The Building and The Project. The Premises constitutes a portion of the building set forth in [Section 2.1] of the Summary (the " XE "Building" Building"). The Building is part of an office/laboratory project

The Building and The Project. The Premises constitutes the space set forth in [Section 2.1] of the Summary (the "Building"). The Building is part of an office/laboratory project currently known as "Nexus on Grand." The term "Project," as used in this Lease, shall mean # the Building and the Common Areas, and # the land (which is improved with landscaping, parking facilities and other improvements) upon which the Building and the Common Areas are located, and # at Landlord's discretion, any additional real property, areas, land, buildings or other improvements added thereto outside of the Project (provided that any such additions do not increase Tenant's obligations under this Lease).

The Building and The Project. The Premises consist of the entirety of the building set forth in [Section 2.1] of the Summary (the “Building”). The term “Project,” as used in this Lease, shall mean # the Building, # the Common Areas, # the Property and the land upon which the Common Areas are located, and # the additional real property, areas, land, buildings and other improvements subject to that certain Declaration of Covenants, Conditions, Restrictions and Easements for Plaza Six, dated as of ​ and recorded on ​ as instrument Number 85-083796 in the Official Records of Alameda County, California (the “Official Records”), as amended by that certain First Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements dated as of ​, and recorded on ​, as Instrument Number 2019-056223 in the Official Records, and that certain Second Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements dated as of ​, and recorded on ​, as Instrument Number 2019-079180 in the Official Records (as amended, the “Declaration”).

Project or Building Name and Signage. ​ shall have the right at any time to change the name of the Project or Building and to install, affix and maintain any and all signs on the exterior and on the interior of the Project or Building as ​ may, in ​’s sole discretion, desire. ​ shall not use the name of the Project or Building or use pictures or illustrations of the Project or Building in advertising or other publicity or for any purpose other than as the address of the business to be conducted by ​ in the Premises, without the prior written consent of ​.

capital expenditures for expansion of the Project including, without limitation, the original costs incurred # to construct another building at the Project, # to expand the Building, or # to construct a bridge or walkway to connect the Building with any other building at the Project;

Building Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the Building back-up generator, which Landlord shall install as part of Landlord’s Work (the "Generator"), for Tenant’s Share of the Generator’s capacity (after accounting for any Building Common Area requirements) to provide back-up generator services to the Premises. During the Lease Term, Landlord shall maintain the Generator in good condition and repair, and Tenant shall be responsible for a share of the costs of such maintenance and repair based on the proportion of the Generator capacity allocated to the Premises. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Generator, or the failure of the Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom.

Building Directory. In the event that Landlord elects, in its sole discretion, to install a directory in the lobby of the Building, Landlord will list, at Landlord’s expense, the name of Tenant and any permitted subtenants and assignees in such directory based on Tenant’s Proportionate Share. Any such directory shall be maintained by Landlord , at Landlord’s expense.

Landlord may, from time to time, modify Landlord’s calculation and allocation procedures for Operating Expenses, so long as such modifications produce Dollar results substantially consistent with Landlord’s then-current practice at the Project. Landlord or an affiliate(s) of Landlord currently own or lease other property(ies) adjacent to the Project or its neighboring properties (collectively, “Neighboring Properties”). In connection with Landlord performing services for the Project pursuant to this Lease, similar services may be performed by the same vendor(s) for Neighboring Properties. In such a case, Landlord shall reasonably allocate to each Building and the Project the costs for such services based upon the ratio that the square footage of the Building or the Project (as applicable) bears to the total square footage of all of the Neighboring Properties or buildings within the Neighboring Properties for which the services are performed, unless the scope of the services performed for any building or property (including the Building and the Project) is disproportionately more or less than for others, in which case Landlord shall equitably allocate the costs based on the scope of the services being performed for each building or property (including the Building and the Project). Since the Project consists of multiple buildings, certain Operating Expenses may pertain to a particular building(s) and other Operating Expenses to the Project as a whole. Landlord reserves the right in its sole discretion to allocate any such costs applicable to any particular building within the Project to such building, and other such costs applicable to the Project to each building in the Project (including the Building), with the tenants in each building being responsible for paying their respective proportionate shares of their buildings to the extent required under their leases. Landlord shall allocate such costs to the buildings (including the Building) in a reasonable, non-discriminatory manner, and such allocation shall be binding on Tenant.

​ Change Order Request Form

The Borrower agrees that the interests of the Borrower in or to the Project Accounts and the Account Collateral are limited to the rights expressly granted to the Borrower in this Agreement and do not include any other legal or equitable rights, title or interest. The Account Collateral will not constitute repayment of the Obligations until so applied as payments in accordance with the terms of this Agreement and the other Financing Documents.