BE EXTENDED TO THE DATE WHICH IS THE NEXT BUSINESS DAY.
PRESENTATION OF A DRAWING UNDER THIS LETTER OF CREDIT MAY BE MADE ON OR PRIOR TO
THE THEN CURRENT EXPIRATION DATE HEREOF BY HAND DELIVERY, COURIER SERVICE,
OVERNIGHT MAIL, OR FACSIMILE. PRESENTATION BY FACSIMILE TRANSMISSION SHALL BE BY
TRANSMISSION OF THE ABOVE REQUIRED SIGHT DRAFT DRAWN ON US TOGETHER WITH THIS
LETTER OF CREDIT TO OUR FACSIMILE NUMBER, [Insert Fax Number -
(
)
-
], ATTENTION: [Insert Appropriate Recipient], WITH TELEPHONIC
CONFIRMATION OF OUR RECEIPT OF SUCH FACSIMILE TRANSMISSION AT OUR TELEPHONE
NUMBER [Insert Telephone Number - (
)
-
] OR TO SUCH OTHER FACSIMILE
OR TELEPHONE NUMBERS, AS TO WHICH YOU HAVE RECEIVED WRITTEN NOTICE FROM US AS
BEING THE APPLICABLE SUCH NUMBER. WE AGREE TO NOTIFY YOU IN WRITING, BY
NATIONALLY RECOGNIZED OVERNIGHT COURIER SERVICE, OF ANY CHANGE IN SUCH
DIRECTION. ANY FACSIMILE PRESENTATION PURSUANT TO THIS PARAGRAPH SHALL ALSO
STATE THEREON THAT THE ORIGINAL OF SUCH SIGHT DRAFT AND LETTER OF CREDIT ARE
BEING REMITTED, FOR DELIVERY ON THE NEXT BUSINESS DAY, TO [Insert Bank Name] AT
THE APPLICABLE ADDRESS FOR PRESENTMENT PURSUANT TO THE PARAGRAPH FOLLOWING THIS
ONE.
WE HEREBY ENGAGE WITH YOU THAT ALL DOCUMENT(S) DRAWN UNDER AND IN COMPLIANCE
WITH THE TERMS OF THIS STANDBY LETTER OF CREDIT WILL BE DULY HONORED IF DRAWN
AND PRESENTED FOR PAYMENT AT OUR OFFICE LOCATED AT [Insert Bank Name], [Insert
Bank Address], ATTN: [Insert Appropriate Recipient], ON OR BEFORE THE EXPIRATION
DATE OF THIS CREDIT,
(Expiration Date)
.
IN THE EVENT THAT THE ORIGINAL OF THIS STANDBY LETTER OF CREDIT IS LOST, STOLEN,
MUTILATED, OR OTHERWISE DESTROYED, WE HEREBY AGREE TO ISSUE A DUPLICATE ORIGINAL
-3-
HEREOF UPON RECEIPT OF A WRITTEN REQUEST FROM YOU AND A CERTIFICATION BY YOU
(PURPORTEDLY SIGNED BY YOUR AUTHORIZED REPRESENTATIVE) OF THE LOSS, THEFT,
MUTILATION, OR OTHER DESTRUCTION OF THE ORIGINAL HEREOF.
EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS STANDBY LETTER OF
CREDIT IS SUBJECT TO THE "INTERNATIONAL STANDBY PRACTICES" (ISP 98)
INTERNATIONAL CHAMBER OF COMMERCE (PUBLICATION NO. 590).
Very truly yours, (Name of Issuing Bank) By:
-4-
LEASE
BRITANNIA SEAPORT CENTRE
HCP LS REDWOOD CITY, LLC,
a Delaware limited liability company,
as Landlord,
and
RELYPSA, INC.,
a California corporation,
as Tenant.
TABLE OF CONTENTS
Page
1.
PREMISES, BUILDING, PROJECT, AND COMMON AREAS
4
2.
LEASE TERM; OPTION TERM
5
3.
BASE RENT
7
4.
ADDITIONAL RENT
7
5.
USE OF PREMISES
12
6.
SERVICES AND UTILITIES
18
7.
REPAIRS
18
8.
ADDITIONS AND ALTERATIONS
20
9.
COVENANT AGAINST LIENS
21
10.
INSURANCE
22
11.
DAMAGE AND DESTRUCTION
24
12.
NONWAIVER
24
13.
CONDEMNATION
25
14.
ASSIGNMENT AND SUBLETTING
25
15.
SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES
28
16.
HOLDING OVER
29
17.
ESTOPPEL CERTIFICATES
29
18.
SUBORDINATION
30
19.
DEFAULTS; REMEDIES
30
20.
COVENANT OF QUIET ENJOYMENT
32
21.
SECURITY DEPOSIT
32
22.
COMMUNICATIONS AND COMPUTER LINE
35
23.
SIGNS
35
24.
COMPLIANCE WITH LAW
36
25.
LATE CHARGES