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engineering procedures or environmental investigations on the Property necessary to determine that Lessee's use of the Premises will be compatible with Lessee's engineering, specifications, system designs, operations and Governmental Approvals. 4. Term. The term of this Lease Agreement ("Term") shall be ten (10) years commencing with the issuance of a local governmental building permit allowing Lessee to construct Lessee's Facilities on the Premises or twelve (l2) months from the date of full execution of this Lease Agreement, whichever occurs first ("Commencement Date"). Lessee shall promptly deliver written notice to Lessor of the Commencement Date. Lessee shall have the right to extend the Term of this Lease Agreement for one (I) additional term (the "Renewal Term") of five (5) yeazs. This Lease Agreement shall automatically be extended for the Renewal Term unless Lessee notifies Lessor in writing of Lessee's intention not to extend this Lease Agreement at least thirty (30) days prior to the expiration of the Term. Further, this Lease Agreement shall be automatically extended for two (2) additional five (5) yeaz terms (the "Mutual Renewal Terms") unless Lessee or Lessor notifies the other party of its intention not to extend the Agreement at least six (6) months prior to the expiration of the Mutual Renewal Term. The terms and conditions for the Renewal Term shall be the same terms and conditions as in this Lease Agreement, except that the Rent shall be increased as set forth hereinbelow. 5. Rent. Within fifteen (15) days of the Commencement Date, Lessee shall pay Lessor, as rent, the sum of One Thousand Seven Hundred Fifty Dollars ($1,750.00) ("Rent") per month. Rent shall be payable on the fust day of each month, in advance, to Lessor or Lessor's alternate payee specified in Section 22, Notices and Deliveries. [f the Commencement Date of this Lease Agreement is other than the first day of a calendar month, Lessee may pay on the first day of the Term the prorated Rent for the remainder of the calendar month in which the Term commences, and thereafter Lessee shall pay a full month's Rent on the first day of each calendar month, except that payment shall be prorated for the fmal fractional month of this Lease Agreement, or if this Lease Agreement is terminated before the expiration of any month for which Rent should have been paid. Rent shall be adjusted as of the fifth (5'") anniversary of the Commencement Date of the Term and of any five (5) year Renewal Term by an increase of fifteen percent (15%) of the Rent paid during the previous Term or five (5) year Renewal Term. 6. Due Diligence Contineencv and Pre-Commencement Date Access to Premises. Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease Agreement and prior to the Commencement Date, to enter the Premises for the purpose of making necessary inspections, taking measurements and conducting engineering surveys (and soil tests where applicable) and other reasonably necessary tests to determine the suitability of the Premises for Lessee's Facilities ("Due Diligence"), and for the purpose of prepazing the Premises for the installation or construction of Lessee's Facilities. During any Due Diligence activities or pre-construction work, Lessee shall have insurance which covers such activities as set forth in Sectionl6, Insurance. Lessee will notify Lessor of any proposed tests, measurements or pre-construction work and will coordinate the scheduling of such activities with Lessor. If in the course of its Due Diligence Lessee determines that the Premises aze unsuitable for Lessee's contemplated use, then Lessee shall have the right to terminate this Lease Agreement prior to the Commencement Date by delivery of written notice thereof to Lessor as set forth in Section 13, Termination. 7. Ongoing Access to Premises. Lessee shall have 24 hours a day, 7 days a week access to the Premises ("Access") via Santos Ranch Road (which Road is owned by Lessor) at all times during the Initial Term of this Lease and any Renewal Term at a charge of $125/yeaz during the Initial Term of this Lease and increasing by 3% of each additional Renewal Term. In the event Lessor, its employees or agents impede or deny Access to Lessee, its employees or agents for reasons other than repair or maintenance of Santos Ranch Road, Lessee shall, without waiving any other rights it may have at law or in equity, deduct from Rent amounts then due under the Lease an amount equal to fifty dollazs per day for each day that Access is impeded or denied. 8. Lessee's Work, Maintenance and Repairs. All of Lessee's construction and installation work at the Premises shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Lessee shall submit copies of the site plan and specifications to the Lessor for prior approval, which approval will not be Site No: SF06520A -Santos Ranch Site Address: 3998 Foothill Rd., Pleasanton, CA FINAL LEASE 9.14.08 Page 2 of 12