Use of Terms. The parties agree and acknowledge that when, in this Agreement, [[Organization B:Organization]] is required to use its reasonable best efforts to perform any covenant under this Agreement, such requirement shall not obligate [[Organization B:Organization]], in the reasonable judgment of the disinterested members of its Board of Directors, to perform any act that will have a material adverse effect on [[Organization B:Organization]].

Use of Certain Terms. As used in this Agreement, the words "herein", "hereof", and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular paragraph, subparagraph or other subdivision.

Use. As of the Effective Date, # the words “and carbon monoxide alarms, detectors or systems” are added after “fire extinguishers” in Paragraph 51(b) of the Rider to the Original Lease, and # the words “and for parking tractor trailers and/or containers” are inserted at the end of the second sentence of Paragraph 51(c) of the Rider to the Original Lease.

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that is reasonably likely to damage to the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share (as set forth on Page 1 without adjustment pursuant to Section 5) as usually furnished for the Permitted Use.

Use. Tenant shall exercise its rights under this Section 40 and use the Shared Suite Area in a manner that complies with all applicable Legal Requirements and any and all reasonable rules and regulations which may be adopted by Landlord from time to time for the use of the Shared Suite Area by all parties entitled to use the same and which shall be applied to all users of the Shared Suite Area in a non-discriminatory manner. Tenant agrees to cause its employees who will be using the Shared Suite Area to complete all training programs, if any, mandated by Landlord relating to the use of the Shared Suite Area.

Use. Subtenant shall use the Shared Area only for general office use, and shall use the Subleased Premises for the Permitted Use under the Master Lease, consistent with first class life sciences projects in Brisbane, California, and in compliance with, and subject to, applicable laws and the terms of the Master Lease and this Sublease. Subtenant shall comply with all reasonable rules and regulations promulgated from time to time by Master Landlord or Sublandlord.

Use. Notwithstanding the foregoing Section 11(a), during the Term, each Party shall have the right to use the other Party’s Confidential Information in carrying out its respective responsibilities under this Agreement.

Use. Tenant shall use the Premises only for the operation of a surface parking lot open to the public and other accessory use related to a surface parking lot which are approved by Landlord, which approval shall not be unreasonably withheld or delayed.

USE. LESSEE shall use the premises only for executive and administrative offices and a laboratory.

Amendments. The Committee may at any time alter or amend this Award to the extent # permitted by law, # permitted by the rules of any stock exchange on which the Common Stock or any other security of the Corporation is listed, and # permitted under applicable provisions of the U.S. Securities Act of 1933, as amended, the U.S. Securities Exchange Act of 1934, as amended (including rule 16b-3 thereof).