Preview | Standard Multi-Tenant Office Lease

1.1 Parties: This Lease (?Lease?), dated for reference purposes only January 30, 2008 is made by and between Blackmore Signal Hill, A California Limited Partnership (?Lessor?) and Genoptix, Inc., a Delaware Corporation (?Lessee?), (collectively the ?Parties?, or individually a ?Party?).

1.2(a) Premises: That certain portion of the Project (as defined below), known as Suite Numbers(s) 200, consisting of approximately 12,472 rentable square feet and approximately 12,033 useable square feet (?Premises?). The Premises are located at: 1555 Faraday Avenue in the City of Carlsbad, County of San Diego, State of California, with zip code 92008. In addition to Lessee?s rights to use and occupy the Premises as hereinafter specified, Lessee shall have non-exclusive rights to the Common Areas (as defined in Paragraph 2.7 below) as hereinafter specified, but shall not have any rights to the roof, the exterior walls, the area above the dropped ceilings, or the utility raceways of the building containing the Premises (?Building?) or to any other buildings in the Project. The Premises, the Building, the Common Areas, the land upon which they are located, along with all other buildings and improvements thereon, are herein collectively referred to as the ?Project.? The Project consists of approximately 21,399 rentable square feet. (See also Paragraph 2)

1.2(b) Parking: forty-eight (48) unreserved and zero (0) reserved vehicle parking spaces at a monthly cost of $zero (0) per unreserved space and $zero (0) per reserved space. (See Paragraph 2.6)

1.3 Term: Two (2) years and zero (0) months (?Original Term?) commencing February 1, 2008 (?Commencement Date?) and ending January 31, 2010 (?Expiration Date?). (See also Paragraph 3)

1.4 Early Possession: N /A (?Early Possession Date?). (See also Paragraphs 3.2 and 3.3)

1.5 Base Rent: $29,309.00 per month (?Base Rent)?, payable on the first day of each month commencing February 1, 2008. (See also Paragraph 4)

x If this box is checked, there are provisions in this Lease for the Base Rent to be adjusted.

1.6 Lessee?s Share of Operating Expense Increase: fifty-eight (58) percent (58%) (?Lessee?s Share?). Lessee?s Share has been calculated by dividing the approximate rentable square footage of the Premises by the total approximate square footage of the rentable space contained in the Project and shall not be subject to revision except in connection with an actual change in the size of the Premises or a change in the space available for lease in the Project.

1.7 Base Rent and Other Monies Paid Upon Execution:

(a) Base Rent: $29,309.00 for the period March 1-31, 2008

(b) Security Deposit: $29,309.00 (?Security Deposit?). (See also Paragraph 5)

(c) Parking: $0.00 for the period

(d) Other: $0.00 for

(e) Total Due Upon Execution of this Lease: $58,618.00

1.8 Agreed Use: General office uses and any other legal related uses permitted under all applicable laws and zoning. (See also Paragraph 6)

1.9 Base Year; Insuring Party. The Base Year is 2008. Lessor is the ?Insuring Party?. (See also Paragraphs 4.2 and 8)

1.10 Real Estate Brokers: (See also Paragraph 15)

(a) Representation: The following real estate brokers (the ?Brokers?) and brokerage relationships exist in this transaction (check applicable boxes):

x Blackmore & Associates, Inc. represents Lessor exclusively (?Lessor?s Broker?);

x Irving Hughes represents Lessee exclusively (?Lessee?s Broker?); or

o represents both Lessor and Lessee (?Dual Agency?).

(b) Payment to Brokers: Upon execution and delivery of this Lease by both Parties, Lessor shall pay to the Brokers the brokerage fee agreed to in a separate written agreement.

1.11 Guarantor. The obligations of the Lessee under this Lease shall be guaranteed by N/A (?Guarantor?). (See also Paragraph 37)


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1.12 Business Hours for the Building: 8:00 a.m. to 6:00 p.m., Mondays through Fridays (except Building Holidays) and 8:00 a.m. to 12:00 p.m. on Saturdays (except Building Holidays). ?Building Holidays? shall mean the dates of observation of New Year?s Day, President?s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and .

1.13 Lessor Supplied Services. Notwithstanding the provisions of Paragraph 11.1, Lessor is NOT obligated to provide the following:

o Janitorial services

x Electricity to individual suites

x Other (specify): telephone to individual suites

1.14 Attachments. Attached hereto are the following, all of which constitute a part of this Lease:

x an Addendum consisting of Paragraphs 50 through 69;

? a plot plan depicting the Premises;

? a current set of the Rules and Regulations;

? a Work Letter;

? a janitorial schedule;

? other (specify):

2. Premises.

2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditions set forth in this Lease. Unless otherwise provided herein, any statement of size set forth in this Lease, or that may have been used in calculating Rent, is an approximation which the Parties agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less.

2.2 Condition. Lessor shall deliver the Premises to Lessee in a clean condition on the Commencement Date or the Early Possession Date, whichever first occurs (?Start Date?), and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (?HVAC?), and all other items which the Lessor is obligated to construct pursuant to the Work Letter attached hereto, if any, other than those constructed by Lessee, shall be in good operating condition on said date, that the structural elements of the roof, bearing walls and foundation of the Unit shall be free of material defects, and that the Premises do not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law.

2.3 Compliance. Lessor warrants to the best of its knowledge that the improvements comprising the Premises and the Common Areas comply with the building codes that were in effect at the time that each such improvement, or portion thereof, was constructed, and also with all applicable laws, covenants or restrictions of record, regulations, and ordinances (?Applicable Requirements?) in effect on the Start Date. Said warranty does not apply to the use to which


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Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lessee?s use (see Paragraph 49), or to any Alterations or Utility Installations (as defined in Paragraph 7.3(a)) made or to be made by Lessee. NOTE: Lessee is responsible for determining whether or not the zoning and other Applicable Requirements are appropriate for Lessee?s intended use, and acknowledges that past uses of the Premises may no longer be allowed. If the Premises do not comply with said warranty, Lessor shall, except as otherwise provided, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify the same. If the Applicable Requirements are hereafter changed so as to require during the term of this Lease the construction of an addition to or an alteration of the Premises, the remediation of any Hazardous Substance, or the reinforcement or other physical modification of the Premises (?Capital Expenditure?), Lessor and Lessee shall allocate the cost of such work as follows:

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