension Option, Tenant shall have a second option ("Second Extension Option") to extend the Term of the Lease for the Premises in "as is" condition at the expiration of the First Option Period for a period ending on the date Tenant gives Landlord the renewal notice required herein or at the end last day of the initial 120th full calendar month following the original Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for one Commencement Date (1) five (5) year term"Second Option Period"). Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior to the termination All of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term shall be on the same terms and conditions as contained in of this Lease, Lease except that for Base Rental Rent and the provisions of this Paragraph shall be applicable to the Second Option Period. The Base Rent for the Premises under each option shall be the then prevailing current market rent for comparable office buildings facilities in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan proximate South San Francisco market area. The definition of comparable facilities shall incorporate the parking amenities of the Premises, and the Building's location, age, quality, amenities, identity, exterior appearance, interior improvements, and type of construction, excluding laboratory and manufacturing improvements paid for by Tenant. Tenant shall give Landlord written notice of its intent to exercise its option at least twelve (12) but nor more than eighteen (18) months prior to the expiration of the then current Term for the Premises. Within fifteen (15) days after Tenant exercises its option to extend, Landlord shall provide Tenant with the Base Rent, as determined by Landlord, for the Option Period. The parties shall endeavor are obligated to negotiate in good faith to agree on the Base Rent. If the parties have not mutually agreed on the Base Rent within thirty (30) days from notification by Landlord to Tenant of Landlord's determination of Base Rent, each party hereto shall appoint one representative who shall be a licensed real estate broker experienced in the leasing of comparable facilities in the County of San Mateo to act as an arbitrator. The two (2) arbitrators so appointed shall determine the Base Rent for the Extension Term relevant Option Period. The determination of said Base Rent shall be made by said two (2) arbitrators within sixty (60) days prior from notification by Landlord to Tenant of Landlord's determination of Base Rent and they shall submit said determination in writing and signed by said arbitrators in duplicate. One of the applicable renewal date. If written notifications shall be delivered to Landlord and Tenant are unable the other to Tenant. In the event the two (2) arbitrators of the parties hereto cannot agree on the Base Rent for the Extension Term Premises herein, said two (2) arbitrators shall appoint a third arbitrator who shall be a licensed real estate broker experienced in the leasing of comparable facilities in the County of San Mateo, to act as an arbitrator. The Base Rent for the relevant Option Period shall be independently determined by such datethe third of said arbitrators, which said determination shall be made within ninety (90) days from notification by Landlord to Tenant of Landlord's determination of Base Rent. The role of the third arbitrator shall then be to immediately select from the proposed resolution of arbitrators #1 and #2 the one that most closely approximates the third arbitrator's determination of Base Rent. The third arbitrator shall have no right to adopt a compromise or middle ground or any modification of either of the two final proposed resolutions. The resolution that the third arbitrator chooses as most closely approximating his determination of the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to constitute the renewal date, Landlord decision of all arbitrators and Tenant each shall appoint a licensed real estate appraiser (who shall be a member final and binding upon the parties. The parties hereto shall pay the charges of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent arbitrator appointed by it and any expenses incurred by such arbitrator. The charges and expenses of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiserthird arbitrator, and such failure continues thereafter for another ten (10) days after a second written notice from the otheras provided herein, the single licensed appraiser appointed shall be paid by the sole licensed appraiser and shall set parties hereto in equal shares. In the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant event either arbitrator #1 or arbitrator #2 fails to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree present a Base Rent figure within the thirty (30) days after day period, the second licensed appraiser has been appointedBase Rent presented by the other arbitrator shall be considered final and binding on both parties. Notwithstanding anything to the contrary herein contained, then each party or its appraiser shall submit its appraisal for Tenaxx'x xight to extend the then prevailing market rent to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one term by exercise of the two submitted appraisal amounts, without any modification, as foregoing Option shall be conditioned upon the then prevailing market rent. The third appraiser, who must meet all following: (i) at the time of the minimum licensing and experience criteria set forth above, shall be selected by exercise of the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiserOption, and shall split equally at the cost of appointing the third licensed appraiser, if necessary. If the determination time of the then prevailing market rent commencement of the Leased Premises is not completed prior to the renewal dateextended term, Tenant shall continue to pay Base Rent at be in possession of and occupying the rate in effect immediately prior to Premises for the renewal dateconduct of its business therein and the same shall not be occupied by any assignee, subtenant or licensee, and (ii) the parties notice of exercise shall promptly account for any rent differential upon determination constitute a representation and promise by Tenant to Landlord effective as of the then prevailing market rent date of the Lease Premises. All other terms exercise and as of this Lease the date of commencement of the extended term, that Tenant shall remain not assign the same. As used throughout this Lease, any reference to the “lease term”, “term”in whole or in part, or “sublet all of any portion of the Premises, the election to extend the term being for purposes of this Lease” shall also include any and all renewal termsutilizing the Premises for Tenant's purposes in the conduct of Tenaxx'x xusiness therein.

Option to Extend Term. Provided Tenant is not in default in any of Lessee shall have one (1) five-year option to extend the terms, conditions or covenants term of this Lease (the “Extension Options”). Lessee shall be required to give Lessor written notice of its opinion of the fair market annual base rent (“New Annual Rental”) as of the date of the commencement of the term of the Extension Option in question at least twelve (12) months (but not earlier than fifteen (15) months) prior to said commencement date. Within twenty (20) days thereafter, Lessor shall provide to Lessee written notice whether Lessor agrees with Lessee’s opinion of what the New Annual Rental should be or, if not, Lessor’s opinion of New Annual Rental. Within twenty (20) days of receipt from Lessor of that written notice, Lessee shall notify Lessor by written notice whether Lessee wishes to accept Lessor’s determination of New Annual Rental. If Lessee does not accept Lessor’s determination, Lessee shall give Lessor written notice of either (i) Lessee’s then opinion of New Annual Rental, (ii) that Lessee does not wish to exercise the Extension Option, or (iii) that new Annual Rental shall be determined by the arbitration procedure provided below. There shall be no limit on the date Tenant gives Landlord number of written notices either Lessee or Lessor may deliver to the renewal other in their efforts to agree upon the New Annual Rental, except that Lessee must inform Lessor by written notice required herein at least nine (9) months prior to the commencement of the term of the Extension Option in question, whether Lessee elects to (i) accept Lessor’s last determination of New Annual Rental, (ii) not exercise the applicable Extension Option, or (iii) agree to exercise the Extension Option at the end New Annual Rental determined by the arbitration procedure provided below. New Annual Rental shall be the fair market annual rent for the Premises, taking into account the commencement date of the initial Term Option term, the availability of parking and the terms and conditions of this Lease, Landlord hereby grants to Tenant an option to renew this Lease including operating expenses and the Annual Rental which Lessee is then quoting for one (1) five (5) year term. Such option to renew must be exercised by giving written notice to Landlord vacant space in the Office Park and/or at least which Lessor has leased comparable space in the Office Park within the previous one hundred eighty (180) days days. Should there be no comparable vacant space in the Building, the determination may take into account comparable vacant space in office buildings within a three- (3) mile radius of the Premises. The term fair market annual rent shall mean the annual rent and other economic terms (e.g., periodic adjustments, tenant renovations and operating expenses) for that space which would be paid by a willing lessee to a willing lessor, neither of whom is compelled to rent, for a term of five (5) years, but not less than the amount payable during the last month of the term preceding the commencement of the term of the Extension Option in question. All other terms and conditions of the Lease shall remain in effect during the term except that Paragraph(s) 7A Addendum B, and Addendum H, Sections 1-2 of the Lease shall not be effective or enforceable during the extended term(s). In the event that Lessor and Lessee cannot agree on a New Annual Rental and Lessee has provided written notice to Lessor of Lessee’s desire to have New Annual Rental determined through arbitration, the matter shall be submitted for decision to the American Arbitration Association in Palm Beach County, Florida, in accordance with the then rules of said association, and the arbitrators must be licensed commercial real estate brokers (or MAI appraisers) familiar with the Premises and the area within a three (3) mile radius of the Premises. The cost of said Arbitrators shall be paid by Lessor if the decision is that the New Annual Rental (disregarding other economic terms) should be less than 95% of the last amount demanded by Lessor in its notices of New Annual Rent above; shall be paid by Lessee if the decision is that the New Annual Rental (likewise disregarding other economic terms) should be 105% or more of the last amount demanded by Lessor in its notices of New Annual Rent above; and shall be paid equally by Lessor and Lessee if the decision is other than the two alternatives stated above. The arbitration procedure shall not take more than thirty (30) days. However, if the arbitrators have not determined New Annual Rental prior to the termination commencement of the initial Term term of the Extension Option in question, Lessee shall pay the rental rate previously in effect under the Lease, plus a five percent (5%) increase until such time as the arbitrators determine the New Annual Rental. If the arbitration procedure results in an even higher rental rate, Lessee will make up the difference with the next monthly rental payment due. If the arbitration procedure results in a lower rental rate (viz., equal to or greater than the amount payable during the last month of the term preceding the term of the Extension Option in question, but less than the amount paid as a consequence of the aforesaid five percent (5%) increase), Lessee shall receive a credit against its next Monthly Rental payment, and any succeeding monthly payments, if necessary, in an amount equal to the overpayment. Except in connection with a Permitted Assignment, the Extension Options shall be personal to Lessee and may not be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than Lessee, nor shall the Extension Options be assignable separate and apart from this Lease. Lessee shall not have the right to exercise the Extension Options, notwithstanding anything set forth above to the contrary: (1) during the time commencing from the date Lessor gives to Lessee a written notice that Lessee is in default under any provision of this Lease, and once continuing until the default described in said notice is cured; or (2) during the period of time commencing on the day after a notice monetary obligation to exercise Lessor is given it due from Lessee and unpaid and continuing until the obligation is irrevocable paid. The period of time within which the Extension Options may be exercised shall not be extended or enlarged by Tenant. If Tenant elects reason of Lessee’s inability to exercise such renewal option, then such renewal term shall be on the same terms and conditions as contained in this Lease, except that Base Rental shall be the then prevailing market rent for comparable office buildings in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion Extension Options prior to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location satisfaction of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan market area. The parties shall endeavor in good faith to agree on the Base Rent for the Extension Term within sixty (60) days prior to the applicable renewal date. If Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such date, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall be a member of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another ten (10) days after a second written notice from the other, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree within the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one of the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premisesforegoing conditions precedent. All other terms rights of this Lease Lessee to any Extension Options shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, terminate and be of no further force or “term effect if three (3) Events of this Lease” shall also include any and all renewal termsDefault by Lessee have occurred.

Option to Extend Term. All options to extend the term of the Lease Agreement, if any, set forth in the Lease Agreement are hereby deleted in their entirety, including, without limitation, Article 43 of the First Amendment and Section 8 of the Fourth Amendment, and are replaced by the Option to Extend the Term described in this Section 8 of this Fifth Amendment. Provided Tenant is not in has cured any default in any of the termsLease Agreement in the prescribed time and manner described in the Lease Agreement at any time from the time Tenant exercises the applicable option as set forth herein until such time as such extended term commences, conditions or covenants Tenant shall have two (2) options to extend the term (each an “Option to Extend the Term”) of this Lease either on Agreement for an additional period of twelve (12) months each (each an “Additional Extended Term”) immediately following the expiration date Tenant gives Landlord the renewal notice required herein or at the end of the initial Fourth Extended Term of this Leaseand the first Additional Extended Term, Landlord hereby grants to as applicable. To exercise each option, Tenant an option to renew this Lease for one (1) five (5) year term. Such option to renew must be exercised by giving give written notice to Landlord at least one hundred eighty six (1806) days months, but not more than nine (9) months, prior to the termination expiration date of the initial Fourth Extended Term or the first Additional Extended Term, as applicable. Time is agreed to be of the essence with respect to this Lease, and once a notice to exercise is given it is irrevocable by Tenantrequirement. If In the event Tenant elects to exercise effectively exercises each such renewal option, then such renewal term shall be on the same terms and conditions as contained in this Lease, except that annual base rent (“Annual Base Rental Rent”) for the Demised Premises over the applicable Additional Extended Term shall be the then prevailing fair market rent rental rate per rentable square foot of the Demised Premises per annum as determined by Landlord. Landlord shall advise Tenant in writing of the then fair market rental rate for comparable office buildings in the St. LouisDemised Premises. As used herein, Missouri market. The “then prevailing fair market rent for comparable office buildings in rental rate” shall mean the St. Louis, Missouri rental market” means what annual rate per rentable square foot that Landlord could reasonably expect to obtain from a landlord under no compulsion third party desiring to lease the Leased Demised Premises and a new tenant under no compulsion to lease within the Leased Premises would determine as rent Ontario Airport submarket for the Extension applicable Additional Extended Term, taking into considerationaccount all allowances, among other relevant mattersconcessions and commissions. If Tenant accepts Landlord’s statement of such fair market rental rate in writing within thirty (30) days of receipt of Landlord’s statement of the same, the use permitted under Base Taxes and Base Operating Costs during the Leaseapplicable Additional Extended Term shall be the actual Taxes and Operating Costs for calendar year two thousand nine (2010) for the first Additional Extended Term, and for calendar year two thousand eleven (2011) for the qualitysecond Additional Extended Term. If Tenant objects to the fair market rental rate submitted by Landlord within such thirty day period, size, design Landlord and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan market area. The parties shall endeavor Tenant will attempt in good faith to agree on the Base Rent for the Extension Term within sixty (60) days prior to the applicable renewal dateupon such fair market rental rate using their best good faith efforts. If Landlord and Tenant are unable fail to agree reach agreement on the Base Rent for the Extension Term by such datefair market rental rate within fifteen (15) days thereafter, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall be a member of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another ten (10) days after a second may terminate the applicable Option to Extend the Term upon written notice from to the otherother party. Each Option to Extend the Term may only be exercised as to the entire Demised Premises and any attempt to exercise an Option to Extend the Term as to any portion of the Demised Premises, but not as to the single licensed appraiser appointed entire Demised Premises, shall be null and void. The second Option to Extend the sole licensed appraiser Term shall be null and void unless Tenant has validly exercised the first Option to Extend the Term. Each Option to Extend the Term shall be personal to the original Tenant hereunder named Kaiser Venture, LLC and shall set be immediately null and void and of no effect if such original Tenant assigns the then prevailing market rent Lease Agreement with or without Landlord’s consent in accordance with Article VI of the Leased PremisesLease Agreement. If two (2) licensed appraisers are appointed pursuant to Except as otherwise provided in this paragraphArticle, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree within the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one of the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing covenants, terms and experience criteria set forth aboveconditions of this Lease Agreement shall apply in full force and effect during each Additional Extended Term except that (i) any financial incentives; (ii) any construction work; (iii) any options to reduce, extend, expand, terminate; and (iv) any rights of first refusal, offer or negotiation previously provided to Tenant shall not be selected by applicable to each Additional Extended Term. Prior to the first two appraisers. day of each Additional Extended Term, Landlord shall prepare and Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior execute an amendment to the renewal date, Tenant shall continue to pay Base Rent at Lease Agreement for the rate in effect immediately prior to purpose of confirming the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termsabove.