DEPOSIT, RENTAL SECURITY OR ANY OTHER SUMS DEPOSITED WITH THE ORIGINAL LANDLORD
OR ANY OTHER LANDLORD UNDER THE LEASE AND NOT DELIVERED TO LENDER OR THE
PURCHASER, AS THE CASE MAY BE; PROVIDED THAT LENDER OR SUCH PURCHASER SHALL BE
LIABLE TO TENANT UNDER THE TERMS OF THE LEASE TO THE EXTENT OF ANY SUCH DEPOSIT
OR RENTAL SECURITY THAT IS ACTUALLY RECEIVED BY SUCH LENDER OR PURCHASER FROM
TENANT THAT IS FREE AND CLEAR OF ANY INTEREST OF LANDLORD OR ANY OTHER LANDLORD
UNDER THE LEASE;
(C)
BE BOUND BY ANY CANCELLATION, SURRENDER,
AMENDMENT, WAIVER OF RIGHTS OR MODIFICATION OF THE LEASE SUBSEQUENT TO THE DATE
OF THE TENANT ESTOPPEL CERTIFICATE DATED OCTOBER 21, 2009 NOT CONSENTED TO IN
WRITING BY LENDER (UNLESS SUCH CONSENT IS NOT REQUIRED PURSUANT TO THE LOAN
AGREEMENT OR SECURITY INSTRUMENT), OR UNLESS THE RESULT OF A TERMINATION ARISING
UNDER THE TERMS OF THE LEASE);
(D)
BE BOUND BY OR SUBJECT TO ANY DEFENSE OR
OFFSET ON THE PART OF TENANT FOR ANY PAYMENT OF RENT MORE THAN THIRTY (30) DAYS
IN ADVANCE OF THE DATE DUE UNDER THE TERMS OF THE LEASE, UNLESS LENDER SHALL
HAVE ACTUALLY RECEIVED SUCH RENT OR LENDER HAS CONSENTED TO SUCH ADVANCE PAYMENT
IN WRITING, WHICH CONSENT LENDER MAY GRANT OR WITHHOLD IN ITS SOLE AND ABSOLUTE
DISCRETION;
(E)
BE LIABLE TO TENANT FOR COMPLETING
LANDLORD'S WORK UNDER THE LEASE OR FOR ANY UNPAID TENANT IMPROVEMENT ALLOWANCE
UNDER THE LEASE; OR
(F)
BE BOUND BY ANY PURCHASE OPTION OR RIGHT
OF FIRST REFUSAL TO PURCHASE THE PREMISES GRANTED TO TENANT UNDER THE LEASE.
5.
FURTHER DOCUMENTS.
EXCEPT AS EXPRESSLY
PROVIDED FOR HEREIN, THE FOREGOING PROVISIONS SHALL BE SELF-OPERATIVE AND
EFFECTIVE WITHOUT THE EXECUTION OF ANY FURTHER INSTRUMENTS ON THE PART OF ANY
PARTY HERETO.
TENANT AGREES, HOWEVER, TO EXECUTE AND DELIVER TO LENDER OR TO
ANY PERSON TO WHOM TENANT AGREES TO ATTORN PURSUANT HERETO SUCH OTHER
INSTRUMENTS AS LENDER OR SUCH PERSON SHALL REASONABLY REQUEST IN ORDER TO
CONFIRM SAID ATTORNMENT.
6.
NOTICE AND CURE.
TENANT AGREES THAT IF
THERE OCCURS A DEFAULT BY LANDLORD UNDER THE LEASE:
(A)
A COPY OF EACH NOTICE GIVEN TO LANDLORD
PURSUANT TO THE LEASE SHALL ALSO BE GIVEN TO LENDER, AND NO SUCH NOTICE SHALL BE
EFFECTIVE FOR ANY PURPOSE UNDER THE LEASE UNLESS SO GIVEN TO LENDER; AND
(B)
LENDER SHALL HAVE ALL RIGHTS OF A MORTGAGEE
TO NOTICE AND CURE PERIODS AS SET FORTH IN SECTION 31 OF THE LEASE.
7.
NOTICES.
ALL NOTICES, DEMANDS AND
REQUESTS GIVEN OR REQUIRED TO BE GIVEN HEREUNDER SHALL BE IN WRITING AND SHALL
BE DEEMED TO HAVE BEEN PROPERLY GIVEN WHEN PERSONALLY SERVED OR IF SENT BY U.S.
REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, OR BY RECOGNIZED OVERNIGHT
DELIVERY SERVICE, ADDRESSED AS FOLLOWS WHEN RECEIVED:
4
Lender:
Pacific Life
Insurance Company
700 Newport Center Drive
Newport Beach, California 92660
Attn: Vice President Portfolio Management
Real Estate Division
Tenant:
Senomyx, Inc.
4767 Nexus Centre Drive
San Diego, California 92121
Attn:
President,