Common use of Remedy for Improper Drafts Clause in Contracts

Remedy for Improper Drafts. Tenant’s sole remedy in connection with the improper draw, presentment or payment related to the L-C, or Landlord’s use or application of any L-C Proceeds, shall be the right to obtain from Landlord a refund of any L-C Proceeds that were actually received by Landlord and improperly used or applied under this Letter of Credit Rider, together with interest at the Interest Rate and reasonable actual out-of-pocket attorneys’ fees, provided that at the time of such refund, Tenant, to the extent otherwise required pursuant to this Letter of Credit Rider, first increases the amount of such L-C to the amount (if any) then required under the applicable provisions of the Lease or provide a Landlord with a replacement letter of credit in the L-C Amount then in effect that complies in full with all the terms and conditions of the Lease. Tenant acknowledges that the presentment of sight drafts drawn under any L-C or any demand for payment under the L-C, or the Bank’s payment of sight drafts or demands for payment drawn under the L-C, could not under any circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Interest Rate from the next installment(s) of Base Rent. ISSUING BANK: SWIFT: BOFAUS3N BENEFICIARY: C/O Healthpeak OP, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Franklin, TN 37067 Attn: Legal Department APPLICANT: ENCARDA THERAPEUTICS, INC. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, #▇ SOUTH SAN FRANCISCO, CALIFORNIA 94080 AMOUNT: USD413,344.50 (FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 U.S. DOLLARS) EXPIRATION DATE: 12 MONTHS FROM ISSUANCE WE HEREBY ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT NO. ————— IN YOUR FAVOR, FOR THE ACCOUNT OF THE APPLICANT, EFFECTIVE IMMEDIATELY, FOR A SUM NOT EXCEEDING FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 U.S. DOLLARS (USD413,344.50) WHICH EXPIRES ON ———— AT OUR OFFICE AND AVAILABLE BY YOUR DRAFT(S) DRAWN ON US AT SIGHT, IN THE FORM OF EXHIBIT “A” ATTACHED AND ACCOMPANIED BY THE FOLLOWING DOCUMENT. 1. BENEFICIARY’S DATED AND SIGNED STATEMENT, STATING ANY ONE OF THE FOLLOWING WITH INSTRUCTIONS IN BRACKETS THEREIN COMPLETED: “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY, EITHER (A) UNDER THE LEASE (DEFINED BELOW), OR (B) AS A RESULT OF THE TERMINATION OF SUCH LEASE HAS THE RIGHT TO DRAW DOWN THE AMOUNT OF USD ———— IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), OR SUCH AMOUNT CONSTITUTES DAMAGES OWING BY THE TENANT TO THE BENEFICIARY RESULTING FROM THE BREACH OF SUCH LEASE, AND SUCH AMOUNT REMAINS UNPAID AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY HAS RECEIVED A WRITTEN NOTICE OF BANK OF AMERICA, N.A.’S ELECTION NOT TO EXTEND ITS STANDBY LETTER OF CREDIT NO. ———— AND LESS THAN SIXTY (60) DAYS REMAIN PRIOR TO THE EXPIRATION OF SUCH LETTER OF CREDIT.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———--AS A RESULT OF THE FILING OF A VOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR STATE BANKRUPTCY CODE BY TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS A RESULT OF THE FILING OF AN INVOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR A STATE BANKRUPTCY CODE AGAINST THE TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS THE RESULT OF THE REJECTION OR DEEMED REJECTION, OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), UNDER SECTION 365 OF THE U.S. BANKRUPTCY CODE.” PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE ALLOWED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR PERIOD (S) OF ONE YEAR EACH FROM THE CURRENT EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER AT THE ABOVE LISTED ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. HOWEVER, IN NO EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND FEBRUARY 28, 2029. ANY SUCH NOTICE SHALL BE EFFECTIVE WHEN SENT BY US AND UPON SUCH NOTICE TO YOU, YOU MAY DRAW AT ANY TIME PRIOR TO THE THEN CURRENT EXPIRATION DATE, UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER, AGAINST YOUR DRAFT (S) DRAWN ON US AT SIGHT ACCOMPANIED BY YOUR STATEMENT, SIGNED AND DATED BY AN AUTHORIZED SIGNATORY, STATED ABOVE. THIS LETTER OF CREDIT IS TRANSFERABLE IN FULL AND NOT IN PART. ANY TRANSFER MADE HEREUNDER MUST CONFORM STRICTLY TO THE TERMS HEREOF AND TO THE CONDITIONS OF RULE 6 OF THE INTERNATIONAL STANDBY PRACTICES (ISP98) FIXED BY THE INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 590. SHOULD YOU WISH TO EFFECT A TRANSFER UNDER THIS CREDIT, SUCH TRANSFER WILL BE SUBJECT TO THE RETURN TO US OF THE ORIGINAL CREDIT INSTRUMENT, ACCOMPANIED BY OUR FORM OF TRANSFER, PROPERLY COMPLETED AND SIGNED BY AN AUTHORIZED SIGNATORY OF YOUR FIRM, BEARING YOUR BANKERS STAMP AND SIGNATURE AUTHENTICATION. ALL CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. SUCH TRANSFER FORM IS ATTACHED AS EXHIBIT “B”. PRESENTATION OF SUCH DRAFT (S) AND DOCUMENT (S) MAY BE MADE AT OUR OFFICE LOCATED AT BANK OF AMERICA, N.A., ▇ ▇▇▇▇▇ ▇▇▇, ▇▇: ▇▇▇-▇▇▇-02-30, SCRANTON, PA 18507-1999, BY OVERNIGHT COURIER, OR BY TELECOPY TO FACSIMILE NO. ▇▇▇-▇▇▇-▇▇▇▇, CONFIRMED BY TELEPHONE TO ▇▇▇-▇▇▇-▇▇▇▇. IF PRESENTED BY FAX, DOCUMENTS ARE NOT REQUIRED TO BE SENT BY COURIER. WE HEREBY AGREE WITH YOU THAT DRAFT (S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT SHALL BE DULY HONORED UPON DUE PRESENTATION TO US ON OR BEFORE THE EXPIRATION DATE OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE OF THIS LETTER OF CREDIT. IN THE EVENT THAT THE ORIGINAL OF THIS STANDBY LETTER OF CREDIT IS LOST, STOLEN, MUTILATED, OR OTHERWISE DESTROYED, WE HEREBY AGREE TO ISSUE A CERTIFIED TRUE COPY OF THE ORIGINAL HEREOF UPON RECEIPT OF A WRITTEN INDEMNIFICATION FORM ACCEPTABLE TO US (SUCH FORM IS AVAILABLE UPON REQUEST). IF DEMAND FOR PAYMENT IS MADE BY 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE SECOND BUSINESS DAY, IF DEMAND FOR PAYMENT IS MADE AFTER 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE THIRD BUSINESS DAY. AS USED IN THIS LETTER OF CREDIT “BUSINESS DAY” SHALL MEAN ANY DAY OTHER THAN A SATURDAY, SUNDAY OR A DAY ON WHICH BANKING INSTITUTIONS IN PENNSYLVANIA ARE REQUIRED OR AUTHORIZED TO CLOSE. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (ISP98), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION PLEASE CALL ▇▇▇-▇▇▇-▇▇▇▇. BANK OF AMERICA, N.A. AUTHORIZED SIGNATURE DATE: NAME: TITLE: USD: DATE: AT SIGHT PAY TO THE ORDER OF ——————— (AMOUNT IN WORDS) US DOLLARS DRAWN UNDER BANK OF AMERICA IRREVOCABLE LETTER OF CREDIT NO. ——————- DATED —————. TO: BANK OF AMERICA ▇ ▇▇▇▇▇ ▇▇▇ SCRANTON, PA 18507-1999 ATTN: GLOBAL TRADE OPERATIONS BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE BACK OF DRAFT BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE HCP OYSTER POINT III, LLC, a Delaware limited liability company, 1. PREMISES, BUILDING, PROJECT, AND COMMON AREAS 5 2. LEASE TERM; OPTION TERM 12 3. BASE RENT 16 4. ADDITIONAL RENT 16 5. USE OF PREMISES 26 6. SERVICES AND UTILITIES 33 7. REPAIRS 36 8. ADDITIONS AND ALTERATIONS 37 9. COVENANT AGAINST LIENS 39 10. INSURANCE 40 11. DAMAGE AND DESTRUCTION 43 12. NONWAIVER 45 13. CONDEMNATION 45 14. ASSIGNMENT AND SUBLETTING 46 15. SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES 51 16. HOLDING OVER 53 17. ESTOPPEL CERTIFICATES; FINANCIAL STATEMENTS 54 18. SUBORDINATION 54 19. DEFAULTS; REMEDIES 55 20. COVENANT OF QUIET ENJOYMENT 60 21. INTENTIONALLY OMITTED 60 22. COMMUNICATIONS AND COMPUTER LINES 60 23. SIGNS 60 24. COMPLIANCE WITH LAW 61 25. LATE CHARGES 62

Remedy for Improper Drafts. Tenant’s sole remedy in connection with the improper draw, presentment or payment related to the L-C, or Landlord’s use or application of sight drafts drawn under any L-C Proceeds, shall be the right to obtain from Landlord a refund of the amount of any L-C Proceeds sight drafts that were actually received by Landlord and improperly used presented or applied under this Letter the proceeds of Credit Riderwhich were misapplied, together with interest at the Interest Rate (as defined below) and reasonable actual out-of-pocket attorneys’ fees, provided that at the time of such refund, Tenant, to the extent otherwise required pursuant to this Letter of Credit Rider, first Tenant increases the amount of such L-C to the amount (if any) then required under the applicable provisions of the Lease or provide a Landlord with a replacement letter of credit in the L-C Amount then in effect that complies in full with all the terms and conditions of the Lease, as amended. Tenant acknowledges that the presentment of sight drafts drawn under any L-C or any demand for payment under the L-C, or the Bank’s payment of sight drafts or demands for payment drawn under the such L-C, could not under any circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid during any period prior to the date this Lease is terminated, and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Interest Rate from the next installment(s) installment of Base Rent, provided that the foregoing shall not be deemed to limit the right of Tenant to recover such amount from Landlord if the Lease has been terminated. ISSUING BANK: SWIFT: BOFAUS3N BENEFICIARY: C/O Healthpeak OPFor purposes of this Section 22, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Franklin, TN 37067 Attn: Legal Department APPLICANT: ENCARDA THERAPEUTICS, INC. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, #▇ SOUTH SAN FRANCISCO, CALIFORNIA 94080 AMOUNT: USD413,344.50 the “Interest Rate” shall be an annual rate equal to the lesser of (FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 U.S. DOLLARSi) EXPIRATION DATE: 12 MONTHS FROM ISSUANCE WE HEREBY ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT NO. ————— IN YOUR FAVOR, FOR THE ACCOUNT OF THE APPLICANT, EFFECTIVE IMMEDIATELY, FOR A SUM NOT EXCEEDING FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 U.S. DOLLARS (USD413,344.50) WHICH EXPIRES ON ———— AT OUR OFFICE AND AVAILABLE BY YOUR DRAFT(S) DRAWN ON US AT SIGHT, IN THE FORM OF EXHIBIT the annual “ABank Prime Loan” ATTACHED AND ACCOMPANIED BY THE FOLLOWING DOCUMENT. 1. BENEFICIARY’S DATED AND SIGNED STATEMENT, STATING ANY ONE OF THE FOLLOWING WITH INSTRUCTIONS IN BRACKETS THEREIN COMPLETED: “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY, EITHER (A) UNDER THE LEASE (DEFINED BELOWrate cited in the Federal Reserve Statistical Release Publication H.15(519), OR published weekly (B) AS A RESULT OF THE TERMINATION OF SUCH LEASE HAS THE RIGHT TO DRAW DOWN THE AMOUNT OF USD ———— IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH LEASEor such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published), AS THE SAME MAY HAVE BEEN AMENDED plus four (COLLECTIVELY4) percentage points, THE “LEASE”), OR SUCH AMOUNT CONSTITUTES DAMAGES OWING BY THE TENANT TO THE BENEFICIARY RESULTING FROM THE BREACH OF SUCH LEASE, AND SUCH AMOUNT REMAINS UNPAID AT THE TIME OF THIS DRAWINGand (ii) the highest rate permitted by applicable law.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY HAS RECEIVED A WRITTEN NOTICE OF BANK OF AMERICA, N.A.’S ELECTION NOT TO EXTEND ITS STANDBY LETTER OF CREDIT NO. ———— AND LESS THAN SIXTY (60) DAYS REMAIN PRIOR TO THE EXPIRATION OF SUCH LETTER OF CREDIT.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———--AS A RESULT OF THE FILING OF A VOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR STATE BANKRUPTCY CODE BY TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS A RESULT OF THE FILING OF AN INVOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR A STATE BANKRUPTCY CODE AGAINST THE TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS THE RESULT OF THE REJECTION OR DEEMED REJECTION, OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), UNDER SECTION 365 OF THE U.S. BANKRUPTCY CODE.” PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE ALLOWED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR PERIOD (S) OF ONE YEAR EACH FROM THE CURRENT EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER AT THE ABOVE LISTED ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. HOWEVER, IN NO EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND FEBRUARY 28, 2029. ANY SUCH NOTICE SHALL BE EFFECTIVE WHEN SENT BY US AND UPON SUCH NOTICE TO YOU, YOU MAY DRAW AT ANY TIME PRIOR TO THE THEN CURRENT EXPIRATION DATE, UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER, AGAINST YOUR DRAFT (S) DRAWN ON US AT SIGHT ACCOMPANIED BY YOUR STATEMENT, SIGNED AND DATED BY AN AUTHORIZED SIGNATORY, STATED ABOVE. THIS LETTER OF CREDIT IS TRANSFERABLE IN FULL AND NOT IN PART. ANY TRANSFER MADE HEREUNDER MUST CONFORM STRICTLY TO THE TERMS HEREOF AND TO THE CONDITIONS OF RULE 6 OF THE INTERNATIONAL STANDBY PRACTICES (ISP98) FIXED BY THE INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 590. SHOULD YOU WISH TO EFFECT A TRANSFER UNDER THIS CREDIT, SUCH TRANSFER WILL BE SUBJECT TO THE RETURN TO US OF THE ORIGINAL CREDIT INSTRUMENT, ACCOMPANIED BY OUR FORM OF TRANSFER, PROPERLY COMPLETED AND SIGNED BY AN AUTHORIZED SIGNATORY OF YOUR FIRM, BEARING YOUR BANKERS STAMP AND SIGNATURE AUTHENTICATION. ALL CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. SUCH TRANSFER FORM IS ATTACHED AS EXHIBIT “B”. PRESENTATION OF SUCH DRAFT (S) AND DOCUMENT (S) MAY BE MADE AT OUR OFFICE LOCATED AT BANK OF AMERICA, N.A., ▇ ▇▇▇▇▇ ▇▇▇, ▇▇: ▇▇▇-▇▇▇-02-30, SCRANTON, PA 18507-1999, BY OVERNIGHT COURIER, OR BY TELECOPY TO FACSIMILE NO. ▇▇▇-▇▇▇-▇▇▇▇, CONFIRMED BY TELEPHONE TO ▇▇▇-▇▇▇-▇▇▇▇. IF PRESENTED BY FAX, DOCUMENTS ARE NOT REQUIRED TO BE SENT BY COURIER. WE HEREBY AGREE WITH YOU THAT DRAFT (S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT SHALL BE DULY HONORED UPON DUE PRESENTATION TO US ON OR BEFORE THE EXPIRATION DATE OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE OF THIS LETTER OF CREDIT. IN THE EVENT THAT THE ORIGINAL OF THIS STANDBY LETTER OF CREDIT IS LOST, STOLEN, MUTILATED, OR OTHERWISE DESTROYED, WE HEREBY AGREE TO ISSUE A CERTIFIED TRUE COPY OF THE ORIGINAL HEREOF UPON RECEIPT OF A WRITTEN INDEMNIFICATION FORM ACCEPTABLE TO US (SUCH FORM IS AVAILABLE UPON REQUEST). IF DEMAND FOR PAYMENT IS MADE BY 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE SECOND BUSINESS DAY, IF DEMAND FOR PAYMENT IS MADE AFTER 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE THIRD BUSINESS DAY. AS USED IN THIS LETTER OF CREDIT “BUSINESS DAY” SHALL MEAN ANY DAY OTHER THAN A SATURDAY, SUNDAY OR A DAY ON WHICH BANKING INSTITUTIONS IN PENNSYLVANIA ARE REQUIRED OR AUTHORIZED TO CLOSE. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (ISP98), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION PLEASE CALL ▇▇▇-▇▇▇-▇▇▇▇. BANK OF AMERICA, N.A. AUTHORIZED SIGNATURE DATE: NAME: TITLE: USD: DATE: AT SIGHT PAY TO THE ORDER OF ——————— (AMOUNT IN WORDS) US DOLLARS DRAWN UNDER BANK OF AMERICA IRREVOCABLE LETTER OF CREDIT NO. ——————- DATED —————. TO: BANK OF AMERICA ▇ ▇▇▇▇▇ ▇▇▇ SCRANTON, PA 18507-1999 ATTN: GLOBAL TRADE OPERATIONS BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE BACK OF DRAFT BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE HCP OYSTER POINT III, LLC, a Delaware limited liability company, 1. PREMISES, BUILDING, PROJECT, AND COMMON AREAS 5 2. LEASE TERM; OPTION TERM 12 3. BASE RENT 16 4. ADDITIONAL RENT 16 5. USE OF PREMISES 26 6. SERVICES AND UTILITIES 33 7. REPAIRS 36 8. ADDITIONS AND ALTERATIONS 37 9. COVENANT AGAINST LIENS 39 10. INSURANCE 40 11. DAMAGE AND DESTRUCTION 43 12. NONWAIVER 45 13. CONDEMNATION 45 14. ASSIGNMENT AND SUBLETTING 46 15. SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES 51 16. HOLDING OVER 53 17. ESTOPPEL CERTIFICATES; FINANCIAL STATEMENTS 54 18. SUBORDINATION 54 19. DEFAULTS; REMEDIES 55 20. COVENANT OF QUIET ENJOYMENT 60 21. INTENTIONALLY OMITTED 60 22. COMMUNICATIONS AND COMPUTER LINES 60 23. SIGNS 60 24. COMPLIANCE WITH LAW 61 25. LATE CHARGES 62

Remedy for Improper Drafts. Tenant’s 's sole remedy in connection with the improper draw, presentment or payment related to the L-C, or Landlord’s use or application of any L-C Proceeds, shall be the right to obtain from Landlord a refund of any L-C Proceeds that were actually received by Landlord and improperly used or applied under this Letter of Credit RiderArticle 21, together with interest at the Interest Rate and reasonable actual out-of-pocket attorneys’ ' fees, provided that at the time of such refund, Tenant, to the extent otherwise required pursuant to this Letter of Credit Rider, Tenant first increases the amount of such L-C to the amount (if any) then required under the applicable provisions of the this Lease or provide a Landlord with a replacement letter of credit in the L-C Amount then in effect that complies in full with all the terms and conditions of the this Lease. Tenant acknowledges that the presentment of sight drafts drawn under any L-C or any demand for payment under the L-C, or the Bank’s 's payment of sight drafts or demands for payment drawn under the L-C, could not under any ▇▇▇▇-▇▇▇▇-▇▇▇▇.7371310.00016/10-2-23/gjn/gjn -39- [Britannia Oyster Point][Pliant Therapeutics] circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Interest Rate from the next installment(s) of Base Rent. ISSUING BANK: SWIFT: BOFAUS3N BENEFICIARY: C/O Healthpeak OP, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Franklin, TN 37067 Attn: Legal Department APPLICANT: ENCARDA THERAPEUTICS, INC. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, #▇ SOUTH SAN FRANCISCO, CALIFORNIA 94080 AMOUNT: USD413,344.50 (FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 U.S. DOLLARS) EXPIRATION DATE: 12 MONTHS FROM ISSUANCE WE HEREBY ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT NO. ————— IN YOUR FAVOR, FOR THE ACCOUNT OF THE APPLICANT, EFFECTIVE IMMEDIATELY, FOR A SUM NOT EXCEEDING FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 U.S. DOLLARS (USD413,344.50) WHICH EXPIRES ON ———— AT OUR OFFICE AND AVAILABLE BY YOUR DRAFT(S) DRAWN ON US AT SIGHT, IN THE FORM OF EXHIBIT “A” ATTACHED AND ACCOMPANIED BY THE FOLLOWING DOCUMENT. 1. BENEFICIARY’S DATED AND SIGNED STATEMENT, STATING ANY ONE OF THE FOLLOWING WITH INSTRUCTIONS IN BRACKETS THEREIN COMPLETED: “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY, EITHER (A) UNDER THE LEASE (DEFINED BELOW), OR (B) AS A RESULT OF THE TERMINATION OF SUCH LEASE HAS THE RIGHT TO DRAW DOWN THE AMOUNT OF USD ———— IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), OR SUCH AMOUNT CONSTITUTES DAMAGES OWING BY THE TENANT TO THE BENEFICIARY RESULTING FROM THE BREACH OF SUCH LEASE, AND SUCH AMOUNT REMAINS UNPAID AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY HAS RECEIVED A WRITTEN NOTICE OF BANK OF AMERICA, N.A.’S ELECTION NOT TO EXTEND ITS STANDBY LETTER OF CREDIT NO. ———— AND LESS THAN SIXTY (60) DAYS REMAIN PRIOR TO THE EXPIRATION OF SUCH LETTER OF CREDIT.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———--AS A RESULT OF THE FILING OF A VOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR STATE BANKRUPTCY CODE BY TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS A RESULT OF THE FILING OF AN INVOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR A STATE BANKRUPTCY CODE AGAINST THE TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS THE RESULT OF THE REJECTION OR DEEMED REJECTION, OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), UNDER SECTION 365 OF THE U.S. BANKRUPTCY CODE.” PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE ALLOWED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR PERIOD (S) OF ONE YEAR EACH FROM THE CURRENT EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER AT THE ABOVE LISTED ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. HOWEVER, IN NO EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND FEBRUARY 28, 2029. ANY SUCH NOTICE SHALL BE EFFECTIVE WHEN SENT BY US AND UPON SUCH NOTICE TO YOU, YOU MAY DRAW AT ANY TIME PRIOR TO THE THEN CURRENT EXPIRATION DATE, UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER, AGAINST YOUR DRAFT (S) DRAWN ON US AT SIGHT ACCOMPANIED BY YOUR STATEMENT, SIGNED AND DATED BY AN AUTHORIZED SIGNATORY, STATED ABOVE. THIS LETTER OF CREDIT IS TRANSFERABLE IN FULL AND NOT IN PART. ANY TRANSFER MADE HEREUNDER MUST CONFORM STRICTLY TO THE TERMS HEREOF AND TO THE CONDITIONS OF RULE 6 OF THE INTERNATIONAL STANDBY PRACTICES (ISP98) FIXED BY THE INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 590. SHOULD YOU WISH TO EFFECT A TRANSFER UNDER THIS CREDIT, SUCH TRANSFER WILL BE SUBJECT TO THE RETURN TO US OF THE ORIGINAL CREDIT INSTRUMENT, ACCOMPANIED BY OUR FORM OF TRANSFER, PROPERLY COMPLETED AND SIGNED BY AN AUTHORIZED SIGNATORY OF YOUR FIRM, BEARING YOUR BANKERS STAMP AND SIGNATURE AUTHENTICATION. ALL CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. SUCH TRANSFER FORM IS ATTACHED AS EXHIBIT “B”. PRESENTATION OF SUCH DRAFT (S) AND DOCUMENT (S) MAY BE MADE AT OUR OFFICE LOCATED AT BANK OF AMERICA, N.A., ▇ ▇▇▇▇▇ ▇▇▇, ▇▇: ▇▇▇-▇▇▇-02-30, SCRANTON, PA 18507-1999, BY OVERNIGHT COURIER, OR BY TELECOPY TO FACSIMILE NO. ▇▇▇-▇▇▇-▇▇▇▇, CONFIRMED BY TELEPHONE TO ▇▇▇-▇▇▇-▇▇▇▇. IF PRESENTED BY FAX, DOCUMENTS ARE NOT REQUIRED TO BE SENT BY COURIER. WE HEREBY AGREE WITH YOU THAT DRAFT (S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT SHALL BE DULY HONORED UPON DUE PRESENTATION TO US ON OR BEFORE THE EXPIRATION DATE OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE OF THIS LETTER OF CREDIT. IN THE EVENT THAT THE ORIGINAL OF THIS STANDBY LETTER OF CREDIT IS LOST, STOLEN, MUTILATED, OR OTHERWISE DESTROYED, WE HEREBY AGREE TO ISSUE A CERTIFIED TRUE COPY OF THE ORIGINAL HEREOF UPON RECEIPT OF A WRITTEN INDEMNIFICATION FORM ACCEPTABLE TO US (SUCH FORM IS AVAILABLE UPON REQUEST). IF DEMAND FOR PAYMENT IS MADE BY 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE SECOND BUSINESS DAY, IF DEMAND FOR PAYMENT IS MADE AFTER 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE THIRD BUSINESS DAY. AS USED IN THIS LETTER OF CREDIT “BUSINESS DAY” SHALL MEAN ANY DAY OTHER THAN A SATURDAY, SUNDAY OR A DAY ON WHICH BANKING INSTITUTIONS IN PENNSYLVANIA ARE REQUIRED OR AUTHORIZED TO CLOSE. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (ISP98), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION PLEASE CALL ▇▇▇-▇▇▇-▇▇▇▇. BANK OF AMERICA, N.A. AUTHORIZED SIGNATURE DATE: NAME: TITLE: USD: DATE: AT SIGHT PAY TO THE ORDER OF ——————— (AMOUNT IN WORDS) US DOLLARS DRAWN UNDER BANK OF AMERICA IRREVOCABLE LETTER OF CREDIT NO. ——————- DATED —————. TO: BANK OF AMERICA ▇ ▇▇▇▇▇ ▇▇▇ SCRANTON, PA 18507-1999 ATTN: GLOBAL TRADE OPERATIONS BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE BACK OF DRAFT BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE HCP OYSTER POINT III, LLC, a Delaware limited liability company, 1. PREMISES, BUILDING, PROJECT, AND COMMON AREAS 5 2. LEASE TERM; OPTION TERM 12 3. BASE RENT 16 4. ADDITIONAL RENT 16 5. USE OF PREMISES 26 6. SERVICES AND UTILITIES 33 7. REPAIRS 36 8. ADDITIONS AND ALTERATIONS 37 9. COVENANT AGAINST LIENS 39 10. INSURANCE 40 11. DAMAGE AND DESTRUCTION 43 12. NONWAIVER 45 13. CONDEMNATION 45 14. ASSIGNMENT AND SUBLETTING 46 15. SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES 51 16. HOLDING OVER 53 17. ESTOPPEL CERTIFICATES; FINANCIAL STATEMENTS 54 18. SUBORDINATION 54 19. DEFAULTS; REMEDIES 55 20. COVENANT OF QUIET ENJOYMENT 60 21. INTENTIONALLY OMITTED 60 22. COMMUNICATIONS AND COMPUTER LINES 60 23. SIGNS 60 24. COMPLIANCE WITH LAW 61 25. LATE CHARGES 62

Remedy for Improper Drafts. Tenant’s sole and exclusive remedy in connection with the ▇▇▇▇▇▇▇▇’s improper draw, presentment or payment related to draw against the L-C, C or Landlord’s use improper application or application retention of any proceeds of the L-C Proceeds, shall be the right to obtain from Landlord a refund of the amount of any L-C Proceeds sight draft(s) that were actually received by Landlord and improperly used presented or applied under this Letter the -43- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Inc. proceeds of Credit Riderwhich were misapplied or wrongfully held, together with interest at the Interest Rate and reasonable actual out-of-pocket attorneys’ fees, provided that at the time of such refund, Tenant, to the extent otherwise required pursuant to this Letter of Credit Rider, first Tenant increases the amount of such L-C to the amount (if any) then required under the applicable provisions of the Lease this Lease. Tenant irrevocably waives any right to secondary, incidental, indirect or provide a Landlord with a replacement letter of credit consequential damages in any way related to Landlord’s draw on the L-C Amount then in effect that complies in full with all the terms and conditions of the Lease. C. Tenant acknowledges that the presentment of sight drafts drawn under any L-C or any demand for payment under ▇▇▇▇▇▇▇▇’s draw against the L-C, application or retention of any proceeds thereof, or the Bank’s payment of sight drafts or demands for payment drawn under the such L-C, could not not, under any circumstances circumstances, cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Interest Rate from the next installment(s) of Base Rent. ISSUING BANK: SWIFT: BOFAUS3N BENEFICIARY: C/O Healthpeak OP, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Franklin, TN 37067 Attn: Legal Department APPLICANT: ENCARDA THERAPEUTICS, INC. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, #▇ SOUTH SAN FRANCISCO, CALIFORNIA 94080 AMOUNT: USD413,344.50 (FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 U.S. DOLLARS) EXPIRATION DATE: 12 MONTHS FROM ISSUANCE WE HEREBY ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT NO. ————— IN YOUR FAVOR, FOR THE ACCOUNT OF THE APPLICANT, EFFECTIVE IMMEDIATELY, FOR A SUM NOT EXCEEDING FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 U.S. DOLLARS (USD413,344.50) WHICH EXPIRES ON ———— AT OUR OFFICE AND AVAILABLE BY YOUR DRAFT(S) DRAWN ON US AT SIGHT, IN THE FORM OF EXHIBIT “A” ATTACHED AND ACCOMPANIED BY THE FOLLOWING DOCUMENT. 1. BENEFICIARY’S DATED AND SIGNED STATEMENT, STATING ANY ONE OF THE FOLLOWING WITH INSTRUCTIONS IN BRACKETS THEREIN COMPLETED: “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY, EITHER (A) UNDER THE LEASE (DEFINED BELOW), OR (B) AS A RESULT OF THE TERMINATION OF SUCH LEASE HAS THE RIGHT TO DRAW DOWN THE AMOUNT OF USD ———— IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), OR SUCH AMOUNT CONSTITUTES DAMAGES OWING BY THE TENANT TO THE BENEFICIARY RESULTING FROM THE BREACH OF SUCH LEASE, AND SUCH AMOUNT REMAINS UNPAID AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY HAS RECEIVED A WRITTEN NOTICE OF BANK OF AMERICA, N.A.’S ELECTION NOT TO EXTEND ITS STANDBY LETTER OF CREDIT NO. ———— AND LESS THAN SIXTY (60) DAYS REMAIN PRIOR TO THE EXPIRATION OF SUCH LETTER OF CREDIT.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———--AS A RESULT OF THE FILING OF A VOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR STATE BANKRUPTCY CODE BY TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS A RESULT OF THE FILING OF AN INVOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR A STATE BANKRUPTCY CODE AGAINST THE TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS THE RESULT OF THE REJECTION OR DEEMED REJECTION, OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), UNDER SECTION 365 OF THE U.S. BANKRUPTCY CODE.” PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE ALLOWED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR PERIOD (S) OF ONE YEAR EACH FROM THE CURRENT EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER AT THE ABOVE LISTED ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. HOWEVER, IN NO EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND FEBRUARY 28, 2029. ANY SUCH NOTICE SHALL BE EFFECTIVE WHEN SENT BY US AND UPON SUCH NOTICE TO YOU, YOU MAY DRAW AT ANY TIME PRIOR TO THE THEN CURRENT EXPIRATION DATE, UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER, AGAINST YOUR DRAFT (S) DRAWN ON US AT SIGHT ACCOMPANIED BY YOUR STATEMENT, SIGNED AND DATED BY AN AUTHORIZED SIGNATORY, STATED ABOVE. THIS LETTER OF CREDIT IS TRANSFERABLE IN FULL AND NOT IN PART. ANY TRANSFER MADE HEREUNDER MUST CONFORM STRICTLY TO THE TERMS HEREOF AND TO THE CONDITIONS OF RULE 6 OF THE INTERNATIONAL STANDBY PRACTICES (ISP98) FIXED BY THE INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 590. SHOULD YOU WISH TO EFFECT A TRANSFER UNDER THIS CREDIT, SUCH TRANSFER WILL BE SUBJECT TO THE RETURN TO US OF THE ORIGINAL CREDIT INSTRUMENT, ACCOMPANIED BY OUR FORM OF TRANSFER, PROPERLY COMPLETED AND SIGNED BY AN AUTHORIZED SIGNATORY OF YOUR FIRM, BEARING YOUR BANKERS STAMP AND SIGNATURE AUTHENTICATION. ALL CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. SUCH TRANSFER FORM IS ATTACHED AS EXHIBIT “B”. PRESENTATION OF SUCH DRAFT (S) AND DOCUMENT (S) MAY BE MADE AT OUR OFFICE LOCATED AT BANK OF AMERICA, N.A., ▇ ▇▇▇▇▇ ▇▇▇, ▇▇: ▇▇▇-▇▇▇-02-30, SCRANTON, PA 18507-1999, BY OVERNIGHT COURIER, OR BY TELECOPY TO FACSIMILE NO. ▇▇▇-▇▇▇-▇▇▇▇, CONFIRMED BY TELEPHONE TO ▇▇▇-▇▇▇-▇▇▇▇. IF PRESENTED BY FAX, DOCUMENTS ARE NOT REQUIRED TO BE SENT BY COURIER. WE HEREBY AGREE WITH YOU THAT DRAFT (S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT SHALL BE DULY HONORED UPON DUE PRESENTATION TO US ON OR BEFORE THE EXPIRATION DATE OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE OF THIS LETTER OF CREDIT. IN THE EVENT THAT THE ORIGINAL OF THIS STANDBY LETTER OF CREDIT IS LOST, STOLEN, MUTILATED, OR OTHERWISE DESTROYED, WE HEREBY AGREE TO ISSUE A CERTIFIED TRUE COPY OF THE ORIGINAL HEREOF UPON RECEIPT OF A WRITTEN INDEMNIFICATION FORM ACCEPTABLE TO US (SUCH FORM IS AVAILABLE UPON REQUEST). IF DEMAND FOR PAYMENT IS MADE BY 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE SECOND BUSINESS DAY, IF DEMAND FOR PAYMENT IS MADE AFTER 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE THIRD BUSINESS DAY. AS USED IN THIS LETTER OF CREDIT “BUSINESS DAY” SHALL MEAN ANY DAY OTHER THAN A SATURDAY, SUNDAY OR A DAY ON WHICH BANKING INSTITUTIONS IN PENNSYLVANIA ARE REQUIRED OR AUTHORIZED TO CLOSE. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (ISP98), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION PLEASE CALL ▇▇▇-▇▇▇-▇▇▇▇. BANK OF AMERICA, N.A. AUTHORIZED SIGNATURE DATE: NAME: TITLE: USD: DATE: AT SIGHT PAY TO THE ORDER OF ——————— (AMOUNT IN WORDS) US DOLLARS DRAWN UNDER BANK OF AMERICA IRREVOCABLE LETTER OF CREDIT NO. ——————- DATED —————. TO: BANK OF AMERICA ▇ ▇▇▇▇▇ ▇▇▇ SCRANTON, PA 18507-1999 ATTN: GLOBAL TRADE OPERATIONS BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE BACK OF DRAFT BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE HCP OYSTER POINT III, LLC, a Delaware limited liability company, 1. PREMISES, BUILDING, PROJECT, AND COMMON AREAS 5 2. LEASE TERM; OPTION TERM 12 3. BASE RENT 16 4. ADDITIONAL RENT 16 5. USE OF PREMISES 26 6. SERVICES AND UTILITIES 33 7. REPAIRS 36 8. ADDITIONS AND ALTERATIONS 37 9. COVENANT AGAINST LIENS 39 10. INSURANCE 40 11. DAMAGE AND DESTRUCTION 43 12. NONWAIVER 45 13. CONDEMNATION 45 14. ASSIGNMENT AND SUBLETTING 46 15. SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES 51 16. HOLDING OVER 53 17. ESTOPPEL CERTIFICATES; FINANCIAL STATEMENTS 54 18. SUBORDINATION 54 19. DEFAULTS; REMEDIES 55 20. COVENANT OF QUIET ENJOYMENT 60 21. INTENTIONALLY OMITTED 60 22. COMMUNICATIONS AND COMPUTER LINES 60 23. SIGNS 60 24. COMPLIANCE WITH LAW 61 25. LATE CHARGES 62

Remedy for Improper Drafts. Tenant’s sole remedy in connection with the improper draw, presentment or payment related to the L-C, or Landlord’s use or application of sight drafts drawn under any L-C Proceeds, shall be the right to obtain from Landlord a refund of the amount of any L-C Proceeds sight draft(s) that were actually received by Landlord and improperly used presented or applied under this Letter the proceeds of Credit Riderwhich were misapplied, together with interest at the Interest Default Rate and reasonable actual out-of-pocket attorneys’ fees, provided that at the time of such refund, Tenant, to the extent otherwise required pursuant to this Letter of Credit Rider, first Tenant increases the amount of such L-C to the amount (if any) then required under the applicable provisions of the Lease or provide a Landlord with a replacement letter of credit in the L-C Amount then in effect that complies in full with all the terms and conditions of the Amended Lease. Tenant acknowledges that the presentment of sight drafts drawn under any L-C or any demand for payment under the L-C, or the Bank’s payment of sight drafts or demands for payment drawn under the such L-C, could not under any circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Interest Default Rate from the next installment(s) of Base Rent. ISSUING BANK: FAX NO. [(_____) ______- _____] [Insert Bank Name And Address] SWIFT: BOFAUS3N [insert No., if any] DATE OF ISSUE: BENEFICIARY: C/O Healthpeak OP, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Franklin, TN 37067 Attn: Legal Department [insert Beneficiary Name And Address] APPLICANT: ENCARDA THERAPEUTICS[Insert Applicant Name And Address] LETTER OF CREDIT NO. _______ EXPIRATION DATE: __________ AT OUR COUNTERS AMOUNT AVAILABLE: USD[lnsert Dollar Amount] (U.S. DOLLARS [insert Dollar Amount]) LADIES AND GENTLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.______ IN YOUR FAVOR FOR THE ACCOUNT OF [Insert Tenant’s Name], INC. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇A [Insert Entity Type], #▇ SOUTH SAN FRANCISCO, CALIFORNIA 94080 AMOUNT: USD413,344.50 UP TO THE AGGREGATE AMOUNT OF USD[lnsert Dollar Amount] (FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 [insert Dollar Amount] U.S. DOLLARS) EXPIRATION DATE: 12 MONTHS FROM ISSUANCE WE HEREBY ISSUE EFFECTIVE IMMEDIATELY AND EXPIRING ON (Expiration Date) AVAILABLE BY PAYMENT UPON PRESENTATION OF YOUR DRAFT AT SIGHT DRAWN ON [Insert Bank Name] WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT(S): 1. THE ORIGINAL OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT NO. ————— IN YOUR FAVORAND AMENDMENT(S), FOR THE ACCOUNT OF THE APPLICANT, EFFECTIVE IMMEDIATELY, FOR A SUM NOT EXCEEDING FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED FORTY-FOUR AND 50/100 U.S. DOLLARS (USD413,344.50) WHICH EXPIRES ON ———— AT OUR OFFICE AND AVAILABLE BY YOUR DRAFT(S) DRAWN ON US AT SIGHT, IN THE FORM OF EXHIBIT “A” ATTACHED AND ACCOMPANIED BY THE FOLLOWING DOCUMENTIF ANY. 12. BENEFICIARY’S DATED AND SIGNED STATEMENT, STATING ANY ONE OF THE FOLLOWING WITH INSTRUCTIONS IN BRACKETS THEREIN COMPLETED: “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY, EITHER (A) UNDER THE LEASE (DEFINED BELOW), OR (B) AS A RESULT OF THE TERMINATION OF SUCH LEASE HAS THE RIGHT TO DRAW DOWN THE AMOUNT OF USD ———— IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), OR SUCH AMOUNT CONSTITUTES DAMAGES OWING BY THE TENANT TO THE BENEFICIARY RESULTING FROM THE BREACH OF SUCH LEASE, AND SUCH AMOUNT REMAINS UNPAID AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY HAS RECEIVED A WRITTEN NOTICE OF BANK OF AMERICA, N.A.’S ELECTION NOT TO EXTEND ITS STANDBY LETTER OF CREDIT NO. ———— AND LESS THAN SIXTY (60) DAYS REMAIN PRIOR TO THE EXPIRATION OF SUCH LETTER OF CREDIT.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———--AS A RESULT OF THE FILING OF A VOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR STATE BANKRUPTCY CODE BY TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS A RESULT OF THE FILING OF AN INVOLUNTARY PETITION UNDER THE U.S. BANKRUPTCY CODE OR A STATE BANKRUPTCY CODE AGAINST THE TENANT UNDER THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), WHICH FILING HAS NOT BEEN DISMISSED AT THE TIME OF THIS DRAWING.” OR “THE UNDERSIGNED HEREBY CERTIFIES THAT BENEFICIARY IS ENTITLED TO DRAW DOWN THE FULL AMOUNT OF LETTER OF CREDIT NO. ———— AS THE RESULT OF THE REJECTION OR DEEMED REJECTION, OF THAT CERTAIN OFFICE LEASE DATED ———— BY AND BETWEEN BENEFICIARY AND APPLICANT (OR THE SUCCESSOR-IN-INTEREST TO THE ORIGINAL TENANT OF SUCH OFFICE LEASE), AS THE SAME MAY HAVE BEEN AMENDED (COLLECTIVELY, THE “LEASE”), UNDER SECTION 365 OF THE U.S. BANKRUPTCY CODE.” PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE ALLOWED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR PERIOD (S) OF ONE YEAR EACH FROM THE CURRENT EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER AT THE ABOVE LISTED ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. HOWEVER, IN NO EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND FEBRUARY 28, 2029. ANY SUCH NOTICE SHALL BE EFFECTIVE WHEN SENT BY US AND UPON SUCH NOTICE TO YOU, YOU MAY DRAW AT ANY TIME PRIOR TO THE THEN CURRENT EXPIRATION DATE, UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER, AGAINST YOUR DRAFT (S) DRAWN ON US AT SIGHT ACCOMPANIED BY YOUR STATEMENT, SIGNED AND DATED BY AN AUTHORIZED SIGNATORY, STATED ABOVE. THIS LETTER OF CREDIT IS TRANSFERABLE IN FULL AND NOT IN PART. ANY TRANSFER MADE HEREUNDER MUST CONFORM STRICTLY TO THE TERMS HEREOF AND TO THE CONDITIONS OF RULE 6 OF THE INTERNATIONAL STANDBY PRACTICES (ISP98) FIXED BY THE INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 590. SHOULD YOU WISH TO EFFECT A TRANSFER UNDER THIS CREDIT, SUCH TRANSFER WILL BE SUBJECT TO THE RETURN TO US OF THE ORIGINAL CREDIT INSTRUMENT, ACCOMPANIED BY OUR FORM OF TRANSFER, PROPERLY COMPLETED AND STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED SIGNATORY REPRESENTATIVE OF YOUR FIRM[Insert Landlord’s Name], BEARING YOUR BANKERS STAMP AND SIGNATURE AUTHENTICATION. ALL CHARGES ARE FOR A [Insert Entity Type] (“LANDLORD”) STATING THE ACCOUNT OF THE APPLICANT. SUCH TRANSFER FORM IS ATTACHED AS EXHIBIT “B”. PRESENTATION OF SUCH DRAFT (S) AND DOCUMENT (S) MAY BE MADE AT OUR OFFICE LOCATED AT BANK OF AMERICA, N.A., ▇ ▇▇▇▇▇ ▇▇▇, ▇▇: ▇▇▇-▇▇▇-02-30, SCRANTON, PA 18507-1999, BY OVERNIGHT COURIER, OR BY TELECOPY TO FACSIMILE NO. ▇▇▇-▇▇▇-▇▇▇▇, CONFIRMED BY TELEPHONE TO ▇▇▇-▇▇▇-▇▇▇▇. IF PRESENTED BY FAX, DOCUMENTS ARE NOT REQUIRED TO BE SENT BY COURIER. WE HEREBY AGREE WITH YOU THAT DRAFT (S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT SHALL BE DULY HONORED UPON DUE PRESENTATION TO US ON OR BEFORE THE EXPIRATION DATE OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE OF THIS LETTER OF CREDIT. IN THE EVENT THAT THE ORIGINAL OF THIS STANDBY LETTER OF CREDIT IS LOST, STOLEN, MUTILATED, OR OTHERWISE DESTROYED, WE HEREBY AGREE TO ISSUE A CERTIFIED TRUE COPY OF THE ORIGINAL HEREOF UPON RECEIPT OF A WRITTEN INDEMNIFICATION FORM ACCEPTABLE TO US (SUCH FORM IS AVAILABLE UPON REQUEST). IF DEMAND FOR PAYMENT IS MADE BY 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE SECOND BUSINESS DAY, IF DEMAND FOR PAYMENT IS MADE AFTER 10:00 AM EASTERN TIME IN CONFORMITY WITH THE TERMS AND CONDITIONS HEREOF, PAYMENT SHALL BE MADE TO BENEFICIARY ON THE THIRD BUSINESS DAY. AS USED IN THIS LETTER OF CREDIT “BUSINESS DAY” SHALL MEAN ANY DAY OTHER THAN A SATURDAY, SUNDAY OR A DAY ON WHICH BANKING INSTITUTIONS IN PENNSYLVANIA ARE REQUIRED OR AUTHORIZED TO CLOSE. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (ISP98), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION PLEASE CALL ▇▇▇-▇▇▇-▇▇▇▇. BANK OF AMERICA, N.A. AUTHORIZED SIGNATURE DATE: NAME: TITLE: USD: DATE: AT SIGHT PAY TO THE ORDER OF ——————— (AMOUNT IN WORDS) US DOLLARS DRAWN UNDER BANK OF AMERICA IRREVOCABLE LETTER OF CREDIT NO. ——————- DATED —————. TO: BANK OF AMERICA ▇ ▇▇▇▇▇ ▇▇▇ SCRANTON, PA 18507-1999 ATTN: GLOBAL TRADE OPERATIONS BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE BACK OF DRAFT BENEFICIARY NAME (FILL IN) AUTHORIZED SIGNATURE HCP OYSTER POINT III, LLC, a Delaware limited liability company, 1. PREMISES, BUILDING, PROJECT, AND COMMON AREAS 5 2. LEASE TERM; OPTION TERM 12 3. BASE RENT 16 4. ADDITIONAL RENT 16 5. USE OF PREMISES 26 6. SERVICES AND UTILITIES 33 7. REPAIRS 36 8. ADDITIONS AND ALTERATIONS 37 9. COVENANT AGAINST LIENS 39 10. INSURANCE 40 11. DAMAGE AND DESTRUCTION 43 12. NONWAIVER 45 13. CONDEMNATION 45 14. ASSIGNMENT AND SUBLETTING 46 15. SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES 51 16. HOLDING OVER 53 17. ESTOPPEL CERTIFICATES; FINANCIAL STATEMENTS 54 18. SUBORDINATION 54 19. DEFAULTS; REMEDIES 55 20. COVENANT OF QUIET ENJOYMENT 60 21. INTENTIONALLY OMITTED 60 22. COMMUNICATIONS AND COMPUTER LINES 60 23. SIGNS 60 24. COMPLIANCE WITH LAW 61 25. LATE CHARGES 62FOLLOWING: