Common use of Tenant’s and Landlord’s Rights Clause in Contracts

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real Property, and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by representative of Landlord. Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas areas, located within the Building, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's Tenants use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProperty so long as copies of the some have been provided to Tenant, and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant and which shall not materially or adversely interfere with Tenant's use of the Premises and quiet enjoyment of the Premises, including Tenant's access to the Premises and the Building (including Tenant's access to the Parking Facilities)), and (ii) except as otherwise provided in Section 24.31 below, below Tenant may not go on the roof of Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Subject to the other terms and provisions of this lease, Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) subject to the restrictions in Section 1.12 above regarding the Adjacent Parcel Improvements, expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 belowbelow (including the exclusions from Operating Expenses set forth therein), include the common area aces assessments, fees and taxes charged by the association(sassociation (s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Project Operating Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 1.1.2 so as not to materially and/or adversely interfere minimize any unreasonable interference with Tenant's use of and access to the Premises (including Tenant's Tenants parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below). Landlord, as part of Project Operating Expenses, agrees to maintain the common areas of the Real Property in a first-class manner consistent with other first-class office buildings building projects in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted granted' the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real Property, and (B) such reasonable, reasonable non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided provided' in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves the right from time to time to use nee any of the common areas of the Real Property, and the roof, risers and end conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1.(1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including Including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all an or any portion of the landscaping landscaping, driveways, walkways, parking packing areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building andend, subject to Article 4 below, include the common area xxxx assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Expenses; and (4) perform such other acts and make such other or changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgmentJudgment, deem to be appropriate; provided. Subject to (i) all of the terms and conditions of this Lease, howeverincluding the Rules and Regulations attached hereto as Exhibit D, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant(ii) Force Majeure events, (iii) Landlord's use commercially reasonable security requirements, and (iv) the requirements of and applicable Laws, Tenant shall have access to the Premises twenty-Four (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with 24) hours per day, seven (7) days per week throughout the covenants, conditions and restrictions referred to in Section 5.1) belowLease Term. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in a first-class manner funnier consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord (and/or any other owners of Xxxxxx Xxxxx Science Center) from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Buildings without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves (and/or any other owners of Xxxxxx Xxxxx Science Center) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Existing Buildings for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including any of the Other Existing Buildings) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Existing Buildings and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing\managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with . Tenant's ’s use of and access the common areas shall also include the right to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be use, in accordance with the covenants, conditions terms of Exhibit D (and restrictions referred to in Section 5.1) below. other commercially reasonable rules and regulations promulgated by Landlord, as part of Operating Expenses, agrees to maintain the ); any common areas of the Real Property in first-class manner consistent with other first-class office buildings area amenities which may be located in the Central San Diego County areaProject, including a fitness center, café, bocce ball court, barbecue pits, ping pong, seating areas and a conference center. Landlord acknowledges and agrees that, subject to Section 24.17 hereof, (i) the fitness center serving the Project will be operational on or before the Lease Commencement Date, (ii) the café serving the Project will be open on or before December 31, 2015, and (ii) the conference room facility serving the Project will have a minimum of seventy (70) person capacity and will be available for Tenant’s use no later than three (3) months following the Lease Commencement Date.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord (and/or any other owners of the Project) from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from 1 GENESIS 1900 ALAMEDA [BigHat Biosciences, Inc.] time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's ’s prior consent (which may be withheld in Landlord's Xxxxxxxx’s sole and absolute (but good faith) discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves (and/or any other owners of the Project) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following, so long as the same does not unreasonably interfere with Xxxxxx’s use of or access to the Premises or Tenant’s parking rights and does not materially increase the obligations or materially decrease the rights of Tenant under this Lease: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxxprivate streets, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxxprivate streets, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. On or before December 31, however2021, that Landlord agrees shall install, at Landlord’s sole expense, bicycle racks for use by the Building tenants. Notwithstanding the foregoing, Tenant shall have the right to exercise its rights under this Section 1.1.3 so as not use the training room, game room, glasswash and autoclave, bike racks and patio areas with tables and benches, throughout the Lease Term. Subject to materially and/or adversely interfere with Tenant's use of Force Majeure events and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenantsrequired repairs, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to Landlord shall continuously maintain the common training room, game room, glasswash, autoclave, bike racks and patio areas of with tables and benches throughout the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County areaLease Term.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord (and/or any other owners of the Project) from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord (and/or any other owners of the Project) from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Future Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute (but good faith) discretion) and without otherwise being accompanied by a representative of Landlord. Landlord (and/or any other owners of the Project) reserves the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Future Building for telecommunications and/or any other purposes, and to do any of the following, so long as the same does not unreasonably interfere with Tenant’s use of or access to the Premises or Tenant’s parking rights and does not materially increase the obligations or materially decrease the rights of Tenant under this Lease: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including the Other Future Building) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Future Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Subject to the following provisions of this Section 1.1.3, Tenant is hereby granted the right to the nonexclusive use by Tenant and Tenant’s employees, agents, contractors and invitees, of (i) the common corridors and hallways, stairwells, elevators, closets, electrical and telephone rooms, restrooms and other public or common areas located within the BuildingBuilding (excluding the roof, except as expressly set forth in Section 26.30 below), and the non-exclusive use of (ii) the areas located on the Real Property designated by Landlord (and/or any common area association formed by Landlord or Landlord’s assignee for LNR Warner Center) from time to time as common areas for the Building; provided, howeverincluding the Building H Parking Facilities and the Phase III Parking Structure, that but specifically excluding (iA) the Other Existing Buildings and the Phase I Parking Structure, and (B) any other improvements located on and/or areas within the Project (including surface parking areas) which are designated by the owners thereof and/or any such common area association as exclusive or reserved areas. Notwithstanding the foregoing to the contrary, Tenant's ’s use thereof of such common areas (1) shall not damage or interfere with the operation of the Building or any other portion of the Project, and (2) shall be subject to (Aa) the provisions approval of the City of Los Angeles and all other applicable governmental authorities to the extent required thereby, and the rights of any covenantsparty under, conditions and the provisions and restrictions regarding contained in, the use thereof now or hereafter recorded against Underlying Documents (as defined in Section 5.1 below), and Tenant’s compliance with all applicable Laws (as defined in Article 22 below) and the Real PropertyUnderlying Documents, and (Bb) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant); provided, however, any such rules, regulations and (ii) except as otherwise provided restrictions made by Landlord shall not result in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by representative of Landlordan Adverse Condition. Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following, as long as such acts are performed in accordance with all applicable Laws and do not result in an Adverse Condition: (1w) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (xI) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxxprivate streets and roads, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and common areas, and, subject to the limitations and Tenant’s rights set forth in Article 24 below, parking spaces, parking structures and parking areas, and (yII) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefromtherefrom (other than the Building); (2x) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3y) form and/or modify any existing common area association or associations association(s) under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building Building, and, subject to Article 4 Section 4.2.4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses, Tax Expenses and/or Utilities Costs (as applicable); and (4z) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of reasonable and good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Subject to the following provisions of this Section 1.1.6, Tenant is hereby granted the right to the nonexclusive use by Tenant and Tenant’s employees, agents, contractors and invitees, of (i) the common corridors and hallways, stairwells, elevators, closets, electrical and telephone rooms, restrooms and other public or common areas located within the BuildingBuilding (excluding the roof except as expressly set forth in Section 26.29 below), and the non-exclusive use of (ii) the areas located on the Phase IV Real Property and other portions of the Project designated by Landlord (and/or any common area association formed by Landlord or Landlord’s assignee for LNR Warner Center) from time to time as common areas for the Building; provided, howeverincluding the Phase I/IV Parking Structure, and portions of the Phase IV Surface Parking Areas surrounding the Building, but specifically excluding (A) the Phase III Parking Structure, and (B) any other improvements located on and/or areas within the Project (including any portions of the Parking Facilities) which are designated by the owners thereof and/or any such common area association as exclusive or reserved areas. Notwithstanding the foregoing to the contrary, Tenant hereby covenants that Tenant’s use of such common areas (i1) Tenant's use thereof shall not damage or interfere with the operation of the Building, the Phase IV Real Property or any other portion of the Project, and (2) shall be subject to (Aa) Tenant’s compliance with all applicable Laws and the provisions Underlying Documents (but with respect to any Underlying Documents executed after the date of any covenantsthis Lease, conditions only after the same have been provided to Tenant and restrictions regarding the use thereof now or hereafter recorded against the Real Propertyso long as such Underlying Documents do not result in an Adverse Condition), and (Bb) the Rules and Regulations attached hereto as Exhibit D, and such reasonable, non-discriminatory rules, regulations and restrictions modifications and/or additions thereto as Landlord may make from time to time so long as such modifications and/or additions do not result in an Adverse Condition (which modifications and/or additions shall be provided in writing to TenantTenant and shall not be effective as to Tenant until at least ten (10) days after Tenant has received such written modifications and/or additions). Notwithstanding the foregoing or anything to the contrary set forth in this Lease (including, without limitation, Exhibit D), Tenant shall not be bound by any modifications or additions to the Rules and (ii) except as otherwise provided Regulations that materially decrease Tenant’s rights or materially increase Tenant’s obligations under this Lease. In the event of any conflict between the Rules and Regulations and the terms of this Lease, the terms of this Lease shall control. Landlord agrees that the Rules and Regulations shall not be enforced in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by representative of Landlorda discriminatory manner against Tenant. Landlord reserves the right from time to time to use any of the common areas of the Phase IV Real PropertyProperty and/or the Project, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following, so long as such acts are performed in accordance with all applicable Laws and do not result in an Adverse Condition: (1w) make any changes, additions, improvements, repairs and/or replacements In in or to the Phase IV Real Property and/or the Project or any portion or elements thereof, including, without limitation, (xI) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxxprivate streets and roads, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and common areas, and, subject to Article 24 below, parking spaces, parking structures and parking areas, and (yII) expanding or decreasing the size of the Phase IV Real Property and/or the Project and any common areas and other elements thereof, including adding or deleting buildings thereon and therefromtherefrom (other than the Building and the Phase I/IV Parking Structure); (2x) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Phase IV Real PropertyProperty and/or the Project; (3y) form and/or modify any existing common area association or associations association(s) under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building Building, and, subject to Article 4 Section 4.2.4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses, Tax Expenses and/or Utilities Costs (as applicable); and (4z) perform such other acts and make such other changes with respect to the Phase IV Real Property as Landlord may, in the exercise of reasonable and good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the BuildingBuilding C, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for the BuildingBuildings; provided, however, that (i) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProperty (subject, however, to the limitations contained in clauses (i) and (ii) in Section 5.1 below), and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided subject to Tenant's rights in Section 24.31 25.30 below, Tenant may not go on the roof of Building Buildings without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Subject to the limitations in Section 25.30 below, Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building Buildings for telecommunications and/or any other purposes, and to do any of the following, as long as such acts (including any acts undertaken by Landlord as the "Declarant" under any covenants, conditions and restrictions recorded against the Real Property) are performed in accordance with all applicable Laws (as defined in Article 22 below) and do not materially and adversely interfere with Tenant's permitted use of or access to the Premises or materially increase Tenant's obligations under this Lease: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, and, subject to Article 24 below, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building Buildings, and, subject to Article 4 Section 4.2.5 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the BuildingBuildings, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord from time to time as common areas for the BuildingBuildings; provided, however, that (i) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject so long as such future covenants, conditions and restrictions regarding the use thereof do not materially, adversely affect Tenant's access to or use of the Premises for Tenant's Permitted Use, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building Buildings or the Other Existing Buildings without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves (and/or any other owners of Marina Village) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building Buildings and the Other Existing Buildings for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including any of the Other Existing Buildings) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building Buildings and the Other Existing Buildings and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; providedappropriate (so long as such acts do not materially, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with affect Tenant's access to or use of and access to the Premises (including for Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) belowPermitted Use). Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.MARINA VILLAGE [Biotime]

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for the Building; provided, however, that that: (i) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real Property, and (B) the Rules and Regulations attached hereto as EXHIBIT C, and such additional or modified reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may subsequently make from time to time (which shall be provided in writing to Tenant), provided no such additional or modified rules and regulations shall prohibit the uses permitted hereunder or otherwise materially conflict with Tenant's rights or materially increase Tenant's obligations hereunder; and (ii) except as otherwise expressly provided in this Lease (including Section 24.31 24.30 below), Tenant may not go on the roof of Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Subject to such reasonable rules and regulations as established by Landlord from time to time, Tenant shall be permitted access to the Premises, the Building and Tenant's allocated parking passes described in Section 10 of the Summary twenty-four (24) hours per day, seven (7) days a week. Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following, so long as such actions do not (I) unreasonably interfere with Tenant's permitted use of or access to the Premises, (II) permanently decrease the number of parking spaces allocated to Tenant pursuant to Section 11 of the Summary, or (III) otherwise materially conflict with Tenant's rights or materially increase Tenant's obligations hereunder: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, limitation (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxxprivate streets, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and common areasarexx xxx xxxxxx xxxxx, parking spacesxxxxxxx xxxxxx, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and and, any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxxprivate streets, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and/or other common areas located arexx xxx/xx xxxxx xxxxxx xxxxx xxxxxxd outside of the Building and, subject to Article 4 below, include the common area assessments, fees and an taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. The parties agree that upon the Must-Take Space Commencement Date (as defined below): (a) Tenant will be leasing the entire rentable space within the Building, howeverand as a result, that Landlord agrees Tenant will be entitled to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's exclusive use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common interior usable areas of the Building which would typically be common areas if the Building were leased to more than one tenant, subject to Landlord's rights to enter same pursuant to Article 22 and other provisions of this Lease, including to perform Landlord's repair and other obligations under this Lease; and (b) to the extent permitted under Landlord's other then-existing leases at the Real Property in firstProperty, Landlord shall designate the patio area adjacent to the Building as a non-class manner consistent smoking area, but Landlord shall have no obligation to police such non-smoking area and no liability to Tenant for any failure of any person or entity (including any other tenant or invitee) to comply with other firstsuch non-class office buildings in the Central San Diego County areasmoking rule.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Buildings without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves (and/or any other owners of Marina Village) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Existing Buildings for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx pxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including any of the Other Existing Buildings) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx pxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Existing Buildings and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of shall maintain and access to operate the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenantsProject, conditions and restrictions referred to in Section 5.1) below. Landlordincluding, as part of Operating Expenseswithout limitation, agrees to maintain the common areas of the Real Property Project, in first-class a manner MARINA VILLAGE [St. Fxxxxxx] consistent with other first-class office comparable buildings in the Central San Diego County areavicinity of the Project. Notwithstanding the foregoing to the contrary, in connection with any work by Landlord in and alterations or improvements to the common areas of the Project, and/or the Building, and/or the management and administration of the common areas of the Project by Landlord and the exercise by Landlord of any of the foregoing rights with respect the common areas of the Project, Landlord shall use diligent efforts to minimize any material adverse interference with Tenant’s use of the Premises for Tenant’s permitted use thereof, and any unreasonable interference with Tenant’s access to the Premises.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive non-exclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the Property Common Areas, as well as any other areas located on the Real Property reasonably designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real Property, and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the followingfollowing provided, however, that in no event shall Landlord do any of the following if it will materially adversely affect Tenant in any way, and Landlord will employ commercially reasonable efforts to minimize any inconvenience or disruption to Tenant: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) make changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxxprivate streets, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxxprivate streets, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the reasonable common area assessments, fees and taxes charged by the association(s) and the reasonable cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive exclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord from time to time as common areas for the BuildingBuilding and/or Project (the "Common Areas"); provided, however, that (i) the manner in which such public and Common Areas are maintained and operated shall be at the reasonable discretion of Landlord, (ii) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant)time, and (iiiii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of the Other Existing Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute reasonable discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves the right from time to time to use any of the common areas of the Real PropertyCommon Areas, and the roof, risers and conduits of the Building and the Other Existing Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas Common Areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including the Other Existing Building) thereon and therefrom; (2) close temporarily any of the common areas Common Areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas Common Areas located outside of the Building and the Other Existing Building and, subject to Article 4 below, include the common area Common Area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. In connection with any work by Landlord in, howeverand alterations or improvements to the common areas for the Building and/or Project, that Landlord agrees shall use commercially reasonable efforts to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere minimize any material adverse interference with Tenant's use of business at the Premises, and any unreasonable interference with Tenant's access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. LandlordPremises, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.a result thereof. 071053\8589453v5 1

Tenant’s and Landlord’s Rights. Landlord and Landlord’s agents, employees, licensees and invitees shall have, subject to the provisions of this Lease and provided that Landlord does not unreasonably interfere with Tenant’s use of the Premises for Tenant’s permitted use described in Section 5.1 below, (i) the right (including the right of access) to the roof and the exterior faces of all exterior walls of the Building, (ii) the right of access to and use of the risers and conduits of the Building, but only to the extent reasonably required in order for Landlord to perform its obligations and/or exercise its rights under this Lease, (iii) the right of access to the Building to perform its obligations and exercise its rights under this Lease in the manner provided in Article 22 below, (iv) the right (including the right of access) to the equipment room on the first (1st) floor of the Building cross-hatched on Exhibit P attached hereto in which the equipment for Landlord’s methane control system and building management system is located and (v) any time prior to the Must-Take Space Delivery Date, the right of access to and use of the Must-Take Space. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property Project designated by Landlord from time to time as common areas for of the BuildingProject; provided, however, that (iA) Tenant's ’s use thereof shall be subject to (A1) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, provided that in no event shall any covenants, conditions and restrictions hereafter recorded against the Project result in an Adverse Condition, and (B2) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant)time, and (iiB) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of the Building (except in connection with Tenant’s operation and maintenance of the HVAC system located on the roof of the Building and except as expressly permitted under Article 20 below) or the Other Buildings without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Subject to the terms and conditions of this Lease, Landlord reserves the right from time to time to use any of the common areas of the Real PropertyProject, the roof of the Building and the roof, risers and conduits of the Building Other Buildings for telecommunications and/or any other purposespurposes (provided that any such use shall not unreasonably interfere with Tenant’s permitted use of the roof of the Building expressly set forth in this Lease, including, without limitation ,Tenant’s rights under Article 20 below), and to do any of the following: following (1so long as the same do not result in an Adverse Condition): (w) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (xI) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (yII) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or deleting buildings thereon and therefromtherefrom (including the 6201 Building); (2x) close temporarily any of the common areas of the Project while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3y) continue to maintain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas of the Project located outside of the Building, the 6201 Building and/or the Project and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4z) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors by Tenant and hallwaysTenant’s employees, stairwellsagents, elevatorscontractors and invitees, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property Project designated by Landlord from time to time as common areas for the BuildingProject (the “Common Areas”) (including the 10,000 square foot outdoor courtyard located between the West Building and East Building of the Project which shall remain a Common Area courtyard accessible by Tenant and Tenant’s employees, agents, contractors and invitees and the other tenants of the Project); provided, however, that (i) Tenant's ’s use thereof shall be subject to (Ai) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (Bii) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except . Except as otherwise provided in this Lease, the manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord, provided that Landlord shall maintain and operate the same in a first class manner substantially consistent with that of Comparable Buildings (as defined below) and the use thereof shall be subject to the Rules and Regulations (as that term is defined in Section 24.31 5.1 below). Except when and where Tenant’s right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by applicable Laws, or (iii) a specific provision set forth in this Lease, Tenant may not go on shall have the roof right of Building without Landlord's prior consent access to the Premises, the Building, and the Parking Areas twenty-four (which may be withheld 24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Landlord's sole and absolute discretion) and without otherwise being accompanied by representative Article 2 of Landlordthis Lease. Landlord reserves the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and Other Buildings for telecommunications and/or any other reasonable purposes, and to do any of the following, so long as such changes do not change the nature of the Project to something other than a first class creative office building project, and such acts are performed in accordance with all applicable Laws (as defined in Article 22 below) and do not materially and adversely interfere with Tenant’s permitted use of or access to the Premises or materially increase Tenant’s obligations under this Lease: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, addresses of the Building or any buildings in the Project, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxxplazas, xxxxxx, xxxxxxxxxxcourtyards, transportation facilitation areas and common areas, and, subject to Article 24 below, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct ExpensesProject; and (43) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. “Comparable Buildings” shall mean 2600-2700 Colorado, however0000 Xxxxxxx Xxxxxx (Red Bull headquarters), that Landlord agrees to exercise its rights under this Section 1.1.3 so 0000 Xxxxxxx Xxxxxx, the project known as not to materially and/or adversely interfere with Tenant's use of the “Water Garden” (i.e., 0000 00xx Xxxxxx, 0000 Xxxxxxxxxxx Xxxxxxxxx, 0000 Xxxxxxxx Xxxxxx and access to the Premises 0000 Xxxxxxx Xxxxxxxxx), Xxxxxxxx Center (including Tenant's parking rights hereunder; i.e., 2425-2501, 2525 and provided further that any such action be in accordance with the covenants0000 Xxxxxxxx Xxxxxx, conditions and restrictions referred to in Section 5.1) below. Landlord2400, as part of Operating Expenses2450 and 0000 Xxxxxxxx), agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area2220 Colorado Avenue, Santa Xxxxxx Gateway (i.e., 2834 Colorado Avenue), 00000 Xxxx Xxxxxxx Xxxxxxxxx, and Westside Media Center (i.e., 12100, 12200 and 00000 Xxxx Xxxxxxx Xxxxxxxxx).

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real Property, and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx pxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx pxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive exclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for outside of the BuildingBuilding (collectively, the “Outside Area” or “Outside Areas”); provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real Property, and (B) the rules and regulations attached hereto as Exhibit D (the “Rules and Regulations”) and such reasonable, non-discriminatory other reasonable rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves the right from time to time to use any of the common areas Outside Areas of the Real PropertyBuilding, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx pxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areasOutside Areas, and (y) expanding or decreasing the size of the Real Property and the Building and any common areas Outside Areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas Outside Areas while engaged in making repairs, improvements or alterations to the Real PropertyBuilding; (3) form common area association or associations under covenantspermit the owners, conditions tenants and restrictions occupants of buildings adjacent to own, manage, operate, maintain, repair and/or replace all or any portion the Real Property to use portions of the landscaping Outside Areas, such as trash storage areas, public and private streets, driveways, walkways, parking areascourtyards, public plazas, and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of access ways within the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s)Project, in Direct Expensescommon with Tenant; and (4) perform such other acts and make such other changes with respect to the Real Property Building and the Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. Landlord reserves the right from time to time to grant, howeverwithout the consent or joinder of Tenant, such easements, rights of way and dedications that Landlord agrees deems necessary, and to exercise its cause the recordation of parcel maps and restrictions, so long as such easements, rights under this Section 1.1.3 so as of way and dedications do not to materially and/or adversely unreasonably interfere with Tenant's the use of and the Premises by Tenant or Tenant’s access to the Premises (including Premises, and do not increase Tenant's parking rights ’s obligations hereunder; and provided further that . Tenant agrees to execute any documents reasonably requested by Landlord to effectuate any such action be in accordance with the covenantseasement rights, conditions and restrictions referred to in Section 5.1) below. Landlorddedications, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County areamaps or restrictions.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive non-exclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's use thereof shall be subject to the following: (A) all laws, statutes, ordinances or other governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated (collectively, “Laws”), (B) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProperty (“CC&Rs”), and (BC) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), including, without limitation, the rules and regulations attached hereto as Exhibit D (ii) except as otherwise provided in Section 24.31 belowthe “Rules and Regulations”). Landlord confirms that there are currently no recorded CC&Rs affecting the Real Property. Further, Tenant may not go on the roof of Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: , provided, however, in the course of taking such action, Landlord shall use commercially reasonable efforts not to interfere with or adversely affect Tenant’s business operations at the Premises or parking rights (subject to events and circumstances outside of Landlord’s reasonable control): (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the [FINAL EXECUTION COPY]SMRH:478611488.18 -1- 600 B STREETMitek Systems, Inc. 92917 35XW-244846 common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct ExpensesOperating Expenses or Tax Expenses (as such terms are defined in Article 4 below); and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), provided that the change will not result in an adverse economic impact upon Tenant, and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves (and/or any other owners of Marina Park) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Existing Building for telecommunications and/or any other purposes, and to do any of the following: ; provided, however, in the course of taking such action, Landlord shall use commercially reasonable efforts not to interfere with or adversely affect Tenant’s business operations at the Premises (1subject to events and circumstances outside of Landlord’s reasonable control): (l) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including the Other Existing Building) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Existing Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas (including any shared amenity areas) located on the Real Property Project that are reasonably designated by Landlord (and/or any other owners of the Project) from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord (and/or any other owners of the Project) reserves the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Existing Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxxprivate streets, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including the Other Existing Building) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxxprivate streets, xxxxxxplazas, xxxxxxxxxxcourtyards, transportation facilitation areas and/or other common areas located outside of the Building and the Other Existing Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access . Notwithstanding anything to the Premises contrary in this Lease, (including Tenant's parking rights hereunder; and provided further that w) Landlord shall not permit or suffer any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1be recorded against the Project that create an Adverse Condition, (x) with respect to any voluntary improvements or voluntary alterations (as opposed to improvements or alterations required by applicable laws (as defined below. Landlord) or maintenance or repairs) (collectively, “Voluntary Improvements”), Landlord shall not cause an Adverse Condition (as part of Operating Expenses, agrees to maintain defined below) during the common areas course of the Real Property performance thereof or resulting therefrom, (y) with respect to any improvements or alterations required by applicable laws and with respect to maintenance, repairs and replacements, Landlord shall use commercially reasonable efforts to minimize any Adverse Conditions during the course of the performance thereof or resulting therefrom, and (z) except as may be required by applicable laws, Landlord shall not be permitted to change the configuration of the Building in a manner that results in an Adverse Condition. As used herein, an “Adverse Condition” shall mean (I) any unreasonable adverse interference with Xxxxxx’s access to the Premises other than on a temporary basis during an on-going emergency, (II) any unreasonable adverse interference with Xxxxxx’s use of the Premises as a first-class manner consistent biotechnology project, and (III) any reduction in, or unreasonable adverse interference with other first-class office buildings in the Central San Diego County areaXxxxxx’s access to, Xxxxxx’s parking rights hereunder.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within in the Building, and the non-exclusive use of the areas located Building or on the Real Property that are designated by Landlord from time to time as common areas for the BuildingBuilding (collectively, the “Common Areas”) for the purposes for which they were designed and intended and for no other purposes whatsoever; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real Property, and (B) the rules and regulations set forth in Exhibit D attached hereto, and such reasonable, non-discriminatory rulesnondiscriminatory revisions to such rules and regulations not inconsistent with the terms and provisions of this Lease, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 subject to Article 25 below, Tenant may not go on the roof of Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. , Landlord reserves the right from time to time to use any of the common areas Common Areas of the Real PropertyBuilding, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areasCommon Areas, and (y) expanding or decreasing the size of the Real Property and the Building and any common areas Common Areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas Common Areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct ExpensesBuilding; and (43) perform such other acts and make such other changes with respect to the Real Property Building as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. Landlord reserves the right from time to time to grant, howeverwithout the consent or joinder of Tenant, such easements, rights of way and dedications that Landlord agrees deems necessary, and to exercise its cause the recordation of parcel maps and restrictions, so long as such easements, rights under this Section 1.1.3 so as of way and dedications do not to materially and/or adversely unreasonably interfere with Tenant's the use of and the Premises by Tenant or Tenant’s access to the Premises (including Premises, and do not increase Tenant's parking rights ’s obligations hereunder; and provided further that . Tenant agrees to execute any documents reasonably requested by Landlord to effectuate any such action be in accordance with the covenantseasement rights, conditions and restrictions referred to in Section 5.1) below. Landlorddedications, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County areamaps or restrictions.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real Property, and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere minimize any material, adverse interference with Tenant's ’s use of and access to the Premises (including Tenant's ’s parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below). Landlord, as part of Operating Expenses, agrees to maintain the common areas areas-of the Real Property in a first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the exclusive use of the Premises (subject to Landlord’s rights specifically set forth in this Lease) and the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Buildings without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves (and/or any other owners of Marina Village) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Existing Buildings for telecommunications and/or any other purposes, and to do any of the following, provided the same do not unreasonably and materially interfere with Tenant’s occupancy of or use of the Premises for the purposes permitted under this Lease: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx pxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including any of the Other Existing Buildings) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx pxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Existing Buildings and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. MARINA VILLAGE [Aqua Metals, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.Inc.]

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord (and/or any other owners of the Project) from time to time as common areas for the BuildingProject; provided, however, that (i) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding 843078.08/SD374622-00033/8-4-16/MLT/dek GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Future Building without Landlord's prior consent (which may shall not be withheld in Landlord's sole and absolute discretionunreasonably withheld, conditioned or delayed) and without otherwise being accompanied by a representative of Landlord. Landlord (and/or any other owners of the Project) reserves the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Future Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including the Other Future Building) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Future Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. Landlord acknowledges and agrees that a fitness center and performing arts center will, howeversubject to remodeling and renovations, that Force Majeure events and other causes beyond Landlord's reasonable control, remain available in the Project. Landlord agrees to exercise its rights under this Section 1.1.3 so as not use commercially reasonable efforts to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings make a restaurant available in the Central San Diego County areaBuilding.

Tenant’s and Landlord’s Rights. Tenant is hereby granted the right to the nonexclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building, and the non-exclusive use of the areas located on the Real Property designated by Landlord from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real Property, and (B) such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves the right from time to time to use any of the common areas of the Real Property, and the roof, risers and conduits of the Building for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. In connection with any work by Landlord in, howeverand alterations or improvements to the common areas for the Building and/or Project, that Landlord agrees shall use commercially reasonable efforts to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere minimize any material adverse interference with Tenant's use of ’s business at the Premises, and any unreasonable interference with Tenant’s access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. LandlordPremises, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County areaa result thereof.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shaft have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord (and/or any other owners of Xxxxxx Xxxxx Science Center) from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Buildings without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves (and/or any other owners of Xxxxxx Xxxxx Science Center) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Existing Buildings for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including any of the Other Existing Buildings) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Existing Buildings and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County area.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are reasonably designated by Landlord (and/or any other owners of the Project) from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Buildings without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves (and/or any other owners of the Project) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Existing Buildings for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including any of the Other Existing Buildings) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Existing Buildings and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with . Tenant's ’s use of and access the common areas shall also include the right to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be use, in accordance with the covenants, conditions terms of Exhibit D (and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the other commercially reasonable rules and regulations promulgated by Landlord any common areas of the Real Property in first-class manner consistent with other first-class office buildings area amenities which shall be located in the Central San Diego County areaProject, including a café and a conference center, bike storage and access to a gym with a pool and locker rooms. Subject to Force Majeure [GENESIS CAMPUS POINT AT 4242] [POSEIDA THERAPEUTICS, INC.]

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord (and/or any other owners of the Project) from time to time as common areas for the Building; provided, however, that (i) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Building without Landlord's prior consent (which may be withheld in Landlord's sole and absolute (but good faith) discretion) and without otherwise being accompanied by a representative of Landlord. Landlord (and/or any other owners of the Project) reserves the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Existing Building for telecommunications and/or any other purposes, and to do any of the following, so long as the same does not unreasonably interfere with Tenant's use of or access to the Premises or Tenant's parking rights and does not materially increase the obligations or materially decrease the rights of Tenant under this Lease: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property and any common areas and other elements thereof, including adding or deleting buildings thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real Property; (3) form common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first879352.05/SD374622-class manner consistent with other first00001/3-class office buildings in the Central San Diego County area.28-19/MLT/bp GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation]

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord (and/or any other owners of the Project) from time to time as common areas for the Building, including any common area conference center, fitness center, glass wash and autoclave (to the extent any such shared facilities exist and/or continue to exist (in Landlord’s sole discretion)); provided, however, that (i) Tenant's use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Buildings without Landlord's prior consent (which may be withheld in Landlord's sole and absolute discretion) and without otherwise being accompanied by a representative of Landlord. Landlord reserves (and/or any other owners of the Project) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp -4- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] risers and conduits of the Building and the Other Existing Buildings for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including any of the Other Existing Buildings) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Existing Buildings and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided. Landlord shall perform such closures, howeveralterations, that Landlord agrees to exercise its rights under additions or changes as described in this Section 1.1.3 so as not in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to materially and/or adversely interfere minimize any material interference with Tenant's use of and access to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be in accordance with the covenants, conditions and restrictions referred to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings in the Central San Diego County areaParking Areas.

Tenant’s and Landlord’s Rights. Tenant is hereby granted shall have the right to the nonexclusive exclusive use of the common corridors and hallways, stairwells, elevatorselevators (if any), restrooms and other public or common areas located within the Building, and the non-exclusive use of the those areas located on the Real Property Project that are designated by Landlord (and/or any other owners of Xxxxxx Xxxxx Science Center) from time to time as common areas for the Building; provided, however, that (i) Tenant's ’s use thereof shall be subject to (A) the provisions of any covenants, conditions and restrictions regarding the use thereof now or hereafter recorded against the Real PropertyProject, and (B) such reasonable, non-discriminatory rules, rules and regulations and restrictions as Landlord may make from time to time (which shall be provided in writing to Tenant), and (ii) except as otherwise provided in Section 24.31 below, Tenant may not go on the roof of Building or the Other Existing Buildings without Landlord's ’s prior consent (which may be withheld in Landlord's ’s sole and absolute discretion) and without otherwise being accompanied by a representative of LandlordLandlord (provided, however, Tenant shall, pursuant to Section 24.33 hereof, have the right to access the roof for purposes of installing and maintaining a satellite dish and/or antenna thereon). Landlord reserves (and/or any other owners of Xxxxxx Xxxxx Science Center) reserve the right from time to time to use any of the common areas of the Real PropertyProject, and the roof, risers and conduits of the Building and the Other Existing Buildings for telecommunications and/or any other purposes, and to do any of the following: (1) make any changes, additions, improvements, repairs and/or replacements In in or to the Real Property Project or any portion or elements thereof, including, without limitation, (x) changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and common areas, parking spaces, parking structures and parking areas, and (y) expanding or decreasing the size of the Real Property Project and any common areas and other elements thereof, including adding or adding, deleting and/or excluding buildings (including any of the Other Existing Buildings) thereon and therefrom; (2) close temporarily any of the common areas while engaged in making repairs, improvements or alterations to the Real PropertyProject; (3) retain and/or form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, XXXXXX XXXXX SCIENCE CENTER Regulus Therapeutics repair and/or replace all or any portion of the landscaping landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other common areas located outside of the Building and the Other Existing Buildings and, subject to Article 4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Direct Operating Expenses or Tax Expenses; and (4) perform such other acts and make such other changes with respect to the Real Property Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate; provided, however, that Landlord agrees to exercise its rights under this Section 1.1.3 so as not to materially and/or adversely interfere with . Tenant's ’s use of and access the common areas shall also include the right to the Premises (including Tenant's parking rights hereunder; and provided further that any such action be use, in accordance with the covenants, conditions terms of Exhibit D (and restrictions referred other commercially reasonable rules and regulations promulgated by Landlord); any common area amenities which may be located from time to in Section 5.1) below. Landlord, as part of Operating Expenses, agrees to maintain the common areas of the Real Property in first-class manner consistent with other first-class office buildings time in the Central San Diego County areaProject, including a fitness center, café, bocce ball court, barbecue pits, ping pong, seating areas and a conference center.