{"id":41706,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/220-penobscot-drive-redwood-city-ca-lease-metropolitan-life.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"220-penobscot-drive-redwood-city-ca-lease-metropolitan-life","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/220-penobscot-drive-redwood-city-ca-lease-metropolitan-life.html","title":{"rendered":"220 Penobscot Drive (Redwood City, CA) Lease &#8211; Metropolitan Life Insurance Co. and Maxygen Inc."},"content":{"rendered":"<pre>                           FIRST AMENDMENT TO LEASE\n\nThis First Amendment to Lease ('Amendment') is entered into, and dated for\nreference purposes, as of February 26, 1999 by and between METROPOLITAN LIFE\nINSURANCE COMPANY, a New York corporation (herein referred to as 'Metropolitan'\nor 'Landlord'), as Landlord, and MAXYGEN, INC., a Delaware corporation (herein\nreferred to as 'Tenant'), with reference to the following facts:\n\n                                    RECITALS\n                                    --------\n                                        \n     A.  Landlord and Tenant entered into that certain written Lease (the\n'Lease'), dated as of October 21, 1998, for certain premises consisting of the\nentire building known as 515 Galveston Drive (the 'Original Premises') Redwood\nCity, California, all as more particularly described in the Lease.\n\n     B.  Landlord and Tenant desire to provide for the lease to Tenant of\nExpansion Space A (defined below) for a term shorter than the Term of the\nOriginal Premises and for additional Rent, as specified herein, all subject to\nall of the conditions, terms, covenants and agreements provided in this\nAmendment.\n\n     NOW, THEREFORE, in consideration of the foregoing, and of the mutual\ncovenants set forth herein and of other good and valuable consideration, the\nreceipt and adequacy of which are hereby acknowledged, the parties hereto agree\nas follows:\n\n     Section 1.   Defined Terms. All capitalized terms not otherwise\n     --------     -------------                                     \ndefined herein have the meanings set forth in the Lease unless the context\nclearly requires otherwise.\n\n     Section 2.   Confirmation of Term. Landlord and Tenant acknowledge and\n     ---------    --------------------                                     \nagree that notwithstanding any provision of the Lease to the contrary, as\ncontemplated by Section 1.01(6), Section 1.01(7) and Rider 2 of the Lease, the\nCommencement Date in fact occurred January 25, 1999 and the Expiration Date is\nFebruary 24, 2005.\n\n     Section 3.   Increase in the Security Deposit. Notwithstanding any\n     ---------    --------------------------------                     \nprovision of the Lease to the contrary, upon execution of this Amendment Tenant\nshall pay Landlord Seventy-six Thousand Dollars ($76,000.00) to be held by\nLandlord to increase the amount of the Security Deposit specified in Section\n1.01(14) of the Lease from the amount of Three Hundred and Fifty Thousand\n($350,000.00) to the amount of Four Hundred and Twenty-six Thousand\n($426,000.00), which greater amount is the Security Deposit hereafter required\nunder the Lease. Notwithstanding anything to the contrary contained in the\nforegoing, the following provisions shall apply to the Security Deposit: Within\nthirty (30) days after the date the Expansion Space Term (defined below), as\nextended by the Expansion Option Term provided herein and the Option Term\nprovided in Rider 2 of the Lease (if exercised and applicable), has expired and\nLandlord has\n\n \nrecovered possession of Expansion Space A, Landlord shall return by cash or\ncheck to Tenant the sum of Seventy-six Thousand Dollars ($76,000) of the\nSecurity Deposit, provided that at the time of such return, Tenant shall not be\nin monetary default or non-monetary default under the Lease, nor shall a state\nof facts exist that would be a monetary default or non-monetary default with the\npassage of time or the giving of notice.\n\n     Section 4.   Lease of Expansion Space A.\n     ---------    -------------------------- \n\n     (a) Lease of Space. Landlord hereby leases to Tenant and Tenant hereby\n         --------------                                                    \nhires from Landlord Expansion Space A (defined below) upon and subject to all of\nthe terms, covenants and conditions of the Lease except as expressly provided\nherein. 'Expansion Space A' is the part of the building known as 220 Penobscot\nDrive, Redwood City, California, also known as Building 4 of Phase 1 of the\nProject known as Seaport Centre, which Expansion Space A is shown on Exhibit A\nto this Amendment. Landlord and Tenant hereby agree that Expansion Space A is\nconclusively presumed to be 16,714 square feet of Rentable Area.\n\n     (b) AS-IS. Landlord shall deliver Expansion Space A to Tenant in its\n         -----                                                           \nAS IS condition, without any express or implied representations or warranties of\nany kind by Landlord, its brokers, manager or agents, or the employees of any of\nthem regarding Expansion Space A; and Landlord shall not have any obligation to\nconstruct or install any tenant improvements or alterations or to pay for any\nsuch construction or installation\n\n     (c) Delivery; Commencement Date &amp; Term.  Landlord shall tender to Tenant\n         ---------------------------------- \npossession of Expansion space A on March 1, 1999 and possession will be\nadequately tendered to Tenant by Landlord either delivering the keys (or other\nmeans of access) to Tenant or Tenant's Broker, or by Landlord giving written\nnotice that the keys (or other means of access) to Expansion Space A are\navailable for Tenant or its representative to pick up at the office of Landlord\nor of the Property Manager of Seaport Centre.  The date Landlord tenders\npossession of Expansion Space A to Tenant shall be the Expansion Delivery Date\nand thereupon Tenant's possession of the space shall be subject to all of the\nterms, covenants and conditions of this Lease, including any amounts payable\nunder the Lease, except that Monthly Base Rent shall not be payable by Tenant\nand the initial Term of this lease of Expansion Space A (Expansion Space Term)\nshall not commence until the Expansion Space A Commencement Date ('ESACD').\nTenant's possession from the Delivery Date to ESACD may be referred to as the\nInterim Term, and is for purposes of design and construction of Tenant Work and\nLandlord Work, if any.  The ESACD shall be April 1, 1999.  The Expansion\nSpace Term shall expire the last day of the thirty-sixth (36') month after the\nESACD (the 'Expansion Space Term Expiration Date').\n\n \n     (d) Delay in Delivery. If Landlord does not obtain and tender possession\n         -----------------                                                \nof Expansion Space A by March 1, by reason of the following: (i) the holding\nover or retention of possession of any tenant, tenants or occupants, or (ii) for\nany other reason, then Landlord shall not be subject to any liability for the\nfailure to give possession on said date. Under such circumstances the Delivery\nDate and the ESACD shall be delayed by a number of days equal to the days of\ndelay in Landlord's delivery of possession to Tenant. No such failure to give\npossession shall affect the validity of this Lease or the obligations of the\nTenant hereunder. Within thirty (30) days following the occurrence of the ESACD,\nLandlord and Tenant shall enter into an agreement (which is attached to this\nAmendment as Exhibit B) confirming the ESACD and the Expansion Space Term\n             ---------                                                 \nExpiration Date. If Tenant fails to enter into such agreement, then the ESACD\nand the Expansion Space Term Expiration Date shall be the dates designated by\nLandlord in such agreement.\n\n     (e) Tenant Work Generally. Landlord and Tenant acknowledge and agree that\n         ---------------------                                              \nnotwithstanding any provisions of the Lease to the contrary: (i) Tenant may\ndesire to do certain remodeling, repair, improvement or alteration in connection\nwith its initial occupancy, which for purposes of this Lease is referred to as\nthe Tenant Work; (ii) all Tenant Work, if any, shall be done as Tenant\nAlterations within the meaning of Article Nine of the Lease, subject to and in\ncompliance with all conditions and provisions of the Lease applicable to Tenant\nAlterations, except as otherwise expressly provided in this Amendment; (iii)\nwithout limiting the generality of any provisions of Article Nine, Tenants\nselection of Tenant's space planner and\/or architect and Tenant's selection of\ncontractor(s) shall be subject to Landlord's prior written approval, which shall\nnot unreasonably be withheld; (iv) Tenant shall not be required to obtain a\ncompletion and lien indemnity bond for the Tenant Work; (v) such work, including\nall design, plan review, obtaining all approvals and permits, and construction\nshall be at Tenants sole cost and expense, including delivery to Landlord of\nplans and specifications of. such Tenant Work (including 2 sets of as-built\nMylar's and digitized plans and specifications upon completion to the extent\nsuch work is more than recarpeting and\/or repainting), and (vi) Tenant shall pay\nany expenses of Landlord in accordance with Article Nine, but shall not be\nrequired to pay a fee for review or monitoring of the design or construction of\nthe Tenant Work.\n\n     (f) Design &amp; Construction Responsibility for any Tenant Work. Tenant shall\n         --------------------------------------------------------\nbe responsible for the suitability for the Tenants needs and business of the\ndesign and function of all Tenant Work and for its construction in compliance\nwith all Law as applicable and as interpreted at the time of construction of the\nTenant Work, including all building codes and the ADA (as defined in the Lease).\nTenant, through its architects and\/or space planners ('Tenants Architect'),\nshall prepare all architectural plans and specifications, and engineering plans\nand specifications, for the real property improvements to be constructed by\nTenant in the Premises in sufficient detail to be submitted for approval by\nLandlord to the extent required pursuant to Article Nine of the\n\n \nLease and to be submitted by Tenant for governmental approvals and building\npermits and to serve as the detailed construction drawings and specifications\nfor the contractor, and shall include, among other things, all partitions,\ndoors, heating, ventilating and air conditioning installation and distribution,\nceiling systems, light fixtures, plumbing installations, electrical\ninstallations and outlets, telephone installations and outlets, any other\ninstallations required by Tenant, fire and life-safety systems, wall finishes\nand floor coverings, whether to be newly installed or requiring changes from the\nas-is condition of the Premises as of the date of execution of the Lease. Tenant\nshall be responsible for the oversight, supervision and construction of all\nTenant Work in compliance with this Lease, including compliance with all Law as\napplicable and as interpreted at the time of construction, including all\nbuilding codes and the ADA.\n\n     (g) Monthly Base Rent for Expansion Space A. Notwithstanding any provision\n         --------------------------------------                                \nof the Lease to the contrary, in addition to rent payable for the Original\nPremises, the amount of Monthly Base Rent due and payable by Tenant for\nExpansion Space A on and after the ESACD and monthly in advance on the first day\nof each month thereafter for the Expansion Space Term shall be as follows:\n\n\n<font size=\"2\">\n \nPeriod from\/to     Monthly          Monthly Rate\/SF of Rentable Area\n                               \nMonth 01 - 12      $38,442.20                       $2.30\nMonth 13 - 24      $39,595.46                       $2.369\n \nMonth 25 - 36      $40,782.16                       $2.44\n<\/font>\n\nProvided however, the first installment of Monthly Base Rent shall be paid in\nadvance by Tenant to Landlord concurrently with execution of this Amendment.\n\n     (h) Tenant's Share of Operating Expenses &amp; Tax Expenses.  Notwithstanding\n         ---------------------------------------------------                  \nany provision of the Lease to the contrary, with respect to Expansion Space A,\nTenant shall additionally pay Building Operating Expenses, Phase Operating\nExpenses and Project Operating Expenses accruing on and after the ESACD in the\nshares set forth below:\n\n         Tenant's Building Share:  59.2191%\n         Tenant's Phase Share:     05.5377%\n         Tenant's Project Share:   03.1099%\n\nTenant's respective shares of the respective categories of Operating Expenses\nare currently estimated for the year 1999 to be, in the aggregate, Seven\nThousand Three Hundred and Fifty-four Dollars and Sixteen Cents ($7,354.16) per\nmonth (which equals Forty-four Cents [$0.44] per month per square foot of\nRentable Area.)\n\n \n     (i) Parking. On and after the ESACD during the Expansion Space Term,\n         -------                                                         \nTenant shall have the right to use, in accordance with Section 2.06(c) and other\napplicable terms of the Lease, on an unassigned basis fifty-five (55) Parking\nSpaces in addition to the number specified in section 1.01 (18) of the Lease.\n\n     (j) Signage. Any signage with respect to Expansion Space A shall be in\n         -------                                                           \naccordance with Section 6.06 and other applicable terms of the Lease.\n\n     Section 5.  Option to Extend Expansion Space Term.\n     ---------   ------------------------------------- \n\n     (a) Landlord hereby grants Tenant an option to extend the initial\nExpansion Space Term for an additional period which expires on the Expiration\nDate of the Term of the Lease of the Original Premises (such period may be\nreferred to as the 'Expansion Option Term'), as to the entire Expansion Space A\nas it may then exist, upon and subject to the terms and conditions of this\nSection (the 'Expansion Option to Extend'), and provided that at the time of\nexercise of such right: (i) Tenant must be in occupancy of the entire Expansion\nSpace A; and (ii) there has been no material adverse change in Tenant's\nfinancial position from such position as of the date of execution of the Lease,\nas certified by Tenant's independent certified public accountants, and as\nsupported by Tenant's certified financial statements, copies of which shall be\ndelivered to Landlord with Tenant's written notice exercising its right\nhereunder. If the Expansion Space Term is extended pursuant to this Expansion\nOption to Extend, Landlord and Tenant acknowledge and agree that then Expansion\nSpace A will be part of the Premises and the Option to Extend set forth in Rider\n2 of the Lease applies to the entire Premises (and not less than the entire\nPremises), including Expansion Space A, as the Premises then exists.\n\n     (b) Tenant's election (the 'Election Notice') to exercise the Expansion\nOption to Extend must be given to Landlord in writing no earlier than the date\nwhich is twelve months (12) months before the Expansion Space Term Expiration\nDate and no later than the date which is nine months (9) before the Expansion\nSpace Term Expiration Date. If Tenant either fails or elects not to exercise its\nExpansion Option to Extend by not timely giving its Election Notice, then the\nExpansion Option to Extend shall be null and void.\n\n     (c) The Expansion Option Term shall commence immediately after the\nexpiration of the initial Expansion Space Term. Tenant's leasing of the\nExpansion Space A during the Expansion Option Term shall be upon and subject to\nthe same terms and conditions contained in the Lease except that (i) the Monthly\nBase Rent plus payment of Tenant's Share of Operating Expenses applicable to the\nExpansion Space pursuant to the Lease (in addition to all expenses paid directly\nby Tenant to the utility or service provider, which direct payments shall\ncontinue to be Tenant's obligation) shall be amended to equal the 'Expansion\nOption Term Rent', defined and determined in the manner set forth in the\nimmediately following Subsection; (ii) the Security Deposit, if\n\n \nany, shall be increased within fifteen (15) days after the Prevailing Market\nRent has been determined to equal one hundred percent (100%) of the increase, if\nany, in the monthly installment of Monthly Base Rent hereunder for Expansion\nSpace A, but in no event shall the Security Deposit be decreased; (iii) Tenant\nshall accept Expansion Space A in its 'AS-IS' condition without any obligation\nof Landlord to repaint, remodel, repair, improve or alter the Expansion Space A\nor to provide Tenant any allowance therefor. If Tenant timely and properly\nexercises the Expansion Option to Extend, references in the Lease to the\nExpansion Space Term shall be deemed to mean the initial Expansion Space Term as\nextended by the Expansion Option Term unless the context clearly requires\notherwise.\n\n     (d) The Expansion Option Term Rent shall mean the greater of (i) the\nMonthly Base Rent payable by Tenant for Expansion Space A under this Lease\ncalculated at the rate applicable for the last full month of the initial\nExpansion Space Term, plus payment of Tenant's Share of Operating Expenses\npursuant to the Lease (in addition to all expenses paid directly by Tenant to\nthe utility or service provider, which direct payments shall continue to be\nTenant's obligation) (collectively, 'Preceding Rent') or (ii) the 'Prevailing\nMarket Rent'. As used in this Amendment Prevailing Market Rent shall mean the\nrent and all other monetary payments, escalations and triple net payables by\nTenant, including consumer price increases, that Landlord could obtain from a\nthird party desiring to lease Expansion Space A for a term equal to the\nExpansion Option Term and commencing when the Expansion Option Term is to\ncommence under market leasing conditions, and taking into account the following:\nthe size, location and floor levels of the Expansion Space A; the type and\nquality of tenant improvements; age and location of the Project; quality of\nconstruction of the Project; services to be provided by Landlord or by tenant;\nthe rent, all other monetary payments and escalations obtainable for new leases\nof space comparable to Expansion Space A in the Project and in comparable\nbuildings in the mid-Peninsula area, and other factors that would be relevant to\nsuch a third party in determining what such party would be willing to pay\nthereon, provided, however, that Prevailing Market Rent shall be determined\nwithout reduction or adjustment for 'Tenant Concessions' (as defined below), if\nany, being offered to prospective new tenants of comparable space.  For purposes\nof the preceding sentence, the term 'tenant concessions' shall include, without\nlimitation, so-called free rent, tenant improvement allowances and work, moving\nallowances, and lease takeovers.  The determination of Prevailing Market Rent\nbased upon the foregoing criteria shall be made by Landlord in the good faith\nexercise of Landlord's business judgment. Within thirty (30) days after Tenant's\nexercise of the Expansion Option to Extend, Landlord shall notify Tenant of\nLandlord's determination of Expansion Option Term Rent for Expansion Space A. If\nLandlord's determination of Prevailing Market Rent is greater than the Preceding\nRent, and If Tenant, in Tenant's sole discretion, disagrees with the amount of\nPrevailing Market Rent determined by Landlord, Tenant may elect to revoke and\nrescind the exercise of the Expansion Option to Extend by giving written notice\nthereof to Landlord within thirty (30) days after notice of Landlord's\ndetermination of Prevailing Market Rent.\n\n \n     (e) This Expansion Option to Extend is personal to Maxygen, Inc. and\nmay not be used by, and shall not be transferable or assignable (voluntarily or\ninvoluntarily) to any person or entity except for a Tenant Affiliate.\n\n     (f) Upon the occurrence of any of the following events, Landlord shall\nhave the option, exercisable at any time prior to commencement of the Expansion\nOption Term, to terminate all of the provisions of this Section with respect to\nthe Expansion Option to Extend, with the effect of canceling and voiding any\nprior or subsequent exercise so this Expansion Option to Extend is of no force\nor effect:\n\n         (i)   Tenant's failure to timely exercise the Expansion Option to\nExtend in accordance with the provisions of this Section.\n\n         (ii)  The existence at the time Tenant exercises the Expansion Option\nto Extend or at the commencement of the Expansion Option Term of any default on\nthe part of Tenant under the Lease or of any state of facts which with the\npassage of time or the giving of notice, or both, would constitute such a\ndefault.\n\n         (iii) Tenants third default under the Lease prior to the commencement\nof the Expansion Option Term, notwithstanding that all such defaults may\nsubsequently be cured.\n\n     (g) Without limiting the generality of any provision of the Lease, time\nshall be of the essence with respect to all of the provisions of this Section.\n\n     Section 6.  Time of Essence. Without limiting the generality of any\n     ---------   ---------------                                        \nother provision of the Lease, time is of the essence to each and every term and\ncondition of this Amendment\n\n     Section 7.  Brokers. Notwithstanding any other provision of the Lease\n     ---------   -------                                                  \nto the contrary, Tenant represents that except for CB Richard Ellis, Inc.\n('Tenants Broker'), Tenant has not dealt with any real estate broker, sales\nperson, or finder in connection with this Lease, and no such person initiated or\nparticipated in the negotiation of this Amendment, or showed the Premises to\nTenant. Tenant hereby agrees to indemnify, protect, defend and hold Landlord and\nthe Indemnities (as defined in the Lease), harmless from and against any and all\nliabilities and claims for commissions and fees arising out of a breach of the\nforegoing representation. Landlord agrees to pay any commission to which Cornish\n&amp; Carey ('Landlord's Broker') is entitled in connection with this Amendment\npursuant to Landlord's written agreement with such broker.  Landlord and Tenant\nagree that any commission payable to Tenant's Broker shall be paid by Tenant\nexcept to the extent Tenants Broker and Landlord's Broker have entered into a\nseparate\n\n \nagreement between themselves to share the commission paid to Landlord's Broker\nby Landlord.\n\n     Section 8.   Attorneys' Fees. Each party to this Amendment shall bear\n     ---------    ---------------                                         \nits own attorneys' fees and costs incurred in connection with the discussions\npreceding, negotiations for and documentation of this Amendment. In the event\nany party brings any suit or other proceeding with respect to the subject matter\nor enforcement of this Amendment, the prevailing party (as determined by the\ncourt agency or other authority before which such suit or proceeding is\ncommenced) shall, in addition to such other relief as may be awarded, be\nentitled to recover attorneys' fees, expenses and costs of investigation as\nactually incurred, including court costs, expert witness fees, costs and\nexpenses of investigation, and all attorneys' fees, costs and expenses in any\nsuch suit or proceeding (including in any action or participation in or in\nconnection with any case or proceeding under the Bankruptcy Code, 11 United\nStates Code Sections 101 et seq., or any successor statutes, in establishing or\nenforcing the right to indemnification, in appellate proceedings, or in\nconnection with the enforcement or collection of any judgment obtained in any\nsuch suit or proceeding).\n\n     Section 9.   Effect of Headings; Recitals: Exhibits. The titles or\n     ---------    --------------------------------------               \nheadings of the various parts or sections hereof are intended solely for\nconvenience and are not intended and shall not be deemed to or in any way be\nused to modify, explain or place any construction upon any of the provisions of\nthis Amendment.\n\n     Section 10   Force and Effect.  Except as modified by this Amendment,\n     ----------   ----------------                                        \nthe terms and provisions of the Lease are hereby ratified and confirmed and\nshall remain in full force and effect.  Should any inconsistency arise between\nthis Amendment and the Lease as to the specific matters which are the subject of\nthis Amendment, the terms and conditions of this Amendment shall control.  This\nAmendment shall be construed to be part of the Lease and shall be deemed\nincorporated in the Lease by this reference.\n\n     Section 11.  Entire Agreement; Amendment. The Lease as amended by\n     ----------   ---------------------------                         \nthis Amendment constitutes the full and complete agreement and understanding\nbetween the parties hereto and shall supersede all prior communications,\nrepresentations, understandings or agreements, If any, whether oral or written,\nconcerning the subject matter contained In the Lease as so amended, and no\nprovision of the Lease as so amended may be modified, amended, waived or\ndischarged, in whole or in part, except by a written instrument executed by all\nof the parties hereto.\n\n     Section 12.  Authority. Each party represents and warrants to the\n     ----------   ---------                                           \nother that it has full authority and power to enter into and perform its\nobligations under this Amendment, that the person executing this Amendment is\nfully empowered to do so, and that no consent or authorization is necessary from\nany third party. Landlord may request that Tenant provide Landlord evidence of\nTenants authority.\n\n\n \n     Section 13.   Counterparts. This Amendment may be executed in\n     ----------    ------------                                   \nduplicates or counterparts, or both, and such duplicates or counterparts\ntogether shall constitute but one original of the Amendment. Each duplicate and\ncounterpart shall be equally admissible in evidence, and each original shall\nfully bind each party who has executed it\n\nIN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the\ndate first set forth above.\n\nTENANT:              MAXYGEN, INC.,\n                     a Delaware corporation\n\n                     By: \/s\/ Russell J. Howard                              \n                     Print Name:  Russell J. Howard                         \n                     Title:  President and Chief Executive Officer          \n                     (Chairman of Board, President or Vice President)       \n                     Date:  2-26-99\n                          ------------\n                                                           \n                     By:                                                    \n                     Print Name:                                            \n                     Title:                                                 \n                     (Secretary, Assistant Secretary, CFO or Assistant      \n                     Treasurer)                                             \n\nLANDLORD:            METROPOLITAN LIFE INSURANCE COMPANY,\n                     a New York corporation\n \n                     By:  \/s\/ Edward J. Hayes\n                     Print Name:  Edward J. Hayes\n                     Title:  Assistant Vice President\n                     Date:  3-1-99\n                          ------------\n\n \n                                   EXHIBIT B\n                EXPANSION SPACE A COMMENCEMENT DATE AGREEMENT\n\nMETROPOLITAN LIFE INSURANCE COMPANY, a New York corporation ('Landlord'), and\nMAXYGEN, INC., a Delaware corporation ('Tenant'), have entered into a certain\nAmendment to Lease, which Amendment is dated as of February 26, 1999 (the\n'Amendment'). The original Lease, as amended by the Amendment, may be referred\nto as the 'Lease'.\n\nWHEREAS, Landlord and Tenant wish to confirm and memorialize the Expansion Space\nA Commencement Date (ESACD) as provided for in the Amendment;\n\nNOW, THEREFORE, in consideration of the foregoing and the mutual covenants\ncontained herein and in the Amendment, Landlord and Tenant agree as follows:\n\n     1.   Unless otherwise defined herein, all capitalized terms shall have the\nsame meaning ascribed to them in the Amendment and the Lease.\n\n     2.   The Expansion Space A Commencement Date, as defined in the Amendment,\nis 3\/1\/99\n   ------\n\n     3.   The Expiration Date of the Expansion Space Term is March 31, 2002.\n                                                             -------------- \n\n     4.   Tenant hereby confirms the following:\n\n          (a)  that it has accepted possession of Expansion Space A pursuant to\n               the terms of the Amendment;\n\n          (b)  (intentionally omitted); and\n\n          (c)  that the Lease is in full force and effect.\n\n     5.   Except as expressly modified hereby, all terms and provisions of the\nLease are hereby ratified and confirmed and shall remain in full force and\neffect and binding on the parties hereto.\n\n     6.   The Lease and this Expansion Space A Commencement Date Agreement\ncontain all of the terms, covenants, conditions and agreements between the\nLandlord and the Tenant relating to the subject matter herein. No prior other\nagreements or understandings pertaining to such matters are valid or of any\nforce and effect.\n\n \nTENANT:             MAXYGEN, INC.,\n                    a Delaware corporation\n\n                     By: \/s\/ Russell J. Howard\n                     Print Name: Russell J. Howard\n                     Title: President &amp; CEO\n                     (Chairman of Board, President or Vice President)\n                     Date: 2-26-99\n \n                     By:\n                     Print Name:\n                     Title:\n                     (Secretary, Assistant Secretary, CFO or Assistant\n                     Treasurer)\n                     Date:\n\nLANDLORD:           METROPOLITAN LIFE INSURANCE COMPANY,\n                    a New York corporation\n \n                    By: \/s\/ Edward J. Hayes\n                    Print Name: Edward J. Hayes\n                    Title: Assistant Vice President\n                    Date: 3\/1\/99\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8151,8205],"corporate_contracts_industries":[9445],"corporate_contracts_types":[9583,9579],"class_list":["post-41706","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-maxygen-inc","corporate_contracts_companies-metlife-inc","corporate_contracts_industries-insurance__life","corporate_contracts_types-land__ca","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41706","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41706"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41706"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41706"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41706"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}