Common use of Sublease Premises Clause in Contracts

Sublease Premises. a. Upon the terms and conditions of this Sublease, University hereby subleases to IDC and IDC hereby subleases from University a portion of the Premises under the Master Lease (the “Sublease Premises”), consisting of the laboratory and office space on the 3rd floor of the Building which is delineated in red on Exhibit B attached hereto. For purposes of this Sublease, the Sublease Premises is deemed to contain 11,000 rentable square feet b. In addition, University hereby grants IDC a nonexclusive license to use those certain areas delineated in green on Exhibit B as the “Shared Services Space” and deemed to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly use the Shared Services Space and IDC’s use of the same shall be subject to such reasonable rules and regulations as University may from time to time designate in writing. IDC shall pay University for IDC’s share of the Operating Expenses (as defined under the Master Lease) owing by University for the Shared Services Space under the Master Lease (collectively, the “Share Services Rent”). As of the date of this Sublease, IDC’s share of the Operating Expenses applicable to the Shared Services Space owing under the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months of the Term and thereafter Fifty-Five and 18/100 percent (55.18%). IDC shall have the right to terminate its license of the Shared Services Space at any time upon thirty (30) days prior written notice to University, and upon such termination IDC shall no longer have the right to use such space or the obligation to pay for IDC’s share of the Operating Expenses owing for the same. IDC shall use the Shared Services Space only for such uses as are permitted in the Sublease Premises pursuant to this Sublease. All obligations of IDC with respect to the Sublease Premises shall apply equally to the Shared Services Space with the exception of (a) the economic terms set forth above in this paragraph, (b) IDC’s maintenance and repair obligations, and (c) IDC’s indemnification obligations with respect to the Shared Services Space shall be limited to those matters arising out of the actions of IDC and its employees and invitees of IDC in the Shared Services Space.

Sublease Premises. a. Upon Sublandlord leases to Subtenant and Subtenant hires from Sublandlord the terms sublease premises together with the appurtenances thereto, commonly known and conditions of this Subleasedescribed as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, University hereby subleases to IDC ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ being the entire second floor and IDC hereby subleases from University a portion of the Premises under Cafeteria and associated warehouse and UPS room on the Master Lease first floor (the “Sublease Premises”). The Sublease Premises consists of approximately 42,901 rentable square feet in the Building commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, consisting of the laboratory and office space ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (“Building”). The Sublease Premises is shown on the 3rd floor plan attached hereto as Exhibit B. The warehouse area is indicated with cross-hatch marks on the plan attached hereto as Exhibit B-1. b. Subject to the provisions of the Building which is delineated in red on Exhibit B attached hereto. For purposes Section 3.e below, Sublandlord shall deliver possession of this Sublease, the Sublease Premises to Subtenant in the required condition on May 1, 2005. In the event Sublandlord is deemed unable to contain 11,000 rentable square feet b. In addition, University hereby grants IDC a nonexclusive license to use those certain areas delineated in green on Exhibit B as the “Shared Services Space” and deemed to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly use the Shared Services Space and IDC’s use deliver possession of the same Sublease Premises to Subtenant in the required condition by May 1, 2005 for any reason, then Sublandlord shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable nor shall the term hereof be extended beyond the Sublease Expiration Date specified in the Basic Sublease Information, but the Rent Commencement Date for the Sublease Premises, shall be subject delayed one day for each day of delay until Sublandlord has delivered the Sublease Premises to such reasonable rules and regulations as University may from time to time designate Subtenant in writingthe required condition. IDC shall pay University for IDC’s share In the event the term of this Sublease commences after the Operating Expenses (as defined under Sublease Commencement Date specified in the Master Lease) owing by University for the Shared Services Space under the Master Lease (collectivelyBasic Sublease Information, the “Share Services Rent”). As of the expiration date of this SubleaseSublease shall continue to be the Sublease Expiration Date specified in the Basic Sublease Information, IDC’s share and the term of the Operating Expenses applicable to the Shared Services Space owing under the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months of the Term and thereafter Fifty-Five and 18/100 percent (55.18%). IDC Sublease shall have the right to terminate its license of the Shared Services Space at any time upon thirty (30) days prior written notice to University, and upon such termination IDC shall no longer have the right to use such space or the obligation to pay for IDC’s share of the Operating Expenses owing be adjusted accordingly. c. Except for the same. IDC shall use the Shared Services Space only for such uses following items which are to be performed by Sublandlord as are permitted set forth in this Section 1.c below, Subtenant is taking possession of the Sublease Premises pursuant in its “as is” condition, and Sublandlord shall have no obligation hereunder to make, install, remodel or alter any tenant improvement for the benefit of Subtenant to enter into this Sublease. All obligations of IDC with respect Sublease or otherwise make or perform any repairs, renewals or replacements to the Sublease Premises shall apply equally as an inducement to Subtenant to enter into this Sublease or as a condition precedent to the Shared Services Space with the exception effectiveness of (a) the economic terms set forth above in this paragraph, (b) IDC’s maintenance Sublease: 1. Carpets cleaned; 2. Walls patched and repair obligations, and (c) IDC’s indemnification obligations with respect to the Shared Services Space shall be limited to those matters arising out of the actions of IDC and its employees and invitees of IDC in the Shared Services Space.paint touched up; and

Sublease Premises. a. Upon (a) Sublandlord hereby leases to Subtenant and Subtenant hires from Sublandlord that certain portion of the terms Premises, together with the appurtenances thereto, commonly known and conditions of this Subleasedescribed as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, University hereby subleases to IDC Suites 100 and IDC hereby subleases from University ▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, being the entire third floor and a portion of the Premises under first floor of the Master Lease building commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Building”) and consisting of approximately 51,063 rentable square feet in the Building shown on the plan attached as Exhibit B hereto, plus that certain warehouse and UPS areas indicated with cross-hatch marks on the plan attached as Exhibit B-1 hereto (collectively, the “Sublease Premises”). Notwithstanding any other provision of this Sublease to the contrary, consisting Sublessee’s rights to that portion of the laboratory warehouse (other than the cage therein built for Sublessee) and office space on the 3rd floor UPS area is non-exclusive and subject to the usage of such areas by other tenants of the Building which is delineated in red on Exhibit B attached hereto. For purposes Premises. (b) Subject to the provisions of this SubleaseSection 3(e) below, Sublandlord shall deliver possession of the Sublease Premises to Subtenant in the required condition on June 15, 2005. In the event that Sublandlord is deemed unable to contain 11,000 rentable square feet b. In addition, University hereby grants IDC a nonexclusive license to use those certain areas delineated in green on Exhibit B as the “Shared Services Space” and deemed to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly use the Shared Services Space and IDC’s use deliver possession of the same Sublease Premises to Subtenant in the required condition by June 15, 2005 (and such delay is not attributable to any act or omission of Subtenant), then Sublandlord shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable, nor shall the term hereof be extended beyond the Sublease Expiration Date specified in the Basic Sublease Information, but the Base Rent Commencement Date for the Sublease Premises shall be subject delayed one day for each day after June 15, 2005 until Sublandlord has delivered the Sublease Premises to such reasonable rules and regulations as University may from time to time designate Subtenant in writingthe required condition. IDC shall pay University for IDC’s share In the event that the term of this Sublease commences after the Operating Expenses (as defined under Sublease Commencement Date specified in the Master Lease) owing by University for the Shared Services Space under the Master Lease (collectivelyBasic Sublease Information, the “Share Services Rent”). As of the expiration date of this SubleaseSublease shall continue to be the Sublease Expiration Date specified in the Basic Sublease Information, IDC’s share the term of the Operating Expenses applicable to Sublease shall be adjusted accordingly, and the Shared Services Space owing under the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months Monthly Base Rent Schedule shall be adjusted accordingly so that Subtenant enjoys all of the Term and thereafter Fifty-Five and 18/100 percent (55.18%)rent concessions contained therein. IDC shall have In the right to terminate its license event that Sublandlord does not deliver possession of the Shared Services Space at any time upon thirty (30) days prior written notice to University, and upon such termination IDC shall no longer have the right to use such space or the obligation to pay for IDC’s share of the Operating Expenses owing for the same. IDC shall use the Shared Services Space only for such uses as are permitted in the Sublease Premises pursuant by August 15, 2005 (and such delay is not attributable to any act or omission of Subtenant), Subtenant may terminate this SubleaseSublease and the Security Deposit and any prepaid Rent shall be returned to Subtenant. (c) Subtenant is taking possession of the Sublease Premises in its “AS-IS” condition except for the following items (which items are to be performed by Sublandlord as set forth in this Section 1(c)): (i) carpets cleaned, (ii) walls patched and paint touched up; and (iii) professional cleaning. All obligations of IDC Sublandlord makes no representations or warranties with respect to the Sublease Premises except as otherwise expressly set forth in this Sublease, and Sublandlord shall apply equally have no obligation hereunder to make, install, remodel or alter any tenant improvement for the benefit of Subtenant or otherwise make or perform any repairs, renewals or replacements to the Shared Services Space Sublease Premises as an inducement to Subtenant to enter into this Sublease or as a condition precedent to the effectiveness of this Sublease. Notwithstanding the above, Sublandlord represents to Subtenant that, to the best of Sublandlord’s knowledge as of the Effective Date: (i) the Sublease Premises are in good working order, condition and repair; and (ii) there are no material defects in the Sublease Premises or the Building that would unreasonably interfere with Subtenant’s use of the Sublease Premises for Subtenant’s ordinary business purposes to the extent such purposes are consistent with the exception Permitted Use of the Sublease Premises. (ad) Subtenant acknowledges that the economic terms square footage of the Sublease Premises as specified in Section 1(a) is an estimate and that Sublandlord does not warrant the exact square footage of the Sublease Premises. Subtenant and Sublandlord accept the square footage of the Sublease Premises as that specified in Section 1(a) above, and for purposes of this Sublease neither party shall have the right to modify the square footage of the Sublease Premises during the Sublease Term. (e) Subtenant shall have the right: (i) subject to compliance with Sublandlord’s reasonable security procedures, to the non-exclusive use of the Building lobby, hallways to the Sublease Premises and restrooms; (ii) subject to compliance with Master Landlord’s rules and regulations, to the non-exclusive use of the Common Areas as provided for in Section 2.02 of the Master Lease; (iii) commencing on the Sublease Commencement Date, to the use of three (3) parking spaces per 1,000 rentable square feet of the Sublease Premises free of charge throughout the Sublease Term and any extensions thereof; (iv) subject to any limitations set forth above in this paragraphthe Master Lease, to access to the Sublease Premises 24 hours per day, 7 days per week, 52 weeks per year; and (bv) IDCat Subtenant’s maintenance sole expense and repair obligationson a non-exclusive basis, to maintain a full-time or part-time receptionist presence in the main entry lobby of the Building, provided that Subtenant shall direct such receptionist (if any) to assist in directing visitors of, and occasional deliveries to, other Building tenants. (cf) IDCSubtenant’s indemnification obligations with respect use of and access to the Shared Services Space warehouse area and UPS area indicated with cross-hatch marks on Exhibit B-1 on the first floor of the Building shall be limited shared with the other subtenants (if any) in the Building. In the event that Sublandlord subleases space in the Building to those matters arising out one or more additional subtenants desiring use of and access to the warehouse area and UPS area, Sublandlord shall install, at Sublandlord’s expense, locking storage areas in the warehouse area for the use of Subtenant and the other subtenant(s). Such locking storage areas shall consist of cages configured with chainlink fencing up to eight feet high and with no top on the cage. In such case, Subtenant’s locked storage area within the warehouse shall be approximately 310 square feet, as shown on Exhibit B-1. Subtenant shall not be charged any additional Monthly Base Rent for its access to and use of the actions warehouse area and the UPS area, and Subtenant shall have the right, subject to this Section 1(f), to use its Percentage Share of IDC and its employees and invitees of IDC the UPS power. Subject to an agreement with Openwave Systems, Inc., the only existing subtenant in the Shared Services SpaceBuilding as of Effective Date (“Openwave”), as to a pro rata allocation of the UPS power resources, if Subtenant determines that another subtenant is using more than its pro rata share of the UPS power and this use impinges on Subtenant’s use of UPS power, then Subtenant shall notify Sublandlord of this fact and Sublandlord will use commercially reasonable efforts to cause the over-user to cut its use to only its pro rata share, provided that such overuse and proper UPS power use allocation can be reasonably determined. Sublandlord’s obligation to cause Openwave to limit its use of UPS power shall be conditioned upon, and limited by the terms of, an agreement to be worked out by Subtenant with Openwave regarding a pro rata sharing of the UPS power.

Sublease Premises. a. Upon Sublandlord leases to Subtenant and Subtenant hires from Sublandlord the terms sublease premises together with the appurtenances thereto, commonly known and conditions of this Subleasedescribed as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, University hereby subleases to IDC and IDC hereby subleases from University a portion of ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ being the Premises under the Master Lease entire building (the floors one through four) (“Sublease Premises”). The Sublease Premises consists of approximately 143,831 rentable square feet in the Building commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, consisting ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (“Building”). The Sublease Premises is shown on the plan attached hereto as Exhibit B. b. Subject to the provisions of Section 3.e below, Sublandlord shall deliver possession of the laboratory and office space Sublease Premises to Subtenant in the required condition on May 1, 2005. In the 3rd floor event Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant in the required condition by May 1, 2005 for any reason, then Sublandlord shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable nor shall the term hereof be extended beyond the Sublease Expiration Date specified in the Basic Sublease Information, but the Rent Commencement Date for the Sublease Premises, shall be delayed one day for each day of delay until Sublandlord has delivered the Sublease Premises to Subtenant in the required condition. In the event the term of this Sublease commences after the Sublease Commencement Date specified in the Basic Sublease Information, the expiration date of this Sublease shall continue to be the Sublease Expiration Date specified in the Basic Sublease Information, and the term of the Sublease shall be adjusted accordingly. c. Except for the following items which are to be performed by Sublandlord as set forth in this Section 1.c below, Subtenant is taking possession of the Sublease Premises in its “as is” condition, and Sublandlord shall have no obligation hereunder to make, install, remodel or alter any tenant improvement for the benefit of Subtenant to enter into this Sublease or otherwise make or perform any repairs, renewals or replacements to the Sublease Premises as an inducement to Subtenant to enter into this Sublease or as a condition precedent to the effectiveness of this Sublease: 1. Carpets cleaned; 2. Walls patched and paint touched up; and 3. Professional cleaning. In addition, prior to May 1, 2005, Sublandlord and Subtenant shall agree on up to thirty thousand dollars ($30,000) of repairs in the aggregate to be made at Sublandlord’s cost, to the heating, ventilating and air conditioning (“HVAC”) system, and the electrical, plumbing, life safety, backup generator, UPS and sewer systems (collectively, “Building Systems”) in the ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇. Building or in the ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇. Building. Sublandlord shall contract for the performance of any work to be done in ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇. Subtenant shall have the option of contracting directly for the performance of any work to be performed in the ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇. by giving Sublandlord notice of such election by May 1, 2005, subject to Sublandlord’s approval of the contractor and the bid for such work, which shall not be unreasonably withheld or delayed. If Subtenant contracts directly for the performance of any work in the ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ shall reimburse Subtenant for the cost of such work performed upon presentation of a paid invoice and an unconditional lien release from the contractor, provided that Sublandlord shall only be responsible for $30,000 in the aggregate for all such work to be done in ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇. and in ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇. Any excess cost shall be the responsibility of Subtenant. Sublandlord shall arrange for any work to be performed in 2000 Seaport and any work to be contracted for by Sublandlord in 2100 Seaport to be performed by June 1, 2005. d. Subtenant acknowledges that the square footage of the Sublease Premises as specified in Subsection 1.a is delineated an estimate and that Sublandlord does not warrant the exact square footage of the Sublease Premises. Subtenant and Sublandlord accept the square footage of the Sublease Premises as that specified in red on Exhibit B attached hereto. For Subsection 1.a above, and, for purposes of this Sublease, the Sublease Premises is deemed to contain 11,000 rentable square feet b. In addition, University hereby grants IDC a nonexclusive license to use those certain areas delineated in green on Exhibit B as the “Shared Services Space” and deemed to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly use the Shared Services Space and IDC’s use of the same shall be subject to such reasonable rules and regulations as University may from time to time designate in writing. IDC shall pay University for IDC’s share of the Operating Expenses (as defined under the Master Lease) owing by University for the Shared Services Space under the Master Lease (collectively, the “Share Services Rent”). As of the date of this Sublease, IDC’s share of the Operating Expenses applicable to the Shared Services Space owing under the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months of the Term and thereafter Fifty-Five and 18/100 percent (55.18%). IDC neither party shall have the right to terminate its license modify the square footage of the Shared Services Space at any time upon thirty (30) days prior written notice to University, and upon such termination IDC shall no longer have the right to use such space or the obligation to pay for IDC’s share of the Operating Expenses owing for the same. IDC shall use the Shared Services Space only for such uses as are permitted in the Sublease Premises pursuant during the Sublease Term. Subtenant hereby expressly waives all rights to this Sublease. All obligations make repairs at the expense of IDC Sublandlord as provided in Section 1942 of the California Civil Code. e. Subtenant shall have the right, to: (i) subject to compliance with respect Master Landlord’s rules and regulations, the non-exclusive use of the Common Areas as provided for in Section 2.02 of the Master Lease; (ii) commencing on the Sublease Commencement Date, to the use of 3 parking spaces per 1,000 rentable square feet of the Premises free of charge throughout the Sublease Term and any extensions thereof; and (iii) access to the Sublease Premises shall apply equally to the Shared Services Space with the exception of (a) the economic terms set forth above in this paragraph24 hours per day, (b) IDC’s maintenance and repair obligations7 days per week, and (c) IDC’s indemnification obligations with respect to the Shared Services Space shall be limited to those matters arising out of the actions of IDC and its employees and invitees of IDC in the Shared Services Space52 weeks per year.

Sublease Premises. a. Upon (a) On and subject to the terms and conditions below, Sublandlord hereby leases to Subtenant, and Subtenant hereby leases from Sublandlord, the Sublease Premises. The Sublease Premises are comprised of approximately 48,017 rentable square feet on the first (1st) floor of the Building and approximately 48,017 rentable square feet on the second (2nd) floor of the Building, as shown on Exhibit B-1. Subtenant shall additionally have the right to use on a non-exclusive basis the common areas of the Premises as shown on Exhibit B-2 (“Common Area”). (b) Commencing on the first day of the twenty-fifth (25th) month of the Term (“Expansion Space Commencement Date”), the Sublease Premises shall be expanded to include approximately 54,335 rentable square feet on the second (2nd) floor of the Building, as shown on Exhibit B (“Expansion Space”). From and after the Expansion Space Commencement Date, the Sublease Premises shall include the Expansion Space without the requirement of any further amendment to this Sublease including increase of the Rent, Security Deposit and Subtenant’s Proportionate Share of Building Expenses and Subtenants’ Proportionate Share of Project Expenses. The terms and conditions of the Work Letter shall control Subtenant’s construction of certain tenant improvements to be made by Subtenant within the Expansion Space, except that the Allowance (as defined in the Work Letter) shall be $14.35 per rentable square foot of the Expansion Space and the Expansion Space Commencement Date shall not be tied in any manner to the status of completion of the tenant improvements within the Expansion Space. Subtenant shall be granted early occupancy of the Expansion Space sixty (60) days prior to the Expansion Space Commencement Date for the purposes of performing and installing its tenant improvements, furniture and equipment. During the period of Subtenant’s early occupancy, Subtenant shall be bound by all of the terms of this Sublease, University hereby subleases except that no Rent shall be due until the Expansion Space Commencement Date. If Sublandlord has not delivered the Expansion Space to IDC Subtenant by the date that is sixty (60) days prior to the Expansion Space Commencement Date, then the Expansion Space Commencement Date shall be extended by one day for every day of delay in delivery. (c) Subject to the reasonable requirements of Sublandlord, and IDC hereby subleases from University a portion the prior written consent of the Premises under the Master Lease (the “Sublease Premises”)Landlord, consisting of the laboratory and office space on the 3rd floor of the Building which is delineated in red on Exhibit B attached hereto. For purposes of this Sublease, the Sublease Premises is deemed to contain 11,000 rentable square feet b. In addition, University hereby grants IDC a nonexclusive license to use those certain areas delineated in green on Exhibit B as the “Shared Services Space” and deemed to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly use the Shared Services Space and IDC’s use of the same shall be subject to such reasonable rules and regulations as University may from time to time designate in writing. IDC shall pay University for IDC’s share of the Operating Expenses (as defined under the Master Lease) owing by University for the Shared Services Space under the Master Lease (collectively, the “Share Services Rent”). As of the date of this Sublease, IDC’s share of the Operating Expenses applicable to the Shared Services Space owing under the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months of the Term and thereafter Fifty-Five and 18/100 percent (55.18%). IDC Subtenant shall have the right to terminate its license install a generator in the loading dock area of the Shared Services Space at Building shown on Exhibit B-2 (“Generator Area”). The Generator Area shall be deemed part of the Sublease Premises for all purposes under this Sublease, except there shall be no Rent owed on account thereof, nor any time upon thirty (30) days prior written notice increase in Subtenant’s Proportionate Share of Building Expenses or Subtenant’s Proportionate Share of Project Expenses. In the event that Subtenant elects to Universityinstall a generator, Subtenant shall enclose the Generator Area as required by Sublandlord and Master Landlord and shall comply with all applicable laws, rules and ordinances in the placement and operation of the generator, and upon such termination IDC shall no longer maintain the Generator Area in a neat, clean and safe manner. Subtenant shall be solely responsible for any costs related to the Generator Area and the installation and operation of the generator. (d) Subtenant shall have the right to use such space the food services provided in the cafeteria (“Cafeteria”) located in the Adjacent Building (as defined in Section 27) on a non-exclusive basis during normal hours of operation, subject to any reasonable security and access requirements, as well as any reasonable rules and regulations of Sublandlord. Sublandlord shall have the right to restrict access to the Cafeteria during special events held in the Cafeteria. Sublandlord shall provide not less than twenty-four (24) hours’ prior notice to Subtenant if the Cafeteria will be closed during its normal operating hours. Subtenant’s right to use the Cafeteria shall terminate if Subtenant provides a cafeteria or other food services (except vending machines) to its employees within the Sublease Premises. (e) Throughout the Term, Subtenant is hereby granted a license over those portions of the Common Area as indicated on Exhibit E (“License Area”). The license shall be for the purposes of (i) repair and maintenance of two (2) 4-inch conduits from the Building to the existing SBC vault on St. A▇▇▇▇▇ Place (“St. A▇▇▇▇▇ Conduit”) which is being installed by Sublandlord as part of the Sublandlord Work described in the Work Letter, and (ii) installation, repair and maintenance of two (2) 4-inch conduits from the Building to the existing vault on Grand Avenue (“Grand Avenue Conduits”) which Subtenant may elect to install during the Term of this Sublease, without any obligation to pay for IDC’s share of the Operating Expenses owing for install the same. IDC Subtenant shall use provide written notice to Sublandlord if it elects to install the Shared Services Space only for such uses as are permitted Grand Avenue Conduits and the parties shall promptly thereafter enter into a work letter agreement which shall govern Subtenant’s construction and installation of the Grand Avenue Conduits. Subtenant shall keep, repair and maintain the St. A▇▇▇▇▇ Conduit and the Grand Avenue Conduits, if any, in good order, condition and repair throughout the Sublease Premises pursuant Term. If Subtenant enters any portion of the License Area in order to this Sublease. All perform its obligations of IDC with respect hereunder, Subtenant shall repair and restore the License Area to the Sublease Premises shall apply equally same condition as existed prior to the Shared Services Space with the exception of (aany entry. Any repair and maintenance work under this Section 1(e) the economic terms set forth above in this paragraph, (b) IDC’s maintenance and repair obligations, and (c) IDC’s indemnification obligations with respect to the Shared Services Space shall be limited performed by a licensed contractor or vendor reasonably acceptable to those matters arising out Sublandlord and subject to any reasonable rules and regulations of the actions of IDC and its employees and invitees of IDC in the Shared Services SpaceSublandlord.

Sublease Premises. a. Upon Subject to the terms and conditions of this SubleaseSublease and subject to the terms of the Master Lease a copy of which is attached hereto as Exhibit A (Master Lease), University Sublessor hereby subleases to IDC Sublessee, and IDC Sublessee hereby subleases from University Sublessor, a portion of the Premises under the Master Lease consisting of a total of approximately 11,000 rentable square feet of first floor space located at ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Santa Clara, CA, as shown on the attached floor plan marked Exhibit “B” (the “Sublease Premises”), consisting which will have the mailing address of ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇. The main ground floor lobby area and restrooms to remain common area and Sublessee’s use thereof will be in common with other tenants of the laboratory and office space on the 3rd floor building. In addition, a portion of the Building which is delineated in red on Exhibit B attached hereto. For purposes of this Sublease, the Sublease Premises is deemed currently subject to contain 11,000 rentable square feet b. In addition, University hereby grants IDC an existing sublease with a nonexclusive license to use those certain areas delineated in green third party (which portion is shown on Exhibit B as “C” attached hereto) (“Existing Sublease Area”), which sublease is scheduled to expire on October 31, 2008. Until November 1, 2008, Sublessee shall be permitted to temporarily occupy and use only the area shown on Exhibit “Shared Services D” attached hereto (“Temporary Space” and deemed ”), with no right to contain 1,250 RSF. IDC and University shall reasonably cooperate to jointly occupy or otherwise use the Shared Services Existing Sublease Area. Sublessee shall have access to the Temporary Space and IDC’s use upon the later of (i) the commencement date of the same shall be subject to such reasonable rules and regulations as University may from time to time designate in writing. IDC shall pay University for IDCSublease, (ii) Sublessor’s share receipt of the Operating Expenses advance rent and security deposit pursuant to the Sublease, and (as defined under iii) the Master Lease) owing submittal by University Sublessee of all required certificates of insurance pursuant to the Sublease. The Existing Sublease Area will be delivered to Sublessee for occupancy and use on November 1, 2008, at which time Sublessee shall fully vacate and surrender the Shared Services Temporary Space under the Master Lease (collectively, the “Share Services Rent”). As other than that portion of the date of this Sublease, IDC’s share Temporary Space that is part of the Operating Expenses applicable to Sublease Premises. If the Shared Services Temporary Space owing under is not vacated and surrendered by the Master Lease is Forty-Five and 14/100 percent (45.14%) during the first twelve (12) months of the Term and thereafter Fifty-Five and 18/100 percent (55.18%). IDC shall have the right to terminate its license of the Shared Services Space at any time upon thirty (30) days prior written notice to University, and upon such termination IDC shall no longer have the right to use such space or the obligation to pay for IDC’s share of the Operating Expenses owing for the same. IDC shall use the Shared Services Space only for such uses as are permitted in the Sublease Premises Sublessee pursuant to this Sublease. All obligations of IDC with respect Agreement, then Sublessor, at its sole option may terminate this Agreement or charge Sublessee and Sublessee will agree to pay an amount equal to the Sublease Premises Temporary Space still occupied at the rate of $1.57 per square foot per month. Sublessee shall apply equally to surrender the Shared Services Temporary Space with the exception of (a) the economic terms set forth above in this paragraph, (b) IDC’s maintenance and repair obligations, and (c) IDC’s indemnification obligations with respect to the Shared Services Space shall be limited to those matters arising out of the actions of IDC and its employees and invitees of IDC in the Shared Services same condition in which Subtenant occupied the Temporary Space, less normal wear and tear.