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
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 F
-4-
[SAN RAFAEL CORPORATE CENTER]
[BIOMARIN PHARMACEUTICAL INC.]
EXHIBIT G
SAN RAFAEL CORPORATE CENTER
RIGHT TO LEASE ADJACENT BUILDING AGREEMENT
THIS RIGHT TO LEASE ADJACENT BUILDING AGREEMENT (this "Agreement") is made and
entered into as of December 31, 2011, by and between SR CORPORATE CENTER PHASE
TWO, LLC, a Delaware limited liability company ("Landlord"), and BIOMARIN
PHARMACEUTICAL INC., a Delaware corporation ("Tenant").
RECITALS
A. Concurrently herewith, Landlord and Tenant are entering into a Lease for the
entire building located at 770 Lindaro Street (the "770 Lease") and a Lease of
space within the building at 790 Lindaro Street (the "790 Lease", and
collectively with the 770 Lease, the "Leases"), in San Rafael, California
(collectively the "Premises"). The Premises are located in two of the buildings
in a project known as "San Rafael Corporate Center" (the "Project").
B. Landlord is the owner of property in the Project at 791 Lincoln Avenue, San
Rafael, California, which is adjacent to the Premises (the "Development Site").
C. The Development Site is currently entitled for the construction of one
(1) four (4) story building consisting of approximately 83,040 square feet (the
"New Building"). In conjunction with the construction of the New Building,
Landlord intends to construct a parking garage at 788 Lincoln Avenue, San
Rafael, California for use by tenants of the Project and not the public (the
"Parking Garage").
D. Landlord has completed final working drawings for the New Building, which
have been approved by the City of San Rafael and are ready to submit for
building permits (the "Existing Plans"), as described on Schedule 1 attached
hereto.
E. In connection with the Lease, Landlord has agreed to grant to Tenant a right
to