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)
.
EXHIBIT H
-3-
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
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:
EXHIBIT H
-4-
LEASE
THE SHORE AT SIERRA POINT
HCP LS BRISBANE, LLC,
a Delaware limited liability company as Landlord,
and MYOKARDIA, INC.,
a Delaware corporation, as Tenant.
TABLE OF CONTENTS
Page
1.
PREMISES, BUILDING, PROJECT, AND COMMON AREAS
4
2.
LEASE TERM; OPTION TERM
7
3.
BASE RENT
9
4.
ADDITIONAL RENT
9
5.
USE OF PREMISES
15
6.
SERVICES AND UTILITIES
19
7.
REPAIRS
21
8.
ADDITIONS AND ALTERATIONS
22
9.
COVENANT AGAINST LIENS
23
10.
INSURANCE
24
11.
DAMAGE AND DESTRUCTION
26
12.
NONWAIVER
27
13.
CONDEMNATION
28
14.
ASSIGNMENT AND SUBLETTING
28
15.
SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES
31
16.
HOLDING OVER
32
17.
ESTOPPEL CERTIFICATES
32
18.
SUBORDINATION
32
19.
DEFAULTS; REMEDIES
33
20.
COVENANT OF QUIET ENJOYMENT
34
21.
LETTER OF CREDIT
35
22.
COMMUNICATIONS AND COMPUTER LINE
38
23.
SIGNS
38
24.
COMPLIANCE WITH LAW
39
25.
LATE CHARGES
39
26.
LANDLORD'S RIGHT TO CURE DEFAULT; PAYMENTS BY TENANT
39
27.
ENTRY BY LANDLORD
39
28.
TENANT PARKING
40
29.
MISCELLANEOUS PROVISIONS
40
EXHIBITS
A
OUTLINE OF PREMISES
B
TENANT WORK LETTER
C
FORM OF NOTICE OF LEASE TERM DATES
D
FORM OF TENANT'S ESTOPPEL CERTIFICATE
E
ENVIRONMENTAL QUESTIONNAIRE
F
TENANT'S PROPERTY
G
FORM OF AMENDMENT RE: ADDITIONAL MONTHLY BASE RENT
H
FORM OF LETTER OF CREDIT
(i)
INDEX
Page(s)
Accountant
14
Additional Base Building Items
25
Additional Rent
9
Advocate Arbitrators
8
Alterations
22
as built
23
Bank
34
Bank's Credit Rating Threshold
35
Bankruptcy Code
35
Base Building
21
Base Rent
9
BOMA Standard
5
Brokers
43
Builder's All Risk
23
Building
4
Building Systems
21
Chemical Storage Room
20
Clean-up
18
Closure Letter
18
Common Areas
5
Comparable Buildings
8
Comparable Transactions
8
Concessions
8
Construction Period
25