Common use of Additional Premises Clause in Contracts

Additional Premises. Landlord shall use commercially reasonable efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

Additional Premises. Landlord shall use commercially reasonable efforts to expand (a) As of the Premises to include an additional fifteen thousand four hundred ten date of this Fifth Amendment (15,410the “10th and 11th Floor Commencement Date”), the entire tenth (10th) square feet and eleventh (11th) floors of Rentable Area located the Building, substantially as shown hatched on the first plan annexed hereto as Exhibit A (1stthe “10th and 11th Floors”), shall be added to and shall be considered a part of the Premises. The Term of the Lease with respect to the entire Premises (including both the 10th and 11th Floors and the Fifth Amendment Current Premises) floorshall expire on May 31, as shown 2025. The Term with respect to the Fifth Amendment Current Premises shall not be affected by this Fifth Amendment. (b) Landlord shall, at Landlord’s sole cost, substantially complete the work described on Exhibit A B attached hereto (the “Additional PremisesFifth Amendment Base Building Work”). Tenant shall provide Landlord and its agents, employees and contractors access to the 10th and 11th Floors at all reasonable times to complete the Fifth Amendment Base Building Work. Landlord and Tenant shall use reasonable efforts to coordinate the performance of the Fifth Amendment Base Building Work with the performance of Tenant’s 10th and 11th Floor Initial Work in accordance with good construction practice. Tenant acknowledges that Landlord will not be performing any work affecting the columns in the 10th and 11th Floors and that the columns will be delivered in their “as is” condition as of the 10th and 11th Floor Commencement Date. Other than the Fifth Amendment Base Building Work, Tenant shall accept the 10th and 11th Floors in their “as is” condition as of the 10th and 11th Floor Commencement Date, it being understood that Landlord is not obligated to perform any work or to supply any materials to prepare the 10th and 11th Floors for Tenant’s initial occupancy, except for the Fifth Amendment Base Building Work. (c) on July 1Tenant shall have the right, 2012 within thirty (30) days of the completion of the Fifth Amendment Base Building Work, TIME OF THE ESSENCE, to give Landlord notice of any latent defects in the 10th and 11th Floors that were not (or would not have been) discernible after a diligent examination of the 10th and 11th Floors, provided that such defects are not caused by any Tenant Party. Landlord shall complete or repair any such items promptly, but any such items shall not affect the 10th and 11th Floor Minimum Rent Commencement Date; provided, however, that if such items materially or adversely interfere with or delay Tenant’s ability to perform Tenant’s 10th and 11th Floor Initial Work (as hereinafter defined), and solely a result thereof, Tenant is not able to, and does not, perform any of Tenant’s 10th and 11th Floor Initial Work, or Tenant is actually delayed in performing the 10th and 11th Floor Initial Work, Tenant shall deliver written notice of such delay or impediment to Landlord (a “Additional Premises Delivery DateDelay Notice”). In the event that: (x) Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, does not complete or repair such defect within ten (10) business days prior of Landlord’s receipt of a Delay Notice from Tenant or (y) Tenant is unable to commence or resume the 10th and 11th Floor Initial Work within ten (10) business days after Landlord’s receipt of a Delay Notice from Tenant, Tenant shall receive a one day extension of the 10th and 11th Floor Minimum Rent Abatement Period for each day from the expiration of such ten (10) business day period, through the earlier of: (i) the date that Landlord completes the applicable repair or otherwise cures the impediment to Tenant’s performance of the 10th and 11th Floor Initial Work or (ii) the date that Tenant can or does commence or resume (as applicable) the performance of the 10th and 11th Floor Initial Work in any part of the 10th and 11th Floor. (d) The provisions of Subsection 1B of the Original Lease shall not apply to the Additional Premises Delivery Date10th and 11th Floors. (e) Landlord shall have no liability to Tenant if Landlord is unable to deliver the 10th and 11th Floors to Tenant on any specific date for any reason whatsoever and the validity of this Fifth Amendment and the Lease (and the letting of the 10th and 11th Floors to Tenant) shall not be impaired thereby; provided, however, that the 10th and 11th Floor Commencement Date shall not be deemed to have occurred until the 10th and 11th Floors are delivered to Tenant. This subparagraph (e) constitutes “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law and any other law of like import now or hereafter in effect. Notwithstanding the foregoing or anything else to the contrary contained in this Fifth Amendment, in the event that: (x) Landlord does not substantially complete the Primary Fifth Amendment Base Building Work by January 31, 2017 for any reason other than Unavoidable Delays or interference caused by Tenant and (y) Tenant has obtained Permits for the 10th and 11th Floor Initial Work and is otherwise ready to commence the 10th and 11th Floor Initial Work but is unable to do so, or is actually delayed in performing the 10th and 11th Floor Initial Work, as a result of Landlord’s failure to substantially complete the Primary Fifth Amendment Base Building Work by January 31, 2017, the 10th and 11th Floor Minimum Rent Abatement Period shall be extended by: (i) one (1) day for each day after the date that Tenant advises Landlord in writing that Tenant has obtained Permits for the 10th and 11th Floor Initial Work but is unable to commence the same, or is actually delayed in performing the same, due to Landlord’s failure to timely complete the Primary Fifth Amendment Base Building Work (the “Readiness Notice”) through the earliest to occur of (x) Tenant commencing or resuming the 10th and 11th Floor Initial Work, (y) the date that Landlord substantially completes the Primary Fifth Amendment Base Building Work and (z) February 28, 2017 and (ii) provided that Tenant has delivered a Readiness Notice to Landlord and such delay is not a result of Unavoidable Delay or interference by Tenant, two (2) days for each day from and after March 1, 2017 that Landlord has not substantially completed the Primary Fifth Amendment Base Building Work, and Tenant has not otherwise commenced or resumed (as applicable) the 10th and 11th Floor Initial Work. In the event that: (x) Landlord does not substantially complete the Convector Cover Work by March 15, 2017 for any reason other than Unavoidable Delays or interference caused by Tenant and (y) Tenant has obtained Permits for the 10th and 11th Floor Initial Work and is otherwise ready to commence the 10th and 11th Floor Initial Work but is unable to do so, or is actually delayed in performing the 10th and 11th Floor Initial Work as a result of Landlord’s failure to substantially complete the Convector Cover Work, the 10th and 11th Floor Minimum Rent Abatement Period shall enter into be extended by one (1) day for each day after the date that Tenant advises Landlord in writing that Tenant has obtained Permits for the 10th and 11th Floor Initial Work but is unable to commence the same, or is actually delayed in performing the same, due to Landlord’s failure to complete the Convector Cover Work by March 15, 2017 through the earlier to occur of (x) Tenant commencing or resuming the 10th and 11th Floor Initial Work (as applicable) and (y) the date that Landlord substantially completes the Convector Cover Work. Landlord shall substantially complete the Additional Fifth Amendment Base Building Work at its sole cost on or before February 15, 2017. (f) The definition of “Premises” in Section IIIA of the Lease Information Summary (as revised by Section 2 of the First Amendment, Section 2 of the Second Amendment, and Section 2 of the Third Amendment) is hereby deleted and replaced with the following, “The entire third (3rd), fourth (4th), fifth (5th), sixth (6th), seventh (7th), eighth (8th), ninth (9th), tenth (10th) and eleventh (11th) floors of the Building, as shown cross-hatched on Exhibit 1 annexed hereto and made a written amendment part hereof.” (g) The floor plans attached hereto as Exhibit A shall be deemed to be added to the end of Exhibit 1 of the Lease. (h) The references to the “Commencement Date” in the following provisions of the Lease shall be deemed to refer to the “10th and 11th Floor Commencement Date” with respect to the 10th and 11th Floors only: Subsections 0X, which amendment 0X, 0X, 00X, 00X(xx), 00X(xx) and 26H(i), and Article 30. Except as specifically set forth herein, the term “Commencement Date” as used in the Lease shall provide, unless otherwise agreed in writing, (a) that be deemed to refer to the commencement date of the Additional Lease for the Existing Premises shall be (as defined in the Additional Premises Delivery Date (First Amendment), the term “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease ” shall be increased deemed to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable refer to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms commencement date of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building as provided in common on an unreserved basis with other tenants Section 5 of the Building First Amendment, and the Project at a ratio “7th Floor Commencement Date” shall refer to the commencement date of 3.3 parking spaces per 1,000 rentable square feet of Additional the Lease with respect to the 7th Floor Premises, which amounts as provided in Section 5 of the Second Amendment, and the term “Expansion Premises Commencement Date” shall be deemed to fifty-one refer to the commencement date of the Lease with respect to the Expansion Premises, as provided in Section 5 of the Third Amendment. (51i) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery Landlord represents to Tenant in that, as of the Required Condition 10th and 11th Floor Commencement Date, and on the Additional Premises Delivery Datedate that Landlord completes the Fifth Amendment Base Building Work, then (x) this Amendment the 10th and the Lease 11th Floors shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent comply with all Legal Requirements applicable to the Premises shall be as further described in Section 4.3 then-current condition of this Amendmentthe 10th and 11th Floors.

Additional Premises. Landlord shall use commercially reasonable efforts to expand (a) A portion of the Premises to include an additional fifteen thousand four hundred ten sixteenth (15,41016th) square feet floor of Rentable Area located the Building, substantially as shown hatched on the first (1st) floor, plan annexed hereto as shown on Exhibit Schedule A attached hereto (the “Additional Premises”) on July 1), 2012 (is hereby added to and shall be considered a part of the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to demised under the Lease, commencing on the date on which amendment Landlord shall provide, unless otherwise agreed in writing, (a) that the commencement date tender delivery of the Additional Premises shall be the Additional Premises Delivery Date to Tenant in vacant and broom-clean condition (the “Additional Premises Commencement Date”), (b) that, as . The lease of the Additional Premises Commencement Dateshall expire on October 31, the Premises under the Lease 2018. (b) Tenant shall be increased to include lease the Additional Premises for a total in its “as is” condition as of sixty-one thousand four hundred forty-four (61,444) square feet the date of Rentable Area (togetherthis Agreement, reasonable wear and between the Premises date hereof and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date excepted, it being understood that Landlord shall not be obligated to perform any work to prepare the Additional Premises liar Tenant’s occupancy. Article 38 of the Lease and references to Landlord’s Work shall be as further described in Section 4.2 of this Amendmentinapplicable to the Additional Premises. Notwithstanding the foregoing, (d) Tenant’s new Pro Rata Share of Operating Expenses as of promptly after the Additional Premises Commencement DateDate (and without affecting the occurrence of such date), which Pro Rata Share Landlord shall equal one hundred percent (100%) of xxxxx any asbestos-containing materials in the Building Additional Premises and thirty-three and 51/100 percent (33.51%) of shall deliver to Tenant a Form ACP-5 certificate for the Project and (e) that, in addition Premises. Tenant shall afford Landlord access to the parking which Tenant is entitled Additional 1. Premises to under perform such work. The foregoing shall not be deemed to modify the terms last sentence of Section 9.6 of the Lease with respect to the original Original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

Additional Premises. Landlord shall use commercially reasonable efforts to expand (a) For the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located period commencing from and after the Effective Date hereinafter defined and ending on the first (1st) floorTermination Date provided for in the Lease, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines does hereby demise and lease the Additional Premises will be ready for delivery to unto Tenant, and Tenant in the Required Condition on does hereby lease and hire the Additional Premises Delivery Datefrom Landlord. For purposes of this Amendment, within ten (10) business days prior to the Effective Date shall be the date on which Landlord relocates the existing tenants from the 825 Additional Premises and the 828 Additional Premises and completes building standard "turn-key" improvements for all of the Additional Premises Delivery built to the same standard as Tenant's existing premises. Subject to subparagraph 2(b) below, the Additional Premises shall, from and after the Effective Date, be added to the Premises demised under the Lease, shall be leased by Landlord to Tenant for a term commencing on the Effective Date and ending on the Termination Date, and shall be subject to all of the terms, covenants and provisions of the Lease, except as is expressly provided for herein. (b) Anything herein to the contrary notwithstanding, Landlord and Tenant shall enter into a written amendment agree as follows with respect to the Lease, which amendment shall provide, unless otherwise agreed in writing, lease of the Additional Premises: (a1) that the commencement date The lease by Landlord to Tenant of the Additional Premises shall be is expressly made contingent on Landlord reaching an agreement satisfactory to Landlord for the relocation of the existing tenants from the 825 Additional Premises Delivery Date (and the “828 Additional Premises Commencement Date”)to comparable premises in the Building. (2) If, on or before the expiration of sixty (b60) thatdays from the execution of this Amendment by Landlord and Tenant, as Landlord fails to agree with the existing tenants on the terms and conditions for relocation of such tenants from the 825 Additional Premises and the 828 Additional Premises, neither Landlord nor Tenant shall have any obligation with respect to the lease of the Additional Premises Commencement Date, hereunder. (3) Landlord shall make reasonable efforts to reach satisfactory agreements with the Premises under existing tenants of the Lease shall be increased to include the 825 Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the 828 Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

Additional Premises. Landlord shall use commercially reasonable efforts Reference is made to expand the Premises to include an floor plan attached hereto Exhibit A-1, which depicts certain additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located space on the first (1st) floor, as shown on Exhibit A attached hereto floor of the Building (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”"EXPANSION PREMISES"). In If the event Landlord determines tenant leasing the Additional Expansion Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional date of this Lease does not extend or renew its lease, then on the condition, which condition the Landlord may waive, at its election, by written notice to the Tenant at any time, that as of the Expansion Premises Commencement Date (as hereinafter defined), the Tenant is not in default of its covenants and obligations under this Lease, commencing on the later of (i) April 1, 2001, and (ii) the date the Landlord delivers the Expansion Premises to the Tenant free of all tenants or parties in possession (tile " EXPANSION PREMISES COMMENCEMENT DATE"), the Landlord shall lease to the Tenant and the Tenant shall lease from the Landlord the Expansion Premises for the duration of the then-remaining Term, as the same may be extended pursuant to the terms and provisions of this Lease, subject to all of the terms and conditions set forth herein, except as hereinafter set forth. As of the Expansion Premises Commencement Date, (i) the Expansion Premises shall be added to the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (togetherhereunder and thereafter, the Premises and the Additional Premises shall for all purposes under this Lease be referred deemed to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 consist of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 2,900 rentable square feet of Additional Premisesfloor area, which amounts (ii) Basic Rent shall increase to fiftythe annual rate of Forty Three Thousand Five Hundred Dollars and No Cents ($43,500.00), payable in advance on the first day of each calendar month during the. Term in equal -one . installments of Three Thousand Six Hundred Twenty-Five Dollars and No Cents (51$3,625.00) additional parking spacesin accordance with the terms of this Lease, which number and (iii) Tenant's Percentage shall include three (3) additional Reserved Spacesincrease to 50%, or such other percentage as the rentable square footage of the Premises bears to. In the event rentable square footage of the Additional Building. The Landlord shall deliver the Expansion Premises to the Tenant on the Expansion Premises Commencement Date in as good repair and condition as the Expansion Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 date of this AmendmentLease, reasonable wear and tear excepted.

Additional Premises. (a) In addition to and together with the Premises, from and after the Additional Premises Rent Commencement Date (as defined in Paragraph 4 below), Landlord shall use commercially reasonable efforts leases to expand the Tenant and Tenant leases from Landlord that certain Additional Premises to include an additional fifteen (herein so called) consisting of approximately five thousand four five hundred ten forty-seven (15,4105,547) square feet of Rentable Floor Area located on the first (1st) floor, and identified as shown on Exhibit A attached hereto (the “Additional Premises”) ” on July 1the Site Plan attached hereto as Exhibit “A,” together with the “Outdoor Play Area” identified on the Site Plan attached as “Exhibit C-1.” From and after the Additional Premises Rent Commencement Date, 2012 (references in the Lease to the “Premises” shall be deemed to include the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery DatePremises” and Tenant’s use, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord lease and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date occupancy of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as subject to all of the Additional Premises Commencement Dateterms, covenants and provisions of the Premises under the Lease shall be increased to include the Additional Premises for a total Lease, except as expressly set forth in this Amendment. The term of sixty-one thousand four hundred forty-four (61,444) square feet Tenant’s lease of Rentable Area (together, the Premises and the Additional Premises shall be referred coterminous with the Lease. (b) Landlord consents to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on entry by Tenant in the Additional Premises Commencement Date from and shall be as further after completion by Landlord of the Sewer Work described in Section 4.2 Paragraph 8 hereof for the purposes of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of readying the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent for Tenant’s business operations. Tenant acknowledges that the (100%i) indemnification and waiver provisions of Article 10 of the Building and thirty-three and 51/100 percent Lease, (33.51%ii) the waiver of subrogation provisions of Section 10.5 of the Project Lease, and (e) that, in addition to the parking which Tenant is entitled to under the terms insurance provisions of Article 10 of the Lease with respect Lease, apply to the original Premises, Tenant, for so long as Tenant leases ’s entry in the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

Additional Premises. (a) On a date selected by Landlord shall use commercially reasonable efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410in its sole and absolute discretion) square feet of Rentable Area located on the first (1st) floorbetween March 1, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 2012 and September 1, 2012 (“Delivery Window”), Landlord shall deliver and Tenant shall accept the entire fifth (5th) floor of the Building, consisting of 25,024 rentable square feet of space. (“Additional Premises Delivery DateSpace”). In Landlord shall endeavor to provide Tenant with at least twelve (12) months’ prior written notice of the event Landlord determines the actually Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Space Delivery Date, within ten but in any event shall provide a minimum four (104) business days months’ prior written notice. The parties acknowledge that Landlord’s ability to precisely determine such actual Additional Space Delivery Date depends upon the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment performance by any third parties occupying the space of their obligations to timely vacate the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date same. Upon delivery of the Additional Premises to Tenant (“Additional Space Delivery Date”): (i) The Additional Space shall be delivered and accepted in its entirety and in its then “as is” condition, except that: (1) any damage thereto beyond reasonable wear and tear shall have been repaired by Landlord or at Landlord’s cost and expense, and (2) to the extent requested pursuant to written notice from Tenant delivered to Landlord within thirty (30) days following Landlord’s notice to Tenant regarding the anticipated Additional Space Delivery Date, any material alterations made by any prior occupant thereof to the initial improvements performed therein by Tenant as part of the initial Tenant Improvements (as contemplated in subparagraph (b) below and Exhibit B to the Lease) shall be removed (to the extent requested by Tenant as provided above) and the portions of the Additional Premises Space affected by such removal shall be restored (to its condition following Tenant’s completion of the initial Tenant Improvements therein) by or at the cost and expense of Landlord [The parties acknowledge that the exercise by Tenant of such right to require the performance of certain removal and restoration work by Landlord may delay the Additional Space Delivery Date (including, without limitation, a delay to a date outside of the “Additional Premises Commencement Date”)aforesaid Delivery Window) and, (b) thatprovided that such delay is not caused by the failure of Landlord or its contractors to promptly commence and thereafter diligently pursue completion of such removal and restoration obligations within a commercially reasonable period of time, as no such delay shall in any way result in any liability on the part of Landlord, nor entitle Tenant to exercise any rights against Landlord. If any such delay in delivery of the Additional Space does result from the failure by Landlord or its contractor to timely comply with the foregoing removal and restoration obligations, then Tenant’s sole and exclusive remedy in connection with the same shall be a day-for-day rental abatement with respect to the Additional Space for each day that delivery of the same is delayed beyond the sixtieth (60th) day following the date that Landlord would have otherwise delivered possession of such Additional Space if not for the failure by Landlord or its contractor to timely perform such obligations.]; (ii) The Additional Space shall become part of the Leased Premises Commencement Dateand Tenant shall Lease the same from Landlord pursuant to all of the terms, covenants and conditions of the Lease, for the remainder of the initial Term (and the Renewal Term, if exercised); (iii) As a result, the size of the Leased Premises under the Lease shall be increased by 25,024 square feet (to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) 79,780 square feet of Rentable Area (togetherfeet, unless the Leased Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable was previously increased in size pursuant to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 terms of this Amendment, Paragraph 4 below or otherwise); (div) Tenant’s new Pro Rata Proportionate Share of Operating Expenses as shall be increased in order to reflect the increased size of the Leased Premises; (v) Tenant, at its sole cost and expense, shall undertake any additional improvements and alterations to the Additional Premises Commencement DateSpace that Tenant deems necessary or desirable in connection with Tenant’s use or occupancy of the same (“Additional Improvements”), which Pro Rata Share Additional Improvements shall equal one hundred percent (100%) of the Building be performed subject to and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under accordance with the terms of Article 22 of the Lease (including without limitation, the requirement that Tenant obtains Landlord’s prior written approval with respect to the original same). (vi) [***] (vii) Beginning on the thirty-first (31st) day following the Additional Space Delivery Date and continuing throughout the balance of the Lease Term, Tenant shall pay Basic Rent with respect to the Additional Space at the then escalated per square foot Basic Rental Rate then payable by Tenant with respect to the Office Space portion of the Premises in accordance with the terms of Section 1(a)(2) of the Lease (such Basic Rent shall be escalated along with and at the same time as the annual escalation of Tenant’s Basic Rent with respect to the Office Space). (b) The parties acknowledge that, as part of the Tenant Improvements to be performed by Tenant in connection with its initial occupancy of the Leased Premises, Tenant, for so long as Tenant leases at its cost and expense, shall also perform certain improvements to the Additional Premises, shall have Space for the purposes of making the same leasable to a non-exclusive license third party and reasonably compatible with Tenant’s Improvements to use the parking facilities serving the Building in common on an unreserved basis with other tenants Office Space portion of the Building Leased Premises. That portion of the Tenant Improvements to be performed with respect to the Additional Space shall be performed in accordance with the space plan set forth in Exhibit H to the Lease. The parties agree that, at a minimum such Additional Space Tenant Improvements shall include: 1) a Z -Corridor; 2) an area for a reception area on both sides of the elevator lobby to allow for two occupants on the floor; 3) a kitchen or galley on each side of the floor; 4) a copy/file room on each side of the floor; 5) a demising partition dividing the floor into two suites except that the circulation corridor within the premises will be left open until, and if, two tenant’s occupy the floor; 6) a mix of conference rooms, offices and open areas for systems furniture. However, notwithstanding the foregoing, the parties acknowledge that the portion of the Tenant Improvements to be performed with respect to the Additional Space shall not include any carpeting and base; it being agreed that such carpeting and base shall be installed by Landlord and/or a third party leasing or occupying the space during the period prior to the Delivery Window. (c) The Tenant Improvements applicable to the Additional Space shall be completed by Tenant no later than thirty (30) days following the Rent Commencement Date. Tenant’s temporary possession and occupancy of and access to the Additional Space during the period between the Lease Commencement Date and the Project at a ratio thirtieth (30th) day following the Rent Commencement Date shall only be for the purpose of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In performing the event Tenant Improvements in the Additional Premises Space, and such temporary possession and occupancy and access shall be subject to all of the terms, covenants and conditions of the Lease. Upon expiration of such thirtieth (30th) day following the Rent Commencement Date, Tenant’s rights with respect to such Additional Space will end and shall not resume until possession of the Additional Space is not ready for delivery delivered to Tenant in the Required Condition on the Additional Premises Space Delivery Date. Following Tenant’s completion of the Tenant Improvements to the Additional Space (which completion shall be no later than the thirtieth (30th) day following the Rent Commencement Date), Landlord shall be free to lease the Additional Space to any third party upon such terms and conditions as Landlord (or otherwise utilize such Additional Space), in its sole and absolute discretion shall determine (subject, of course, to Landlord’s obligation to deliver the same to Tenant during the Delivery Window. If Tenant fails to timely complete the Tenant Improvements applicable to the Additional Space prior to the expiration of the aforesaid thirtieth (30th) day following the Rent Commencement Date, then notwithstanding any provision hereof to the contrary, Tenant shall be obligated to pay Landlord Annual Basic Rent and additional rent with respect to such Additional Space in accordance with the terms of subparagraphs (xa)(iv) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (zvii) above until such time as Tenant completes the new Basic Annual Rent applicable Tenant Improvements therein and relinquishes all possession and occupancy of such Additional Space and returns the same to the Premises shall be as further described in Section 4.3 of this AmendmentLandlord.

Additional Premises. Landlord shall use commercially reasonable efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet Effective as of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery Lease Commencement Date, in addition to the Initial Premises, Tenant shall lease from Landlord and Landlord shall lease to Tenant the Additional Premises. Accordingly, (i) Tenant shall commence payment of “Base Rent,” as that term is defined in Article 3, below, and “Additional Rent,” as that term is defined in Section 4.1, below, for the Required Condition Additional Premises on the Additional Premises Delivery Lease Commencement Date, within ten and (10ii) business days prior to effective upon the Additional Premises Delivery Lease Commencement Date, Landlord and notwithstanding any contrary provision of this Lease, the Premises shall include the Initial Premises and the Additional Premises. Tenant’s lease of the Additional Premises shall terminate concurrently with Tenant’s lease of the Initial Premises on the Lease Expiration Date, unless this Lease is sooner terminated in accordance with the terms hereof. Tenant acknowledges and agrees that Tenant shall enter into a written amendment continue to accept the LeaseAdditional Premises on the Additional Premises Lease Commencement Date is its then existing, which amendment shall provide“as is” condition. Except as provided in this Section 1.2, unless otherwise agreed in writing, (a) that the commencement date Tenant’s lease of the Additional Premises shall be subject to the terms and conditions set forth in this Lease. Tenant’s occupancy of the Additional Premises Delivery after the termination of the ARMO Lease shall be deemed pursuant to this Lease and not as a holdover under the ARMO Lease and ARMO shall be deemed to have surrendered the Additional Premises in the required condition notwithstanding Tenant’s continued occupancy thereof. Landlord agrees that in the event the ARMO Lease is terminated prior to the Additional Premises Lease Commencement Date, Tenant will automatically become a direct tenant of Landlord in the Additional Premises on all of the terms and conditions of this Lease (subject to the last sentence of this Section 1.4), Landlord will recognize Tenant on all of the terms and conditions of the Lease, and Tenant will attorn to Landlord on all of such terms from the date of such termination through the Additional Premises Lease Commencement Date (the “Additional Premises Commencement DateRecognition Lease Period”). The termination of the ARMO Lease, (b) that, as and direct lease of the Additional Premises Commencement Dateby Tenant as set forth above, the Premises under the Lease shall be increased to include not modify the Additional Premises Lease Commencement Date or Lease Expiration Date under this Lease. During the Recognition Lease Period, Tenant shall pay Base Rent and Additional Rent for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under accordance with the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this AmendmentSublease.

Additional Premises. Landlord The “Additional Premises” shall use commercially reasonable efforts to expand mean a portion of the balance of Floor 12 of the Building that is outlined as the Additional Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “hereto. The Additional Premises”) , together with the Existing Subleased Premises, are currently leased by MFS under a lease currently scheduled to expire on July 1February 28, 2012 (2013, without any right of extension. Landlord shall not extend the “Additional term of the MFS’s lease in respect of any portion of the Leased Premises Delivery Date”)beyond the scheduled expiration date set forth above. In the event MFS has advised Landlord determines that it may vacate the Additional Premises will be ready for delivery prior to Tenant such scheduled expiration date, in the Required Condition on which event the Additional Premises Delivery Date, within ten (10) business days may become available for space preparation work prior to such date. As used herein, the Additional Premises “Scheduled Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of Period” for the Additional Premises shall be mean the Additional Premises period commencing on December 1, 2012 and ending on April 1, 2013. The “Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises ” for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as mean the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, date on which shall commence on Landlord delivers the Additional Premises Commencement to Tenant, free and clear of all occupants and after substantial completion of the work that is required under Section 3.05 below to be performed by Landlord prior to the Delivery Date and for the Additional Premises. Landlord shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of use reasonable efforts to so deliver the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent to Tenant as early as is practicable during the Scheduled Delivery Period (100%) of after MFS vacates and surrenders such space and Landlord has substantially completed the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition work that it is required to perform prior to the parking which Delivery Date under Section 3.05 below), provided that (i) the Additional Premises shall not be delivered to Tenant is entitled to under the terms of the Lease with respect prior to the original PremisesScheduled Delivery Period, Tenant, for so long as unless Tenant leases elects to accept such early delivery of the Additional Premises, and (ii) any delay in such delivery beyond the Scheduled Delivery Period shall have a non-exclusive license not give rise to use any claim, damage, or liability of Landlord, except that the parking facilities serving the Building Rent Commencement Date (solely in common on an unreserved basis with other tenants respect of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-) shall be delayed by one day for each day (51if any) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In that the event Delivery Date for the Additional Premises is not ready for delivery to Tenant delayed after the last day of the Scheduled Delivery Period (it being agreed, however, that such delay in the Required Condition on Rent Commencement Date for the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable derogate from Landlord’s ongoing obligation to Tenant for any loss or damage resulting therefrom and (z) continue to use reasonable efforts to deliver the new Basic Annual Rent applicable to Additional Premises as soon as possible after the Premises shall be as further described in Section 4.3 end of this Amendmentthe Scheduled Delivery Period).

Additional Premises. Landlord shall use commercially reasonable efforts to expand (a) The entire sixth (6th) floor of the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located Building, substantially as shown hatched on the first (1st) floor, plan annexed hereto as shown on Exhibit Schedule A attached hereto (the “Additional Premises”) on July 1), 2012 (is hereby added to and shall be considered a part of the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to demised under the Lease, which amendment shall providecommencing on April 1, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date 2014 (the “Additional Premises Commencement Date”). For purposes of the initial Term of the Lease, (b) thatLandlord and Tenant agree, as of without representation, that the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) contains 38,950 rentable square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”28,434 usable square feet), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms . The Term of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases Additional Premises shall be coterminous with the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants Term of the Building and Lease for the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Original Premises, which amounts to fifty-one . (51b) additional parking spaces, which number Tenant shall include three (3) additional Reserved Spaces. In the event lease the Additional Premises is not ready for delivery to Tenant in its “as is” (but broom clean) condition as of the Required Condition on date of this Agreement, reasonable wear and tear and any damage from casualty between the date hereof and the Additional Premises Delivery DateCommencement Date excepted, then it being understood that (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable obligated to perform any work to prepare the Additional Premises for Tenant’s occupancy, except that prior to the Additional Premises Commencement Date, Landlord shall (i) remove the internal staircase between the fifth and sixth floors of the Building and seal the slab between such floors in a manner which is structurally sound and in compliance with applicable Laws (or cause the existing tenant of the Additional Premises to do so) and (ii) complete the work described in subparagraph (c) below, and (y) Landlord makes no representations, warranties or promises with respect to the Additional Premises. The foregoing is not intended to relieve Landlord from its ongoing maintenance, restoration and compliance with Law obligations set forth in the Lease. The provisions of Section 2.1(B)-(E) and Article 38 of the Lease, references to “Landlord’s Work” and Schedule I of the Lease shall be inapplicable for the Additional Premises. Landlord has delivered to Tenant for a Form ACP-7 with respect to Landlord’s demolition of the Additional Premises evidencing that any loss ACM has been removed. (c) Prior to the Additional Premises Commencement Date, Landlord, at its expense, shall (i) flash-patch the floors in the Additional Premises, as necessary, (ii) remove all ceiling hangers in the Additional Premises and patch the ceiling, as necessary, (iii) scrape loose paint from the columns in the Additional Premises, and patch the same, as necessary, (iv) ensure that all windows in the Additional Premises are caulked and any missing mullion caps are replaced, as necessary, (v) replace or damage resulting therefrom remove the damaged solar film in one window, and (zvi) install a Building standard window on the new Basic Annual Rent applicable to north side of the Additional Premises shall be as further described in Section 4.3 outside of this Amendmentthe mechanical equipment room where a louver presently exists.

Additional Premises. Effective as of the Additional Premises Commencement Date (as defined below), the premises located on the second (2nd) floor of the Building and outlined on attached Exhibit A-1 and labeled “Additional Premises” shall be added to the Lease. The “Additional Premises Commencement Date” is the date that the Additional Premises are delivered to Tenant in Delivery Condition (as defined in Paragraph 2.a. below). The parties presently estimate that the Additional Premises Commencement Date will occur on or about October 1, 2015. Notwithstanding the foregoing, in the event of a delay in the Additional Premises Commencement Date, neither this Amendment nor the Lease shall be void or voidable, nor shall Landlord be liable to Tenant for such delay, but Landlord shall use commercially reasonable reasonably efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines cause the Additional Premises will be ready Commencement Date to occur as soon as reasonably possible following October 1, 2015. Landlord Tenant agree that, for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to all purposes of the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, deemed to consist of 5,700 rentable square feet of space. Effective as of the Additional Premises Commencement Date, (i) Exhibit A-2 attached hereto (which is an outline of the Existing Premises, plus the Additional Premises) shall replace Exhibit A to the Lease and (ii) the Premises under shall, for all purposes of the Lease shall Lease, be increased deemed to include consist of a total of 14,083 rentable square feet of space. Once the Additional Premises for a total Commencement Date is determined, at the request of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (togethereither party, the Premises and the Additional Premises parties shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on confirm in writing the Additional Premises Commencement Date and the Expiration Date (as modified by Paragraph 3 below), which written confirmation shall be as further described substantially in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as the form of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long letter attached hereto as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.Exhibit B.

Additional Premises. As of the Execution Date, Landlord shall use commercially reasonable efforts hereby leases to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) Tenant approximately 50,000-60,000 contiguous rentable square feet of Rentable Area additional premises located on the first (1st) floorthird floor of the Building, as shown depicted on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 ). The Additional Premises will be occupied in two phases. The first phase (the “Additional Premises Delivery DateInitial Phase”). In ) shall consist of at least 30,000 rentable square feet of space and the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date second phase (the “Additional Premises Commencement DateSecond Phase”)) shall consist of an amount of rentable square footage to be determined by Tenant, (b) that, as provided that the total Additional Premises shall not exceed 60,000 rentable square feet of space and shall not be less than 50,000 rentable square feet of space. The actual rentable square footage and actual useable square footage of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises Initial Phase and the Additional Premises Second Phase will be adjusted and mutually agreed to between Landlord and Tenant based upon the actual constructed rentable square footage and actual constructed usable square footage determined in accordance with the Measurement Standard. Tenant shall be referred to hereinafter as have the “Total Premises”)right, (c) the new Basic Annual Rent applicable subject to the Total Premiseslimitations set forth above, which shall commence on to determine the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as size of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent Second Phase until the earlier of (100%a) such time that Landlord presents a bona fide offer on any remaining unoccupied space on the third floor of the Building and thirty-three and 51/100 percent (33.51%) that could include a portion of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is Second Phase to a third party and (b) December 31, 2010; provided that Landlord shall give Tenant written notice at least 10 business days prior to making or accepting any offer under clause (a). If any such offer does not ready for delivery result in a binding obligation to lease the remaining space, Landlord shall advise Tenant in of the Required Condition on same and Tenant shall again have the right to adjust the actual square footage of the Additional Premises Delivery Date, then (x) this Amendment and Second Phase as provided in the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendmentprevious sentence.

Additional Premises. Landlord Lessor shall use commercially provide Lessee with reasonable efforts advance written notice of Lessor's intention to expand vacate any portion of the Property. Upon such notice, Lessee shall have the exclusive right, subject to the provisions of Section 2.3, to lease the portion of the Property vacated by Lessor ("Vacated Space") on the same terms and conditions set forth herein by providing Lessor with written notice, within fifteen (15) days of receipt of Lessor's notice as set forth above, that Lessee agrees to lease the Vacated Space. Any Vacated Space which Lessor elects, in a timely manner in accordance with the provisions of this Section 2.2, to lease (the "Elected Premises") shall be added as "Additional Premises" to the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet immediately and automatically as of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines date that Lessor vacates the Additional Premises will be ready for delivery (the "Additional Premises Commencement Date") so long as adding the Elected Space to Tenant the Premises shall not prevent, or impair or disturb in any material respect, use and operation of, ingress to or egress from, or the Required Condition feasibility of Lessor leasing to other Persons, any part of the Property other than the Premises; provided, however, that if sum of the square footage of (i) any Elected Space and (ii) any Additional Premises previously added to the Premises, exceeds twenty percent (20%) of the total square footage of the Premises on the date of this Agreement, the Elected Space shall not become Additional Premises Delivery Datewithout Lessor's prior written consent, within ten (10) business days prior which consent shall not be unreasonably withheld and which consent may be conditioned on an increase in rent proportionate to the Additional Premises Delivery Dateincrease in square footage, Landlord increased expenses of operation and Tenant other reasonable factors. If Lessee fails to provide notice to lease the Vacated Space as required above, or if the limitations set forth above preclude Lessee from leasing the Vacated Space even if Lessee has timely given a notice to lease, Lessor shall enter into a written amendment have the right to lease the Vacated Space to any other Person. Base Rent (as hereinafter defined) shall not increase or decrease due to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date addition of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be except in the case where Lessor's consent is required as further described in Section 4.3 of this Amendmentset forth above.

Additional Premises. Landlord A. The Additional 4th Floor Space shall use commercially reasonable efforts be delivered to expand Tenant on the Extended Term Commencement Date vacant and in broom clean condition. Effective as of the Extended Term Commencement Date, the Additional 4th Floor Space shall be deemed to be included in the Premises for all purposes of the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include an additional fifteen thousand four hundred ten (15,410) square feet the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of Rentable Area located the Lease, including those applicable to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the Lease throughout the remainder of the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession of the Additional 4th Floor Space on the first Extended Term Commencement Date, however in such event (1stprovided Tenant is not responsible for the inability to obtain possession) floor, as shown on Exhibit A attached hereto (the “Rent Commencement Date for the Fixed Rent and any Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines Rent payable for the Additional Premises will 4th Floor Space shall be ready extended on a day for delivery day basis until the date on which Landlord delivers possession of the Additional 4th Floor Space to Tenant in the Required Condition condition required hereunder. B. If Landlord does not deliver the Additional 4th Floor Space, the 5th Floor Space or any Option Space on the Additional Premises Delivery Dateapplicable date when Landlord is obligated to do so, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to have the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease same termination rights with respect to those spaces as are set forth in the original PremisesOriginal Lease in Paragraph 56G with respect to an Additional Space. Similarly, Tenantas provided in Paragraph 56G, for so long as Tenant leases Landlord shall use its best efforts to cause the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building evicxxxx xx xxx xxxxxxxx xxnants in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking any such spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready including without limitation instituting and diligently prosecuting an action for delivery to Tenant summary possession in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) a court of appropriate jurisdiction; it being understood that Landlord shall not be liable obligated to Tenant for pay or otherwise compensate any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the Premises contrary, in the event that any of the rents payable under the Lease are abated due to casualty or any other matter which results in rent being abated, the Rent Commencement Date, as defined below, with respect to any space subject to such an abatement shall be as further described in Section 4.3 of this Amendmenttolled on a day for day basis. D. As used herein, the term "Rent Commencement Date" shall mean:

Additional Premises. Landlord shall use commercially reasonable efforts (a) Effective as of the earlier to expand occur of (i) Owner’s First Amendment Work Substantial Completion Date (as hereinafter defined) and (ii) the date on which Tenant or anyone acting by, through or under Tenant takes possession of the Additional Premises to include an additional fifteen thousand four hundred ten (15,410) square feet for any purpose other than for the performance of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto Pre-possession Activities (the “Additional Premises”) on July 1, 2012 (earlier of such dates being herein referred to as the “Additional Premises Delivery Adjustment Date”). In the event Landlord determines , the Additional Premises will shall be ready for delivery added to Tenant the Existing Premises, as if originally included in the Required Condition on demise under the Existing Lease. Effective from and after the Additional Premises Delivery Adjustment Date and continuing until the Extension Period Expiration Date (as hereinafter defined), (i) the term “Demised Premises”, “demised premises” or “Premises” as used herein and in the Existing Lease shall be deemed to include both the Existing Premises and the Additional Premises and (ii) the parties deem the Demised Premises to comprise approximately 10,500 square feet of rentable area (but such measurement shall not constitute a representation or warranty of any kind by Owner as to the actual square footage of the Demised Premises, rentable or otherwise, nor shall such measurement be subject to confirmation), as more particularly described in Exhibit A-1 attached hereto and made a part hereof, but excluding elements of the Building which penetrate through the floor and janitor and electrical closets. Owner does hereby demise and let to Tenant and Tenant does hereby hire and take from Owner the Additional Premises subject and subordinate to each Superior Lease and Superior Mortgage as provided in the Lease and upon and subject to all of the covenants, agreements, terms and conditions of the Lease. Promptly after the occurrence of the Additional Premises Adjustment Date, within ten Owner and Tenant shall confirm the occurrence thereof and confirm the Extension Period Expiration Date (10as defined in Section 3 below) business days by executing an instrument provided by Owner and reasonably satisfactory to Tenant; provided, that, the failure by Owner or Tenant to execute such an instrument shall not affect the occurrence of such dates as provided in this Amendment. (b) Notwithstanding the provisions of Section 2(a) above, Tenant may have access to the Additional Premises prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to Substantial Completion Date solely for the Lease, which amendment shall provide, unless otherwise agreed performance of Pre-possession Activities in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premisesextent provided in, which shall commence on and subject to the Additional Premises Commencement Date and shall be as further described in provisions of, Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%37(a)(ii) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) Existing Lease, it being agreed that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Additional Premises, Tenant, for so long as Tenant leases references in said Section to (i) the “Demised Premises” shall be deemed to refer to and mean the Additional Premises, (ii) the “Substantial Completion Date” shall have a non-exclusive license be deemed to use refer to and mean the parking facilities serving Owner’s First Amendment Work Substantial Completion Date, (iii) the Building in common on an unreserved basis with other tenants of “Owner’s Initial Work” shall be deemed to refer to and mean Owner’s First Amendment Work, and (iv) the Building “Commencement Date” shall be deemed to refer to and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event mean the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Adjustment Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

Additional Premises. Landlord shall use commercially reasonable efforts hereby leases to expand Tenant, and Tenant hereby leases from Landlord, the 777 G-Level Expansion Premises as of the date (the “777 G-Level Expansion Premises Commencement Date”) that Landlord tenders possession of the 777 G-Level Expansion Premises to include an additional fifteen thousand four hundred ten (15,410) square feet Tenant in compliance with the terms of Rentable Area located on this Amendment and with the first (1st) floor, as shown improvements to the 777 G-Level Expansion Premises set forth on Exhibit A D attached hereto (the “Additional Premises777 G-Level Landlord Work”) on July 1substantially complete. From and after the 777 G-Level Expansion Premises Commencement Date, 2012 (the term “Additional Premises” shall include the 777 G-Level Expansion Premises. The Term with respect to the 777 G-Level Expansion Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition shall expire on the Additional Expiration Premises Delivery Term Expiration Date, subject to Tenant’s option to extend the Term of the Lease as provided in Article 44 of the Lease. Tenant shall execute and deliver to Landlord written acknowledgment of the actual 777 G-Level Expansion Premises Commencement Date within ten (10) business days prior after Tenant takes occupancy of the 777 G-Level Expansion Premises, in the form attached as Exhibit C hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the Additional 777 G-Level Expansion Premises Delivery Date, Landlord and Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by any medical review board or other similar governmental licensing of the 777 G-Level Expansion Premises required for the Permitted Use by Tenant shall enter into a written amendment not serve to extend the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional 777 G-Level Expansion Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

Additional Premises. a. The Lease is hereby amended to provide that Landlord shall use commercially reasonable efforts to expand hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, the Premises to include an additional fifteen thousand four hundred ten (15,410) remainder of the space on the second floor of the Building containing approximately 6,399 rentable square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto space (the “Additional Premises”) ), as shown on July 1, 2012 (Exhibit “A” and made a part hereof. The term of the “Additional Premises Delivery Date”). In the event Landlord determines Lease for the Additional Premises will be ready for delivery to Tenant in the Required Condition shall commence on the Additional Premises Delivery Commencement Date, within ten (10) business days prior to . It is the Additional Premises Delivery Date, mutual intention of Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the Additional Premises Delivery Date (terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Amendment, and to that end Landlord and Tenant hereby agree that effective the date hereof the word “Additional Premises Commencement DatePremises”), (b) that, as of defined in the Additional Premises Commencement DateLease, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, mean the Premises and the Additional Premises containing approximately 36,372. In accordance with the Lease, on or before sixty (60) days of the Commencement Date, Landlord’s architect shall be referred utilize the 1996 BOMA standard to hereinafter as determine Tenant’s rentable square footage of the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which the Building, the Fixed Rent and Tenant’s Allocated Share. b. Landlord shall commence on construct and do such other work to the Additional Premises Commencement Date in substantial conformity with the plans and outline specifications of the plan prepared by Xxxxxxx Xxxxxxxxx Associates and mutually agreed upon by Landlord and Tenant (collectively, the “Tenant’s Work”). Landlord shall be as further described in Section 4.2 responsible for payment of this Amendment, (d) a cost of $25.00 per rentable square foot of Tenant’s new Pro Rata Share of Operating Expenses as Work for the Additional Premises. In addition to Landlord’s contribution for Tenant’s Work, Landlord shall provide an additional allowance up to $2.00 per rentable square foot of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to used solely by Tenant for any loss or damage resulting therefrom and moving expenses (z) the new Basic Annual Rent applicable to the Premises “Moving Allowance”). The Moving Allowance shall be as further described in Section 4.3 paid upon receipt of this Amendment.paid invoices evidencing the moving expense

Additional Premises. Landlord Lessor shall use commercially provide Lessee with reasonable efforts ------------------- advance written notice of Lessor's intention to expand vacate any portion of the Property. Upon such notice, Lessee shall have the exclusive right, subject to the provisions of Section 2.3, to lease the portion of the Property vacated by Lessor ("Vacated Space") on the same terms and conditions set forth ------------- herein by providing Lessor with written notice, within fifteen (15) days of receipt of Lessor's notice as set forth above, that Lessee agrees to lease the Vacated Space. Any Vacated Space which Lessor elects, in a timely manner in accordance with the provisions of this Section 2.2, to lease (the "Elected ------- Premises") shall be added as "Additional Premises" to the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet immediately -------- ------------------- and automatically as of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines date that Lessor vacates the Additional Premises will be ready for delivery (the "Additional Premises Commencement Date") so long as adding the Elected ------------------------------------- Space to Tenant the Premises shall not prevent, or impair or disturb in any material respect, use and operation of, ingress to or egress from, or the Required Condition feasibility of Lessor leasing to other Persons, any part of the Property other than the Premises; provided, however, that if sum of the square footage of (i) any Elected Space and (ii) any Additional Premises previously added to the Premises, exceeds twenty percent (20%) of the total square footage of the Premises on the date of this Agreement, the Elected Space shall not become Additional Premises Delivery Datewithout Lessor's prior written consent, within ten (10) business days prior which consent shall not be unreasonably withheld and which consent may be conditioned on an increase in rent proportionate to the Additional Premises Delivery Dateincrease in square footage, Landlord increased expenses of operation and Tenant other reasonable factors. If Lessee fails to provide notice to lease the Vacated Space as required above, or if the limitations set forth above preclude Lessee from leasing the Vacated Space even if Lessee has timely given a notice to lease, Lessor shall enter into a written amendment have the right to lease the Vacated Space to any other Person. Base Rent (as hereinafter defined) shall not increase or decrease due to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date addition of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be except in the case where Lessor's consent is required as further described in Section 4.3 of this Amendmentset forth above.

Additional Premises. Landlord shall use commercially reasonable efforts American hereby grants to expand Sublessee the option ("Option") to sublease from American all or any portion of the additional space in the Base Lease Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on or the first (1st) floor, as shown Improvements specifically described and generally depicted on Exhibit A B attached hereto (the “"Option Premises"), together with the Fixtures associated therewith and the Miscellaneous Personal Property located thereon as described above. The term of the Option ("Option Period") shall commence as of the Execution Date and shall expire at 5:00 p.m. Fort Worth, Texas time on August 31, 1997 ("Option Termination Date"). Sublessee may exercise the Option by delivering to American, at any time prior to the Option Termination Date, an unconditional written notice of exercise ("Notice") in substantially the form of Exhibit C attached hereto. Sublessee shall have the right to deliver any number of Notices to American during the Term of the Option, subject to the rules and agreements that govern the type and amount of space and Improvements that are permitted or required to be the subject of a given exercise of the Option that are set forth on Exhibit D attached hereto. Among other things, each Notice shall specify (i) the portion of the Option Premises for which the Option is exercised ("Additional Premises”") on July 1, 2012 and (ii) the “Additional Premises Delivery Date”). In date of the event Landlord determines commencement of the Sublease of the Additional Premises will (the "Additional Premises Commencement Date"), which date (a) shall not be ready for earlier than the later of (i) June 15, 1995 and (ii) one hundred and twenty (120) days after the date of delivery to Tenant in American of the Required Condition applicable Notice and (b) shall not be later than ninety (90) days following the Option Termination Date. Upon delivery of the Notice, Sublessee shall be deemed to have exercised the Option and Sublessee shall become unconditionally and irrevocably obligated to sublease from American, and American shall become unconditionally and irrevocably obligated to sublease to Sublessee, the Additional Premises, with a commencement date on the Additional Premises Delivery Commencement Date, within ten (10) business days prior to but otherwise on the terms and conditions set forth in this Sublease. Each time Sublessee subleases Additional Premises Delivery DatePremises, Landlord Sublessee and Tenant shall enter into a written American will execute an amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, this Sublease effective as of the Additional Premises Commencement Date, Date which will amend and restate the Premises under original Exhibit A to this Sublease such that the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Initial Premises and the Additional Premises are described therein. If there shall have occurred and be referred to hereinafter as continuing on the “Total Premises”), (c) date of the new Basic Annual Rent applicable to the Total Premises, which shall commence Notice or on the Additional Premises Commencement Date and shall be as further described in Section 4.2 an Event of Default by Sublessee under this AmendmentSublease, (d) Tenant’s new Pro Rata Share of Operating Expenses as of American may, at its option, refuse to sublease to Sublessee the Additional Premises Commencement Datethat are the subject of such Notice, which Pro Rata Share shall equal one hundred percent (100%) until and unless the breach giving rise to such Event of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, Default has been timely cured in addition to the parking which Tenant is entitled to under the terms of the Lease accordance with respect to the original this Sublease. The Initial Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building Phase 2 Premises and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (xif any) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be referred to herein as further described in Section 4.3 of this Amendmentthe "Demised Premises."

Additional Premises. Landlord Certain space, the approximate location of which is shown on Exhibit A-1 hereto on the third (3rd) floor of the Building and currently known as Suite 325, and which shall use commercially reasonable efforts be deemed to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) contain 8,248 square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto rentable area for purposes hereof (the “3rd Floor Additional Premises”) on July 1), 2012 (shall be added to and become a part of the “Additional Existing Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition commencing on the Additional Premises Delivery Date, within ten (10) business days prior earlier to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, occur of (a) that June 1, 2010, and (b) the commencement date of Tenant commences to use the 3rd Floor Additional Premises shall be for the Additional Premises Delivery Date operation of its business (the “3rd Floor Additional Premises Commencement Date”) and continuing co-terminously with the New Expiration Date (as defined in Lease Amendment Ten and the Notice of Lease Term), as the same may be extended, subject to the terms herein. In addition, certain space, the approximate location of which is shown on Exhibit A-2 hereto on the fourth (4th) floor of the Building, and which shall be deemed to contain 3,943 square feet of rentable area for purposes hereof (the “4th Floor Additional Premises”), shall be added to and become a part of the Existing Premises commencing on the earlier to occur of (a) the 4th Floor Possession Date, as defined in Section 7 below, and (b) that, as the date Tenant commences to use the 4th Floor Additional Premises for the operation of the its business (“4th Floor Additional Premises Commencement Date, ”) and continuing co-terminously with the Premises under the New Expiration Date (as defined in Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises Amendment Ten and the Additional Premises shall be referred to hereinafter Notice of Lease Term), as the “Total Premises”)same may be extended, (c) the new Basic Annual Rent applicable subject to the Total Premises, which shall commence on terms herein. As of the Additional Premises Commencement Date and shall be as further described in Section 4.2 date of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement DateNew Expiration Date is September 30, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces2014. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.The term

Additional Premises. Landlord shall use commercially reasonable efforts to expand Tenant shall, in accordance with the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet provisions of Rentable Area this Paragraph D, take occupancy of Suites 402, 403, 410 and 418, located on the first fourth floor of the Building and collectively consisting of approximately Nine Thousand Five Hundred Sixty-one (1st9,561) flooradditional net rentable square feet (collectively, the "Additional Premises", and each a "Suite of Additional Premises"), all as more particularly shown on Exhibit A B attached hereto and incorporated herein by this reference. As Tenant takes possession of each Suite of Additional Premises, the Premises shall thereupon and thereafter be deemed to include such Suite, and the rent and other charges, and the calculation of Tenant's Proportionate Share shall be adjusted accordingly. Monthly Rental for each Suite of Additional Premises shall commence upon the Additional Suite Rent Commencement Date (defined below) applicable to each such Suite of Additional Premises in accordance with the then applicable Monthly Rental rate set forth on the Rental Schedule attached hereto as Exhibit D and made a part hereof. With respect to each Suite of Additional Premises, Landlord shall notify Tenant, in writing, of the date upon which Landlord expects each Suite of Additional Premises to become available for Tenant's occupancy ("Availability Notice"), which Availability Notice shall be given not less than fifteen (15) days prior to the date that Landlord expects the affected Suite to become available for Tenant's possession (the “"Availability Date"). Tenant's obligations to pay rent for the Suite of Additional Premises”Premises shall commence upon the first to occur of (a) on July 1the thirtieth (30th) day following the Availability Date, 2012 or (b) the date upon which Tenant commences business operations in the Suite of Additional Premises (the “"Additional Suite Rent Commencement Date"); provided that the Availability Date and Additional Suite Rent Commencement Date shall be extended by an amount of time equal to any delay in Landlord delivering possession of the Suite of Additional Premises Delivery to Tenant; and provided further that if Tenant shall take possession of the Suite of Additional Premises prior to the Availability Date set forth in Landlord's Availability Notice, then the Availability Date shall be deemed to be the date upon which Tenant takes such early possession. Upon the Availability Date”), as such date may be extended in order for Landlord to recover possession of the affected Suite of Additional Premises from the prior tenant, Landlord agrees to deliver possession of the affected Suite to Tenant. In During the event Landlord determines period of time prior to the Additional Premises will be ready for delivery Suite Rent Commencement Date, Tenant shall have the right to Tenant perform such Tenant's Work in the Required Condition on Suite as Tenant shall deem necessary or desirable, all consistent with the terms and conditions set forth in this Lease, and all at Tenant's sole cost and expense. Upon the date that Tenant takes possession of a Suite of Additional Premises as required under this Paragraph D, but in no event later than the Availability Date, such Suite shall be deemed to constitute a part of the Premises leased by Tenant, subject to all of the terms, conditions and obligations of this Lease; provided only, however, that Tenant's obligation to pay rent for such Suite shall not commence until the Additional Premises Delivery Suite Rent Commencement Date, within . Within ten (10) business days prior to following the Additional Premises Delivery Suite Rent Commencement Date, Landlord and Tenant shall enter into a written amendment execute an Amendment To Restated Lease, in the form attached hereto as Exhibit G, setting forth the date on which Suite of Additional Premises was added to the Lease, which amendment shall provide, unless otherwise agreed in writing, Premises (athe "Additional Suite Commencement Date") that the commencement date of and the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Suite Rent Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as resulting changes in the “Total Premises”), (c) the new Basic Annual Monthly Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which payable by Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio calculation of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this AmendmentTenant's Proportionate Share.

Additional Premises. A. Landlord shall use commercially reasonable efforts hereby demises and leases to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located Tenant and Tenant hereby accepts and leases from Landlord, commencing on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July February 1, 2012 1999 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery this date being hereafter referred to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (as the “Additional Premises Commencement Date”), (b) thatcertain space consisting of 17,281 square feet located on the seventh floor of the Building, as outlined in Exhibit A attached hereto and made a part hereof (the “Additional Premises”). Except as specifically set forth in this Paragraph 75, all terms and conditions of this Lease shall apply to the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include as if the Additional Premises for a total were part of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Leased Premises and all references to the Leased Premises contained herein shall, where applicable, be deemed to be references to the Leased Premises and the Additional Premises. B. Net Base Rent payable pursuant to this lease with respect to the Additional Premises shall be referred as follows (subject to hereinafter as the “Total Premises”)Paragraph C., (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on below): $27,721.60 per month from the Additional Premises Commencement Date and shall be (as further described hereinafter defined) through to the expiration date of February 28, 2006, except that the net base rent will escalate annually at the rate of 2 1/2%. C. Notwithstanding anything to the contrary contained in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) thatLease, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is are not ready for delivery to occupancy on February 1, 1999, then Tenant in shall pay only taxes and operating expenses for said Additional Premises until March 1, 1999 or the Required Condition on date Tenant takes occupancy of the Additional Premises Delivery DatePremises, then whichever is earlier. Payment of base rent will commence no later than March 1,1999. D. Landlord agrees to reimburse Tenant an allowance (xthe “Tenant Improvement Allowance”) this Amendment of $259,215.00 towards the cost of all Tenant Improvements (including all architectural and design costs) for the Additional Premises. Tenant shall provide Landlord with paid invoices for actual Tenant Improvement costs, together with lien waivers from the general contractor and all subcontractors for the work which is the subject of those invoices. Landlord will reimburse Tenant within thirty (30) days of receipt of invoices. 3. Except as expressly set forth herein, the Lease shall not be void or voidableremain unmodified and in full force and effect, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described enforceable in Section 4.3 of this Amendmentaccordance with its terms.

Additional Premises. Landlord (i) A portion of the rentable area of the sixth (6th) floor of the Building, which the parties conclusively agree shall use commercially reasonable efforts be deemed to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) contain 7,214 rentable square feet of Rentable Area located feet, as more particularly shown darkened on the first (1st) floor, plan annexed hereto as shown on Exhibit A attached hereto Schedule A-1 (the “Additional Premises”) on July 1), 2012 (is hereby added to and shall be considered a part of the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to demised under the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that commencing on the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”) on which Landlord’s Additional Premises Work (as hereinafter defined) is Substantially Complete and expiring on the Expiration Date (i.e., concurrently with the Lease for the balance of the Premises), (b) thatprovided that the Additional Premises Commencement Date may not occur prior to January 1, as 2020. Upon the occurrence of the Additional Premises Commencement Date, the Premises under the Lease Tenant shall be increased to include leasing the entire rentable area of the sixth (6th) floor of the Building as more particularly shown on the floor plan annexed hereto as Schedule A-2. Landlord shall deliver vacant, broom-clean possession of the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence Tenant on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent with (100%i) of Landlord’s Additional Premises Work Substantially Complete, and (ii) the Building and thirty-three and 51/100 percent Systems that service the Additional Premises being in good working order; it being understood that (33.51%x) of except for Landlord’s Additional Premises Work, Landlord shall not be obligated to perform any work to prepare the Project Additional Premises for Tenant’s initial occupancy thereof, and (ey) thatexcept as set forth herein, in addition to the parking which Tenant is entitled to under the terms of the Lease Landlord makes no representations, warranties or promises with respect to the original Additional Premises. The foregoing is not intended to relieve Landlord from its ongoing maintenance and repair obligations set forth in the Lease. Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Additional Premises upon and subject to all of the terms and conditions of the Lease applicable to the Original Premises, Tenantexcept as otherwise expressly set forth herein, for so long as Tenant leases and all references in the Lease to the Premises shall, from and after the Additional Premises Commencement Date, be deemed to refer to both the Original Premises and the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be except as further described in Section 4.3 of this Amendmentotherwise expressly set forth herein.

Additional Premises. Landlord Subject to (a) the rights of other existing tenants as of the date of execution of this Lease in and to any unleased premises in the Building, and (b) the conditions set forth in paragraph 17 below, Tenant shall use commercially reasonable efforts to expand have the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on right, during the first (1st) floorLease Year, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant lease any unleased premises in the Required Condition on Building. Tenant shall exercise this right by notifying the Additional Premises Delivery DateLandlord in writing, within ten (10) business days prior to the expiration of the first Lease Year, of Tenant's intent to lease certain additional premises, as identified in such notice ("Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date Premises"). The lease of the Additional Premises shall be on the Additional Premises Delivery Date same terms and conditions as this Lease, except (i) the “Additional Premises Commencement Date”), (b) that, as lease of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”)coterminous with this Lease, (cii) the new Basic Annual Rent applicable All adjustments to the Total Premises, which shall commence on rent for the Additional Premises shall be made as if the Additional Premises had been leased as of the Lease Commencement Date and of this Lease, (iii) there shall be as further described no rental abatement or moving allowance associated with the Additional Premises, and (iv) all allowances and concessions, including but not limited to any allowance for tenant improvements, shall be based upon such allowances contained in Section 4.2 this Lease, but shall be pro-rated based upon the number of this Amendmentmonths remaining in the term. Tenant shall provide Landlord with plans and specifications, (d) Tenant’s new Pro Rata Share of Operating Expenses as approved by Landlord, for the improvement of the Additional Premises Commencement Dateand shall execute an amendment to this Lease, which Pro Rata Share shall equal one hundred percent reflecting the addition of the Additional Premises and all appropriate adjustments, within thirty (100%30) days (time being of the essence) of the Building and thirty-three and 51/100 percent (33.51%) Tenant's notice to Landlord of the Project and (e) that, in addition its intention to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases lease the Additional Premises. For each day of Tenant's delay in providing approved plans and specifications or executing a lease amendment (providing Landlord does not contribute to such delay), shall have a non-exclusive license to use or each day of delay caused by Tenant in the parking facilities serving the Building in common on an unreserved basis with other tenants construction of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts improvements to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is (provided landlord does not ready contribute to such delay), Tenant shall pay to Landlord 1/30 of the monthly Minimum Rent for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this AmendmentPremises.

Additional Premises. Notwithstanding anything to the contrary contained herein, commencing on the Commencement Date and continuing on a month-to-month basis, terminable by Tenant at any time upon thirty (30) days advance written notice to Landlord shall use commercially reasonable efforts and terminable by Landlord effective at any time after the first anniversary of the Commencement Date upon thirty (30) days advance written notice to expand Tenant, the Premises to shall include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”. Upon termination of this Lease with respect to the Additional Premises, Tenant shall vacate the Additional Premises, leaving the same in broom clean condition, and shall either: (i) on July 1, 2012 (relocate the “Additional Premises Delivery Date”). In the event Landlord determines Furniture located in the Additional Premises will on the Commencement Date to the Premises (to be ready for delivery surrendered to Tenant Landlord at the expiration or earlier termination of the Lease), or (ii) surrender the Furniture located in the Required Condition on the Additional Premises Delivery on the Commencement Date to Landlord in the same condition and repair as on the Lease Commencement Date, within ten (10) business days prior reasonable wear and tear and damage by casualty excepted. Tenant shall remove from the Additional Premises and other areas of Building 4, and shall repair and restore any damage to the Additional Premises Delivery Dateand/or Building 4 caused by such removal, Landlord and Tenant shall enter into a written amendment to on or before the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms expiration or earlier termination of the Lease with respect to the original Premises, Tenant, for so long Additional Premises the items owned or leased by Tenant from third parties as set forth on EXHIBIT C-1. Landlord and Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event agree that the Additional Premises is have not ready been used for delivery to Tenant the calculation of the useable square footage contained in the Required Condition Premises, but have been included in the "load factor" in calculating the rentable square footage contained in the Premises, and this method of calculation shall remain in effect for the one year period commencing on the Lease Commencement Date. Landlord must give Tenant at least forty-five (45) days notice prior to any recalculation of the size of the Premises to include the Additional Space. Notwithstanding anything to the contrary, Landlord shall have no obligation to provide any services, other than standard Building system services for electric, mechanical and HVAC (which are part of CAM), for the Additional Premises Delivery Dateand Tenant shall at its sole cost and expense provide janitorial services, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendmentrequired.

Additional Premises. Landlord shall use commercially reasonable efforts to expand Suite 400 (“Additional Premises”), the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet approximate location of Rentable Area located on the first (1st) floor, as which is shown on Exhibit A attached hereto on the fourth (4th) floor of the “Building, and which shall be deemed to contain 15,274 square feet of rentable area for purposes hereof, shall be added to and become a part of the Existing Premises commencing on the earlier to occur of (i) substantial completion of the Work (as defined in Exhibit B) in the Additional Premises”, or (ii) on July November 1, 2012 2008 (the “Additional Premises Delivery Commencement Date”) and continuing co-terminously with the New Expiration Date, as the same may be extended, subject to the terms herein. The Additional Premises Commencement Date and New Expiration Date shall be subject to adjustment and confirmation as described in Section 11 below. *** Certain information in this agreement has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Upon completion of the Work within the Additional Premises, Landlord and its architect and Tenant and its architect shall each have the right to re-measure the Additional Premises using the “Standard Measure for Measuring Floor Area in Office Buildings” published by the Secretariat, Building Owners and Managers Association International (ANSI/BOMA Z65.1-1996), approved June 7, 1996 (“BOMA Standards”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition Base Rent, Tenant’s Share, and all other items which are calculated based on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date rentable square footage of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”)adjusted if Landlord or Tenant elects to re-measure, (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease but otherwise shall be increased to include based upon the Additional Premises for a total initial determination of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendmentfootage contained herein.

Additional Premises. A. Landlord shall use commercially reasonable efforts hereby demises and leases to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located Tenant and Tenant hereby accepts and leases from Landlord, commencing on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July May 1, 2012 2001 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery this date being hereafter referred to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (as the “Additional Premises Commencement Date”), certain space consisting of 3,756 rentable square feet on the nineteenth (b19th) thatfloor of the Building, as outlined in Exhibit A attached hereto and made a part hereof (the “Additional Premises”). Except as specifically set forth in this Paragraph 75, all terms and conditions of this Lease shall apply to the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include as if the Additional Premises for a total were part of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Leased Premises and all references to the Leased Premises contained herein shall, where applicable, be deemed to be references to the Leased Premises and the Additional Premises. B. Net Base Rent payable pursuant to this lease with respect to the Additional Premises shall be referred as follows: (subject to hereinafter as the “Total Premises”)Paragraph C, (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on below): $8,261.83 per month from the Additional Premises Commencement Date and shall be (as further described hereinafter defined) through to the expiration date of February 28, 2006, except that the net base rent will escalate annually at the rate of 3%. C. Notwithstanding anything to the contrary contained in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) thatLease, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is are not ready for delivery to occupancy on May 1, 2001, then Tenant in shall pay only taxes and operating expenses for said Additional Premises until June 1, 2001 or the Required Condition on date Tenant takes occupancy of the Additional Premises Delivery DatePremises, then whichever is earlier. Payment of base rent will commence no later than June 1, 2001. D. Landlord agrees to reimburse Tenant an allowance (xthe “Tenant Improvement Allowance”) this Amendment of $52,180.00 towards the cost of all Tenant Improvements (including all architectural and design costs) for the Additional Premises. Tenant shall provide Landlord with paid invoices for actual Tenant Improvement costs, together with lien waivers from the general contractor and all subcontractors for the work which is the subject of those invoices. Landlord will reimburse Tenant within thirty (30) days of receipt of invoices. 3. Except as expressly set forth herein, the Lease shall not be void or voidableremain unmodified and in full force and effect, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described enforceable in Section 4.3 of this Amendmentaccordance with its terms.

Additional Premises. (A) Tenant acknowledges that, except as may otherwise be expressly provided in the Existing Lease, neither Landlord, nor any employee, agent nor contractor of Landlord has made any representation or warranty concerning the Land, Building, Common Areas, Original Premises or Additional Premises, or the suitability of any of the foregoing for the conduct of Tenant’s business. Landlord reserves for Landlord’s exclusive use all of the following (other than as installed by Tenant for Tenant’s exclusive use) that may be located in the Additional Premises: janitor closets, stairways and stairwells; fans, mechanical, electrical, telephone and similar rooms; and elevator, pipe and other vertical shafts, flues and ducts, (B) If Landlord shall use commercially reasonable efforts be unable to expand give possession of the 12th Floor Premises or the 13th Floor Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located Tenant as set forth herein, on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready any specific date for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Dateany reason, Landlord and Tenant shall enter into a written amendment not be subjected to the Leaseany damages or other liability, which amendment shall provide, unless otherwise agreed or be deemed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises default under the Lease shall be increased for the failure to include give possession of the Additional 12th Floor Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, or the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total 13th Floor Premises, which shall commence as applicable, on the Additional Premises Commencement Date and shall be such date, except as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as otherwise provided herein with respect to rent abatement. No such failure to give possession of the Additional 12th Floor Premises Commencement Date, which Pro Rata Share or the 13th Floor Premises on any specific date shall equal one hundred percent (100%) of affect the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms validity of the Lease or the obligations of Tenant under the Lease or be deemed to extend the Term beyond the Expiration Date. Tenant hereby waives any rights to rescind this Third Amendment and/or the Lease which Tenant might otherwise have pursuant to Section 223-a of the Real Property Law of the State of New York, or pursuant to any other law of like import now or hereafter in force. Notwithstanding the foregoing, if Landlord is unable to deliver the 12th Floor Premises on or before February 1, 2018, as adjusted for Tenant Delay and Force Majeure, the abatement period with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, 12th Floor Premises set forth in Section 6(A)(4)(ii) below shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-be increased by one (511) additional parking spacesday for each day after February 1, which number shall include three (3) additional Reserved Spaces. In 2018 that the event the Additional 12th Floor Premises is not ready so delivered. Furthermore, if Landlord is unable to deliver the 12th Floor Premises on or before April 1, 2018, as adjusted for delivery Tenant Delay and Force Majeure, the abatement period with respect to Tenant the 12th Floor Premises set forth in Section 6(A)(4)(ii) below shall be increased by two (2) days for each day after April 1, 2018 that the 12th Floor Premises is not so delivered and the adjustment to the abatement period described in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease previous sentence shall not be void or voidableapplicable from and after April 1, (y) Landlord 2018. Tenant shall not be liable entitled to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable adjustment to the Premises shall be as further described abatement period set forth in Section 4.3 6(A)(4)(iii) below; provided, however, that in the event that the existing tenants in the 13th Floor Premises fail to surrender the 13th Floor Premises to Landlord by August 1, 2018, Landlord agrees to use diligent efforts to cause such tenants to surrender the 13th Floor Premises. In furtherance thereof, in the event such tenants fail to surrender the 13th Floor Premises by September 1, 2018, then Landlord agrees to enforce the provisions of this Amendmentthe holdover provisions of such tenants leases, including, without limitation, filing an unlawful detainer suit or other applicable court action.

Additional Premises. Landlord shall use commercially reasonable efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date Effective on August 1, 2008 (the “Additional Premises Commencement Date”), and continuing thereafter up to and including February 28, 2022 (the Expiration Date of the Lease), the Additional Premises shall be added to the Original Premises, on all of the same terms, covenants, conditions, and provisions of the Lease, except as otherwise expressly provided in this Amendment. (b) that, as of Effective on the Additional Premises Commencement Date, (i) the term “this Lease” as used in the Lease, shall be deemed to refer to the Lease, as amended by this Amendment, (ii) the term “Premises,” as such term is used in this Lease, shall mean the aggregate of the Original Premises under and the Additional Premises, (iii) all references to the “Commencement Date” in the Lease shall be increased deemed to be the Additional Premises Commencement Date with respect to the Additional Premises only, and (iv) the floor plan of the Original Premises attached to the Lease shall be amended to include the floor plan of the Additional Premises attached hereto as Exhibit A. (c) Landlord shall not be subject to any liability for a total failure to deliver possession of sixty-one thousand four hundred forty-four (61,444) square feet the Additional Premises to Tenant on any specific date and the validity of Rentable Area (togetherthis Amendment shall not be impaired under such circumstances, nor shall the same be construed to extend the term of the Lease, except that the Additional Premises and Commencement Date will not occur until possession of the Additional Premises shall be referred delivered to hereinafter as the “Total Premises”Tenant. For purposes of this Paragraph l(c), (c) the new Basic Annual Rent applicable provisions hereof are intended to constitute “an express provision to the Total Premisescontrary” within the meaning of Section 223-a of the New York Real Property Law or any successor Law, which shall commence on be inapplicable hereto, and Tenant hereby waives any right to rescind this Amendment that Tenant might otherwise have thereunder based upon Landlord’s failure to deliver the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) to Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

Additional Premises. Landlord shall use commercially reasonable efforts Effective upon the earlier to expand occur of (i) the Premises date upon which Tenant first commences to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant conduct business in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date any portion of the Additional Premises shall be (provided, however, the mere storage in the Additional Premises Delivery of Tenant’s furniture, computers, similar personal property and any other office-related materials that may require storage shall be deemed not to constitute the commencement of business therein), and (ii) the second (2nd) anniversary of the Commencement Date (the “Additional Premises Commencement Date”), (b) that, which is anticipated to occur as of March 1, 2005, Tenant shall lease from Landlord and Landlord shall lease to Tenant, in addition to the Initial Premises, the Additional Premises. Consequently, effective upon the Additional Premises Commencement DateDate and notwithstanding any contrary provision of this Lease, the Premises under the Lease shall be increased to include the Additional Premises for a total Premises. Except as provided in this Section 1.3, Tenant’s lease of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred subject to hereinafter as the terms and conditions set forth in this Lease. The lease term (the “Total PremisesAdditional Premises Term”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on for the Additional Premises Commencement Date shall commence, and Tenant shall be commence payment of “Rent,” as further described that term is defined in Section 4.2 of this Amendment4.1, (d) Tenant’s new Pro Rata Share of Operating Expenses as of below, for the Additional Premises on the Additional Premises Commencement Date, which Pro Rata Share and shall equal one hundred percent (100%) terminate on the Lease Expiration Date, as set forth in Section 3.3 of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease Summary. In connection with respect to the original such Additional Premises, Tenant, for so long as provided that Tenant leases does not interfere with any work performed by or on behalf of Landlord in the Building or the Additional Premises, Landlord shall provide Tenant access thereto on or before the earlier to occur of (i) September 1, 2004 (i.e., the date which is 180 days preceding the anticipated Additional Premises Commencement Date), and (ii) the date which is thirty (30) days following Tenant’s written request for access thereto (as applicable, the “Additional Premises Access Date”); provided, however, if such Additional Premises Access Date occurs prior to September 1, 2004 as a result of Tenant’s request, in no event shall the date upon which Tenant is deemed to have a non-exclusive license first commenced to use the parking facilities serving the Building conduct business in common on an unreserved basis with other tenants any portion of the Building and Premises be later than the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of day which is 180 days following such Additional PremisesPremises Access Date; provided further, which amounts however, that notwithstanding the access identified in this sentence, (A) Tenant shall, prior to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery Access Date, be allowed to Tenant in the Required Condition on utilize the Additional Premises Delivery Datefor the storage of Tenant’s furniture, then computers, similar personal property and any other office-related materials that may require storage, and (xB) this Amendment and the Lease construction, pursuant to the TCCs of the Tenant Work Letter, of Tenant’s planned “stairwell feature” connecting all five floors of the Premises, shall not be void or voidableitself trigger the Additional Premises Commencement Date. Tenant shall hold Landlord harmless from and indemnify, (y) protect and defend Landlord shall not be liable to Tenant for against any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Building or Additional Premises shall be as further described in and against injury to any persons caused by Tenant’s use of the Additional Premises pursuant to this Section 4.3 of this Amendment1.3.

Additional Premises. Landlord shall use commercially reasonable efforts to expand Commencing May 1, 2005, the Premises to shall include an additional fifteen thousand four hundred ten (15,410) all of the property commonly known as 1000 Xxxx Xxxxxx Xxxxxx, which includes a single story building containing approximately 36,993 rentable square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional 1020 Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In Lessee shall accept the event Landlord determines 1020 Premises in its “as is” condition upon delivery thereof by the Additional Premises will be ready for delivery Lessor; provided, however, that as a condition to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior Lessee’s obligation to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date accept possession of the Additional Premises 1020 Premises, Lessor shall deliver to Lessee a copy of any required environmental closure authorization issued by the local fire department or other governmental authority in connection with the cessation of the existing tenant’s use of the 1020 Premises. Lessor’s failure to deliver such certificate shall not constitute a breach of this Lease by Lessor, but shall be grounds for Lessee refusing to accept the Additional 1020 Premises. Lessee shall not be responsible for any pre-existing environmental conditions present at the 1020 Premises Delivery Date (at the “Additional time Lessor delivers possession of the 1020 Premises. If Lessor is unable to deliver possession of the 1020 Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises scheduled date for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”)any reason, (ci) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease rental with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, 1020 Premises shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants be delayed until Lessor delivers possession of the Building and the Project 1020 Premises to Lessee (with base rent calculated daily at a ratio rate of 3.3 parking spaces $1.95 per 1,000 rentable square feet of Additional Premisesfoot per month); and (ii) Lessor shall not be liable for any damage caused for failing to deliver possession, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) and this Amendment and the Lease shall not be void or voidable, provided, however, that Lessor shall provide Lessee with a rental credit (ythe “Rental Credit”) Landlord against base rental owing under this Lease in an amount equal to Eight Hundred Thirty Three Dollar ($833) for each day that Lessor is late in delivering the 1020 Premises to Lessee; provided, however, that Lessee shall have the right to terminate this Amendment on or before August 10, 2005 in the event that Lessor does not be liable deliver possession of the 1020 Premises to Tenant for any loss Lessee on or damage resulting therefrom and (z) the new Basic Annual Rent applicable before August 1, 2005. If Lessee terminates this Amendment pursuant to the Premises preceding sentence, Lessee shall be still receive the Rental Credit through August 1, 2005 and Lessee shall immediately vacate the Temporary Premises. The parties acknowledge that the Rental Credit is a reasonable estimate of the damages that Lessee will incur as further described a result of delay in Section 4.3 delivery of this Amendmentthe premises as a result of potential disruption in development activities that require availability of the 1020 Premises.

Additional Premises. A. Subject to the terms and conditions contained in this Agreement, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Additional Premises. Tenant acknowledges that it has inspected and examined the Premises and is thoroughly familiar and satisfied with the condition and value thereof; that no representations or warranties have been made to Tenant and that Landlord is unwilling to make any representations and has held out no inducements to Tenant, except as specifically set forth herein. Tenant further acknowledges that (i) all work required to be performed by Landlord under the Existing Lease has been performed and completed and (ii) Landlord shall use commercially reasonable efforts not be required to expand perform any work at the Building or the Premises in order to include an additional fifteen thousand four hundred ten effectuate delivery of possession of the Additional Premises to Tenant. Tenant agrees and acknowledges that it shall accept (15,410a) square feet the 36th Floor Premises in its “as is” condition as of Rentable Area located on the first 36th Floor Commencement Date (1stas hereinafter defined) floor, and (b) the 38th Floor Premises in its “as shown on Exhibit A attached hereto is” condition as of the 38th Floor Commencement Date (as hereinafter defined). (i) The term of the “Additional Premises”) Lease for the 36th Floor Premises shall commence on July 1, 2012 (the “36th Floor Commencement Date”) and expire on the Expiration Date (November 30, 2013). (ii) The term of the Lease for the 38th Floor Premises shall commence on March 26, 2012 (the “38th Floor Commencement Date”) and expire on the Expiration Date (November 30, 2013). (i) Supplementing Section 1.14 of the Existing Lease and Section 4 of this Agreement, in the event Landlord cannot deliver possession of the 36th Floor Premises to Tenant on or before the 36th Floor Commencement Date (except if caused by the acts or delays of Tenant), the dates set forth herein with respect to the 36th Floor Commencement Date and the 36th Floor Rent Commencement Date (as hereinafter defined) shall be pushed back one (1) day for each day after the 36th Floor Commencement Date for which possession is not delivered to Tenant. (ii) Supplementing Section 1.14 of the Existing Lease and Section 4 of this Agreement, in the event Landlord cannot deliver possession of the 38th Floor Premises to Tenant on or before the 38th Floor Commencement Date (except if caused by the acts or delays of Tenant), the dates set forth herein with respect to the 38th Floor Commencement Date and the 38th Floor Rent Commencement Date (as hereinafter defined) shall be pushed back one (1) day for each day after the 38th Floor Commencement Date for which possession is not delivered to Tenant. D. Supplementing Section 2.2 of the Lease, if this Agreement is executed before the Additional Premises Delivery become vacant, or otherwise available for occupancy, or if any tenant or occupant of the Additional Premises holds over, and Landlord cannot acquire legal possession of the Additional Premises prior to the 36th Floor Commencement Date or the 38th Floor Commencement Date, as applicable, Landlord shall not be in default hereunder, and Tenant shall accept possession of the Additional Premises when Landlord is able to tender the same, and such date shall be deemed to be the date Tenant shall have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same comply with Landlord’s obligations. Notwithstanding anything to the contrary contained in this Agreement, if Landlord does not deliver possession of the 36th Floor Premises as required hereunder to Tenant on or before the date which is sixty (60) days from the 36th Floor Commencement Date (the “36th Floor Outside Date”), then (except if Landlord’s failure is due to a Tenant delay or force majeure, in which case such 36th Floor Outside Date shall be extended one (1) day for each day of such Tenant delay or force majeure) the date Tenant begins to pay Base Rent for the 36th Floor Premises shall be postponed one-half (½) of a day for each day after the 36th Floor Outside Date that Landlord shall have failed to so deliver the 36th Floor Premises as required to Tenant. In If Landlord does not deliver possession of the event Landlord determines the Additional 38th Floor Premises will be ready for delivery as required hereunder to Tenant on or before the date which is sixty (60) days from the 38th Floor Commencement Date (the “38th Floor Outside Date”), then (except if Landlord’s failure is due to a Tenant delay or force majeure, in which case such 38th Floor Outside Date shall be extended one (1) day for each day of such Tenant delay or force majeure) the date Tenant begins to pay Base Rent for the 38th Floor Premises shall be postponed one-half (½) of a day for each day after the 38th Floor Outside Date that Landlord shall have failed to so deliver the 38th Floor Premises as required to Tenant. (i) Except as may be provided for otherwise in this Agreement, as of the 36th Floor Commencement Date and throughout the term of the Lease for the 36th Floor Premises, where the context allows, references to “Premises” or “Demised Premises” in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior Lease shall also apply to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment 36th Floor Premises. Exhibit A to the Lease, and other references to the Premises which amendment shall provideby their nature do not apply to the 36th Floor Premises, unless are excluded from this Agreement. (ii) Except as may be provided for otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) thatthis Agreement, as of the Additional Premises 38th Floor Commencement DateDate and throughout the term of the Lease for the 38th Floor Premises, where the Premises under context allows, references to “Premises” or “Demised Premises” in the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable also apply to the Total 38th Floor Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition . Exhibit A to the parking which Tenant is entitled to under the terms of the Lease with respect to the original PremisesLease, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with and other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable references to the Premises shall be as further described in Section 4.3 of which by their nature do not apply to the 38th Floor Premises, are excluded from this AmendmentAgreement.

Additional Premises. (a) Landlord shall use commercially reasonable efforts hereby leases to expand Tenant, and Tenant hereby hires from Landlord, by adding to the Premises to include an additional fifteen thousand four hundred ten Original Premises, those certain premises (15,410the "Additional Premises") square feet of Rentable Area located on the first fourteenth (1st14th) floorfloor of the Building, as more particularly shown on Exhibit A attached hereto (which by this reference is made a part hereof), for the “term (the "Additional Premises Term") commencing on the "Additional Premises Commencement Date" (hereinafter defined) and ending on June 30, 2008 (the "Expiration Date"), or until such term shall sooner cease and terminate as hereinafter provided. The "Additional Premises Commencement Date" shall be the date that is the later of (i) January 1, 2000; and (ii) the date that The Xxxxxx.Xxx Inc. ("Xxx Xxxxxx"), the existing tenant of the Additional Premises”) on July 1, 2012 (delivers to Landlord vacant possession of the “Additional Premises Delivery Date”)Premises. In the event The Street has expressed its intention to Landlord determines to vacate the Additional Premises will be ready for delivery prior to Tenant in January 1, 2000, but is not bound to do so. However, to the Required Condition on extent The Street's move from the Additional Premises Delivery Daterequires the reasonable cooperation of Landlord, within ten (10) business days prior Landlord agrees, for the benefit of Tenant, to reasonably cooperate with The Street to facilitate The Street's move from the Additional Premises. If The Street has not delivered to Landlord vacant possession of the Additional Premises Delivery Dateon or before January 31, 2000, Landlord and Tenant shall enter into a each have the right, upon written amendment notice given to the other party no later than February 5, 2000, to terminate this First Amendment of Lease. If this First Amendment of Lease is terminated pursuant to the previous sentence, which amendment this First Amendment of Lease shall provideterminate and neither party hereto shall have any further rights or obligations hereunder other than those that are expressly provided to survive the termination hereof, unless otherwise agreed and, notwithstanding a termination of this First Amendment of Lease pursuant to the previous sentence, the Lease shall remain in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), full force and effect. (b) that, as of From and after the Additional Premises Commencement Date, the Premises under terms "this lease" and "this Lease" as used in the Lease, and all references in the Lease to the Lease shall be increased deemed to include refer to and be references to the Lease, as amended by this Agreement, and during the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (togetherTerm, the term "demised premises," as such term is used in the Lease, shall mean the Original Premises and the Additional Premises Premises, and the floor plan set forth on EXHIBIT A of the Lease shall be referred amended to hereinafter as include the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as floor plan of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this AmendmentEXHIBIT A hereto.

Additional Premises. Landlord Effective at 12:01 am New York City time on one or more dates to be agreed between the Port Authority and the Lessee (each, an “Additional Premises Effective Date”) after the implementation by the Lessee of the Comprehensive Parking and Traffic Plan delivered as a condition precedent to the Effective Date pursuant to Section 4(j), in addition to the Existing Premises heretofore let to the Lessee under this Agreement, the letting of which shall use commercially reasonable efforts continue in full force and effect, the Port Authority shall let to expand Lessee, and the Premises to include an additional fifteen thousand four hundred ten Lessee shall hire and take from the Port Authority at the Airport in the County of Queens, City and State of New York, upon all the terms, conditions, provisions and agreements of this Agreement, the following (15,410) square feet of Rentable Area located on the first (1st) floorin whole or in one or more portions thereof, and concurrently or at different times, as agreed between the Parties): (1) public parking lot P4 as the Parties have agreed is required to support the development of the Lessee’s new headhouse building and roadway network located closer to the Grand Central Parkway shown in shading on Exhibit A attached hereto 7 (Additional Premises); (2) public parking lot P5 to support airside operation improvements, including aircraft parking hardstands, maintaining the restricted vehicles service roads (provided that such restricted vehicles service roads, when constructed by the Lessee, shall be deemed the Off-Premises Facilities), associated taxi lanes, deicing pads and the terminal gate reconfiguration shown in shading on Exhibit 7 (Additional Premises); (3) a taxihold area between the Existing Terminal Facilities as the Parties have agreed, shown in shading on Exhibit 7 (Additional Premises); and (4) an area identified as taxiway M (“Taxilane M”), as the Parties have agreed is required to support airside operation improvements, including aircraft parking hardstands, maintaining the restricted vehicles service roads (provided that such restricted vehicles service roads, when constructed by the Lessee, shall be deemed the Off-Premises Facilities), associated taxi lanes, deicing pads and the terminal gate reconfiguration shown in shading on Exhibit 7 (Additional Premises); (5) the bus turnaround area located between the public parking lot P5 and Existing Terminal D shown in shading on Exhibit 7 (Additional Premises); (6) Air Operations Area (AOA) between Existing Terminal D and the Existing Terminal D hardstands shown in shading on Exhibit 7 (Additional Premises); and (7) the approach roadways to the New Terminal Facilities headhouse and the roadways exiting the New Terminal Facilities, as the Parties have agreed, shown in shading on Exhibit 7 (Additional Premises). and, with respect to each of sub-clauses (1) through (7) above, together with all buildings, structures, fixtures, improvements and other property of the Port Authority located therein, thereon or thereunder, and all structures, improvements, additions, buildings, installations and facilities located, constructed or installed, or which may be located, constructed or installed therein, thereon or thereunder, and the equipment permanently affixed or permanently located therein, such as electrical, plumbing, sprinkler, fire protection and fire alarm, heating, steam, sewage, drainage, refrigerating, communications, gas and other systems, and their pipes, wires, mains, lines, tubes, conduits, equipment and fixtures, and all paving, drains, culverts, ditches and catch-basins constructed therein, thereon or thereunder as of the applicable Additional Premises Effective Date (each, an “Additional Premises”) on July 1), 2012 (all of the “foregoing which after the applicable Additional Premises Delivery Date”)Effective Date shall become a part of the Premises. In the event Landlord determines the The Lessee hereby agrees to accept each Additional Premises will be ready for delivery to Tenant “as is” in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, condition as of the Additional Premises Commencement DateEffective Date and, to assume all responsibility for any and all risks, costs and expenses of any kind whatsoever caused by, arising out of or in connection with the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as condition of the Additional Premises, whether any aspect of such condition existed prior to, on or after the applicable Additional Premises Commencement DateEffective Date and to indemnify and hold harmless the Port Authority Indemnified Parties for all such risks, which Pro Rata Share shall equal one hundred percent responsibilities, costs and expenses (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) thatexcepting, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original PremisesLessee’s obligations to indemnify the Port Authority and its officers, Tenantemployees, agents and authorized representatives, only such risks, responsibilities, costs and expenses arising solely from the negligence or willful misconduct of the Port Authority or any officer, employee, agent or authorized representative of the Port Authority), including, without limitation, attorney’s fees (including fees of in-house and outside counsel to the Port Authority) and disbursements to the extent required under Section 19 (Indemnity). Pursuant to this Section 2(b), Lessee assumes responsibility for so long as Tenant leases all risks, costs and expenses of any kind whatsoever caused by, arising out of or in connection with Environmental Requirements applicable to the Additional Premises, including in connection with the Lessee’s use, occupancy and activities under this Agreement, provided however, that nothing in this Section 2(b) is intended to expand or limit the Lessee’s obligations relating to Hazardous Substances in Section 73(b), Section 76(d), or Lessee’s obligations in Sections 75(e) or 76(i), or the Lessee’s obligations as set forth in Section 75 (Storage Tanks and Pipelines), 76 (Environmental Compliance and Related Matters) and 77 (End of Term Obligations). For the avoidance of doubt, any Temporary Rights of Access that constitute Additional Premises shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants no longer constitute Temporary Rights of Access as of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the applicable Additional Premises is not ready for delivery Effective Date. The Parties shall from time to Tenant time agree to modifications to the drawings identified as “Final Delta Lease Line” in Exhibit 6 (Delta Leasehold) as necessary to reflect the Required Condition on the final lease lines corresponding to any Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable let to the Premises Lessee in accordance with this Section 2(b). Drawings that have been modified in accordance with the foregoing shall be as further described incorporated into this Agreement pursuant to an agreement in Section 4.3 of this Amendmentwriting by the Parties.

Additional Premises. 3.1. Commencing on the Effective Date, Landlord shall use commercially reasonable efforts hereby leases to expand Tenant and Tenant hereby hires from Landlord, on all of the Premises to include an additional fifteen thousand four hundred ten terms and conditions of the Lease (15,410) square feet of Rentable Area except as otherwise provided in this Amendment), those certain premises located on the first twenty-ninth (1st29th) floorfloor of the Building conclusively deemed to comprise 15,356 rentable square feet, substantially as shown on the floor plan annexed as Exhibit A attached hereto (the “Additional 29th Floor Premises”). On the Effective Date the 29th Floor Premises shall be delivered to Tenant vacant and broom-clean. From and after the Effective Date, all references in the Lease to the “Premises” or the “demised premises” shall be deemed to include the 29th Floor Premises. 3.2. Commencing on the date on which Landlord delivers possession of the 28th Floor Premises (as hereinafter defined) on July 1, 2012 to Tenant vacant and broom-clean with Landlord’s 28th Floor Premises Work (as hereinafter defined) Substantially Complete (as hereinafter defined) and an SNDA (as hereinafter defined) from the lessor under any ground or underlying lease and the holder of any mortgage then in effect (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises 28th Floor Commencement Date”), which shall occur no sooner than October 1, 2014, those certain premises located on the twenty-eighth (b28th) that, as floor of the Additional Premises Commencement DateBuilding conclusively deemed to comprise 15,356 rentable square feet, substantially as shown on the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four floor plan annexed as Exhibit B hereto (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total 28th Floor Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be leased to Tenant on all of the terms and conditions of the Lease, except as further described otherwise provided in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of . From and after the Additional Premises 28th Floor Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of all references in the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition Lease to the parking which Tenant is entitled “Premises” or the “demised premises” shall be deemed to under include the terms of the Lease with respect to the original 28th Floor Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one . (51a) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then On (x) this Amendment the Effective Date Tenant shall accept the 29th Floor Premises, and the Lease shall not be void or voidable, (y) on the 28th Floor Commencement Date Tenant shall accept the 28th Floor Premises with the 28th Floor Premises Work Substantially Completed, and otherwise in their “AS IS” condition on such dates, and Landlord shall not be liable required to Tenant perform any additional work to make the 29th Floor Premises or the 28th Floor Premises ready for any loss or damage resulting therefrom Tenant’s use and occupancy. (zb) the new Basic Annual Rent applicable to the As used herein, “Substantially Complete” shall mean that Landlord’s 28th Floor Premises Work shall be as further described in Section 4.3 substantially completed other than (a) minor or insubstantial details of this Amendmentconstruction, mechanical adjustment or decoration that remain to be performed or (b) portions of Landlord’s 28th Floor Premises Work have not been completed because under good construction scheduling practice such work should be done after still uncompleted finishing or other work to be done by or on behalf of Tenant is completed. In addition, the date Landlord’s 28th Floor Premises Work shall be deemed Substantially Completed shall be accelerated one day for each day of any delay caused by Tenant or its employees, agents or contractors.

Additional Premises. Landlord shall use commercially reasonable efforts a) Notwithstanding anything contained in the Existing Lease to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floorcontrary, as shown on Exhibit A attached hereto (the “Additional Premises”) on of July 1, 2012 2001 (the “"Additional Premises Delivery Commencement Date”"), ------------------------------------- Landlord shall be deemed to have delivered to Tenant and Tenant shall be deemed to have accepted from Landlord, possession of the Additional Premises in its then "as-is, where-is" condition; provided, however, Landlord hereby agrees that all repairs designated upon Exhibit B will be completed either by Rolls Royce or --------- Landlord, at no expense to Tenant, on or before the Additional Premises Commencement Date; it being understood and agreed that any failure to timely complete any or all of such repairs and/or to complete same in a good, workmanlike manner shall, subject to applicable notice and cure periods, and as Tenant's sole remedy (it being understood and agreed that any such failure shall not result in a delay or an extension of the Additional Premises Commencement Date), constitute a default by Landlord under the Lease (an "Exhibit B --------- Default"), subject to cure within thirty (30) days following Landlord's receipt ------- of written notice from Tenant (provided, however, in the event any such cure reasonably requires more than thirty (30) days to complete, Landlord shall not be deemed to be in default so long as Landlord commences such cure within such thirty (30) day period and, thereafter, diligently prosecutes same to completion). In the event Landlord determines performs any of the repairs or work set forth on Exhibit B, Landlord shall, in connection therewith, perform such work in a --------- commercially reasonable manner and use commercially reasonable efforts to minimize interference with any permitted business then being conducted in the Additional Premises will by Tenant. In addition, in connection with any such work performed by Landlord, Landlord shall maintain, or cause its contractors and subcontractors to maintain, commercial general liability insurance with a minimum limit of One Million Dollars ($1,000,000.00) per occurrence and a minimum annual aggregate limit of One Million Dollars ($1,000,000.00), and workers compensation insurance in accordance with applicable law. Such liability insurance shall name Tenant as an additional insured, and all such insurance shall be ready for delivery primary as to any insurance maintained by Tenant. Landlord shall indemnify, defend and hold Tenant harmless from any and all claims, losses and damages (exclusive of consequential damages and/or lost profits) to the extent arising from Landlord's performance of such work. In the event Landlord fails to cure an Exhibit B Default within the subject thirty (30) day period, or, if having commenced such cure within such thirty (30) day period, does not diligently pursue same to completion, Tenant, at its option, shall have the right to cure such Exhibit B Default in accordance with the provisions of Paragraph 13.6(b) of the Existing Lease; provided, however, and notwithstanding ----------------- anything to the contrary contained in the Existing Lease, Tenant shall not be required to provide any Lender notice of, or an opportunity to cure, any Exhibit B Default prior to Tenant in the Required Condition on the Additional Premises Delivery Dateexercising its rights under Paragraph 13.6(b) with ----------------- respect to same; and provided further, within ten (10) business days prior however, and notwithstanding anything to the Additional Premises Delivery Datecontrary contained in Paragraph 13.6(b) of the Existing Lease, Landlord and Tenant shall enter into a written amendment ----------------- be entitled to offset all reasonable out-of-pocket costs actually incurred by Tenant in curing an Exhibit B Default against the Rent payable under the Lease, which amendment offset shall not be subject to the one (1) month Base Rent limitation set forth in Paragraph 13.6(b) of the Existing Lease. ----------------- b) Notwithstanding anything contained in the Existing Lease to offset rights in connection with an Exhibit B Default, in no event shall Landlord be obligated to provide, unless otherwise agreed in writingnor shall Tenant be entitled to, (a) that the commencement date any concession or other monetary amount or allowance on account of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of Premises. From and after the Additional Premises Commencement Date, all references in the Premises under Existing Lease to the Lease "Premises" shall be increased deemed to include refer to the Additional Premises for a total entirety of sixty-one thousand four hundred forty-four (61,444) square feet the Project, which Project, as set forth above, constitutes the aggregate of Rentable Area (together, the Existing Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”). In addition, (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date from and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of after the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of all references in the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition Existing Lease to the parking which "Building" shall be deemed to refer to all buildings within the Project. Tenant is entitled shall, on or before the Additional Premises Commencement Date, provide to Landlord evidence reasonably satisfactory to Landlord of insurance applicable to or covering the Additional Premises in the amounts and forms required to be maintained under the terms of the Lease with respect to the original Premises. At all times, TenantTenant shall use, for so long as Tenant leases the Additional Premisesoperate, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building maintain, repair, replace and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event otherwise occupy the Additional Premises is not ready for delivery to Tenant in accordance with the terms and provisions of the Lease. Notwithstanding anything contained in the Required Condition on Existing Lease or this Amendment to the contrary, Tenant shall have no obligation to pay Base Rent or other additional rent or other charges attributable to the Additional Premises Delivery until the Additional Premises Commencement Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.