Notwithstanding any provision to the contrary contained in the
Lease, Landlord and Tenant hereby acknowledge and agree that Tenant has utilized
_______________ and __/100 Dollars ($_______.__) of the Additional TI Allowance
(the "Utilized Additional TI Allowance").
4. Additional Monthly Base Rent.
As a result of Tenant's use of the Utilized
Additional TI Allowance, Tenant is required to pay Additional Monthly Base Rent
calculated as provided in Section 4 of the Tenant Work Letter, which Additional
Monthly Base Rent shall be equal to $______ per month, payable on or before the
first (1st) day of each month commencing as of ____________, and continuing
through the expiration of the initial Lease Term.
5. No Further Modification.
Except as specifically set forth in this Amendment,
all of the terms and provisions of the Lease shall remain unmodified and in full
force and effect.
IN WITNESS WHEREOF, this Amendment has been executed as of the day and year
first above written.
EXHIBIT G
-1-
LANDLORD:
HCP OYSTER POINT III LLC, a Delaware limited liability company
Grand, Incorporated
its general partner
By: ________________________________
Jonathan M. Bergschneider
Executive Vice President
TENANT:
CYTOMX THERAPEUTICS, INC.,
a Delaware corporation
By:
________________________________
Name: ___________________________
Its: ______________________________
By: _____________________________
Name: __________________________
Its: _____________________________
EXHIBIT G
-2-
EXHIBIT H
FORM OF LETTER OF CREDIT
(Letterhead of a money center bank
acceptable to the Landlord)
FAX NO. [(___) ___-____]
SWIFT:
[Insert No., if any]
[Insert Bank Name And Address]
DATE OF ISSUE: ___________________________
BENEFICIARY:
[Insert Beneficiary Name And Address]
APPLICANT:
[Insert Applicant Name And Address]
LETTER OF CREDIT NO. _______________
EXPIRATION DATE:
______________ AT OUR COUNTERS
AMOUNT AVAILABLE:
USD[Insert Dollar Amount]
(U.S. DOLLARS [Insert Dollar Amount])
LADIES AND GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. ___________ IN
YOUR FAVOR FOR THE ACCOUNT OF [Insert Tenant's Name], A [Insert Entity Type], UP
TO THE AGGREGATE AMOUNT OF USD[Insert Dollar Amount] ([Insert Dollar Amount]
U.S. DOLLARS) EFFECTIVE IMMEDIATELY AND EXPIRING ON ___(Expiration Date)___
AVAILABLE BY PAYMENT UPON PRESENTATION OF YOUR DRAFT AT SIGHT DRAWN ON [Insert
Bank Name] WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT(S):
1. THE ORIGINAL OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT AND AMENDMENT(S),
IF ANY.
2. BENEFICIARY'S SIGNED STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED
REPRESENTATIVE OF [Insert Landlord's Name], A [Insert Entity Type] ("LANDLORD")
STATING THE FOLLOWING:
"THE UNDERSIGNED HEREBY CERTIFIES THAT THE LANDLORD, EITHER (A) UNDER THE LEASE
(DEFINED BELOW), OR (B) AS A RESULT OF THE TERMINATION OF SUCH LEASE,
HAS THE
RIGHT TO DRAW DOWN THE AMOUNT OF USD IN ACCORDANCE WITH THE TERMS OF THAT
CERTAIN OFFICE LEASE DATED [Insert Lease Date], AS AMENDED (COLLECTIVELY, THE
"LEASE"), OR SUCH AMOUNT CONSTITUTES DAMAGES OWING BY THE TENANT TO BENEFICIARY
RESULTING FROM THE BREACH OF SUCH LEASE BY THE TENANT THEREUNDER, OR THE
TERMINATION OF SUCH LEASE, AND SUCH AMOUNT REMAINS UNPAID AT THE TIME OF THIS
DRAWING."
OR
"THE UNDERSIGNED HEREBY CERTIFIES THAT WE HAVE RECEIVED A WRITTEN NOTICE OF
[Insert Bank Name]'S ELECTION NOT TO EXTEND ITS STANDBY LETTER OF