EMERY STATION OFFICE II, LLC (LANDLORD)
NOVACAL PHARMACEUTICALS, INC. (TENANT)
EMERYSTATION NORTH PROJECT
That certain lease dated June 3, 2004, by and between Emery Station Office II, LLC, a California Limited Liability Company, as
Landlord (“ Landlord ”), and NovaBay Pharmaceuticals, Inc. (formerly Novacal Pharmaceuticals, Inc.), a California Corporation,
as Tenant (“ Tenant ”), a such lease was amended by First Amendment dated June 22, 2004, by Second Amendment dated
July 22, 2004, by Third Amendment dated March 25, 2005, and by Fourth Amendment dated September 30, 2006 (collectively,
the “ Lease ”), is hereby further amended as outlined below. The effective date of this Fifth Amendment shall be November 20,
2007 (the “ Fifth Amendment Effective Date ”). From and after the Fifth Amendment Effective Date the Lease and this Fifth
Amendment thereto shall be referred to as the “ Lease ” for all purposes.
Tenant has requested to lease from Landlord and Landlord has agreed to lease to Tenant (under the terms enumerated
herein) the following additional spaces in the EmeryStation North building:
Suite 360, presently committed to another tenant, which measures 3,052 rentable square feet. Suite 360 can be used as
Suite 370, presently vacant, which measures 3,701 rentable square feet. Suite 370 can be used as office space.
The above spaces are more specifically described on Exhibit A attached hereto.
The lease term and rent applicable to each suite will commence as more fully described below:
Suite 370: The lease term applicable to Suite 370 will commence December 15, 2007. That date shall be referred to as the “
Suite 370 Commencement Date ”.
Suite 360: Suite 360 is presently committed to EmeryStation North tenant Amyris Biotechnologies through a date that is no
later than 30 days after their new space in EmeryStation East is completed and ready for occupancy. At present it is