Common use of Condition of Premises Clause in Contracts

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination of this LeaseTenant covenants and agrees that, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation upon taking possession of the Premises, Tenant shall remove all portable furnitureexecute Commencement Letter, trade fixturesin the form attached hereto as Exhibit L, machineryacknowledging (i) the Commencement Date, equipment, signs as defined hereinafter and other items the expiration date of personal property (unless prohibited from doing so under Section 20.2)this Lease, and shall remove any Alterations (whether or not made with Landlord’s consentii) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to has accepted the Premises caused by such removal for occupancy and shall restore that the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning condition of the Premises. If , including the Tenant fails to remove any items that Tenant has an obligation to remove Improvements (as herein under this Section when required defined) constructed thereon by Landlord and the Building was at that time satisfactory and in conformity with the provisions of this Lease subject to Landlord's completion of the details of construction, decoration and mechanical adjustment which, in the aggregate, are minor in character and do not materially interfere with the Tenant's use or otherwiseenjoyment of the Premises, except for any defects as to which Tenant shall give written notice to Landlord on the date of possession. Landlord shall promptly thereafter repair all such items shalldefects, at Landlord’s optionbut in all events not later than sixty (60) days, provided that in the event such defect cannot be cured within sixty (60) days, Landlord shall have commenced said repair within sixty (60) days and completed the same within a reasonable time. Such Commencement Letter shall become a part of this Lease. Notwithstanding if Landlord has not made and completed the property of Landlord and Landlord repairs to defects as described in said written notice provided by the Tenant, Tenant shall have the right to remove cure such defects and retain Landlord shall pay the reasonable costs and expenses incurred by or dispose charged to Tenant within ten (10) days of Tenant's written notice to Landlord of such costs and expenses. Any and all hidden defects, latent defects or defects shall be made known to Landlord by Tenant within 180 days after the Commencement Date or, if longer than 180 days after the Commencement Date, within any period covered by any warranties for any and all work performed on the Premises, which defects Landlord shall correct promptly after receipt of written notice describing such defects in reasonable detail. Landlord further covenants and agrees that correction of any hidden defects, latent defects or defects affecting the Premises concerning the roof, structure and exterior areas of the same Building will be the responsibility of Landlord, which defects Landlord shall correct promptly after receipt of written notice describing such defects in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsreasonable detail.

Condition of Premises. Upon ‌ Tenant hereby acknowledges that this Lease is entered into by Landlord pursuant to the expiration provisions of California Streets and Highways Code Section 104.30 which identifies a temporary shelter/feeding program as a public use, and that authorization allows but does not mandate lease of highway airspace for temporary shelter/feeding program use. The use of the Premises for a temporary shelter must be consistent with the Governor’s signing document enacting similar Streets and Highways Code sections and only be for temporary shelter use and not permanent housing. Such temporary use does not create a right of occupancy (Exhibit “B”). Further, any structure erected on the Premises by Tenant must be a temporary structure only and not permanent. Xxxxxxxx has conducted no inspection of the Premises to determine suitability of the Premises for the intended use, and Tenant is solely responsible for conducting a sufficient inspection, prior to entering into this Lease, for determining the suitability of the Premises for its intended use. By signature of its authorized representative herein, Tenant hereby certifies and agrees that it has conducted its own inspection of the Premises and is entering into this Lease solely upon reliance of its own inspection and not on the basis of any promises or earlier termination obligations of Landlord other than those set forth herein. Tenant hereby accepts the Premises in their “AS-IS” condition, with all faults, both known and unknown, which would have been discovered in the course of a reasonable inspection, existing as of the date of the execution hereof. Tenant has had an opportunity to inquire and discover all applicable zoning, municipal, county, state and federal laws, ordinances and regulations, governing and regulating the use of the Premises, and accepts this Lease subject thereto without limitation. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the specified use; nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises. Tenant acknowledges that Landlord specifically does not warrant fitness of the Premises for the specified use and specifically does not warrant the Premises fit for human habitation, whatsoever. Except as may be otherwise expressly provided in this Lease, the taking of possession of the Premises by Tenant shall constitute acknowledgement that the Premises are in good condition, and Xxxxxx agrees to accept the Premises in their presently existing condition "AS-IS", and that Landlord shall not be obligated to make any improvements or modifications thereto. Tenant is a political subdivision with the staff and resources necessary to investigate the condition of the Premises and hereby agrees and acknowledges that it has made a sufficient investigation of the condition of the Premises existing immediately prior to the execution of this Lease (including investigation of the surface, subsurface and groundwater for contamination and hazardous materials as defined in Section 5.6) and is satisfied that the Premises will safely support Tenant’s use and type of improvements, if any, to be constructed and maintained by Tenant upon the Premises. Tenant’s investigation sets a base line condition as documented in Exhibit “C” and shall be used to determine if improvements are required to make the Premises safe for homeless clients and facility staff. Investigation included a Phase I Environmental Site Assessment (ESA) (as defined in Exhibit “F”) reviewed and accepted by Landlord and any invasive sampling indicated by the results of the ESA or required by a regulatory agency with jurisdiction. Tenant hereby acknowledges and agrees that the Premises are otherwise fully fit physically for the uses required and permitted by this Lease and that Xxxxxx accepts all risks associated therewith. Tenant acknowledges that (1) Landlord has informed Tenant prior to the commencement of the term of this Lease that Landlord does not know nor has reasonable cause to believe that any release of any hazardous material, other than the Aerially Deposited Lead (ADL) discussed below, has come to be located on or beneath the Premises; (2) prior to the commencement of the term of this Lease, Landlord has made available to Tenant, for review and inspection, records in the possession or control of Landlord which might reflect the potential existence of hazardous materials on or beneath the Premises; (3) Landlord has provided Tenant access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to Tenant the opportunity to investigate, sample and analyze the soil and groundwater on the Premises for the presence of hazardous materials and that upon discovery of hazardous materials, Tenant shall surrender promptly disclose the information to Landlord and such information shall be listed in Exhibit “C”; (4) by signing this Lease Tenant represents to Landlord that, except for ADL and as otherwise may be stated in Exhibit “C” attached hereto and by this reference incorporated herein, Tenant does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; (5) the hazardous substances, other those listed in Exhibit “C”, which are introduced to the Premises, or exposed or disturbed, during Tenant’s period of use and possession as tenant of the Premises shall be completely remediated and removed by Tenant at no cost or expense to Landlord and in full compliance with all applicable laws, regulations, permits, approvals and authorizations; and (6) the hazardous substances, other than those listed in Exhibit “C”, which are found on the Premises during Tenant’s use, possession, or development of the Premises shall be completely remediated and removed by Tenant at no cost or expense to Landlord and in full compliance with all applicable laws, regulations, permits, approvals and authorizations. The term “hazardous substance,” as used herein, has the same meaning as that definition under Section 25316 of the California Health and Safety Code. Xxxxxx agrees that, except as otherwise expressly provided in this Lease, Tenant is solely responsible without any cost or expense to Landlord to take all actions necessary, off as well as on the Premises, to improve and continuously use the Premises as required by this Lease and in compliance with all applicable laws and regulations. Tenant expressly acknowledges and understands that (1) use of the Premises for a temporary emergency shelter/feeding program is being allowed at Tenant’s request; (2) the Premises are not designed for temporary emergency shelter/feeding program use; and (3) the Premises lie in close proximity to a State Highway presenting an increased risk of exposure for clients of a temporary emergency shelter/feeding program operated on the Premises to Landlordvehicular emissions, broom clean including the possible exposure to ADL. Tenant further expressly acknowledges and in good condition and repair, except for ordinary wear and tear understands that Tenant is not otherwise obligated to remedy under the provisions operation of the State Highway will continue at all times during the anticipated term of this Lease. Tenant shall deliver all keys , and that normal highway traffic, highway operations, and the foreseeable misuse of a State Highway by motorists and members of the traveling public may present unique risks to the Premises and the Building to Landlord. Upon Tenant’s vacation clients of a temporary emergency shelter/feeding program operating on the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination of this LeaseThe Lessor, Tenant shall surrender deliver the Premises to Landlord, broom Lessee clean and free of debris on the Lease commencement date (unless the Lessee is already in possession) and the Lessor warrants to the Lessee that the plumbing, lighting, air-conditioning, and heating in the Premises shall be in good operating condition on the Lease commencement date. Lessee shall have forty five (45) days after the Lease commencement date to give Lessor written notice of any defective condition or "punch-list" items of unfinished or deficient construction in the Premises, and repairLessor shall make reasonable efforts to correct the same within a reasonable time after such notice. The Lessee's failure to give such written notice within forty five (45) days after the Lease commencement date shall cause the conclusive presumption that the Lessor has complied with all of the Lessor's obligations hereunder. The warranty contained in this paragraph shall be of no force or effect if, except for ordinary wear and tear that Tenant is not prior to this date, the Lessee was an occupant of the Premises. Nothing herein shall be deemed to limit or exclude any rights Lessee may have under contractor warranties or manufacturer warranties relating to materials or equipment incorporated into the Premises. Except as otherwise obligated to remedy under set forth in this paragraph, the provisions of this Lease. Tenant shall deliver all keys to Lessee accepts the Premises and in the Building to Landlord. Upon Tenant’s vacation condition existing as of the Lease commencement date or the date that the Lessee takes possession of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)whichever is earlier, and shall remove the Lessee hereby waives any Alterations (and all warranties of condition or habitability, suitability for occupancy, use, or habitation, merchantability or fitness for a particular purpose, whether express or not made with Landlord’s consent) that Landlord may (at Landlord’s electionimplied, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage relating to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon The Plans shall create no responsibility or liability on the expiration part of Landlord for the completeness of such plans or earlier termination their design sufficiency; provided, however, Landlord shall warrant that as of the Commencement Date the Landlord Improvements will comply with all Applicable Law. Landlord shall have no obligation to Tenant for defects in design, workmanship, or materials of the Landlord Improvements, but shall use its reasonable best efforts to enforce the contractor's obligations therefore and shall, as appropriate under the terms of this Lease, assign to Tenant any manufacturer's warranties with respect to the Landlord Improvements. The Landlord Improvements shall surrender be deemed substantially completed on the date on which Landlord delivers to Tenant either (a) an occupancy permit (permanent or temporary) from the governmental agency responsible for issuing the same, or (b) a certification from Landlord's architect or construction manager stating that the Premises are substantially complete and ready for occupancy in accordance with the Plans reasonably acceptable to Tenant ("Certification"), or that any remaining work fully described by the architect or construction manager on a "punch list" thereafter to be completed by the Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is 's contractor will not otherwise obligated substantially adversely affect Tenant's ability to remedy under occupy the provisions of this LeasePremises. Tenant shall deliver all keys approve or reasonably disapprove the Certification within two business days after submittal to Tenant. Tenant's failure to reasonably object within such two business day period shall be conclusively deemed approval of the Certification and Premises and by Tenant. Except for the Building to Landlord. Upon Tenant’s vacation punchlist, Tenant agrees, that by taking possession of the Premises, Tenant shall remove all portable furnitureit acknowledges that it has inspected the Premises, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)that they are in good condition, and that it accepts the Premises in their then current condition, TENANT HEREBY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONDITION AND USE 0F THE PREMISES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Landlord shall remove assign to Tenant any Alterations (whether or not made with warranties for the Premises from Landlord’s consent) that Landlord may (at Landlord’s election's contractor, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by extent such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsassignable.

Condition of Premises. Upon (A) Tenant acknowledges that Landlord has made no representations to Tenant with respect to the expiration or earlier termination condition of this Lease, Tenant shall surrender the 40th Floor Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under and/or the provisions of this Lease42nd Floor Premises. Tenant shall deliver all keys to acknowledges that it is currently occupying the 40th Floor Premises and the Building 42nd Floor Premises and agrees to Landlord. Upon take the same "as is" in the condition existing on the date hereof (subject to any maintenance or repair or restoration obligations of Landlord under the Lease, as modified by this Amendment) and that, notwithstanding anything to the contrary contained in the Lease, as amended by this Amendment, Landlord shall have no obligation to perform any work, provide any work allowance or rent credit, alter, improve, decorate, or otherwise prepare the 40th Floor Premises and/or the 42nd Floor Premises for Tenant’s vacation continued occupancy, except that (i) promptly following the date on which all occupants of the Premises41st Floor Premises shall vacate same, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option's expense, become (x) remove the property internal staircase connecting the 42nd Floor Premises to the 41st Floor Premises subject to the terms of this Paragraph 6 and (y) replace the floor slab, excluding, however, any restoration work with respect to the 42nd Floor Premises (other than replacing such floor slab) required in connection therewith (the work described in clauses (x) and (y) above, excluding any such restoration work, the "Staircase Work") and (ii) promptly following the date on which Tenant gives Landlord notice that the Initial Alterations (as hereinafter defined) are substantially complete, and requests that Landlord commence such work, Landlord shall, at Landlord's expense, clean the perimeter induction units in the 42nd Floor Premises and seal and repair any broken windows therein (collectively, the "Post Initial Alterations Work"). It being agreed that neither Landlord nor Tenant shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account perform any restoration work required in the 41st Floor Premises. Landlord shall perform the Post Initial Alterations Work and the Staircase Work in accordance with all applicable laws and in a good and workmanlike manner. Tenant shall provide Landlord with access to the 42nd Floor Premises and (if the 41st Floor Premises is vacated prior to the Effective Date, and Landlord commences the Staircase Work prior to the Effective Date) the 41st Floor Premises to enable Landlord to perform the Staircase Work and the Post Initial Alterations Work. Tenant shall cooperate with Landlord by moving, and taking commercially reasonable steps to protect, Tenant's property to enable Landlord to perform the Staircase Work and the Post Initial Alterations Work. Landlord shall not be liable to Tenant for any loss or damage to Tenant's property occurring during the proceeds thereofperformance of the Staircase Work or the Post Initial Alterations Work, except to the extent arising as a result of Landlord's negligence or willful misconduct. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant's business during Business Hours on Business Days in the 42nd Floor Premises during the performance of the Staircase Work and (without limiting the foregoing) agrees (i) to erect (around the area in which the Staircase Work will be performed) temporary barriers and (ii) to perform all unreasonably loud or otherwise unreasonably disruptive portions of the Staircase Work during times other than Business Hours on Business Days. In the event that Landlord shall fail to complete the Staircase Work by the ninetieth (90th) day following the date on which Tenant waives gives Landlord notice that the 41st Floor Premises has been vacated by all claims against Landlord for any damages occupants (including Tenant) which ninety (90) day period shall be extended by delays referred to Tenant resulting from Landlord’s retention or disposition in Section 25.01 of such Alterations or personal property. the Lease, then Tenant shall be liable entitled to Landlord a credit in the amount of Three Thousand Five Hundred Twelve Dollars and Forty-Eight Cents ($3,512.48) per day for Landlord’s costs each day in the period from such ninetieth (90th) day (as may be extended as aforesaid) until the date on which the Staircase Work is Substantially Complete (as hereinafter defined). The term "Substantial Completion" or words of removingsimilar import shall mean that the applicable work has been substantially completed in accordance with the applicable plans and specifications, storing if any, it being agreed that (i) such work shall be deemed substantially complete notwithstanding the fact that minor or insubstantial details of construction or demolition, mechanical adjustment or decorative items remain to be performed, (ii) with respect to work that is being performed in the Premises, such work shall be deemed substantially complete only if the incomplete elements thereof do not interfere materially with Tenant's use and disposing occupancy of the Premises for the conduct of business, or delay or materially interfere with the completion of the construction of the Initial Alterations and (iii) with respect to any delays caused by Long Lead Work or Tenant Work Delays, the applicable work shall be deemed substantially completed (as such terms are hereinafter defined) upon the date such work would have been completed but for such delays. The term "Long Lead Work" shall mean any item which is not a stock item and must be specially manufactured, fabricated or installed or is of such itemsan unusual, delicate or fragile nature that there is a substantial risk that (i) there will be a delay in its manufacture, fabrication, delivery or installation, or (ii) after delivery of such item will need to be reshipped or redelivered or repaired so that, in Landlord's reasonable judgment, the item in question cannot be completed when the standard items are completed even though the items of Long Lead Work in question are (1) ordered together with the other items required and (2) installed or performed (after the manufacture or fabrication thereof) in order and sequence that such Long Lead Work and other items are normally installed or performed in accordance with good construction practice. In addition, Long Lead Work shall include any standard item, which in accordance with good construction practice should be completed after the completion of any item of work in the nature of the items described in the immediately preceding sentence. The term "Tenant Work Delays" shall mean act or omissions of Tenant or its agents or employees that in fact delay Landlord in the performance of the work in question.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions currently in occupancy of this Lease. Tenant shall deliver all keys to the Premises and the Building is familiar with its condition. Tenant acknowledges and agrees that Landlord shall not be obligated to Landlord. Upon Tenant’s vacation of improve the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs the Building and other items the Project in any manner whatsoever or to otherwise provide funds for the improvement of personal property (unless prohibited from doing so under Section 20.2)the Premises in conjunction with this Amendment and the Extended Term, and Tenant hereby accepts the Premises, the Building and the Project in their current “AS-IS” condition. Notwithstanding the foregoing, Landlord shall remove any Alterations (whether or not made with Landlord’s consent) inspect and confirm that Landlord may (at Landlord’s electionthe existing base-Building mechanical, made at heating, ventilation and air-conditioning, plumbing, electrical and fire sprinkler systems, and the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to roof, elevators, and parking lot serving the Premises caused by such removal and shall restore (collectively, the Premises to its prior “Warrantied Components”) in good operating condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord repair or otherwise, such items shallreplace, at Landlord’s optionsole cost and expense (subject to inclusion in Operating Expenses), become any Warrantied Components which are not functioning properly; provided, if any repair or replacement is required as a result of the property negligent acts or omissions of Tenant and/or any of Tenant’s employees, agents, representatives, invitees and contractors, then such repair or replacement shall be made at Tenant’s sole cost and expense. If any of such Warrantied Components should malfunction within the 30-day period following the Extended Term Commencement Date, then as Tenant’s sole remedy, and as Landlord’s sole obligation under this paragraph, Landlord and shall promptly repair any malfunction promptly upon receipt of written notice from Tenant, which notice shall set forth with specificity the nature of such malfunction; provided, however, Landlord shall have no liability hereunder for repairs or replacements necessitated by the right acts or omissions of Tenant and/or any of Tenant’s employees, agents, representatives, invitees and contractors. Correction of any malfunction to remove the Warrantied Components of which Landlord is not notified by Tenant within said 30-day period shall be at Tenant’s sole cost and retain or dispose expense, unless otherwise expressly permitted to be included in Operating Expenses pursuant to the terms of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsLease.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender take possession of the Premises in its “AS IS” condition on the Effective Date (hereafter defined), subject to all applicable laws, codes and ordinances. Landlord represents that it has not received any written notice from any governmental authorities having jurisdiction over the Project that the Premises are not in compliance with Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., or California Title 24. Tenant acknowledges that neither Landlord nor Landlord’s Agents have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant’s business, nor has Landlord or Landlord’s Agents agreed to undertake any alterations, additions or improvements to the Premises. Notwithstanding the foregoing to the contrary, Landlord shall, at its sole cost and expense, upgrade the existing electrical systems of the Premises and deliver 800amp/480 volt service via a meter that reflects only Tenant’s use of power to an electrical distribution panel located inside the Premises, all as more fully set out in the electrical engineering drawings prepared by RK Electric and attached as EXHIBIT G hereto (“Electrical Upgrade Work”), which drawings are hereby approved by Tenant; (the drawings attached as EXHIBIT G hereto being referred to as the “Electrical Upgrade Work Drawings”); provided, however, if Landlord uses the existing electrical power supply for the Building to increase the existing electrical power service to the Premises to Landlordthe required 800 amp/480 volt electrical service, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys then Landlord may make such changes or other modifications to the Premises and the Building Electrical Upgrade Work Drawings as Landlord determines reasonably necessary to Landlord. Upon Tenant’s vacation reflect such use of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at existing electrical power supply for the time such Alterations were installed) require Tenant to removeBuilding. Tenant shall repair all damage Electrical power pursuant to the Premises caused by such removal and Electrical Upgrade Work shall restore be provided to the current electrical distribution panel located in what is depicted as “Electrical Room 121” in the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal propertyas shown on EXHIBIT G hereto (“Electrical Room 121”). Tenant shall be liable responsible for the temporary hook-up to the HDB Panel within Electrical Xxxx 000, and Landlord, as part of the Electrical Upgrade Work, shall be responsible for the permanent hook-up to the HDB Panel within Electrical Room 121 upon the completion of the Electrical Upgrade Work. Subject to Paragraph 38.N, the Electrical Upgrade Work shall be completed by October 1, 2008. Subject to reasonable temporary interruption, Landlord for Landlord’s costs of removing, storing and disposing of such itemswill maintain the existing electrical service to the Premises which the Electrical Upgrade Work is being performed.

Condition of Premises. Upon REPAIRS. The Leased Premises are leased to the expiration or earlier termination Term in the CONDITION AS IS. Taking possession of this Lease, the Leased Premises by Tenant shall surrender be conclusive evidence as against Tenant that the Leased Premises are in satisfactory condition when possession was so taken. Except as stated herein, no promises of Landlord to Landlordalter, broom clean and in good condition and remodel, improve, repair, except decorate or clean the Leased Premises or any part thereof have been made, and no representation respecting the condition of the Leased Premises, has been made to Tenant by or on behalf of Landlord. Except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under any damage resulting from the provisions negligence or willful acts of this LeaseLandlord or Landlord's agents. Tenant shall deliver all keys to at its own expense keep the improvements located on the Leased Premises and the Building to Landlord. Upon Tenant’s vacation of the Premisesin good operating condition, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)including replacement if necessary, and tenantable condition together with the air conditioning and heating system and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall promptly and adequately repair all damage to the Premises caused by such removal and shall restore the Premises to its prior conditionTeased Premises, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, including but are not limited to, the following: capping all plumbing, capping all electrical wiring, replacing or repairing all holes in wallsdamaged or broken glass, restoring damaged floor and/or ceiling tilesfixtures and appurtenances. Landlord, its officers, agents and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord representatives shall have the right to remove and retain or dispose enter all parts of the same in any manner, without any obligation to account Leased Premises during regular business hours and upon forty-eight (48) hours notice to Tenant for to inspect the proceeds thereof. Leased Premises and Tenant waives all claims against Landlord for shall not be entitled to any damages abatement or reduction of rent by reason thereof as long as such inspection is done in a manner as to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal propertynot interfere with Tenant's business operations. Tenant shall be liable responsible for installation, maintenance and repair of any security system desired for the Leased Premises as well as for the electrical and plumbing systems within the Leased Premises and for the air conditioning and heating system. Tenant, at its sole expense, shall promptly replace and maintain any fighting located on the Leased Premises. Tenant shall maintain in good operating condition any water fixtures and plumbing within the Leased Premises and shall be solely responsible for any additional cost incurred due to Landlord for Landlord’s costs of removing, storing and disposing of such itemsany leaks from fixtures within the Leased Premises.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation expiration of the PremisesLease, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so the same under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove; provided, Tenant shall not be required to remove any Alterations for which Tenant has previously obtained Landlord’s written agreement that such removal would not be required at the end of the Lease term. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon a) Tenant hereby acknowledges to Landlord that is fully familiar with the expiration condition of the Premises and that Tenant agrees to lease the Premises in its “AS IS” condition as of the date hereof. Landlord warrants and represents that it has received no notice, nor has it any reason to believe that the Permitted Use of the Premises is in violation of the current zoning of the Property. In consideration of Tenant leasing the Premises in its “AS IS” condition, Landlord hereby agrees to provide Tenant with a cash allowance equal to Five Hundred Thousand and 00/100 ($500,000.00) Dollars (hereinafter referred to as the “Construction Allowance”), for the purpose of making additional leasehold improvements, which Construction Allowance shall be paid to Tenant provided Tenant is not in default beyond any applicable cure period pursuant to any of the terms and provisions of the Lease, within thirty (30) days of Landlord’s receipt of bona fide paid invoices, executed lien waivers from all relevant contractors for the work for which Tenant is seeking reimbursement in form and substance substantially as set forth in Exhibit G attached hereto, or earlier termination such other documentation reasonably requested by Landlord reflecting that Tenant has incurred such costs for any such leasehold improvements. Any cost of such leasehold improvements which shall be in excess of the aforesaid Construction Allowance shall be paid by Tenant. To the extent the cost of the leasehold improvements shall be less than the Construction Allowance, such excess shall be credited against Tenant’s obligations to pay Fixed Rent next due under the terms of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building building of which the Premises are a part to Landlord. Upon Tenant’s vacation of the Premises, at Tenant’s sole cost and expense, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so the same under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove; except that Tenant shall not be required to remove its architectural embellishments to the doorway providing entry into the Building and any improvements made to expand the lunchroom. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items. If any present or future law imposes any requirement of reporting, survey, investigation or other compliance upon Landlord, Tenant, or the Premises, and if such requirement is precipitated by a transaction involving the Lease (other than the natural expiration thereof at the end of the lease term), including without limitation the assignment or sublease, in whole or in part of Tenant’s interest in the Lease, or the change in the ownership of Tenant, then Tenant shall fully comply with and pay all costs of compliance with such requirement, including Landlord’s reasonable attorneys’ fees and costs.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s 's vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s 's consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove, subject to Section 15.1 above. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s 's expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s 's option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s 's retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s 's costs of removing, storing and disposing of such items.

Condition of Premises. Upon At the expiration or earlier termination of this Lease by lapse of time or otherwise, or upon termination of Tenant's right of possession without terminating this Lease, Tenant shall surrender possession of the Premises to Landlord and deliver all keys to the Premises to Landlord, and shall return the Premises and all equipment and fixtures of Landlord to Landlord in substantially as good condition as when Tenant originally took possession, ordinary wear and tear, loss or damage by fire or other casualty or condemnation, and damage resulting from the act of Landlord or any other of its employees and agents excepted, failing which Landlord may restore the Premises and such equipment and fixtures to such condition and Tenant shall pay the cost thereof to Landlord as Rent immediately upon demand. Except as provided below, all improvements, fixtures and other items in or upon the Premises (including without limitation all Alterations and Tenant Improvements, but expressly excluding movable office furniture, trade fixtures (including, without limitation, racking), office equipment and other personal property belonging to Tenant that they may be removed without permanent structural damage to the Premises or the Building), whether temporary or permanent in character and whether made by Landlord or Tenant, shall become Landlord's property and shall remain upon the Premises at the expiration or earlier termination of this Lease by lapse of time or otherwise or upon a termination of Tenant's right of possession, without compensation to Tenant. Notwithstanding the foregoing, if within ten (10) days prior to the expiration or earlier termination of this Lease or Tenant's right of possession thereafter Landlord so directs by notice, Tenant shall promptly remove such of the foregoing items as are designated in such notice and restore the Premises to the condition prior to the installation of such items. If Tenant does not promptly remove such property upon the expiration or earlier termination of this Lease, Tenant shall surrender or upon the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions termination of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation 's right of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shallpossession, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. 's election: (i) Tenant shall be liable conclusively presumed to have conveyed the same to Landlord for under this Lease as a bill of sale without payment or credit by Landlord’s costs of removing, storing and disposing of such items.or

Condition of Premises. Upon Subject to the expiration or earlier termination provisions of this Leasethe immediately following paragraph, Tenant shall surrender notify Landlord in writing within sixty (60) days of the date Tenant takes possession of the Premises to Landlord, broom clean and of any defects in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises claimed by Tenant. Except for defects stated in such 60-day notice and the Building to Landlord. Upon Tenant’s vacation Latent Defects (defined below) of which Tenant gives Landlord notice within eighteen (18) months after Tenant takes possession of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)be conclusively deemed to have accepted the Premises “AS IS” in the condition existing on the date Tenant first takes possession, and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair have waived all damage claims relating to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning condition of the Premises. If Tenant fails Landlord shall proceed diligently to remove correct the defects stated in such notice unless Landlord disputes the existence of any items that Tenant has an obligation such defects. In the event of any dispute as to remove under this Section when required by Landlord or otherwisethe existence of any such defects, such items shall, at the decision of Landlord’s option, become architect shall be final and binding on the property parties. No agreement of Landlord to alter, remodel, decorate, clean or improve the Premises or the Building and Landlord shall have no representation regarding the right to remove and retain or dispose condition of the same Premises or the Building has been made by or on behalf of Landlord to Tenant, except as may be specifically stated in any mannerthis Lease or in the Work Letter. For purposes of this Lease, without any obligation “Latent Defects” shall mean defects which were not readily apparent when the sixty (60) day notice was due. No agreement of Landlord to account alter, remodel, decorate, clean or improve the Premises or the Real Property and no representation regarding the condition of the Premises or the Real Property has been made by or on behalf of Landlord to Tenant for Tenant, except as may be specifically stated in this Lease or in the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsWorkletter.

Condition of Premises. Upon LESSEE(S) HAS EXAMINED THE PREMISES, AND IS SATISFIED with the expiration or earlier termination physical condition, and Lessee(s)’ taking possession of this Lease, Tenant premises shall surrender the Premises to Landlord, broom clean and be conclusive evidence of receipt of them in good condition order and repair, except for ordinary wear EXCEPT as specified in the MO VE-IN CONDITIO N CHECKLIST when attached hereto and tear that Tenant is not otherwise obligated to remedy under the provisions made a part of this Lease. Tenant shall deliver all keys agreement; Less ee(s ) agr ees it is Less ee(s)’ responsibility to make a written record of premises’ condition within 2 weeks of taking possession of premises; and that no representation as to the Premises condition of premises has been made except in this written lease & addenda, and agrees that no promise to decorate, alter, repair or improve the Building premises, or guarantee any refund of any portion of security or other deposits has been made except as written in this lease. LESSOR IS NOT LIABLE FOR QUALITY OF AIR, WATER, OR ANY OTHER CONDITIONS OVER WHICH LESSOR HAS NO CONTROL. LESSOR WILL PROVIDE LESSEE(S) a dwelling unit that is cleaned to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property a reasonable standard (unless prohibited from doing so under see Section 20.2D “Cleaning Standards” herein), and shall remove any Alterations the following personal property for Lessee’s use during term of this lease: Refrigerator[ ] Cookstove[X] Dishwasher[ ] Garbage Disposal[ ] Microwave oven[ ] Ceiling Fan(s)[ ] WasherDryer[ ] Hookups for washer/dryer[ ] On-Site Coin-operated Laundry[ ] Carpets[ ] Smoke detectors [ X ] Water heater [ X] Parking [X] Window coverings [X] AC/Heating PEST CONTROL: LESSOR/OWNER SHALL NOT PAY FOR ANY PEST CONTROL SERVICES EXCEPT WHEN LESSOR/OWNER ARE LAWFULLY BOUND. If it is professionally determined that Lessee(s) is liable for pest infestation (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, including but are not limited to, the following: capping all plumbingroaches, capping all electrical wiringfleas, repairing all holes in wallsbedbugs, restoring damaged floor and/or ceiling tilesetc.), and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord then Lessee(s) is liable for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsprofessional pest control service fees.

Condition of Premises. Upon the expiration or earlier termination of this LeaseExcept as set forth otherwise on Exhibit C attached hereto, Tenant shall surrender the Premises to Landlord, broom clean acknowledges and in good condition and repair, except for ordinary wear and tear agrees that Tenant is not otherwise obligated to remedy Landxxxx xxx no obligation under the provisions of this Lease. Tenant shall deliver all keys Lease to make any improvements to or perform any work in the Current Premises or the Additional Premises, or provide any improvement allowance, and Tenaxx xxxepts the Current Premises and the Building Additional Premises in their current “AS IS” condition. Neither Landlord, nor anyone acting on Landlord’s behalf, has made any representation, warranty, estimation, or promise of any kind or nature whatsoever relating to the physical condition or suitability, including without limitation, the fitness for Tenant’s intended use, of the Additional Premises. Tenant acknowledges that the Leasehold Improvements (as defined in Exhibit C) will be completed while Tenant is occupying the Current Premises, and may interfere with or disrupt Tenant’s business or otherwise inconvenience Tenant. Landxxxx’x xompletion of the Leasehold Improvements during Tenant’s occupancy of the Current Premises will not be considered a breach of Tenant’s rights under the Lease. Landlord will use commercially reasonable efforts to minimize any disruption or inconvenience to Tenant, provided Tenant will reasonably cooperate with Landlord with respect to the Leasehold Improvements, including without limitation packing loose and personal contents and moving Tenant’s electronic equipment as reasonably directed by Landlord. Upon Tenant’s vacation of Landlord will provide Tenant with a schedule for completing the PremisesLeasehold Improvements, after which Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage will provide access to the Premises caused by such removal and shall restore the Current Premises to its prior condition, all at Landlord without Landlord having to provide any further notice to Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon Tenant acknowledges and agrees that it presently occupies the expiration or earlier termination portion of this Lease, Tenant shall surrender the Premises designated as Second Floor Space A, knows the condition thereof, and is leasing and accepting the same in their present "as is" condition. Landlord shall not be required to rework, remodel or recondition Second Floor Space A in any manner whatsoever for Tenant's use and occupancy thereof. Landlord shall substantially complete the renovation of Second Floor Space B pursuant to Exhibit C attached hereto. All such work shall be done in a good and workmanlike manner in compliance with all building codes and regulations applicable to the Building. Tenant's taking possession of Second Floor Space B shall be conclusive evidence that Tenant accepts such space and that such space is in satisfactory condition except for any punch list of unsatisfactory items of which Tenant gives written notice to Landlord within ten (10) business days after the Relocation Effective Date which shall be promptly corrected or repaired by Landlord, broom clean provided, however, Landlord shall have no obligation to repair drywall, doors or doorframes in Second Floor Space B unless Tenant gives written notice of any problems related thereto prior to Tenant's moving into Second Floor Space B. Tenant agrees to cooperate with Landlord in the performance of Landlord's work in Second Floor Space B and agrees that if Landlord and its agents and employees have acted in good condition a commercially reasonably manner and repairany such work inconveniences Tenant or disrupts business operations in the Premises, except for ordinary wear Landlord shall not be liable therefor nor shall the same constitute an actual or constructive eviction of Tenant or entitle Tenant to any deduction or offset in the payment of rent and tear that Tenant is not otherwise obligated to remedy other charges due and payable under the provisions of this Lease. Tenant Except as set forth herein, Tenant, at its sole cost and expense, shall deliver perform all keys alterations, improvements and other work necessary to prepare the Premises and the Building to Landlordfor Tenant's use. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time All such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs work shall be performed done in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this accordance with Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items14 below.

Condition of Premises. Upon the expiration or earlier other termination of this Lease, Tenant the Solar Arrays and any improvements constructed on, stored at, or brought onto the Leased Premises by Tenant, including any trade fixtures or signs, shall surrender be removed by Tenant, and the Leased Premises shall be restored to Landlordsubstantially the same condition that existed upon the Commencement Date of the Lease, broom clean and in good condition and repair, except for ordinary normal wear and tear that excepted and also excluding any need for Tenant is not otherwise obligated to remedy site work (including, for example and without limitation, tree removal and site grading, if applicable) that was performed by Tenant to prepare the Leased Premises for the installation of the Solar Array (collectively, the “Tenant Removal Obligation”). All trade fixtures and signs, whether by law deemed to be a part of the realty or not, installed by the Tenant at any time or anyone claiming under the provisions Tenant, shall remain the property of this the Tenant or persons claiming under the Tenant and may be removed by the Tenant or anyone claiming under the Tenant at any time or times during the Lease Term. If Tenant does not complete the Tenant Removal Obligation within one hundred twenty (120) days after expiration or other termination of the Lease. , or such additional time as may be granted by Landlord (the “Tenant Removal Period”), Landlord shall deliver all keys have the right, at its option and upon prior written notice to Tenant, (a) to remove the System from the Premises and store the Building to Landlord. Upon Tenant’s vacation of the PremisesSystem, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)or sell it for salvage value, and shall remove any Alterations (whether or not made with Landlord’s consentb) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior conditionsubstantially the same condition that existed as of the Commencement Date of the Lease, reasonable wear and tear excepted, all at Tenant’s sole cost and expense. Such repairs , including any warehousing costs but less any actual sales amount for salvage; in the event that the sales amount for salvage exceeds the cost and expenses Landlord incurs to remove the System, restore the Premises, and sell the equipment, then such excess proceeds shall be performed in a manner satisfactory paid to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsTenant.

Condition of Premises. Upon 4.01 (a) Landlord shall perform Landlord’s Work in the expiration manner and subject to the provisions of Exhibit C-1 attached hereto and made a part hereof. Landlord’s Work shall be deemed to have been Substantially Completed (subject to Landlord’s obligation to complete same) even though minor details or earlier termination adjustments may not then be completed. The taking of possession of the Premises by Tenant for the performance of Tenant’s Work (or the completion of Landlord’s Work pursuant to Section 3.01 hereof) or for the conduct of business or for any other reason whatsoever shall be deemed an acceptance of the Premises and Substantial Completion by Landlord of Landlord’s Work (except as otherwise expressly provided in Section 3.01 hereof). Notwithstanding anything to the contrary contained in this Lease, in the event that the Commencement Date is delayed by reason of delays caused or occasioned by Tenant, Tenant agrees that at Landlord’s option the term of this Lease and Tenant’s obligations shall surrender commence on the Premises date that this Lease would have commenced had the Commencement Date not been so delayed by Tenant. Other than Landlord’s obligation to perform Landlord’s Work and pay the Work Allowance (as defined in Exhibit C-2) in accordance with, broom clean and in good condition and repairsubject to, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Exhibit C-2, Landlord shall have no obligation to perform any work, supply any materials or incur any cost in preparing the Premises for Tenant’s occupancy, and Tenant shall deliver all keys to accept possession and occupancy of the Premises on the Commencement Date in their then “AS-IS” condition and state of repair, subject to any and all defects therein, latent or otherwise. Any installations, materials and work which may be undertaken by or for the Building account of Tenant to Landlord. Upon equip, decorate and furnish the Premises for Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property initial occupancy thereof (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant hereinafter referred to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at as “Tenant’s expense. Such repairs Work”) shall be performed in a manner satisfactory accordance with Exhibit C-2 at Tenant’s sole cost and expense (except for Landlord’s obligation to Landlord perform Landlord’s Work and shall includepay the Work Allowance in accordance with, but are not limited and subject to, the following: capping all plumbingprovisions of Exhibit C-2), capping all electrical wiringin accordance with the terms, repairing all holes covenants and conditions set forth in wallsthis Lease, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any mannerincluding, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removinglimitation, storing Articles 13 and disposing of such items14 hereof.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon TenantXxxxxx’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and and, at Landlord’s option, shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from LandlordXxxxxxxx’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration Tenant acknowledges that Landlord shall have no obligation to perform any construction or earlier termination of make any additional improvements or alterations, or to afford any allowance to Tenant for improvements or alterations, in connection with this LeaseAmendment, other than as is set forth in this Paragraph 10. Except as is provided in this Paragraph 10 and Exhibit B, Tenant accepts the New Space in its “as is” condition. Landlord shall surrender tender possession of the Premises New Space with all the work to Landlordbe performed by Landlord pursuant to Exhibit B to this Lease substantially completed, broom clean and in good condition and repairendeavoring to do so by April 1, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under 2006 (the provisions of this Lease“Scheduled Commencement Date”). Tenant shall deliver all keys to a punch list of items not completed within thirty (30) days after Landlord tenders possession of the Premises and the Building Landlord agrees to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made proceed with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time due diligence to perform its obligations regarding such Alterations were installed) require Tenant to removeitems. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s optionrequest, become execute and deliver a memorandum agreement provided by Landlord in the property form of Exhibit C attached hereto, setting forth the actual New Space Commencement Date, Termination Date and, if necessary, a revised rent schedule. Should Tenant fail to do so within thirty (30) days after Landlord’s request, the information set forth in such memorandum provided by Landlord shall be conclusively presumed to be agreed and correct. Tenant agrees that in the event of the inability of Landlord to deliver possession of the New Space on the Scheduled Commencement Date for any reason, Landlord shall not be liable for any damage resulting from such inability and Tenant shall continue in occupancy of, and paying rent on account of, the Current Premises at the rate currently payable under the Lease; but Tenant shall not be liable for any rent for the New Space until the time when Landlord can, after notice to Tenant, deliver possession of the New Space to Tenant. No such failure to give possession on the Scheduled Commencement Date shall affect the other obligations of Tenant under this Lease, except that if this Lease is executed by the Tenant and delivered to Landlord by January 5, 2006 and Landlord is unable to deliver possession of the New Space by May 15, 2006 (other than as a result of strikes, shortages of materials, holdover tenancies or similar matters beyond the reasonable control of Landlord and Tenant is notified by Landlord in writing as to such delay), Tenant shall have the option to deliver a termination notice, unless and to the extent that said delay is as a result of: (a) Tenant’s failure to agree to plans and specifications and/or construction cost estimates or bids; (b) Tenant’s request for materials, finishes or installations other than Landlord’s standard except those, if any, that Landlord shall have the right expressly agreed to remove and retain furnish without extension of time agreed by Landlord; (c) Tenant’s change in any plans or dispose specifications; or, (d) performance or completion by a party employed by Tenant (each of the same in foregoing, a “Tenant Delay”). If any mannerdelay is the result of a Tenant Delay, without any obligation to account to Tenant the New Space Commencement Date and the payment of rent under this Lease for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition New Space shall be accelerated by the number of days of such Alterations or personal propertyTenant Delay. Subject to the foregoing, if Tenant has provided the aforesaid termination notice, this Amendment shall be liable deemed terminated and not to be part of the Lease and the Lease shall continue in full force and effect without reference to this Amendment. In the event Landlord permits Tenant, or any agent, employee or contractor of Tenant, to enter, use or occupy the New Space prior to the New Space Commencement Date, such entry, use or occupancy shall be subject to all the provisions of this Lease other than the payment of rent for Landlord’s costs of removing, storing and disposing of such itemsthe New Space. Said early possession shall not advance the Termination Date.

Condition of Premises. Upon Thirty (30) days following the expiration Rent Commencement Date and in accordance with the Work Letter Agreement attached hereto as Exhibit "C", Landlord and Tenant will jointly conduct a walk-through inspection of the C&B Premises and will jointly prepare a punch-list ("Punch-List") of items required to be installed by Landlord under the Work Letter Agreement which require finishing or earlier termination correction. The Punch-List will not include any items of damage to the C&B Premises caused by Tenant's move-in or early entry, if permitted, which damage will be corrected or repaired by Landlord, at Tenant's expense or, at Landlord's election, by Tenant, at Tenant's expense. Other than latent defects of which Landlord is notified within one (1) year after the Rent Commencement Date, Landlord's obligations under Paragraph 14 of this Lease, and the items specified in the Punch-List, by taking possession of the C&B Premises, Tenant will be deemed to have accepted the C&B Premises in its condition on the date of delivery of possession, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use and occupancy of the C&B Premises and to have acknowledged that the Tenant Improvements have been installed as required by the Work Letter Agreement and that there are no additional items needing work or repair by Landlord. Landlord will cause all items in the Punch-List to be repaired or corrected within thirty (30) days following the preparation of the Punch-List or as soon as practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Development or any portions thereof or with respect to the suitability of same for the conduct of Tenant's business. The foregoing inspection of the C&B Premises may hereinafter be referred to as the "Inspection Process." Landlord and Tenant acknowledge and agree that the Inspection Process shall surrender be applicable to each portion of the Subleased Premises as such portions are turned over to Landlord, broom clean Tenant and the respective subtenants thereof in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under accordance with the provisions terms of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant A. Landlord shall surrender deliver the Premises to LandlordTenant in shell condition, broom clean with demising walls, corridor, and in good condition and repair, except for ordinary wear and tear that suite entry completed. Tenant is not otherwise obligated leasing the Premises “as-is”, without any other obligation on Landlord’s part to remedy under alter, remodel, improve or decorate any part of the provisions of this LeasePremises or the Building or Common Areas other than demising the Premises. Tenant will build out tenant improvements according to the terms of the Work Letter attached hereto as Exhibit “B” (“Work Letter”). Landlord shall deliver all keys to provide the sum identified in Subparagraph 16 of the Fundamental Lease Provisions above as a Tenant Improvement Allowance in accordance with the Work Letter, which sum shall be reduced or increased after calculation of the square footage of the Premises as provided below. Landlord shall, after Tenant’s approval of architectural drawings for the Tenant Improvements, calculate the useable square footage of the Premises and the Common Area located on the third floor from the approved drawings and calculate the rentable square footage of the Premises. The rentable and useable square footage shall be determined in accordance with the standards promulgated by the Building to Owners and Managers Association (“BOMA Standard”) as determined by Landlord’s architect for the Building (“Landlord’s Architect”). Upon The Tenant Improvement Allowance stated in Subparagraph 16 of the Fundamental Lease Provisions shall be determined by the calculation of usable square footage described above. The rentable square footage stated in Subparagraph 4 of the Fundamental Lease Provisions, Tenant’s vacation pro rata share stated in Subparagraph 5, monthly Base Rent stated in Subparagraph 9, and parking stated in Subparagraph 15 shall be adjusted according to the. Landlord shall provide to Tenant a statement from Landlord’s Architect of the usable square footage and of the rentable square footage after completion of each such calculation. After calculation of the square footage of the Premises, Landlord shall deliver to Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs a Square Footage Statement substantially in the form of Exhibit “C” attached hereto. The calculation described above affect only the usable square footage and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning rentable square footage of the Premises, and the square footage of the Building for purposes of this Lease shall remain as stated in the grammatical paragraph following the numbered subparagraphs of the Fundamental Lease Provisions. Monthly Base Rent shall be recalculated based on $4.35 per rentable square foot. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwisethe Base Rent after calculation of the square footage of the Premises is greater than $36,213.75, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account deliver an invoice to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. difference and Tenant shall pay the additional Base Rent due within ten (10) days after receipt of the invoice. If the Base Rent after calculation of the square footage of the Premises is less than $36,213.75, Landlord shall credit the excess payment against the next installments of Base Rent due from Tenant to Landlord. Parking shall be liable recalculated based on the calculated rentable square footage multiplied by four parking stalls per one thousand square feet; if the product of the multiplication is not a whole number, the result shall be rounded down to Landlord for Landlord’s costs of removing, storing and disposing of such itemsthe nearest whole number.

Condition of Premises. Upon Tenant shall notify Landlord in writing within three hundred thirty (330) days after the expiration later of (a) the Date of Lease or earlier termination (b) the date on which a certificate of this Leaseoccupancy or equivalent document is issued for the Shell Improvements and the core area of the Building of any defects with respect to the Shell Improvements in the Premises or the core area of the Building. Notwithstanding the notice period in the immediately preceding sentence, if Tenant discovers or becomes aware of any latent defects with respect to the Shell Improvements in the Premises or the core area of the Building, Tenant shall surrender notify Landlord thereof within fifteen (15) business days after Tenant discovers or becomes aware of any such latent defect, and at Tenant’s request, Landlord will take any and all reasonable steps to enforce any rights (including, without limitation, any warranty rights or rights to bring a breach of contract claim) against Landlord’s contractors in order to cause any such latent defects to be promptly corrected. Except for defects stated in any such notice, and subject to Landlord’s agreements in the immediately preceding sentence, Tenant shall be conclusively deemed to have accepted the Premises “AS IS” in the condition existing on the date Tenant first takes possession and to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver have waived all keys claims relating to the Premises condition of the Premises. Landlord shall proceed diligently to correct the defects stated in such notice unless Landlord disputes the existence of any such defects. No agreement of Landlord to alter, remodel, decorate, clean or improve the Premises, the Building, the Property or the Project and no representation regarding the Building to Landlord. Upon Tenant’s vacation condition of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited toBuilding, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of Property or the Premises. If Tenant fails to remove any items that Tenant Project has an obligation to remove under this Section when required been made by Landlord or otherwise, such items shall, at Landlord’s option, become the property on behalf of Landlord and Landlord shall have to Tenant, except as may be specifically stated in this Lease or in the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsWork Letter.

Condition of Premises. Upon The Plans shall create no responsibility or liability on the expiration part of Landlord for the completeness of such plans, or earlier termination their design sufficiency, or compliance with Applicable Law. Landlord shall have no obligation to Tenant for defects in design, or materials of the Landlord Improvements. The Landlord Improvements shall be deemed substantially completed on the date on which Landlord delivers to Tenant (i) an occupancy permit (permanent or temporary) from the governmental agency responsible for issuing the same, and (ii) a certification from Landlord's architect or construction manager stating that the Premises are substantially complete and ready for occupancy, subject only to any remaining work on a "punchlist" thereafter to be completed by the Landlord's contractor which will not substantially adversely affect Tenant's ability to occupy and use the Premises (except for any specialty areas, e.g. the vivarium). Landlord warrants and represents that, as of the Commencement Date, (i) the Landlord Improvements for the Phase I Premises shall have been constructed in accordance with the provisions of Plans in accordance with this Lease, Tenant shall surrender (ii) the Phase I Premises to Landlordwill be in good and clean operating condition and repair, broom clean (iii) the electrical, mechanical, HVAC, and other building systems serving the Phase I Premises will be in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated (iv) the roof of the Building will be in good condition and water tight; provided, however, as Tenant's sole remedy with regard to any violation of such warranty and representation, Landlord shall promptly after receipt of the Punch List (as defined below), diligently proceed to remedy under the provisions of this Leaseany such punch list items. Except as specifically provided herein, TENANT HEREBY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONDITION AND USE OF THE PREMISES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation agrees, that by taking possession of the Premises, Tenant shall remove all portable furnitureit acknowledges that it has inspected the Premises, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)that they are in good condition, and shall remove any Alterations that it accepts the Premises in their then current condition subject only to a punchlist of non-compliance with this Lease delivered from Landlord to Tenant within sixty (whether or not made with Landlord’s consent60) that Landlord may days after the Commencement Date (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove"PUNCH LIST"). Tenant shall repair all damage Any provision of this Lease to the Premises caused by such removal and contrary notwithstanding, Landlord shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall not be performed in responsible for any defects as a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning result of the Premisesdesign and/or engineering of the Plans. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account assign to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting applicable warranties from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable 's contractors with regard to the Landlord for Landlord’s costs of removing, storing and disposing of such itemsImprovements.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises Xxxxxses to Landlord, broom clean dean and in good condition the same xxxxxxxxx and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building building of which the Premises are a part to Landlord. Upon Tenant’s 's vacation of the PremisesPxxxxxxs, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so the same under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s 's consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s 's expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s 's option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s 's retention or disposition dixxxxxxxxn of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s 's costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination Each Segment of this Lease, Tenant shall surrender the Premises shall be delivered to LandlordTenant on or before the Scheduled Delivery Date applicable thereto, in vacant, broom clean condition, with all Delivery Work substantially completed, and otherwise in good condition compliance with the terms and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of the Workletter and this Lease. After possession of any Segment is delivered to Tenant, Tenant shall deliver all keys may perform any Tenant Work (as defined in the Workletter) and Furniture Work (as defined in the Workletter) therein pursuant to the Premises and the Building to Landlord. Upon Tenant’s vacation of the PremisesWorkletter, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have perform any Permitted Post Delivery Work therein in accordance with the right Workletter. Landlord agrees that if the Delivery Work (or portions thereof) is substantially completed in any Segment prior to remove the Delivery Date or Scheduled Delivery Date applicable thereto (or Landlord Work is sufficiently completed, as determined by Landlord in its reasonable discretion, so as to allow Tenant to gain access to such Segment for purposes of performing its construction document field verification and/or space planning (if not theretofore completed) and retain construction activities in such Segment without interference to Landlord), Landlord shall cooperate with Tenant to allow Tenant to gain access to such Segment (or dispose portions thereof) prior to the Delivery Date or Scheduled Delivery Date (as applicable) applicable thereto in order to enable Tenant to commence its construction document field verification and/or space planning (if not theretofore completed) and construction activities (including the Tenant Work and Furniture Work) prior to said Delivery Date or Scheduled Delivery Date (as applicable). Tenant’s acceptance of the same in Premises (or any manner, without Segment or portion thereof) shall not be deemed to release Landlord from any of its duties and obligations under the Workletter (including the obligation to account perform and complete the Landlord Work and to pay the Tenant Work Allowance (as defined in the Workletter) in accordance with the terms of the Workletter) or from any of its obligations under this Lease with respect to the construction, operation, maintenance, repair or replacement of the Building and other Improvements or the providing of services to Tenant as provided for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsin this Lease.

Condition of Premises. Upon Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence that the Premises or any such portion was in good order and satisfactory condition when Tenant took possession, subject to any latent defects in either the Building structure, or the Building's mechanical, plumbing, electrical and HVAC systems (collectively, the "Systems"). At the expiration or earlier other termination of this LeaseLease or of Tenant's right of possession, Tenant shall surrender leave the Premises to LandlordPremises, broom clean and during the Term will keep the same, in good condition order and repaircondition, except for ordinary wear and tear tear, damage by fire or other casualty alone excepted; and for that purpose, Tenant is not otherwise obligated to remedy under the provisions of this Leaseshall make all necessary repairs and replacements. Tenant shall deliver all keys give Landlord prompt notice of any damage to or accident upon the Premises and of any breakage or defects in the Building to Landlord. Upon Tenant’s vacation of window glass, wiring or plumbing, heating, ventilating or cooling or electrical apparatus or systems on or serving the Premises, . Tenant shall remove at the expiration or termination of this Lease or of Tenant's right of possession, also have had removed from the Premises all portable furniture, trade fixtures, machinery, equipment, signs office equipment and all other items of personal Tenant's property (unless prohibited from doing including, without limitation, the items Tenant is required to remove pursuant to subparagraph 8(c) hereof) so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal again have and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of repossess the Premises. If Tenant fails All such items not removed from the Premises at such expiration or termination, shall conclusively be deemed to remove any items that Tenant has an obligation to remove under this Section when required have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant or otherwise, any other party with an interest in such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereoftherefor. Tenant waives shall pay Landlord all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or expenses incurred in connection with the disposition of such Alterations property, and if Landlord shall choose to store any such items, Landlord shall have no liability for the safekeeping thereof and such items may not be retrieved by Tenant or personal any other person except upon payment of such charges as may be imposed for the removal and storage. Tenant shall comply with all laws, rules, orders, ordinances and regulations at any time issued or in force by any lawful authority, applicable to the specific use of the Premises being made by Tenant or any other occupant (as opposed to a use of the Premises being made in general by all office tenants in the Building). Subject to paragraph 10(e), Tenant shall, upon demand, pay to Landlord the amount of any damages suffered or incurred by Landlord as a result of any injury to any part of the Property other than the Premises, done by Tenant or any subtenant or any agent, employee, contractor or invitee of Tenant or any subtenant, including, without limitation, damage done by the bringing or removal of furniture and other property. Tenant shall be liable forthwith repair all damage done to the Premises by installation or removal of furniture and property by Tenant or any subtenant or by any agent, employee, contractor or invitee of Tenant or of any subtenant or, if Landlord shall so request, pay to Landlord for Landlord’s costs of removing, storing and disposing the cost of such itemsrepair. Tenant shall not do or commit, or suffer or permit to be done or committed, any act or thing as a result of which any policy of insurance of any kind on or in connection with the Property shall become void or suspended, or any insurance risk on or in connection with the Building or any other portion of the Property shall (in the opinion of the insurer or any insurance organization) be rendered more hazardous or require payment of a greater premium; without limitation of any other rights and remedies of Landlord, Tenant shall pay as Additional Rent the amount of any increase of premiums for such insurance, resulting from any breach of this provision. Tenant shall leave the Premises in a reasonably tidy condition on all days upon which janitorial services are to be provided by Landlord. Landlord shall, at Landlord's expense, replace any glass broken in the Premises windows in the exterior walls of the Building, unless such glass is broken by Tenant, its servants, employees, agents, invitees, licensees or contractors, in which case Tenant shall, upon demand, pay the cost of replacement by Landlord. Tenant shall replace and pay for any other glass broken in or about the Premises.

Condition of Premises. Upon (1) Tenant shall at all times during the Lease Term take good care of and keep the Leased Premises and the improvements, fixtures, equipment and appurtenances therein structural or non-structural (including, but not limited to, interior and exterior walls and windows, interior and exterior doors, pipes, plumbing, water and sewer connections, heating and air conditioning equipment and machinery, electrical works, in good order and condition, free of debris, and, at Tenant's sole cost and expense, shall make all necessary repairs thereto, which repairs shall be in quality and class at least equal to the original work. Tenant shall not commit or suffer any waste of the Leased Premises and will assume responsibility for all maintenance and repair, regardless of the nature, pertaining to the heating and/or air conditioning equipment. Tenant shall install, operate and maintain, at its expense, HVAC related equipment which may be located adjacent to the Building as permitted by governmental authority, laws and regulations. The location of this equipment is subject to Landlord's prior consent and Landlord retains the right to require Tenant to make modifications to same for aesthetic and/or environmental reasons at Tenant's expense. At the expiration of the Lease Term, or earlier at the sooner termination of this Lease as herein provided, Tenant shall deliver up the Leased Premises in the same good order and condition, reasonable wear and tear excepted, as at the beginning of the tenancy, broom clean and (subject to the provisions of the preceding Section hereof) Tenant shall remove all of its property and/or property maintained and/or stored for or on the account of others therefrom prior to such termination. Any items of Tenant's personality remaining in the Leased Premises after the termination of the Lease shall be deemed abandoned by Tenant and become the sole property of Landlord. Notwithstanding the foregoing, any costs incurred by Landlord in storing and/or disposing of such abandoned property shall remain the sole obligation of Tenant, which obligation shall survive the termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon Lessee acknowledges receipt of the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom premises in a clean condition and in good condition order and repair, without exception, except for ordinary wear such deficiencies as Lessee sets forth in a written list of deficiencies supplied by Lessee to Lessor within 3 days of the commencement of tenancy. This requirement is intended to protect Lessee against erroneous charges. Lessee acknowledges receipt of an Inventory and tear that Tenant Condition Report to be completed and returned to Lessor to be used for such purpose. Lessee shall: (a) keep the premises in a clean and sanitary condition; (b) dispose of all rubbish, garbage and waste in a clean and sanitary manner; (c) properly use and operate all electrical, gas and plumbing fixtures and keep the same in a clean condition; (d) not permit any person, in or about the premises with Lessee’s consent, to deface, damage or remove any part of the structure in which the premises are located nor the facilities, equipment or appurtenances thereto or thereon, nor himself to do any such thing; (e) occupy and use the premises in the manner in which they are designated and intended to be occupied and used. Lessee shall be liable for the expense of any repair caused by Lessee’s failure to comply with conditions. Lessee shall not alter the premises nor wallpaper any portion thereof, nor repair any damage thereto, except with Lessor’s written consent before or after an initial inspection on termination per Civil Code Section 1950(b). Lessee is not otherwise obligated to remedy under do any repair-of-damage work or cleaning only through licensed, insured professionals approved in advance by Lessor in writing and to provide Lessor with releases from such individuals evidencing full payment for any such repair or cleaning work, Lessee shall not install or use any dishwasher, clothes washer, clothes dryer or air conditioner in or about the provisions of this Leasepremises except those which may be supplied by Lessor. Tenant shall deliver MOLD FREE: On moving in, Lessee will carefully inspect the premises, particularly the bathroom and all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of window tracks throughout the Premises, Tenant for mold. If mold is found, LESSEE will report it to the Lessor within 3 days of taking occupancy by way of providing Lessor with a written maintenance request form. Lessor shall remove all portable respond to same with reasonable promptness. If mold is not so reported, it shall be conclusively presumed that the Premises were delivered to Lessee mold free. Lessee understands that any growth of mold is primarily due to conditions over which Lessee, not Lessor, has control, namely moisture and ventilation. Lessee agrees to (1) Wipe down shower interiors and fixtures following each use, (2) “Crack” the bathroom window during or immediately following showering, so as to ventilate steam/moisture, and (3) If there is a fan in the bathroom, run it while showering. Any amenities that do not affect the habitability of the Premises such as swimming pools, barbeque areas, and patio or picnic furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether may be reduced or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made removed at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to Lessor’s sole discretion and the Premises caused by such reduction or removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant amenity shall be liable to Landlord for Landlord’s costs not constitute a material breach of removing, storing and disposing of such itemsthis Lease Agreement.

Condition of Premises. Upon the expiration or earlier termination of Tenant acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Building or the Project or their condition, or with respect to the suitability thereof for the conduct of Tenant's business and Tenant shall surrender accept the Premises in their as-is condition. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises were at such time complete and in good, sanitary and satisfactory condition and repair without any obligation on Landlord's part to make any alterations, upgrades or improvements thereto. Notwithstanding the foregoing, Landlord warrants that the Building, the parking areas and any existing improvements in the Premises comply with all applicable laws, covenants or restrictions of record, building codes, regulations and ordinances including but not limited to the Americans with Disabilities Act of 1990 ("APPLICABLE REQUIREMENTS") in effect and as interpreted on the date Landlord delivers possession of the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant pursuant to Section 1.7 of the Summary. Said warranty does not apply to the use to which Tenant will put the Premises or to any alterations made or to be made by Tenant. Tenant is responsible for determining whether or not otherwise obligated to remedy under the provisions of this Leasezoning is appropriate for Tenant's intended use. Tenant shall deliver all keys to If the Premises do not comply with said warranty, Landlord shall, as Tenant's sole remedy and promptly after receipt of written notice from Tenant setting forth with specificity the Building to nature and extent of such non-compliance, rectify the same at Landlord. Upon Tenant’s vacation 's sole cost and expense; provided, however, if Tenant does not give Landlord written notice of a non-compliance with this warranty within thirty (30) days following the date Landlord delivers possession of the Premises, correction of that non-compliance shall be the obligation of Tenant shall remove all portable furnitureat Tenant's sole cost and expense. In addition, trade fixtures, machinery, equipment, signs Landlord warrants that the existing electrical and other items of personal property (unless prohibited from doing so under Section 20.2), mechanical systems and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to equipment in the Premises caused by such removal and shall restore be in good operating condition on the date Landlord delivers possession of the Premises to its prior conditionTenant pursuant to Section 1.7 of the Summary. If the Premises do not comply with said warranty, all Landlord shall, as Tenant's sole remedy and promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, rectify the same at Tenant’s Landlord's sole cost and expense. Such repairs shall be performed in ; provided, however, if Tenant does not give Landlord written notice of a manner satisfactory to non-compliance with this warranty within thirty (30) days following the date Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning delivers possession of the Premises. If Tenant fails to remove any items , correction of that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant non-compliance shall be liable to Landlord for Landlord’s costs the obligation of removing, storing Tenant at Tenant's sole cost and disposing of such itemsexpense.

Condition of Premises. Upon Tenant hereby agrees that except as expressly provided in the expiration Tenant Work Letter attached hereto as Exhibit “D” and made a part hereof the Premises shall be taken “as is”, “with all faults”, “without any representations or earlier termination warranties”, and Tenant hereby agrees and warrants that it has investigated and inspected the condition of the Premises and the suitability of same for Tenant’s purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Project or the suitability of same for Tenant’s purposes, subject to Landlord’s repair obligations under this Lease. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant’s business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises and the Project in its decision to enter into this Lease and let the Premises in the above-described condition. Nothing contained herein is intended to, nor shall, obligate Landlord to implement sustainability practices for the Project or to seek certification under, or make modifications in order to obtain, a certification from LEED or any other comparable certification. The Premises shall be initially improved as provided in, and subject to, the Tenant Work Letter attached hereto as Exhibit “D” and made a part hereof. The existing leasehold improvements in the Premises as of the date of this Lease, together with the Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the “Tenant Improvements.” The taking of possession of the Premises by Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear conclusively establish that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Project were at such time in satisfactory condition except for items of Landlord. Upon Tenant’s vacation Work which Tenant gives Landlord notice within thirty (30) days of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs completion thereof and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to removeexcept for latent defects. Tenant shall repair all damage to the Premises caused by such removal hereby waives subsection 1 of Section 1932 and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord Sections 1941 and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning 1942 of the Premises. If Tenant fails to remove Civil Code of California or any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property successor provision of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemslaw.

Condition of Premises. Upon Tenant hereby acknowledges that Tenant is currently in possession of the expiration Original Premises and the Expansion Premises and that neither Landlord nor any agent of Landlord has made any representation or earlier termination warranty regarding the condition of this the Original Premises, the Expansion Premises, the Buildings or the Project, or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business. Except for the Tenant Improvement Allowance described below, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Original Premises or the Expansion Premises, and Tenant shall (i) continue to accept the Original Premises in its presently existing, “as-is” condition and (ii) accept the Expansion Premises on the Expansion Premises Commencement Date in its then existing, “as-is” condition. Tenant hereby acknowledges and agrees that any improvements, alterations, additions or changes to the Original Premises or the Expansion Premises, including the Tenant Improvements, as defined hereinbelow, shall be completed pursuant to the terms and conditions of Article 8 of the Lease. Notwithstanding anything to the foregoing, Tenant shall surrender be entitled to a one-time tenant improvement allowance (the Premises “Tenant Improvement Allowance”), in the amount of One Hundred Eighty One Thousand Four Hundred Ninety Two and No/100 Dollars ($181,492.00), for the hard and soft costs relating to Landlord, broom clean the remodeling and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions construction of this Lease. Tenant shall deliver all keys Tenant’s improvements which are permanently affixed to the Premises and (the Building to Landlord“Tenant Improvements”). Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items agrees that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose apply the Tenant Improvement Allowance to (i) Tenant’s intended upgrade of the same restrooms located in the Original Premises, (ii) Tenant Improvements constructed by Tenant in the Expansion Premises after the Expansion Premises Commencement Date and/or (iii) Tenant Improvements constructed by Tenant in the Expansion Premises between April 30, 2012 and the Expansion Premises Commencement Date (any mannersuch Tenant Improvements, without the “Pre-Term Tenant Improvements”), provided, however, that any obligation Pre-Term Tenant Improvements shall be completed pursuant to account the terms and conditions of the 500/510 Sublease and the Master Lease (including Article 8 thereof) and not Article 8 of the Lease (the 500/510 Sublease and the Master Lease or the Lease, as applicable, hereinafter referred to Tenant for as the proceeds thereof“governing documents”). Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. acknowledges and agrees that Tenant shall be liable construct any Tenant Improvements in accordance with the applicable governing documents, at its sole cost. Upon completion of any such Tenant Improvements, upon request by Tenant and Tenant’s full compliance with all the requirements relating to such Tenant Improvements set forth in the applicable governing documents, Landlord shall apply the Tenant Improvement Allowance first, to amounts due to Landlord for (as expressly described in Section 8.3 of either the Lease or the Master Lease, as applicable, and subject to the limitations set out therein) and reasonable, actual, out-of-pocket costs and expenses actually incurred by Landlord related thereto (as expressly described in Section 8.3 of either the Lease or the Master Lease, as applicable, and subject to the limitations set out therein) or second, to reimburse amounts paid by Tenant directly to its contractors in compliance with the requirements set forth in Article 8 of the Lease or the Master Lease, as applicable. In no event shall Landlord be obligated to make disbursements pursuant to this Section 8 in a total amount which exceeds the Tenant Improvement Allowance. In the event that the Tenant Improvement Allowance is not fully disbursed by Landlord to, or on behalf of, Tenant on or before November 30, 2013, then such unused amounts shall revert to Landlord’s costs of removing, storing and disposing of such itemsTenant shall have no further rights with respect thereto.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s 's vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s 's consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s 's expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s 's option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s 's retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s 's costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination The Tenant’s taking possession of this Lease, Tenant shall surrender any portion of the Premises to Landlord, broom clean and shall be conclusive evidence that such portion of the Premises was in good order and satisfactory condition and repairwhen the Tenant took possession, except for ordinary wear as to latent defects and tear that defects (other than items of damage caused by Tenant is not otherwise obligated or its agents, independent contractors or suppliers) contained on a punchlist to remedy under the provisions of this Lease. be prepared and signed by Landlord and Tenant shall deliver all keys prior to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning taking possession of the Premises. If Tenant Landlord shall complete or repair such punchlist items within thirty (30) days or such longer period as is reasonable under the circumstances, such as in the case of long lead time items ordered at Tenant’s request and other work affected by long lead time items. In the event Landlord fails to remove any so complete or repair punchlist items that within the time allowed hereunder, Tenant may give written notice to Landlord of such failure, and if Landlord has an obligation not remedied such failure within ten (10) days, Tenant may complete or repair such punchlist items on behalf of and at the expense of Landlord. Reimbursement for costs incurred by Tenant in performing Landlord’s obligations as aforesaid shall be due from Landlord upon demand, and shall bear interest at the rate of interest provided for in paragraph 30B from the date of demand for reimbursement until reimbursement is made. Any claim for amounts due to remove Tenant under this Section when required Article may be prosecuted in an action against Landlord, but claims or judgments for such amounts may not be set off against amounts due from Tenant under this Lease. No promise of the Landlord to alter, remodel or improve the Premises or the Building and no representation by Landlord or otherwiseits agents respecting the condition of the Premises or the Building have been made to Tenant or relied upon by Tenant other than as may be contained in the Work Letter, such items shall, at Landlord’s option, become the property of this Lease or in any written amendment hereto signed by Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsTenant.

Condition of Premises. Upon After the expiration Expiration Date or earlier termination of this Lease, Tenant shall surrender or the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions termination of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises in a safe, “broom clean,” neat, sanitary, and operational condition with all improvements and alterations as set forth in Section 6.4 located thereon in good repair and condition, subject to the exclusions set forth in Section 6.4, and with the HVAC System, lights and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord the Premises with steam cleaned carpets and with concrete floors in the warehouse and manufacturing areas which have been sealed, (3) deliver to Landlord all keys and parking and access cards to the Premises, and (4) remove all portable signage placed on the Premises, the Building, or the Land by or at Tenant’s request. All fixtures, alterations, additions and improvements (whether temporary or permanent) shall be Landlord’s property and shall remain on the Premises, except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, trade fixtures, machinery, equipment, signs fixtures and other property as Landlord may request, provided such request is made within forty-five (45) days after the Expiration Date or earlier termination of this Lease. All items not so removed shall, at the sole option of personal property Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items, and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 17 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws (unless prohibited from doing so under Section 20.2defined below), and shall remove any Alterations (whether so as not to damage the Building or not made unreasonably interfere with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to removeother tenants’ use of their premises. Tenant shall shall, at its expense, repair all damage to the Premises caused by such removal and any work performed by Tenant under this Section 17, provided that in the case of alterations or improvements that Tenant is required to remove, Tenant shall restore the Premises to its the condition existing prior conditionto the installation of such alterations, all at Tenant’s expense. Such repairs shall be performed subject to the exclusions set forth in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the PremisesSection 6.4. If Tenant fails to remove any items that Tenant has an obligation to remove perform work under this Section when required 17, Tenant shall pay all costs incurred by Landlord or otherwise, in performing such items shall, at work within ten (10) after Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds request thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord Buyer shall have the right to remove inspect the property during the period from the date of submission of a proposal to the Township to sell the property up to the date of possession, at all reasonable times. Prior to closing, Buyer may, at its expense, have the premises inspected, and retain any necessary tests performed (including, but not limited to, asbestos testing), prior to the closing date. Should any inspection reveal defects or dispose necessary repairs, Seller may or may not agree to pay the costs of repairing said defects, and if repairs are not completed prior to closing, sufficient funds shall be escrowed at time of closing to effect said repairs. In the alternative, Seller may offer Buyer a credit against the purchase price in the amount of necessary repairs. If Buyer and Seller are unable to agree upon performance of repairs by seller, or the amount of a credit due to Buyer for repairs, Buyer may terminate this contract and shall be released from all legal obligations to Seller or may accept the real estate in its present condition. Prior to closing, and at Seller’s expense, the Buyer shall have the right to have the property inspected by a licensed exterminating company to determine whether there are any active termite infestations or organisms present in the property or on any improvements on said property, or any damage from prior termite infestation or organisms to said property or improvements. If there is any such infestation or damage, the Seller shall pay all costs of the treatment and repair of the areas that are infested or have been damaged provided that the total cost does not exceed $2,000.00. In the event that the total cost exceeds $2,000.00, Seller or buyer may notify the other party that it wishes to cancel this contract. At the time of closing, Buyer acknowledges that it has inspected the real estate and the improvements thereon, and Buyer is acquainted with the condition thereof and that it accepts the same as of the date of execution of this Contract in "as-is" condition, except that Seller warrants the plumbing, heating, electrical and air conditioning systems, septic sewer and water systems, and built-in appliances to be in normal working condition on date of possession. Seller expressly warrants that Seller has received no notice from any manner, without City or other governmental authority regarding any obligation to account to Tenant for violations of any health or safety code affecting the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemspremises.

Condition of Premises. Upon the expiration or earlier termination of Except as expressly set forth in this Lease, Tenant Landlord shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise be obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys provide or pay for any improvement, remodeling or refurbishment work or services related to the Premises and the Building to Landlord. Upon Tenant’s vacation improvement, remodeling or refurbishment of the Premises, and Tenant shall remove all portable furnitureaccept the Premises in its “As Is” condition on the Commencement Date and without representation or warranty by Landlord as to the condition of the Premises or the Building or as to the use or occupancy which may be made thereof. Notwithstanding the foregoing provisions of this Section 1.2 to the contrary, trade fixturessubject to any Tenant Damage (as defined below) and the obligations of Tenant under this Lease, machineryLandlord shall warrant that the structural portions and roof (including the roof membrane) and the HVAC, equipmentelectrical and plumbing equipment and systems (collectively, signs and other items the “Base Building”) shall be in good working condition for a period of personal property forty-five (unless prohibited from doing so under Section 20.245) days after the Delivery Date, as defined below (the “Warranty Period”), and Landlord shall remove be responsible for the repair and replacement, if required, of the structural portions and roof (including the roof membrane) and any Alterations other elements of the Base Building, as necessary within the Warranty Period (whether or not made with “Landlord’s consentWarranty”), provided that the need to repair or replace was not the result of Tenant’s failure to perform any maintenance or repairs required to be performed by Tenant in the manner required pursuant to the terms of the Lease, or by the misuse, modification, Alterations, damage, destruction, omissions, and/or negligence (collectively, “Tenant Damage”) that Landlord may (at of Tenant or its employees, agents, contractors or invitees or by acts of God, strikes, war and other events beyond Landlord’s electionreasonable control. The foregoing shall not be deemed to require Landlord to replace any of the warranted components, made at as opposed to repairing such component of the time such Alterations were installedBase Building or the structural portions and roof (including the roof membrane) require of the Building(s). To the extent repairs which Landlord is required to make pursuant to this Section 1.2 are necessitated in part by Tenant to remove. Damage, then Tenant shall reimburse Landlord for the proportionate cost of such repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at extent Tenant’s expenseDamage was responsible for the need to repair any warranted. Such repairs If it is determined that any component of the Base Building is not in good working condition and repair during the Warranty Period, Landlord shall not be performed in a manner satisfactory liable to Landlord and shall includeTenant for any damages, but are not limited toas Tenant’s sole remedy, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shallLandlord, at Landlord’s optionno cost to Tenant, become the property of Landlord and Landlord shall have the right perform such work or take such other action as may be necessary to remove and retain or dispose of place the same in any mannergood working condition and repair. Notwithstanding the foregoing or anything else in this Lease to the contrary, without any obligation to account to Tenant for Landlord makes no representation or warranties concerning the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlordworking order of the previous tenant’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing refrigeration and disposing of such itemsother restaurant equipment remaining in the Building.

Condition of Premises. Upon the expiration or earlier termination of this LeaseExcept as set forth otherwise on Exhibit C attached hereto, Tenant shall surrender the Premises to Landlord, broom clean acknowledges and in good condition and repair, except for ordinary wear and tear agrees that Tenant is not otherwise obligated to remedy Landlord has no obligation under the provisions of this Lease. Lease to make any improvements to or perform any work in the Current Premises or the Additional Premises, or provide any improvement allowance, and Tenant shall deliver all keys to accepts the Current Premises and the Building Additional Premises in their current “AS IS” condition. Neither Landlord, nor anyone acting on Landlord’s behalf, has made any representation, warranty, estimation, or promise of any kind or nature whatsoever relating to the physical condition or suitability, including without limitation, the fitness for Tenant’s intended use, of the Additional Premises. Tenant acknowledges that the Leasehold Improvements (as defined in Exhibit C) will be completed while Tenant is occupying the Current Premises, and may interfere with or disrupt Tenant’s business or otherwise inconvenience Tenant. Landlord’s completion of the Leasehold Improvements during Tenant’s occupancy of the Current Premises will not be considered a breach of Tenant’s rights under the Lease. Landlord will use commercially reasonable efforts to minimize any disruption or inconvenience to Tenant, provided Tenant will reasonably cooperate with Landlord with respect to the Leasehold Improvements, including without limitation packing loose and personal contents and moving Tenant’s electronic equipment as reasonably directed by Landlord. Upon Tenant’s vacation of Landlord will provide Tenant with a schedule for completing the PremisesLeasehold Improvements, after which Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage will provide access to the Premises caused by such removal and shall restore the Current Premises to its prior condition, all at Landlord without Landlord having to provide any further notice to Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon Within ten (10) days after the expiration or earlier termination of this Leasecommencement date, Tenant shall surrender conduct a walk-through inspection of the Premises to Landlord, broom clean with Landlord and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions complete a Punch-List of this Lease. Tenant shall deliver all keys to the Premises and the Building to Items needing additional work by Landlord. Upon Tenant’s vacation Other than the items specified in the Punch-List, by taking possession of the Premises, Tenant shall remove be deemed to have accepted the Premises in good, clean and completed condition and repair, subject to all portable furnitureapplicable laws, trade fixtures, machinery, equipment, signs codes and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant ordinances. The Punch-List to remove. be prepared by Tenant shall repair all not include any damage to the Premises caused by such removal and Tenant's move-in, which damage shall restore be repaired or corrected by Tenant, at its expense. Tenant acknowledges that neither Landlord nor its Agents have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of business or for any other purpose, nor has Landlord or its Agents agreed to its prior condition, all at Tenant’s expense. Such repairs shall be performed undertake any Alterations or construct any Tenant Improvements to the Premises except as expressly provided in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premisesthis Lease. If Tenant fails to remove any submit a Punch-List to Landlord within such ten (10) day period, it shall be deemed that there are no items that needing additional work or repair. Landlord's contractor shall complete all reasonable Punch-List Items, within thirty (30) days after the walk-through inspection or as soon as practicable thereafter. Upon completion of such Punch-List Items, Tenant has an obligation shall approve such completed items in writing to remove under this Section when required by Landlord or otherwiseLandlord. If Tenant fails to approve such items within seven (7) days of completion, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsdeemed approved by Tenant.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repairacknowledges that, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions as expressly provided in this Lease (including Section 12.11), neither Landlord nor any agent of this Lease. Tenant shall deliver all keys Landlord has made any representation or warranty with respect to the Premises and the Building to Landlord. Upon Tenant’s vacation condition of the Premises, the Building or the Project, or with respect to the suitability of the Premises, the Building or the Project for the conduct of Tenant’s business. Tenant acknowledges that (a) it is fully familiar with the condition of the Premises and agrees to take the same in its condition “as is” as of the Term Commencement Date (subject to Landlord’s obligations to complete punch list work) and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant’s occupancy or to pay for or construct any improvements to the Premises, except with respect to (i) the Tenant Improvements and (ii) Landlord’s maintenance obligations under Section 18.1. Tenant’s taking of possession of the Premises shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair. Without limiting the foregoing, in the event of a defect in the Tenant Improvements, Landlord will endeavor to pursue any warranty rights it has, that have not been assigned to Tenant, with respect to such defect. Landlord shall warrant all mechanical, electrical and plumbing systems newly installed as part of the Tenant Improvements (as detailed on Exhibit B attached hereto) serving the Premises as of the Term Commencement Date for the first year of the Term. Tenant shall remove all portable furnituregive notice to Landlord whenever any such defect becomes reasonably apparent and, trade fixturesif Landlord receives such notice within the first year of the Term, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and Landlord shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (repair such defect as soon as practicable at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal sole cost and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord expense and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has as an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsOperating Expense.

Condition of Premises. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall shall, subject to the provisions of Paragraph 21, quit and surrender possession of the Premises to Landlord, broom clean and Landlord in good condition order and repaircondition, except for ordinary reasonable wear and tear that Tenant is not otherwise obligated to remedy under tear, damage caused by Casualty and Taking, and repairs which are specifically made the provisions responsibility of this LeaseLandlord hereunder excepted. Tenant shall deliver all keys to Without limiting the Premises and generality of the Building to Landlord. Upon Tenant’s vacation foregoing, upon surrender of the Premises, Tenant shall remove all portable furnitureshall, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s sole cost and expense. Such repairs shall , have performed (or caused to be performed in a manner satisfactory performed) the following to Landlord and shall includeLandlord’s reasonable satisfaction: (a) all of Tenant’s Repair Obligations pursuant to Paragraph 9.1 above, but are not limited toincluding, without limitation, the following: capping repair of all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning interior walls of the Premises, if damaged, and (b) all carpets shall be shampooed and cleaned, and all floors cleaned waxed; and Tenant shall have caused to be performed, at Tenant’s sole cost and expense, all such Building Systems, including all HVAC equipment, to be audited (with a copy to Landlord), serviced and placed in good order and condition by Tenant’s HVAC Contractor (as defined in Paragraph 9.1(b) above), reasonable wear and tear, damage caused by Casualty and Taking and repairs which are specifically made the responsibility of Landlord hereunder excepted. If Tenant fails to remove any items that Tenant has an obligation surrender possession of the Premises to remove under Landlord in accordance with this Section when required by Landlord or otherwiseParagraph 21.2, such items shallthen, at in addition to all of Landlord’s optionother rights and remedies, become Landlord may, but need not, perform the property of required repairs, replacements and other work in and to the Premises, and Tenant shall pay Landlord and Landlord shall have the right to remove and retain or dispose cost thereof, including a percentage of the same in any manner, without any obligation cost thereof (to account to Tenant be uniformly established for the proceeds thereof. Tenant waives all claims against Project) sufficient to reimburse Landlord for any damages to Tenant resulting all overhead, general conditions, fees and other costs or expenses arising from Landlord’s retention or disposition involvement with such work, within ten (10) days after receipt of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsan invoice therefor.

Condition of Premises. Sublessee acknowledges that it has accepted the Premises “AS IS”, in the order and condition as the Premises are in on the date hereof; and that Sublessee shall accept the Premises in the condition that it is in as of the Commencement Date, broom clean, free of Sublessor's personal property and any Hazardous Materials, other than the personal property and equipment as shown on Exhibit C which will remain in place; provided that the office furniture and other personal property located within the laboratory portion of the Premises as of the Execution Date shall be removed by Sublessor prior to the Commencement Date (collectively, the “Delivery Condition”). Sublessee hereby agrees that Sublessor is under no obligation to perform any work upon or alteration to any part of the Premises for Sublessee’s use and occupancy thereof. Sublessor has provided Sublessee with a decommissioning report entitled “Laboratory Decommissioning Report for Fog Pharma, 100 Acorx Xxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxxxx, XX 00000”, xxxxxred by Triumvirate Environmental, dated March 18, 2020 with respect to the Premises (the “Triumvirate Report”). Sublessor represents and warrants that no Hazardous Materials have been used in the Premises since the date that Sublessor took possession of the Premises. Upon the expiration or earlier termination of this Leasethe Sublease Term, Tenant shall Sublessee will surrender and deliver the Premises to LandlordSublessor broom clean, broom clean free of Sublessee's personal property and trade fixtures and any Hazardous Materials brought onto the Premises by Sublessee and in good condition and repaircompliance with the requirements of Section 5.3(a) of the Prime Lease relating to the removal of Hazardous Materials (including, without limitation, the 5th sentence of such Section 5.3(a), except for ordinary that with respect to such sentence, the phrase “as of the date of this Lease” shall mean “as of the Sublease Term Commencement Date”), and otherwise in its condition existing as of the Commencement Date (subject to any alterations which Sublessee installs and is permitted to leave in place pursuant to Section 7.1), reasonable wear and tear that Tenant is not otherwise obligated excepted. Additionally, upon expiration or earlier termination of the Sublease Term, Sublessee shall be required to remedy under deliver a report in substantially the provisions form of this Leasethe Triumvirate Report. Tenant shall deliver For clarity, all keys to of Sublessee's trade fixtures and equipment installed in the Premises by Sublessee will be and remain the Building property of Sublessee (and Sublessee shall be responsible to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove repair any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by following the removal of any such removal trade fixtures and equipment), and Sublessee shall restore have no liability for any Hazardous Materials which existed prior to the date Sublessee first occupies the Premises, including without limitation any use or occupancy of the Premises by Sublessee prior to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsSublease Term.

Condition of Premises. Upon Within five (5) business days after the expiration Shell Completion Date (as defined in the Work Letter Agreement), Landlord and Tenant will jointly conduct a walk-through inspection of the Shell (as defined in Paragraph 2 of the Work Letter Agreement) and will jointly prepare a punch-list ("PUNCH-LIST") of items required to be installed by Landlord in the Shell under the Work Letter Agreement which require finishing or earlier termination correction. The Punch-List will not include any items of damage caused by Tenant's move-in or early entry, which damage will be corrected or repaired at Tenant's expense. Other than latent defects of which Landlord is notified within one (1) year after the Commencement Date, Landlord's obligations under Paragraph 14 of this Lease, and the items specified in the Punch-List, and subject to the warranties of Landlord contained in this Lease and any other construction warranties, by taking possession of the Shell, Tenant will be deemed to have accepted the Shell in its condition on the Shell Completion Date, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use and occupancy of the Premises and to have acknowledged that there are no additional items needing work or repair by Landlord. Landlord will cause all items in the Punch-List to be repaired or corrected within thirty (30) days following the preparation of the Punch-List or as soon as practicable after the preparation of the Punch-List. Except as provided below, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Development or any portions thereof or with respect to the suitability of same for the conduct of Tenant's business. In addition to any express warranties of construction and equipment warranties provided in or pursuant to this Lease and the Work Letter Agreement, Landlord warrants, as of the Shell Completion Date, that (i) the Shell and Common Areas have been or will be developed and constructed in compliance with all applicable building codes, ordinances and laws, including but not limited to the Americans With Disabilities Act; (ii) the Development will have proper drainage and is not located in an area subject to special flood or other similar hazards as designated by the Federal Emergency Management Agency; and (iii) the use of the Premises for general office and support purposes as described in this Lease will be permitted by all applicable laws and ordinances. Notwithstanding any other provision of this Lease, Tenant shall surrender not be deemed to have accepted or be responsible for any latent defects in the Premises to Landlord, broom clean and Shell constructed by Landlord which are not discoverable in good condition and repair, except for the ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions course of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation occupancy of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property until sixty (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent60) that Landlord may (at Landlord’s election, made at days after the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning actual discovery of the Premisessame. If Tenant fails to remove In any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwiseevent, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have remain responsible therefor in accordance with the right to remove and retain or dispose terms of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsthis Lease.

Condition of Premises. Upon Sublandlord shall deliver the expiration Sublease Premises in its “As-Is” condition, professionally cleaned per standard industry practices. Sublandlord shall decontaminate and decommission (if required from radioactive isotope usage) the Sublease Premises as required by any related regulatory guidelines and industry practices and provide formal close out procedure records and documentation certifying that the premises are free of hazardous materials. With respect to any reports and studies regarding the decontamination, decommissioning and environmental testing, Sublandlord shall provide a letter from the person who prepared the report, study or earlier termination of this Leasetest allowing the Subtenant to rely thereon (subject to the terms and conditions set forth in the report or study or otherwise applicable thereto). All base building systems, Tenant installed equipment and trade fixtures servicing the Sublease Premises shall surrender the Premises to Landlord, broom clean and be in good condition repair and repairworking order, except for ordinary normal wear and tear excepted, and in a condition where maintenance contracts can be placed on them. Sublandlord acknowledges that Tenant is not otherwise obligated to remedy Subtenant will be utilizing select hazardous materials as further defined under the provisions of this Lease. Tenant Subtenant agrees that all hazardous materials will be generated and used in strict compliance with all applicable rules, regulations and ordinances and Subtenant shall deliver obtain, at Subtenant’s sole expense, all keys necessary permits. Sublandlord agrees to indemnify and hold Subtenant harmless for any contaminants introduced into the Building or site prior to the Premises Sublease Commencement Date. Subtenant agrees to indemnify and hold harmless Sublandlord harmless for any contaminants introduced into the Building or the site introduced by Subtenant after the Sublease Commencement Date, unless caused by the willful misconduct or gross negligence by Sublandlord. The Sublease Premises shall be broom-clean, free and clear of any furniture and equipment to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs be removed in accordance with Section 14 and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by premises resulting from such removal of furniture and shall restore equipment or vacation of the Sublease Premises to its prior condition, all at Tenant’s expense. Such repairs by the Sublandlord shall be performed in a manner satisfactory to Landlord repaired by the Sublandlord at its sole cost and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsexpense.

Condition of Premises. Upon At the termination of this Lease by lapse of --------------------- time or otherwise, or upon a termination of Tenant's right of possession without terminating this Lease, Tenant shall surrender possession of the Premises and all Tenant Improvements to Landlord and deliver all keys to the Premises to Landlord, and shall return the Premises and all equipment and fixtures of Landlord to Landlord In as good condition as when Tenant originally took possession, ordinary wear and tear, loss or damage by fire or other insured casualty, and damage resulting from the acts of Landlord or any of its employees and agents excepted, failing which Landlord may restore the Premises and such equipment and fixtures to such condition and Tenant shall pay the reasonable cost thereof to Landlord within ten (10) business days of receipt of Landlord's invoice thereof, which shall be delivered to Tenant with reasonable supporting documentation. All Alterations, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord's property, and unless Landlord requests their removal, shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise or upon a termination of Tenant's right to possess the Premises, without compensation to Tenant, excepting, however, Tenant's movable furniture, equipment and trade fixtures, provided that they may be removed without permanent structural damage to the Building. If Tenant does not remove such furniture, equipment and trade fixtures upon the expiration or earlier termination of this Lease, or upon the termination of Tenant's right to possess the Premises, at Landlord's election: (i) Tenant shall surrender be conclusively presumed to have conveyed the Premises same to Landlord under this Lease as a xxxx of sale without payment or credit by Landlord, broom clean or (ii) Tenant shall be conclusively presumed to have forever abandoned such property, and without accepting title thereto, Landlord may, at Tenant's expense, remove, store, destroy, discard or otherwise dispose of all or any part thereof without incurring liability to Tenant or to any other person, and Tenant shall pay Landlord upon demand the reasonable expenses incurred in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy taking such actions. Tenant's obligations under this Section 16.1 shall survive the provisions ------------ expiration or earlier termination of the Term of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation Notwithstanding any of the Premisesforegoing, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.required

Condition of Premises. Upon At the termination of this Lease by lapse of time or otherwise, or upon termination of Tenant’s right of possession without terminating this Lease, Tenant shall surrender possession of the Premises to Landlord and deliver all keys to the Premises to Landlord, and shall return the Premises and all equipment and fixtures of Landlord to Landlord in as good condition as when Tenant originally took possession, ordinary wear, loss or damage by fire or other casualty not the fault of Tenant or insured casualty and damage resulting from the act of Landlord or any other of its employees and agents or other tenants of the Property excepted, failing which Landlord may restore the Premises and such equipment and fixtures to such condition and Tenant shall pay the reasonable cost thereof to Landlord on demand. All Alterations, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord’s property, and unless Landlord requests their removal, shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise or upon a termination of Tenant’s right of possession, without compensation to Tenant, excepting, however, Tenant’s movable office furniture, trade fixtures, office equipment and special lighting fixtures, provided that they may be removed without permanent structural damage to the Building. If Tenant does not remove such property upon the expiration or earlier termination of this Lease, Tenant shall surrender or upon the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions termination of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation right of the Premisespossession, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. election Tenant shall repair all damage be conclusively presumed to the Premises caused by have forever abandoned such removal property, and shall restore the Premises to its prior conditionwithout accepting title thereto, all Landlord may, at Tenant’s expense. Such repairs shall be performed in a manner satisfactory , remove, store, destroy, discard or otherwise dispose of all or any part thereof without incurring liability to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tilesTenant or to any other person, and thorough cleaning of Tenant shall pay Landlord upon demand the Premisesexpenses incurred in taking such actions. If Tenant fails to remove any items that Tenant has an obligation to remove Tenant’s obligations under this Section when required by Landlord 17.1 shall survive the expiration or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose earlier termination of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from LandlordTerm or a termination of Tenant’s retention or disposition right of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemspossession.

Condition of Premises. Upon Landlord has made no representations respecting the expiration or earlier termination condition of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repairor the Building, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of as specifically set forth in this Lease. Landlord represents to Tenant shall deliver all keys to that on the Effective Date, (i) the existing restrooms at the Premises and the path of travel requirements for the Building to Landlordand from the Premises are in compliance with ADA Requirements, and (ii) the Premises (including the systems servicing the Premises) are in good working order and repair. Upon In the event of any breach of any of the foregoing warranty, as Tenant’s vacation sole remedy, Landlord shall promptly rectify the same at its sole cost and expense. The foregoing warranty by Landlord is only effective prior to the commencement of any Tenant Improvement Work and Tenant shall have the sole obligation regarding ADA Requirements compliance respecting the Premises and Building due to the Tenant Improvement Work, subject to Landlord’s payment to Tenant of up to a maximum of Twenty-Five Thousand Dollars ($25,000) in addition to Tenant Improvement Allowance (as hereinafter defined), if and only if, additional ADA compliance work is required by the City and County of San Francisco to the existing restrooms at the Premises, or path of travel requirements for the Building to and from the Premises, due to the Tenant Improvement Work. Tenant shall use its best efforts to avoid triggering additional ADA compliance work to the existing bathrooms at the Premises or related path of travel requirements for the Building due to its Tenant Improvement Work. For avoidance of doubt, Tenant shall have no right to re-measure the Rentable Area of the Premises, Tenant shall remove all portable furniturewhich is stated in Section 1, trade fixtures, machinery, equipment, signs for the purpose of recalculating the Base Rent and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with LandlordTenant’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to removePercentage Share. Tenant shall repair all damage acknowledges and agrees that Tenant has fully satisfied itself as to such calculations. Subject to the Premises caused by such removal and foregoing, Landlord shall restore deliver the Premises to Tenant broom clean and free of debris and otherwise in its prior “AS-IS” condition, which is hereby approved by Tenant. Tenant is responsible for the installation and maintenance of all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, Cable serving the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tilesPremises, and thorough cleaning any other desired improvements, subject to Section 8 (Alterations) and Exhibit B, and Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate, or paint the Premises or any part of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwisethem, such items shall, at other than Landlord’s option, become the property obligations of Landlord maintenance and Landlord shall have the right repair pursuant to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsthis Lease.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building building of which the Premises are a part to Landlord. Upon Tenant’s 's vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so the same under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s 's consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s 's expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwisewithin ten (10) business days of Tenant's receipt of Landlord's request to dispose of said property, such items shall, at Landlord’s 's option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s 's retention or disposition of such Alterations or of personal property. Tenant shall be liable to Landlord for Landlord’s 's costs of removing, storing and disposing of such items.

Condition of Premises. Upon The Premises shall be delivered to Tenant on the expiration Commencement Date broom clean, free of the prior occupant, InfraReDx, and in “as-is” condition. Tenant acknowledges and agrees that neither Landlord nor any of Landlord’s agents have made any representations or earlier termination of this Leasewarranties with respect to the Premises, Tenant shall surrender and Landlord has no obligation to perform any work, or make any alterations, additions or improvements to the Premises to Landlord, broom clean prepare the Premises for Tenant’s use and in good condition and repairoccupancy, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant shall cause to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shallperformed, at Landlord’s optionexpense, become certain upgrades to the property Premises as described in Exhibit C attached hereto and incorporated herein and substantially in accordance with Exhibit C-1 (“Interior Upgrade Work”). Additionally, Landlord, at its expense, shall (a) upgrade the façade at the east side of the Building, substantially in accordance with the rendering attached hereto as Exhibit C-2 and (b) replace the existing windows on the North and South sides of the Building with new windows (a one-for-one swap) (all such work being the “Exterior Building Upgrades”). Landlord is required to make certain interior structural upgrades to the Building, including the addition of associated bracings and footings, as part of the Exterior Building Upgrades. In connection with this structural work, Landlord shall have the right to remove and retain or dispose change the layout of the same Premises and perform demolition work to the interior of the Premises as appropriate based on recommendations of Landlord’s engineers and contractors. In that event, Landlord shall, at its sole expense, make all necessary repairs to the Premises following the demolition work to deliver the Premises in any good and functional condition. The Interior Upgrade Work and the Exterior Building Upgrades are collectively referred to herein as “Landlord’s Work.” Landlord’s Work shall be performed, at Landlord’s expense, in good and workmanlike manner, without any obligation to account to Tenant using building standard materials and in accordance with building standards. Landlord shall be solely responsible for the proceeds thereof. Tenant waives obtaining all claims against Landlord for any damages to Tenant resulting from licenses and permits necessary in connection with Landlord’s retention or disposition Work. Tenant’s occupancy of such Alterations or personal property. Tenant any part of the Premises shall be liable conclusive evidence, that Tenant has accepted possession of the Premises in its then current condition, and that at the time such possession was taken, the Premises were in a good and satisfactory condition as required by this Lease. Landlord shall use diligence to Landlord for cause the Landlord’s costs Work to be Substantially Completed by the Anticipated Delivery Date, subject to the provisions of removingSection 10.5 hereof, storing and disposing any delays caused by the action or inaction of such itemsTenant.

Condition of Premises. Upon No agreement of Landlord to alter, remodel, decorate, clean or improve the expiration Premises or earlier termination the Building and no representation or warranty regarding the condition of the Premises or the Building or regarding any other matter of any kind or nature has been made by or on behalf of Landlord to Tenant under or by reason of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repairFirst Amendment, except that Landlord agrees to provide Tenant with a tenant improvement allowance (the "Allowance") to reimburse Tenant for ordinary wear and tear that the actual documented, out-of-pocket costs hereafter paid by Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys for permanent leasehold improvements to the Premises and for furniture moving costs to, from and within the Building to Landlord. Upon Tenant’s vacation Premises, but in no event shall the Allowance exceed $139,205 (i.e. $5.00 per rentable square foot of the Premises). The Allowance shall be disbursed in no more than three (3) installments to Tenant, Tenant shall remove all portable furnitureeach such installment to be paid within thirty (30) days after Landlord's receipt of a written draw request therefor from Tenant, trade fixtures, machinery, equipment, signs and other items of personal property together with interim or final lien waivers (unless prohibited from doing so under Section 20.2as appropriate), owner (tenant) affidavits and shall remove any Alterations (whether sworn contractor statements, from Tenant and from all contractors, subcontractors and suppliers performing lienable work or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage services to the Premises caused in connection with such draw request and which evidence the completion of all work and/or services for which Tenant seeks reimbursement from the Allowance. Notwithstanding anything herein to the contrary, with respect to any work being performed by such removal Landlord, its agent or contractors: (a) Tenant shall not be required to comply with the requirements of Article 10 of the Lease; and (b) Tenant shall not be required to obtain the lien waivers and/or affidavits and statements referred to above. Any portion of the Allowance not properly drawn by Tenant on or before February 1, 2001 shall be deemed waived by Tenant and shall restore not be paid to Tenant or credited against Rent. All work to be performed in or to the Premises to its prior condition, all at Tenant’s expense. Such repairs by or on behalf of Tenant shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning accordance with Article 10 of the Premises. If Tenant fails Lease, as amended pursuant to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsParagraph 10(f) below.

Condition of Premises. Upon The Current Premises and the expiration or earlier termination of this LeaseFirst Floor Premises have been delivered to Tenant and Tenant accepts occupancy thereof in their current “as is”, Tenant shall surrender the Premises “where is” condition, subject only to Landlord’s maintenance, broom clean repair and any other obligations set forth in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant Landlord shall deliver the Fifth Floor Premises (and if Tenant elects to have Landlord construct the Tenant Improvements in the Sixth Floor Premises as provided above, the Sixth Floor Premises) with the Tenant Improvements completed in a good and workmanlike manner, in compliance with all keys Laws, and otherwise subject to the terms and conditions of the Landlord-Managed Work Letter. If Tenant elects to manage the Tenant Improvements in the Sixth Floor Premises, then Landlord shall deliver the Sixth Floor Premises to Tenant in “as is”, “where is”, broom-clean and vacant condition. Notwithstanding the foregoing, in all events Tenant’s occupancy of any part of the Premises shall be subject to latent defects identified by Tenant to Landlord in writing within one (1) year of the Commencement Date or the Sixth Floor Premises Commencement Date, as applicable, and in accordance with and subject to any provisions of the Lease pertaining to Hazardous Materials and in substantial compliance with all building codes and ordinances applicable to the use and occupancy of the Fifth Floor Premises and the Building Sixth Floor Premises and with all currently installed HVAC, electric, lighting and plumbing installations located therein all being in good and proper working condition as would commonly be expected for a modern Class A suburban office building in Denver, Colorado (the “Landlord’s Work”) with the cost of same being at the sole cost and expense of Landlord, without any of such costs being part of the Operating Expenses, charged to Tenant, or being deducted from any applicable Allowance, and also subject to Landlord’s maintenance, repair and any other obligations set forth in this Lease. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs Work shall be performed in a manner satisfactory to Landlord completed on or before the Commencement Date or, as applicable, the Sixth Floor Premises Commencement Date and shall include, but are not limited towithout limitation, the following: capping the Building structural systems, roof system, plumbing systems (including, without limitation, all plumbingconnections and distribution of plumbing to internal appliances), capping unless modified as part of Tenant’s Work (hereinafter defined), window systems, window covering, elevator systems, restrooms; the base building HVAC mechanical systems (including, without limitation, all connections and distribution to or of HVAC internal appliances), unless modified as part of the Tenant’s Work; and the base building electrical wiringsystems (to include all connections and distribution of electricity to the Premises), repairing all holes in wallsunless unreasonably modified as part of the Tenant’s Work. Notwithstanding the foregoing, restoring damaged floor and/or ceiling tilesnothing herein shall be construed to mean that Landlord shall be prevented from performing normal maintenance and repairs following the Commencement Date or Sixth Floor Premises Commencement Date, as applicable, and thorough cleaning passing the documented, out-of-pocket cost of same through to Tenant as part of normal Operating Expenses, to the extent that such expenses would otherwise be includable as a part of Operating Expenses hereunder. If a non-compliance with such warranty exists for the Fifth Floor Premises as of the Commencement Date or for the Sixth Floor Premises as of the Sixth Floor Premises Commencement Date, or if one of such operating systems or elements should malfunction or fail within the warranty period below, as Tenant’s sole remedy for Landlord’s breach of this warranty, Landlord shall, as Landlord’s sole obligation, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, repair same at Landlord’s expense; provided, however, Landlord shall have no liability hereunder for repairs or replacements necessitated by the acts or omissions of Tenant and/or any of Tenant’s Parties. The warranty period shall be the longer of nine (9) Months after delivery of the Fifth Floor Premises or the Sixth Floor Premises, respectively, to Tenant, including any Early Occupancy under Section 4.4 below or such longer warranty period(s) as Landlord may have from any contractors or other third parties. If Tenant fails to remove does not give Landlord the required notice within said warranty period, correction of any items that such non-compliance, malfunction or failure shall be the obligation of Tenant has at Tenant’s sole cost and expense, unless such repair would otherwise be an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord hereunder. Tenant acknowledges that, except as otherwise expressly set forth in this Lease and the Work Letter, if any, (i) neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Building or the Property or their condition, or with respect to the suitability thereof for the conduct of Tenant’s business, and Tenant shall have accept the right to remove Premises in its then as-is condition on delivery by Landlord, and retain or dispose (ii) the acceptance of possession of the same Premises by Tenant shall establish that the Premises, the Building and the Property were at such time complete and in any mannergood, sanitary and satisfactory condition and repair with all work required to be performed by Landlord, if any, pursuant to the Work Letter completed and without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from on Landlord’s retention part to make any further alterations, upgrades or disposition improvements thereto, subject only to completion of such Alterations or personal property. Tenant shall minor punch-list items identified by the parties to be liable to Landlord for corrected by Landlord’s costs of removing, storing and disposing of such itemsif any, as provided in the Work Letter.

Condition of Premises. Upon the expiration or earlier termination of In connection with this LeaseAmendment, Tenant is accepting the Expansion Premises and Existing Premises in “as is” condition, and Landlord shall surrender have no obligation to perform any work or construction to the Expansion Premises or the Existing Premises. Notwithstanding anything to Landlordthe contrary contained herein, broom clean and in good condition and repair, except for ordinary wear and tear that provided Tenant is not otherwise obligated then in default of any of the terms, conditions, and covenants of the Lease, Landlord shall contribute up to remedy under $409,660.00 ($20.00 per square foot of the rentable area of the Expansion Premises) (the “Tenant Improvement Allowance”) toward the cost of the work to the Expansion Premises to be performed by Tenant in connection with its occupancy of the Expansion Premises (“Tenant’s Expansion Work”), all such Tenant’s Expansion Work to be performed by Tenant in accordance with the terms and provisions of this the Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation presentation to Landlord, no later than December 1, 2011, of customary documentation supporting the charges for completion of such Tenant’s Expansion Work, which documentation is of a scope and detail sufficient to satisfy a commercial construction lender operating in the market area in which the Building is located and which shall include copies of paid invoices from Tenant’s contractor and lien waivers, Landlord shall, not later than thirty (30) days after receiving Tenant’s supporting documentation, reimburse Tenant for the cost of the Premisescompleted Tenant’s Expansion Work, up to the amount of the Tenant Improvement Allowance. Tenant shall not be entitled to a credit for any portion of the Tenant Improvement Allowance not used. In the event that the total cost of the Tenant’s Expansion Work exceeds the Tenant Improvement Allowance, Tenant shall remove be responsible for all portable furnituresuch excess costs. All costs of the Tenant’s Expansion Work, trade shall be paid by Tenant promptly when due, and all costs in excess of the Tenant Improvement Allowance shall be paid by Tenant from Tenant’s own account. Before performing the Tenant’s Expansion Work, Tenant shall cause its architect to furnish to Landlord, for Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, space plans sufficient to convey the architectural design of the Expansion Premises, including, without limitation, the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, machinery, equipment, signs heavy floor loads and other items special requirements (collectively, the “Space Plan”). If Landlord shall disapprove of personal property any portion of the Space Plan, Landlord shall advise Tenant of the reasons therefor within ten (unless prohibited 10) business days of receipt of the Space Plan from doing so under Section 20.2), Tenant and shall remove any Alterations notify Tenant within such ten (whether or not made with 10) business day period of the revisions to the Space Plan that are reasonably required by Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair within seven (7) business days submit to Landlord, for Landlord’s approval, a revised Space Plan, incorporating the revisions required by Landlord. Following final approval of the Space Plan, Tenant shall cause its architect to prepare complete plans and specifications based on the approved Space Plan (collectively, the “Plans and Specifications”). The Plans and Specifications shall (a) be compatible with the Building shell and with the design, construction and equipment of the Building; (b) comply with all damage Legal Requirements; (c) be consistent with the approved Space Plan, and (d) be in a form sufficient for the permitting and construction of the Tenant’s Expansion Work shown thereon. Following completion, the Plans and Specifications shall be submitted to Landlord for final approval, which shall not be unreasonably withheld, conditioned or delayed so long as the Plans and Specifications are consistent with the Space Plan. If Landlord shall disapprove of any portion of the Plans and Specifications, Landlord shall advise Tenant of the reasons therefor within ten (10) business days of receipt of the Plans and Specifications from Tenant and shall notify Tenant within such ten (10) business day period of the revisions to the Premises caused Plans and Specifications that are reasonably required by such removal Landlord. Tenant shall within seven (7) business days submit to Landlord, for Landlord’s approval, revised Plans and shall restore Specifications incorporating the Premises to its prior condition, revisions required by Landlord. Tenant further acknowledges and agrees that all at Tenant’s expense. Such repairs Expansion Work shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, accordance with the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning requirements of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Lease, including, without limitation, Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose 3.4 of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsLease.

Condition of Premises. Upon Tenant represents that it has made a thorough inspection of the expiration or earlier termination 35th Floor Premises and, subject to the terms of this Amendment, Landlord’s continuing obligations under Section 8.1 of the Lease and the other applicable provisions of the Lease, Tenant shall surrender the performance of the Landlord’s 35th Floor Premises Work, and the continuance of the Premises in its current condition as of the date hereof without damage (except reasonable wear and tear) agrees to take the 35th Floor Premises in its "as-is" condition existing on the 35th Floor Premises Commencement Date (subject to latent defects in Landlord's 35th Floor Premises Work). Tenant further acknowledges and agrees that notwithstanding anything to the contrary contained in the Lease, as amended hereby, Landlord has made no representations with respect to the 35th Floor Premises and subject to Landlord, broom clean ’s continuing obligations under Section 8.1 and in good condition Section 11.2 of the Lease and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the other applicable provisions of this the Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any no obligation to account perform any work (other than Landlord's 35th Floor Premises Work to provide any work allowance or rent credit, or to alter, improve, decorate, or otherwise prepare the 35th Floor Premises for Tenant's occupancy. On the 35th Floor Premises Commencement Date, the 35th Floor Premises shall be in broom clean condition. Promptly following the 35th Floor Premises Commencement Date, Landlord shall provide Tenant with an ACP-5 covering the 35th Floor Premises. Landlord hereby acknowledges and agrees that Tenant shall not be obligated to perform Alterations to comply with the Americans with Disabilities Act with respect to the 35th Floor Premises (except to the extent the need for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting such compliance arises from LandlordTenant’s retention or disposition of such Alterations or personal property. Tenant its manner of use) and the 35th Floor Premises shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemscomply with Local Law 26/04.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building building(s) of which the Premises are a part to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so the same under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. , Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant 1.01 Lessor shall deliver all keys the leased premises in "as is" condition. Subject to Lessee's option to terminate as hereinafter provided, upon delivery of possession, Lessee covenants and agrees to take unconditional physical possession of the leased premises and accepts the leased premises in "as is" condition without representation by Lessor or any person, firm or corporation on behalf of Lessor as to the Premises condition thereof, and acknowledges that the Building leased premises are in satisfactory condition. Subject to Landlord. Upon Tenant’s vacation Lessee having commissioned an engineering survey within (seven) 7 days of the Premisesdate of execution hereof, Tenant during the twenty-one (21) days following the date of execution hereof, Lessee shall remove all portable furniturehave access to the leased premises for purposes of inspecting the condition of same. In the event that Lessee shall notify Lessor in writing within such 21 day period that Lessee shall have discovered a significant defect or disrepair in the leased premises (subject to independent verification, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2if Lessor deems same reasonably necessary), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord then Lessee shall have the right option of terminating this Lease by giving written notice thereof to remove and retain or dispose Lessor within such 21 day period. For purposes of the same foregoing sentence, a "significant defect or disrepair" in any manner, without any obligation the leased premises shall be deemed to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention mean defects or disposition items of disrepair of such Alterations a nature as to require aggregate capital expenditures or personal property. Tenant shall be liable to Landlord for Landlord’s repair costs of removingmore than $100,000, storing within the 120 day period immediately following the commencement date of the term hereof. Upon Lessor's receipt of Lessee's notice to terminate, Lessor shall have ten (10) days during which Lessor may nullify and disposing vitiate Lessee's option by agreeing to bear the cost of such itemscorrection or disrepair in excess of $100,000.00.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building Project to Landlord. Upon Tenant’s 's vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so the same under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s 's consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s 's expense, provided that Tenant shall not be responsible for any restoration or expense in connection with new or amended building codes. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s 's option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s 's retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s 's costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant Landlord shall deliver all keys to Tenant a copy of each final Exit Survey submitted by JCVI pursuant to the Premises and Assignment Agreement (“JCVI Exit Survey”) upon Landlord’s receipt, without any representation or warranty, express or implied, including but not limited to any representation or warranty regarding the Building to Landlord. Upon Tenant’s vacation accuracy or completeness of the Premises, Tenant JCVI Exit Survey. The delivery of such JCVI Exit Survey shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether not be deemed to be a representation or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at warranty regarding the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning physical or environmental condition of the Premises. If On the Revised Term Commencement Date, Landlord shall deliver possession of the Premises to Tenant fails in broom clean condition. Tenant acknowledges that (a) except as expressly provided in this Second Amendment or the Lease, Xxxxxx agrees to remove any items that Tenant has an take the Premises in its condition “as is” as of the first day of the Revised Term, and (b) Landlord shall have no obligation to remove under alter, repair or otherwise prepare the Premises for Tenant’s continued occupancy for the Revised Term or to pay for any improvements to the Premises, except as expressly provided in this Section when required Second Amendment or the Lease. Xxxxxx’s taking of possession of the Premises on the Revised Term Commencement Date shall, except as otherwise agreed to in writing by Landlord or otherwiseand Tenant, conclusively establish that the Premises, the Building, the Building systems and the Project were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding the foregoing, at any time during the first twenty-four (24) months of the Revised Term (the “Warranty Period”), if any standard HVAC units (but specifically excluding any specialized HVAC units added by Tenant, such items shallas those units that may be required for manufacturing) serving the Premises shall fail to be in good working order, then Tenant may deliver written notice to Landlord describing in reasonable detail such failure, and Landlord will perform the work necessary to put the HVAC unit in good working order with reasonable promptness and at Landlord’s optionsole cost as Tenant’s sole remedy for any such failure (and Tenant shall not be entitled to damages or any other remedy as a result of such failure, become except as provided in Section 16.2 of the property Lease); provided, however, that Landlord’s obligations pursuant to the foregoing shall be limited to necessary repairs and/or replacements, as determined by Landlord in its reasonable discretion, and Tenant shall remain responsible for the standard preventative maintenance and upkeep of such HVAC units in the ordinary course. During the Warranty Period, all costs which are the obligation of Landlord and Landlord shall have the right pursuant to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant this Section 9 shall be liable borne 4813-5202-3331.13 11 solely by Xxxxxxxx and not included as Operating Expenses, provided Tenant (and not Landlord) shall be responsible for all costs, in whole or in part, that are incurred to Landlord for Landlord’s costs the extent attributable to the negligence or willful misconduct of removingTenant or any of its employees, storing and disposing of such itemscontractors or subcontractors.

Condition of Premises. Upon the expiration or earlier termination Landlord shall deliver possession of this Lease, Tenant shall surrender the Premises to Landlord, broom clean Tenant and Tenant agrees to accept the Premises in good “as is” condition and repairas of the Commencement Date, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Leaseas hereinafter provided. Tenant shall deliver all keys to acknowledges that it has inspected the Premises and the Building common areas and facilities of the Property and has found the condition of both satisfactory and is not relying on any representations of Landlord or Landlord’s agents or employees as to such condition, and Landlord shall have no obligation with respect thereto except as may be expressly set forth in this Lease. Landlord has caused its architect, Xxxxxxx Xxxx Associates, to prepare the construction drawings and specifications dated October 16, 2012 and attached hereto as Exhibit A-1 (collectively, “Landlord. Upon Tenant’s vacation of Plans”) for certain initial improvements to the Premises, Tenant shall remove all portable furniturewhich are based on the space plan (the “Space Plan”) dated September 28, trade fixtures2012 and attached hereto as Exhibit A-2, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Plans shall be delivered to Tenant for its approval, which approval shall be given unless Landlord’s electionPlans are inconsistent, made at in any material respect, with the time such Alterations were installed) require Tenant to removeSpace Plan or there are other errors or omissions in Landlord’s Plans. Tenant shall repair all damage have five (5) business days (i.e., days that are not legal holidays or weekend days) to review Landlord’s Plans and to notify Landlord in writing of any such inconsistencies or other errors or omissions. If Tenant fails to give Landlord such notice within said period, Landlord’s Plans shall be deemed approved. In the Premises caused by event Tenant notifies Landlord of any such removal inconsistencies or other errors or omissions, Landlord shall make any necessary corrections to Landlord’s Plans and shall restore the Premises resubmit Landlord’s Plans to its prior condition, all at Tenant for Tenant’s expenseapproval (in which case Tenant shall have two (2) business days to review the corrected Landlord’s Plans and to notify Landlord of any errors or omissions, and if Tenant fails to so notify Landlord, such resubmission shall be deemed approved) and this process shall continue until final Landlord’s Plans are approved by Landlord and Tenant. Such repairs Upon final approval of Landlord’s Plans by Landlord and Tenant, Landlord shall exercise all reasonable efforts to substantially complete the work specified therein (collectively “Landlord’s Work”) by March 1, 2013, but Tenant shall have no claim against Landlord for failure so to complete Landlord’s Work by any particular date. Landlord’s Work shall be performed in a manner satisfactory to good and workmanlike manner, in compliance with all applicable laws and codes and, except as may be otherwise specified in Landlord’s Plans, using materials and installations meeting Landlord’s minimum standards for the Building. Tenant agrees that Landlord may make any changes in Landlord’s Work from that shown on Landlord’s Plans, the necessity or desirability of which becomes apparent following approval Landlord’s Plans by Landlord and Tenant, upon prior written notice to Tenant for nonsubstantial changes and with the approval of Tenant (which approval shall includenot be unreasonably withheld, conditioned or delayed) for substantial changes (i.e., any material changes in the quality and/or location of the improvements). When in Landlord’s reasonable judgment, Landlord’s Work has proceeded to such point where Tenant may install its cabling, furniture, fixtures and equipment in the Premises without interfering with the performance of Landlord’s Work (but are not limited tolater than one (1) week prior to the projected Substantial Completion Date) (and provided Landlord shall have received a copy of each of Tenant’s insurance certificates pursuant to Section 9 hereof), Landlord shall so notify Tenant and from and after such date of notification Tenant and its contractors shall have access to the following: capping all plumbing, capping all electrical wiring, repairing all holes Premises for the purposes of installing the same in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning preparation for Tenant’s occupancy of the Premises. In connection with such access, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of Landlord’s Work, and (ii) to comply and cause its contractors to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other and with any other activity or work in the Building, including, without limitation, the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of this Lease, except that (i) there shall be no obligation on the part of Tenant solely because of such access to pay any Annual Fixed Rent or any Additional Rent for Taxes or Operating Costs (as hereinafter defined) for any period prior to the Commencement Date, and (ii) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to remove comply or cause its contractors to comply with any items of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s rights of access to the Premises until the Commencement Date. Landlord shall pay the entire cost of Landlord’s Work in excess of Tenant’s Contribution, hereinafter defined (such cost of Landlord’s Work in excess of Tenant’s Contribution being referred to as “Landlord’s Contribution”), and Tenant shall not be liable therefor, except that Tenant has an obligation shall pay upon demand therefor any increase in the cost of Landlord’s Work that is attributable to remove under this Section when required a Tenant Delay (hereinafter defined) or any other act or omission of Tenant, its employees, agents or contractors, including, without limitation, changes made in Landlord’s Work at the request of Tenant (which changes must first be approved by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal propertyits sole discretion). Tenant shall contribute $34,155.00 (“Tenant’s Contribution”) to be liable to Landlord for applied against the cost of Landlord’s costs Work, and commencing on the first (1st) day of removingthe eighth (8th) full calendar month following the Commencement Date and thereafter on the first day of each month through the remainder of the Original Term (such period being the “Amortization Period”), storing Tenant shall pay to Landlord, as Additional Rent, $605.47 per month; such amount being equal to the level monthly payments of principal and disposing interest, payable monthly, in advance, necessary to pay Tenant’s Contribution, together with interest thereon at a rate of eight percent (8%) per annum, over the Amortization Period. Landlord’s Work shall be deemed to be substantially completed and the “Substantial Completion Date” shall occur as of the first day as of which (i) Landlord’s Work is completed except for items of work (and, if applicable, adjustment of equipment and fixtures) which can be completed after occupancy has been taken without causing undue interference with Tenant’s use of the Premises (i.e., so-called “punch list” items), and (ii) if required by law, a certificate of occupancy (which may be temporary or conditional so long as Landlord diligently endeavors to obtain a final certificate) permitting occupation and use of the Premises by Tenant has been issued by the applicable governmental authority. Landlord shall use reasonable efforts to complete all “punch list” items within thirty (30) days following the Substantial Completion Date, and Tenant shall afford Landlord access to the Premises for such itemspurposes. If any act or omission of Tenant or its agents or contractors, whether occurring before or after the commencement of Landlord’s Work (including any unreasonable delay in approving any changes in Landlord’s Work as provided in the third paragraph of this Section 3), shall cause a delay of the substantial completion of Landlord’s Work (a “Tenant Delay”) thereby delaying the Commencement Date, Tenant shall, upon invoice, pay to Landlord, as Additional Rent in addition to the amounts payable by Tenant during the Term, the amount of Annual Fixed Rent, Additional Rent on account of Taxes and Operating Costs and other charges that would have been payable hereunder as if the Commencement Date occurred, and the obligation to pay the full amount of Annual Fixed Rent, Additional Rent and other charges (without abatement) had commenced, immediately prior to such Tenant Delay.

Condition of Premises. Upon Subtenant acknowledges that it is subleasing the expiration Sublease Premises "as- is" in an unfurnished condition and that Sublandlord is not making any representation or earlier termination warranty concerning the condition of the Sublease Premises and that Sublandlord is not obligated to perform any work to prepare the Sublease Premises for Subtenant's occupancy. Subtenant acknowledges that it is not authorized to make or do any alterations or improvements in or to the Sublease Premises without Sublandlord's prior written consent, which consent may not be unreasonably withheld and which may impose additional reasonable and customary requirements applicable to the construction and completion of such alterations or improvements in addition to requiring Subtenant's compliance with requirements of the Master Lease. Sublandlord shall not be deemed to be unreasonable in withholding its consent to any alteration or improvement which does not conform with the use requirements under this Lease, Tenant shall surrender Sublease or which is materially different from alterations or improvements customarily seen in first class laboratory space. Subtenant further acknowledges that it must TOWNE CENTRE deliver the Sublease Premises to Landlord, broom clean and Sublandlord on the Sublease Expiration Date in good the condition and repair, except for substantially the same as that on the Sublease Commencement Date subject to ordinary wear and tear that Tenant is not otherwise obligated and damage due to remedy under a taking or casualty (other than arising from Subtenant's failure to maintain the provisions of this Lease. Tenant shall deliver all keys Sublease Premises or due to the Premises and the Building negligence or intentional misconduct of Subtenant). Sublandlord may require Subtenant to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)remove, and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Sublease Premises caused in connection therewith, any alterations made by such removal Subtenant during the Term, at Subtenant's sole cost and shall restore the Premises to its prior conditionexpense, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning connection with any vacation of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove Sublease Premises by Subtenant under the terms of this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsSublease.

Condition of Premises. Upon The Tenant acknowledges that the expiration said property is in good condition. If there is anything about the condition of the property that is not good, they agree to report it to Landlord within three (3) days of taking possession of the property. They agree that failure to file any written notice of defects will be legally binding proof that the property is in good condition at the time of occupancy. Inventory and Inspection Record An Inventory and Inspection Record has been provided for the Tenant's use. Only after this has been filled out (within the three (3) day time limit) will the Landlord take any action to complete the necessary repairs. Landlord warrants that all major systems will be functional and in good repair at time of possession. Light switches, wall plugs, doors, windows, faucets, drains, locks, toilets, sinks, heater, etc., will either be in working order or earlier termination will be repaired once Tenant has completed the Inspection and Inventory Record. Tenant is encouraged to report any necessary repairs, no matter how slight, in writing, but they are hereby advised the Landlord does not normally repair or replace nonfunctional items such as paint, carpets, etc., every time a property changes possession. Those items are scheduled for repair/replacement at regular intervals regardless of this Lease, tenant turnover. Tenant shall surrender the Premises Responsibility Good housekeeping is expected of everyone. Tenant agrees to Landlord, broom keep quarters clean and in good condition sanitary condition. The Tenant agrees not to permit any deterioration or destruction to occur while they are occupying the property. They agree to maintain the walls, woodwork, floors, furnishings, fixtures and repairappliances (if any), except for ordinary wear windows, screens, doors, plumbing, air-conditioning and tear that heating, electrical and mechanical systems, as well as the general structure and appearance of the property. Tenant agrees to follow all Landlord instructions, especially where posted. Snow Removal Tenant is not otherwise obligated to remedy under responsible for removal of snow from the provisions of this Leasepublic sidewalk associated with his home. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation Snow should be removed before noon (12:00 PM) of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at day following the time such Alterations were installed) require Tenant to removesnowfall. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become Mailbox The mailbox is the property of the Landlord and Landlord shall have the right is not to remove and retain or dispose of the same be altered in any manner, without any obligation to account to Tenant for way by the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsTenant.

Condition of Premises. Upon the expiration or earlier termination Tenant acknowledges and agrees that its possession of this Lease, Tenant shall surrender the Premises to Landlordafter November 1, broom clean and in good condition and repair2009, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy a continuation of Tenant’s possession of the Premises under the provisions of this Lease. Tenant shall deliver all keys to is familiar with the Premises and the Building to Landlord. Upon Tenant’s vacation condition of the Premises, and agrees to accept the Premises in their existing condition “AS IS”, without any obligation of Landlord to remodel, improve or alter the Premises, to perform any other construction or work of improvement upon the Premises, or to provide Tenant shall remove all portable furniturewith any construction or refurbishing allowance. Notwithstanding the foregoing, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (elect at Landlord’s election, made at any time after the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shallRP Commencement Date, at Landlord’s optionsole cost and expense, become to install a demising wall as depicted in Exhibit A attached hereto which shall separate the property Reduction Premises from the Premises and in connection therewith perform such other related work as may be reasonably necessary or required by applicable laws, rules and regulations so as to separate the lighting, HVAC, and fire life safety systems in the Premises from the Reduction Premises (collectively, the “Demising Work”) provided that Landlord will give Tenant five (5) business days advance notice before beginning the Demising Work. Tenant acknowledges and agrees that the Demising Work will be installed and constructed by Landlord in the Premises during the period of Landlord Tenant’s occupancy of the Premises; however the completion of such Demising Work therein shall not affect Tenant’s obligation to pay Rent and Landlord to perform all of Tenant’s covenants and obligations under the Lease. Tenant hereby expressly (i) agrees that Tenant shall have the no right or claim to remove and retain any abatement, offset or dispose other deduction of the same in any manner, without any obligation to account to amount of Rent payable by Tenant for the proceeds thereofPremises due to the installation and construction of any of the Demising Work, (ii) grants Landlord access to any and all of the Premises to perform the Demising Work, (iii) waives any rights or claims Tenant may have at law or in equity with respect to any interference with Tenant’s conduct of its operations in and about the Premises during the pendency of the work associated with the Demising Work, and (iv) agrees not to interfere, and not to allow any of Tenant’s Representatives to interfere, with Landlord and its contractors, representatives and consultants in the performance of the Demising Work. Tenant waives all claims against In the performance of the Demising Work, Landlord for agrees to commence and diligently pursue the same to completion and to use commercially reasonable efforts not to materially interfere, and not to allow any damages of its contractors and agents to Tenant resulting from Landlordmaterially interfere, with Tenant’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing operations in and disposing of such itemsabout the Premises.

Condition of Premises. Upon 3.01. Lessee acknowledges and agrees that it is subletting the expiration Subleased Premises in its “as is” condition as of the Commencement Date and that, subject to this Section 3.01, Lessor is not required to perform any work in the Subleased Premises or earlier termination provide any allowance or other concession to Lessee. Lessee acknowledges that Lessor will continue to occupy the Subleased Premises from the date of this LeaseSublease until shortly before the Commencement Date and accordingly, Tenant shall surrender there will be some changes to the condition of the Subleased Premises to Landlordarising out of ordinary use and wear and tear. Lessor covenants and agrees that, broom clean during the period between the date of this Sublease and the Commencement Date, Lessor will maintain and repair the Subleased Premises in a manner consistent with its past practice and in good compliance with the terms of the Prime Lease. Lessor and Lessee shall conduct a walk through immediately prior to the date of this Sublease and immediately prior to the Commencement Date. In the event of any material change in the condition and repair, except for of the Subleased Premises (excluding ordinary wear and tear tear) between the date of this Sublease and the Commencement Date arising from the breach by Lessor of its covenant contained in the immediately preceding sentence, Lessee’s sole remedy shall be that Tenant Lessor shall either cure such material changes at Lessor’s sole expense or permit Lessee cure such material changes at Lessor’s expense, in which event Lessor shall reimburse Lessee for such costs within thirty (30) days after delivery by Lessee to Lessor of all applicable [***] INDICATES MATERIAL THAT HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL, AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. invoices and other reasonable documentation of the costs of cure. All understandings and agreements heretofore made between the parties hereto are merged in this Sublease which alone fully and completely expresses their agreement, and neither party is relying upon any statement, representation or warranty made by the other not otherwise obligated embodied in this Sublease. Lessor makes no representation concerning, and shall have no liability in connection with, the quantity, quality or condition of any and all services, equipment and supplies given to remedy Lessee; provided, however, Lessor agrees that Lessee shall be entitled to receive all services, utilities, repairs and restorations to be provided by Prime Landlord under the provisions Prime Lease with respect to the Subleased Premises. Subject to obtaining the approval of this Lease. Tenant Prime Landlord in accordance with Section 2.02 hereof, the parties intend that the Commencement Date shall be July 1, 2021 (“Intended Commencement Date”) and that Lessor shall deliver all keys the Subleased Premises to Lessee on such Intended Commencement Date in accordance with this Section 3.01, provided, however, that Lessor shall have the right, to be exercised upon not less than nine (9) months’ prior written notice to Lessee, to extend the Intended Commencement Date one or more times by up to six (6) months in the aggregate (i.e., to an outside Intended Commencement Date of January 1, 2022). On the Intended Commencement Date (as extended, if applicable and subject to the approval of Prime Landlord in accordance with Section 2.02 hereof), Lessor shall deliver the Subleased Premises to Lessee in vacant and the Building to Landlord“broom clean” condition. Upon Tenant’s vacation of the PremisesIn addition, Tenant Lessor shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items interior signage displaying the name of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether Lessor or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsaffiliates.

Condition of Premises. Upon Landlord warrants to Tenant that on the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean Commencement Date and in good condition and repair, except for ordinary wear improvements constructed by Tenant, (i) all building systems, including roof (including the roof structure and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2membrane), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all HVAC, fire sprinklers, electrical wiring(including panels and outlets), repairing all holes in wallsinterior lighting, restoring damaged floor and/or ceiling tiles, and thorough cleaning window coverings and all exterior sprinklers and lighting, the parking area and landscaping shall be in good operating condition and good repair, and (ii) the Building and Common Area shall be in compliance with all Laws (as defined below), including seismic requirements, ADA and Title 24. Any defects in the warranted matters which are reported by Tenant to Landlord within ninety (90) days after the Commencement Date shall be repaired by Landlord at Landlord’s cost and expense. Landlord covenants that at its sole cost and expense (and not as a Common Area charge) it will complete, prior to the Commencement Date: (a) the HVAC repairs identified in the report of CalAir dated April 4, 2006, and (b) the roof repairs identified in the report of Roof Leak Services dated March 13, 2006 (jointly, the “Reports”). Copies of the PremisesReports have been delivered to Tenant. If Landlord further covenants that at its sole cost and expense it will replace, (i) prior to the Commencement Date the Trane air conditioning units on the roof of the Building identified in the CalAir report as Unit 7 (1979-3 ton) and Unit 2 (1979-5 ton), and (ii) as necessary during the Lease Term, the five (5) other Trane air conditioning units now installed on the roof of the Building. Provided, however, prior to the replacement of said Units 7 and 2, if Contractor recommends that units larger than currently existing units are required for Tenant’s server room, Tenant fails may elect to remove any items that cause said larger units to be installed in lieu of the two smaller units being replaced, in which case Tenant has an obligation shall pay the excess cost thereof directly or such cost shall be charged against the Allowance. Notwithstanding anything to remove under the contrary contained in this Section when required Lease, Tenant’s acceptance of the Premises shall not be deemed a waiver of Tenant’s right to have latent defects in the improvements corrected by Landlord or otherwisethe Premises repaired at no cost to Tenant. Tenant shall give notice to Landlord whenever any such latent defect becomes reasonably apparent, such items shall, and Landlord shall repair the defect as soon as practicable. Any capital repairs or replacements required for the roof during the six month period following the Commencement Date shall be at Landlord’s option, become the property sole cost and expense of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsnot a Common Area charge.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean acknowledges and in good condition and repair, except for ordinary wear and tear agrees that Tenant is not otherwise obligated to remedy Landlord has no obligation under the provisions of this Lease. Tenant shall deliver all keys Lease to the Premises and the Building make any improvements to Landlord. Upon Tenant’s vacation of or perform any work in the Premises, Tenant shall remove all portable furnitureor, trade fixturesexcept as specifically set forth in this paragraph, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)provide any improvement allowance, and shall remove any Alterations (whether or not made with Tenaxx xxxepts the Premises in their current “AS IS” condition. Neither Landlord, nor anyone acting on Landlord’s consent) that Landlord may (at Landlord’s electionbehalf, has made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage any representation, warranty, estimation, or promise of any kind or nature whatsoever relating to the Premises caused by such removal and shall restore physical condition or suitability, including without limitation, the Premises to its prior condition, all at fitness for Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall includeintended use, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove make improvements in the Premises (collectively, “Leasehold Improvements”) in conformity with plans and retain specifications approved in advance in writing by Landlord, and in compliance with all applicable Laws, and Landlord’s rules and regulations for construction, using new or dispose of the same comparable materials only, by contractors reasonably approved in any mannerwriting by Landlord, without any obligation to account to Tenant for the proceeds thereofand on days and at times reasonably approved in writing by Landlord. Tenant waives shall mark and tag all claims against Landlord for any damages to Tenant resulting from Landlord’s retention wiring and cabling installed by it or disposition of such Alterations or personal propertyon its behalf upon installation. Tenant shall be liable responsible for all elements of the design of the Leasehold Improvements (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises, and the placement of Tenant’s furniture, appliances, and equipment), and Landlord’s approval thereof or of Tenant’s plans therefor shall in no event relieve Tenant of the responsibility for such design. Landlord shall only be responsible for payment of a maximum cost of $197,080.00 (that is, $10.00 per rentable square foot in the Premises) (“Tenant Allowance”) for the Leasehold Improvements. Landlord shall reimburse Tenant up to the Tenant Allowance within 30 days after the submission by Tenaxx (xx more frequently than once per month) of paid invoices and unconditional lien waivers (on Landlord’s form therefor) evidencing the Leasehold Improvements and Landlord’s approval of such work based upon Landlord’s inspection of such Leasehold Improvements; provided, however, written request for payment of the Tenant Allowance must be received by Landlord within 24 months after the date of this Amendment, time of the essence. Any portion of the Tenant Allowance not used by Tenant by the date that is 24 months after the date of this Amendment shall be deemed waived by Tenant and shall not be paid to Tenant, credited against Rent, xx applied to Tenant’s moving costs or prior lease obligations. Notwithstanding anything to the contrary herein, Landlord’s reimbursement obligation shall be limited to hard costs of the Leasehold Improvements as well as any planning fees, permits, construction management fees if any and similar soft costs (specifically excluding furniture, fixtures, equipment, and/or data cabling). Notwithstanding the above Tenant may use up to $59,124.00 (that is, $3.00 per rentable square foot in the Premises) towards the costs of furniture, fixtures, equipment and / or data cabling. If Tenant elects to have Landlord oversee completion of the Leasehold Improvements, Tenant shall pay to Landlord for Landlord’s costs a construction management fee equal to 2% of removing, storing and disposing the total cost of such itemsimprovements.

Condition of Premises. Upon the expiration Producer agrees to take reasonable precautions from damage by equipment to any common areas; any fixtures removed or earlier termination of this Leasedamaged will be replaced or repaired to a similar condition by Producer. Any walls that have been painted by Producer will be repainted to match color around damaged area. All structures, Tenant shall surrender equipment and material, including building material such as scrap lumber, and empty paint cans placed in and upon the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under by the provisions of this LeaseProducer shall be removed completely. Tenant shall deliver all keys A cleaning fee will be charged to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether Producer or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to Production Company if the Premises caused by such removal and shall restore or the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but Property are not limited to, left in the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning same manner as when Producer took possession of the Premises. Producer agrees that in the event such structures, equipment and material are not removed at the end of the Term, Producer shall be charged a hold day rate for any day material is left. If Tenant fails after two (2) days of Producer’s receipt of Owner’s written notification to remove any items that Tenant Producer, Producer has an obligation to remove under this Section when required by Landlord or otherwisenot removed material, such items shall, at Landlord’s option, become the property of Landlord and Landlord Owner shall have the right to remove clear and retain or dispose of equipment and materials. Producer shall pay to Owner the same reasonable removal and disposal costs of such structures, equipment and materials. Producer shall clean and remove all rubbish at its sole cost and expense. [If Producer uses Owner’s trash dumpsters or if a construction dumpster is required, Producer will pay [$150] per regular trash dumpster and/or [$250] per construction dumpster.] Producer shall lease the Premises in an “as-is” condition subject to the provisions set forth below: Producer acknowledges that this building shall at no time be altered, removed or destroyed in any way or manner, without any obligation whatsoever. Owner hereby makes no representations or warranties as to account to Tenant the present or future suitability of the Premises for Producer’s intended use. Producer agrees that, by Producer’s duly designed representatives having fully examined the proceeds Premises the Producer accepts the use and occupancy thereof with the full knowledge of the conditions thereof. Tenant waives all claims against Landlord , and agrees that Owner shall not be liable for any damages loss, delay or injury to Tenant persons or property damage caused by or resulting from Landlord’s retention or disposition the condition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs state of removing, storing and disposing repair of such itemsthe subject Premises.

Condition of Premises. Upon Landlord warrants and covenants to Tenant that, as of the expiration Improvement Completion Date: (a) the Building Shell will be constructed in accordance with Landlord’s Plans, as modified pursuant to the terms of the Work Letter; (b) the electrical, plumbing or earlier termination mechanical systems in the Building (“Building Systems”) shall be new, properly installed and in good working order; (c) the Building Shell as originally constructed pursuant to Landlord’s Plans complied with the American’s with Disabilities Act in effect as of the date of the issuance by the City of San Diego of the building permit for the Building Shell, except for such noncompliance as shall not have a material adverse effect on Tenant’s rights or obligations under this LeaseLease or Tenant’s ability to use the Premises; and (d) there shall be no Hazardous Substances located in, on or about the Building or the Premises, except for such Hazardous Substances brought on the Premises or Project by Tenant pursuant to the provision of Article 14. Landlord further warrants and covenants that as of the date of the issuance by the City of San Diego of the building permit for the Building Shell, Landlord’s Plans complied with all applicable required building codes. Tenant shall notify Landlord within thirty (30) days after Tenant becomes aware of any breach of the foregoing warranty and covenant; provided, however, Tenant shall surrender have no recourse against Landlord for any breach of the Premises to Landlord, broom clean foregoing warranty and in good condition and repair, except for ordinary wear and tear covenant that Tenant is not otherwise obligated to remedy under the provisions could have been discovered by a visual inspection of this Lease. Tenant shall deliver all keys to the Premises and the public spaces located within the Building unless Tenant notifies Landlord of such breach within one hundred twenty (120) days after the Improvement Completion Date. With respect to Landlordthe covenants and warranties in this Section 1.07, Landlord shall repair or replace the defective elements of the Building Shell or Building Systems at its own cost and not as an Operating Expense within thirty (30) days after Landlord receives notice of such defect from Tenant; provided, however, if by the nature of such correction more than thirty (30) days is required to effect such correction, Landlord shall not be in default hereunder if such correction is commenced within such thirty (30) days period and is diligently pursued to completion. Upon So long as Landlord satisfies the covenant set forth in the preceding sentence, Tenant shall have no other remedy for the failure of the covenants and warranties set forth in this Section 1.07. Except as otherwise set forth in this Section 1.07, Landlord makes no representations and warranties regarding the condition of the improvements in the Premises or their fitness for Tenant’s vacation intended use. Landlord shall have no obligation to make any other improvements to the Premises and, to the maximum extent permitted by law, Tenant hereby agrees to accept the Premises in their “as-is” condition. The foregoing provisions of this Section 1.07 shall not be deemed to diminish Landlord’s obligations to construct Landlord’s Work and Tenant’s Improvement Work as provided in the Work Letter or Landlord’s obligations to repair or restore the Project, including the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed as provided elsewhere in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsLease.

Condition of Premises. Upon Tenant's taking possession of the expiration Premises for beneficial use in the conduct of its business therein shall be conclusive evidence that the Premises were in good order and satisfactory condition when Tenant took possession. No agreement of Landlord to alter, remodel, decorate, clean or earlier termination improve the Premises or the Property (or to provide Tenant with any credit or allowance for the same), and no representation regarding the condition of this Leasethe Premises or the Property, have been made by or on behalf of Landlord or relied upon by Tenant, except as stated in the Work Agreement attached hereto as Exhibit B. Provided Tenant has delivered to Landlord evidence reasonably satisfactory to Landlord that all insurance required to be carried by Tenant hereunder is effective, then, subject to the terms and conditions set forth below, Tenant and its consultants and contractors shall surrender be permitted to enter the Building and the Premises to Landlordduring the ten (10) day period immediately preceding the Commencement Date (the "Pre-Occupancy Period") for the purpose of installing Tenant's voice and data cabling and wiring, broom clean furniture, fixtures and equipment in good condition and repairthe Premises; provided that such access by Tenant during the Pre-Occupancy Period shall not interfere with, except for ordinary wear and tear that or delay the completion of, the Tenant is not otherwise obligated to remedy under the provisions of this LeaseWork. Tenant shall deliver all keys not be required to pay any Base Rent or any other cost or charge in connection with its entry into the Premises during the Pre-Occupancy Period unless Tenant commences to undertake its business operations therein during the Pre-Occupancy Period. In connection with the undertaking of any work by Tenant in the Premises during the Pre-Occupancy Period, Tenant's contractors shall comply with all reasonable rules and regulations promulgated by Landlord in connection with the performance of work in the Building. Landlord shall determine, and give reasonable advance notice to Tenant of, the days and hours of the day during which Tenant's contractors may undertake work in the Premises during the Pre-Occupancy Period in order to coordinate such schedules with those of the contractors and subcontractors performing portions of the Tenant Work, which schedule shall be subject to change by Landlord upon reasonable advance notice to Tenant. Any delay in Landlord's substantially completing the Tenant Work which results from (i) Tenant's contractors' failure to abide by the terms of such schedule, or (ii) interference by Tenant's contractor(s) with the contractors and/or subcontractors undertaking the Tenant Work shall constitute a Tenant Delay and the Building Commencement Date shall be deemed to Landlord. Upon Tenant’s vacation have occurred as of the Premises, date the Commencement Date would have otherwise occurred but for such Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsDelay.

Condition of Premises. Upon AS-IS". Subject to the expiration performance by Landlord of its obligations to perform (or earlier termination cause to be performed) the Tenant Improvements and, except as expressly provided to the contrary, as Tenant hereby agrees that the Premises shall be taken "as is", "with all faults", without any representations or warranties, and Tenant hereby agrees and warrants that it has investigated and inspected the condition of this Leasethe Premises and the suitability of same for Tenant's purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Building or the suitability of same for Tenant's purposes. Except as expressly provided herein to the contrary, Tenant shall surrender acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Building or with respect to Landlordthe suitability of either for the conduct of Tenant's business, broom clean and in good condition Tenant expressly warrants and repair, except for ordinary wear and tear represents that Tenant is not otherwise obligated to remedy under the provisions has relied solely on its own investigation and inspection of this Lease. Tenant shall deliver all keys to the Premises and the Building in its decision to Landlordenter into this Lease and let the Premises in an "as is" condition. Upon The commencement of business in the Premises by Tenant shall conclusively establish that the Premises and the Building (or such portion thereof occupied by Tenant’s vacation ) were at such time in satisfactory condition. Notwithstanding the foregoing, Landlord hereby assigns to Tenant, on a non-exclusive basis, to the extent assignable, all warranties and guaranties relating to the construction of the PremisesBuilding, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall use commercially reasonable efforts to assist Tenant, at no cost or expense to Landlord, with Tenant's enforcement of any warranties or guaranties that have been assigned to Tenant. Landlord shall use its commercially reasonable efforts to obtain at least a one year warranty from the right to remove and retain or dispose of general contractor constructing the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsImprovements.

Condition of Premises. Upon moving in TENANT will be provided with a check-in inspection form. This form should be completed and returned to LANDLORD no later than ten (10) days after taking occupancy. TENANT agrees that failure to complete this form will be legally binding proof that the expiration property is in good condition at the time of occupancy. TENANT agrees to notify LANDLORD immediately if roof leaks, water spots appear or earlier termination at the first sign of this Leaseinsect damage. LANDLORD warrants that all major systems will be functional and in good repair at the time of possession. Light switches, Tenant wall plugs, doors, windows, faucets, drains, locks, toilets, sinks, heater, etc. will either be working order or will be repaired after TENANT has notified LANDLORD. TENANT are encouraged to report any necessary repairs, no matter how slight, in writing, but they are hereby advised that LANDLORD does not normally repair or replace non-functional items such as paint, carpets, etc., every time a property changes possession. Neither the LANDLORD nor its agents have made any representations as to the condition of the building, the land upon which it is erected or the leased premises unless expressly set forth herein. The TENANT has inspected the premises and accepts the same "as is" and acknowledges that the leased property was in good condition at time of possession was taken. The LANDLORD shall surrender not be responsible for any latent or other defect or condition in the Premises building, improvements and land, including but not limited to Landlord, broom any damage caused or alleged to be caused by the presence of radon or asbestos containing material or any other similar cause whatsoever. Good housekeeping is expected of everyone. TENANT agrees to keep premises clean and in good condition an orderly condition, if this covenant is breached, LANDLORD may give TENANT a three-day notice to comply. If TENANT fails to do so, LANDLORD may enter premises, clean same and repaircharge TENANT for cleaning. TENANT agrees not to permit any deterioration or destruction to occur while they are occupying the premises they agree to maintain the walls, except woodwork, floors, furnishings, fixtures, appliances, windows, doors, screens, fences, plumbing, heating, electrical and mechanical systems as well as the general structure and appearance of the property. Grease, oil, coffee grounds, fibrous materials or tampons must not be flushed down toilets or drains. TENANT is responsible for ordinary wear blockage to sewage or drain pipes, and tear any overflow from same. TENANT shall not play musical instruments, radio, T.V. or stereo loud enough to be heard by other TENANT or neighbors. TENANT may not play music outdoors. TENANT will respect the rights of other TENANT and their neighbors and will be responsible for the conduct of their guests. They agree to conduct themselves in a way that Tenant will not interfere with the quiet enjoyment of the adjacent or surrounding neighbors, if LANDLORD deems TENANT's conduct to be offensive and objectionable or if TENANT engages in any illegal activity, LANDLORD shall give TENANT notice of such determination and TENANT will thereafter remove himself from the premises on or before the expiration of a ten- day period. TENANT shall store garbage in metal or plastic containers. Garbage must be put in designated area and earned to curb no sooner than 3 p.m. the day prior to pickup, not later than 5:30 a.m. on collection day. TENANTS ARE RESPONSIBLE FOR PURCHASING & USING TRASH TAGS. TENANT agrees to abide by and laws pertaining to recycling and garbage regulations established by local municipalities or government authority. Laws pertaining to recycling and garbage regulations may be obtained from the Property Manager. TENANT shall be responsible for all costs associated with the removal of trash generated by their apartment. This includes an annual solid waste xxxx. This is a fee to pay for the cost of non-disposal related items. This xxxx will be sent to you by the LANDLORD. A $1.00 per day late fee will be charged after the due date if this xxxx goes unpaid it will be deducted from your security deposit, along with the appropriate late fees When trash is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises properly removed at multiple unit dwellings and the Building LANDLORD is unable to Landlord. Upon Tenant’s vacation of the Premisesdetermine, Tenant shall remove all portable furnitureafter reasonable effort, trade fixtureswhose trash It is, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall ALL OF THE TENANTS will be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant jointly responsible for the proceeds thereofcost of removing this trash. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant TENANT shall be liable for city fines imposed for violation of garbage or recycling rules. Containers must be returned to Landlord garbage area promptly after pickup. TENANT is responsible for Landlord’s costs maintaining designated garbage storage area in an orderly manner Violation of removing, storing and disposing any provision in this section will result in a minimum charge of such itemsS25.00 for clean-up by LANDLORD.

Condition of Premises. Upon Landlord shall deliver the expiration Demised Premises to Tenant on the Commencement Date "broom clean" and in all "as is" condition. Tenant shall be responsible for all leasehold improvements at its own cost and expense in accordance with Paragraph 11c. Tenant acknowledges that the existing parking facilities are and will be adequate for Tenant's purposes throughout the term hereof As of the Commencement Date, all of the Demises Premises' mechanical and electrical systems shall be in working order and the roof, windows and doors shall be free of leaks. Except as specifically provided herein, Landlord makes no representation as to the design, construction, physical condition, development or earlier termination use of the Demised Premises. Tenant acknowledges, represents and agrees that except as specifically set forth in this Lease, no representations or warranties of any kind have been made by Landlord or its agents or representatives, whether expressed or implied, in fact or by law, Tenant acknowledges that it has examined the Demised Premises and has received same in "as is" condition except as expressly set forth herein. Without limiting tile generality of the foregoing, Tenant acknowledges, represents and agrees that no representations have been made by Landlord as to tile expenses, operations and maintenance thereof, the services to be rendered to the Demised Premises, or the utilities, water supply or other services to or for the Demised Premises and Tenant agrees to accept same in their existing "as is" condition as of the date hereof Landlord shall surrender not be responsible for any latent or other defects or changes in the condition of the Demises Premises. The rent and other charges reserved hereunder shall in no case be withheld or diminished on account of any damage or loss occurring to the Demised Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under during the provisions term of this Lease. Tenant Landlord shall deliver all keys have no obligation to the Premises and the Building to Landlord. Upon Tenant’s vacation perform any work therein (including, without limitation, demolition of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and any improvements existing therein or construction of any tenant finish-work or other items of personal property (unless prohibited from doing so under Section 20.2improvements therein), and shall remove not be obligated to reimburse Tenant or provide an allowance for any Alterations (whether costs related to the demolition or not made with Landlord’s consent) that construction of improvements therein. Before Tenant may occupy the Demised Premises to conduct its business therein, Tenant shall, at its expense, obtain and deliver to Landlord may (at Landlord’s electiona certificate of occupancy for the Demised Premises from the appropriate governmental authority. Between the date hereof and the Commencement Date, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage have the right to inspect the Premises caused by such removal and shall restore the Demised Premises to its prior conditiondetermine the existence of any violations of governmental laws, all at rules, regulations or ordinances or the existence of any material structural or mechanical defects in the Demised Premises. During such time period, Tenant shall also apply for a Certificate of Occupancy or similar certificate if such is required for Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning 's occupancy of the Demised Premises. If Tenant's inspection reveals any of the above defects or if a Certificate of Occupancy is required but not obtainable on or before the Commencement Date, Tenant fails shall provide notice thereof to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have a reasonable period to correct such defect or obtain such Certificate and the Commencement Date (and all other dates herein) shall be adjourned until Landlord cures such defect or obtains such Certificate. If Landlord is unable to do so within sixty (60) days of notice, either party shall have the right to remove and retain or dispose of terminate this Lease on notice to the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsother.

Condition of Premises. Upon The Tenant acknowledges that the expiration said property is in good condition. If there is anything about the condition of the property that is not good, they agree to report it to Landlord within three (3) days of taking possession of the property. They agree that failure to file any written notice of defects will be legally binding proof that the property is in good condition at the time of occupancy. Inventory and Inspection Record An Inventory and Inspection Record has been provided for the Tenant's use. Only after this has been filled out (within the three (3) day time limit) will the Landlord take any action to complete the necessary repairs. Landlord warrants that all major systems will be functional and in good repair at time of possession. Light switches, wall plugs, doors, windows, faucets, drains, locks, toilets, sinks, heater, etc., will either be in working order or earlier termination will be repaired once Tenant has completed the Inspection and Inventory Record. Tenant is encouraged to report any necessary repairs, no matter how slight, in writing, but they are hereby advised the Landlord does not normally repair or replace nonfunctional items such as paint, carpets, etc., every time a property changes possession. Those items are scheduled for repair/replacement at regular intervals regardless of this Lease, tenant turnover. Tenant shall surrender the Premises Responsibility Good housekeeping is expected of everyone. Tenant agrees to Landlord, broom keep quarters clean and in good condition sanitary condition. The Tenant agrees not to permit any deterioration or destruction to occur while they are occupying the property. They agree to maintain the walls, woodwork, floors, furnishings, fixtures and repairappliances (if any), except for ordinary wear windows, screens, doors, plumbing, air-conditioning and tear that heating, electrical and mechanical systems, as well as the general structure and appearance of the property. Tenant agrees to follow all Landlord instructions, especially where posted. Snow Removal Tenant is not otherwise obligated to remedy under responsible for removal of snow from the provisions public sidewalk associated with his home. Snow should be removed per city of this LeaseBoulder Ordinance. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become Mailbox The mailbox is the property of the Landlord and Landlord shall have the right is not to remove and retain or dispose of the same be altered in any manner, without any obligation to account to Tenant for way by the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsTenant.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender Landlord is leasing the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner“as is”, without any obligation to account alter, remodel, improve, repair or decorate any part of the Premises and without any express or implied representations or warranties of any kind, including, without limitation, any representation or warranty regarding the condition of the Premises, the Building or the Project or the suitability of any of the foregoing for the conduct of Tenant’s business, except that Landlord shall deliver the Building Systems serving the Premises in good working condition (and with the roof of the Building in watertight condition). If it is determined that the Building Systems serving the Premises were not in good working condition, or that the roof of the Building was not in watertight condition, as of the Commencement Date, Landlord shall not be liable to Tenant for any damages, but as Tenant’s sole remedy, Landlord, at no cost to Tenant, shall perform such work or take such other action as may be necessary to place the proceeds thereofBuilding Systems in good working condition and place the roof of the Building in watertight condition. In addition, Landlord, at no cost to Tenant, shall repair (a) any defect in the Building Systems of which Tenant waives all claims against gives Landlord for written notice within six (6) months after the Commencement Date, and (b) any damages to defect in the roof of the Building that renders the roof not watertight of which Tenant resulting from Landlord’s retention or disposition of such Alterations or personal propertygives Landlord written notice within six (6) months after the Commencement Date. Tenant shall cause the Tenant Improvements to be liable completed in accordance with the Tenant Improvement Agreement attached as Exhibit C. Tenant agrees and acknowledges that the Commencement Date shall not be delayed as a result of any delays which may occur in the completion of any improvements to Landlord for Landlord’s costs the interior of removing, storing and disposing of such itemsthe Premises.

Condition of Premises. Upon On the expiration last day or earlier sooner termination of this Leasethe Term, Tenant shall quit and surrender the Premises to Landlord, broom clean and clean, in good order, condition and repairrepair as required by Section 9.2, together with all alterations, additions and improvements made in, to or on the Premises, except for ordinary wear movable furniture and tear Tenant's trade fixtures installed at the expense of Tenant, except that Tenant is not otherwise obligated shall ascertain from Landlord within thirty (30) days before the end of the Term whether Landlord desires to remedy under have the provisions of this Lease. Tenant shall deliver all keys Premises, or any part or parts thereof, restored to the condition in which the Premises were delivered to Tenant, or to their condition prior to making any alteration, addition or improvements thereto, and if Landlord shall so desire, then Tenant shall, at Tenant's sole cost and expense, so restore the Building to Landlord. Upon Tenant’s vacation Premises, or such part or parts thereof, before the end of the PremisesTerm. On or before the end of the Term, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of its personal property (unless prohibited from doing so under Section 20.2)the Premises, and all property of Tenant not removed hereunder shall remove any Alterations (whether or not made with be deemed, at Landlord’s consent) that 's option, to be abandoned by Tenant and Landlord may (store such property in Tenant's name at Landlord’s electionTenant's expense, made at and/or dispose of the time such Alterations were installed) require Tenant to removesame in any manner permitted by law. Tenant shall repair any and all damage to the Premises caused by such Tenant's removal and shall restore of its furniture, trade fixtures or property hereunder. If the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning surrendered as of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose end of the same Term in any mannerthe manner and condition herein specified, without any obligation to account to Tenant for the proceeds thereof. Tenant waives shall indemnify, defend, protect and hold Landlord harmless from and against all claims against Landlord for any damages to Tenant loss, liability, cost or expense (including reasonable attorneys' fees) resulting from Landlord’s retention or disposition of caused by Tenant's delay or failure in so surrendering the Premises, including any claims made by any succeeding tenant due to such Alterations delay or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsfailure.

Condition of Premises. Upon The Tenant hereby accepts the expiration or earlier termination premises in the present condition at the date of the execution of this Leaselease and that unless referenced in this lease, the Tenant has not identified any problems with the premises. The Tenant agrees not to permit or allow the premises its appurtenances, fixtures, equipment, and other property of the Lessor to be damaged or depreciated in value by any act of omission of Tenant, Tenant’s family, guests or invitees. In addition the Tenant is to use proper care and diligence in taking care of the premises. The Tenant specifically agrees that no tacks, nails or screws will be driven into the woodwork or walls, except that small nails may be placed in the walls provided Tenant repairs all holes in the walls or ceiling in a manner and of a quality that the repaired area is restored into its original condition and that said repair shall be solely at the expense of the Tenant. Tenant further agrees to pay for any damage done by rain, wind, or hail caused by leaving windows open and for overflow of water or stoppage in waste pipes, the breakage of glass, or damage to screens that can be shown to be the result from action or inaction of said Tenant. The Tenant shall immediately pay to the Lessor as additional rent all expenses incurred by the Lessor for repairs to the premises rendered necessary by misuse or neglect of the Tenant, Tenant’s family, guests or invitees. The Tenant shall surrender the Premises premises to Landlordthe Lessor upon the earlier termination or expiration of this lease in good order, broom repair, and in a safe, clean and in good condition and repairtentantable condition, except for ordinary normal wear and tear that Tenant is excepted. If the premises are not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed surrendered in a timely manner satisfactory to Landlord and shall includeby Tenant, but are not limited to, then the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable responsible to Landlord the Lessor for Landlordall cleaning and damages that the Lessor shall suffer by reason thereof, including but not limited to the Lessor’s costs of removing, storing and disposing of such itemsany and all attorneys fees.

Condition of Premises. Upon Landlord shall deliver the expiration Premises to Tenant in broom-clean condition and free of debris, with the existing Building-standard electrical, plumbing, and HVAC systems (collectively, the "Operating Systems") in good operating condition as of the Turnover Date (as defined in the Work Letter attached hereto as Exhibit C). If one of such Operating Systems or earlier termination elements should malfunction or fail within the warranty period below, as Tenant's sole remedy for Landlord's breach of this warranty, Landlord shall, as Landlord's sole obligation, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, repair or replace the same, if necessary, at Landlord's expense; provided, however, Landlord shall have no liability hereunder for repairs or replacements necessitated by the acts or omissions of Tenant and/or any of Tenant's Parties. The warranty period shall be thirty (30) days after Lease Commencement of the Premises . If Tenant does not give Landlord the required notice within said warranty period, repair of the Operating Systems which exclusively service the Premises shall be the obligation of Tenant at Tenant's sole cost and expense. Tenant acknowledges that, except as otherwise expressly set forth in this Lease, Tenant shall surrender the Premises (i) neither Landlord nor any agent of Landlord has made any representation or warranty with respect to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, the Building or the Property or their condition, or with respect to the suitability thereof for the conduct of Tenant's business, and Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)accept the Premises in its then as-is condition on delivery by Landlord, and shall remove any Alterations (whether or not made with Landlord’s consentii) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. acceptance of possession of the Premises by Tenant shall establish that the Premises, the Building and the Property were at such time complete and in good, sanitary and satisfactory condition and repair with all damage work required to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord by Landlord, if any, completed and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation on Landlord's part to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for make any damages to Tenant resulting from Landlord’s retention further alterations, upgrades or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.improvements thereto

Condition of Premises. Upon Prior to the expiration or earlier termination of this LeaseCommencement Date and in accordance with the Work Schedule to be prepared by Landlord and Tenant pursuant to the Work Letter Agreement attached hereto as Exhibit C, Landlord and Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions jointly conduct a walk-through inspection of this Lease. Tenant shall deliver all keys to the Premises and shall jointly prepare a list (the Building "Punch-List") of items needing additional work; provided, however, the Punch- List shall be limited to Landlord. Upon Tenant’s vacation of items required to be installed by landlord under the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs Work Letter Agreement and other the Punch-List will not include any items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior conditionTenant's move-in or early entry, all if permitted. Damage caused by Tenant will be corrected or repaired by Landlord, at Tenant’s 's expense. Such repairs shall be performed Other than the items specified in a manner satisfactory to Landlord and shall includethe Punch-List, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning by taking possession of the Premises. If , Tenant fails will be deemed to remove any items have accepted the Premises and the Building in their condition on the date of delivery of possession and to have acknowledged that Landlord has installed the Tenant has an obligation to remove under this Section when Improvements as required by the work Letter Agreement and that there are no additional items needing work or repair. Landlord shall cause all items set forth in the Punch-List to be repaired or otherwise, such items shall, at Landlord’s option, become corrected within thirty (30) days following the property preparation of the Punch-List or as soon as reasonably practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor any agent of Landlord and Landlord shall have has made any representation or warranty with respect to the right Premises, the Building, the Project or any portions thereof or with respect to remove and retain the suitability of same for the conduct of Tenant's business. Without limiting the foregoing, if the Building is newly constructed or dispose renovated, Tenant's execution of the same in any mannerNotice attached hereto as Exhibit D shall constitute a specific acknowledgment and acceptance of the various start-up inconveniences that may be associated with the use of the Project and the Common Areas such as certain construction obstacles including scaffolding, without any obligation uneven air conditioning services and other typical conditions incident to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention recently constructed or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsrenovated buildings.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building building(s) of which the Premises are a part to Landlord. Upon Tenant’s 's vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so the same under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s 's consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s 's expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s 's option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s 's retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s 's costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination of this LeaseLandlord's sole construction obligations, if any, regarding Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except Improvements for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building obligations of Tenant with respect to Landlordthe Tenant Improvements, are set forth in the Work Letter attached as Exhibit "C". Upon Tenant’s vacation of the Premises, It is acknowledged and agreed that all Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so ----------- Improvements under Section 20.2), this Lease are and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord from and Landlord after their installation. The taking of possession or use of the Premises by Tenant for any purpose other than as provided in Section 3.3 shall conclusively establish that Tenant has inspected the Premises and accepts them as being in good and sanitary order, condition and repair and that the Tenant Improvements have been constructed in accordance with the Plans; provided, however, Tenant shall have the right to remove and retain or dispose a period of thirty (30) days after taking possession of the same Premises in which to notify Landlord in writing of any mannerconstruction deficiencies or defects and any uncompleted punch list items (the punch list shall be limited to items required to be accomplished by Landlord under the Work Letter) and, without any obligation to account to Tenant for the proceeds thereof. Tenant waives except as hereafter provided, Landlord will repair, replace or complete at its expense all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition items referenced in such notice within thirty (30) days after receipt of such Alterations notice, subject to Unavoidable Delay, or personal propertyas soon thereafter as Landlord, acting in good faith, can repair, replace or complete the same. Tenant If Landlord reasonably contends that a particular item in such notice is not justified, the parties will refer the issue to Landlord's Space Planner for resolution. Landlord's Space Planner's determination shall be liable final and binding upon the parties. Nothing in this Section 3.6 shall limit or expand Landlord's maintenance and repair obligations set forth in Article IX. Article XVIII notwithstanding, Tenant's acceptance of the Premises is with the understanding that, as other tenants lease space in the Building from time to Landlord for Landlord’s costs time, certain noise, distractions and other inconveniences with respect to the Project (including the Building and the parking area) may result from the construction or renovation of removing, storing and disposing tenant improvements or the moving of such itemsother tenants into their premises.

Condition of Premises. Upon the expiration or earlier termination Lessee acknowledges receipt of this Lease, Tenant shall surrender the Premises to Landlord, broom in a clean condition and in good condition order and repair, without exception, except for ordinary wear such deficiencies as Lessee sets forth in a written list of deficiencies supplied by Lessee to Lessor within 3 days of the commencement of tenancy. This requirement is intended to protect Lessee against erroneous charges. Lessee acknowledges receipt of an Inventory and tear that Tenant Condition Report to be completed and returned to Lessor to be used for such purpose. Lessee shall: (a) keep the Premises in a clean and sanitary condition; (b) dispose of all rubbish, garbage and waste in a clean and sanitary manner; (c) properly use and operate all electrical, gas and plumbing fixtures and keep the same in a clean condition; (d) not permit any person, in or about the Premises with Lessee’s consent, to deface, damage or remove any part of the structure in which the Premises are located nor the facilities, equipment or appurtenances thereto or thereon, nor himself/herself to do any such thing; (e) occupy and use the Premises in the manner in which they are designated and intended to be occupied and used. Lessee shall be liable for the expense of any repair caused by Lessee’s failure to comply with conditions. Lessee shall not alter the Premises nor wallpaper any portion thereof, nor repair any damage thereto, except with Lessor’s written consent before or after an initial inspection on termination per Civil Code Section 1950(b). Lessee is not otherwise obligated to remedy under the provisions of this Lease. Tenant do any repair-of-damage work or cleaning only through licensed, insured professionals approved in advance by Lessor in writing and to provide Lessor with releases from such individuals evidencing full payment for any such repair or cleaning work, Lessee shall deliver all keys to not install or use any dishwasher, clothes washer, clothes dryer or air conditioner in or about the Premises and the Building to Landlordexcept those which may be supplied by Lessor. Upon Tenant’s vacation of MOLD FREE: On moving in, Lessee will carefully inspect the Premises, Tenant particularly the bathroom and all window tracks throughout the Premises, for mold. If mold is found, LESSEE will report it to the Lessor within 3 days of taking occupancy by way of providing Lessor with a written maintenance request form. Lessor shall remove all portable respond to same with reasonable promptness. If mold is not so reported, it shall be conclusively presumed that the Premises were delivered to Lessee mold free. Lessee understands that any growth of mold is primarily due to conditions over which Lessee, not Lessor, has control, namely moisture and ventilation. Lessee agrees to (1) Wipe down shower interiors and fixtures following each use, (2) “Crack” the bathroom window during or immediately following showering, so as to ventilate steam/moisture, and (3) If there is a fan in the bathroom, run it while showering. Any amenities that do not affect the habitability of the Premises such as swimming pools, barbeque areas, and patio or picnic furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether may be reduced or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made removed at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to Lessor’s sole discretion and the Premises caused by such reduction or removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant amenity shall be liable to Landlord for Landlord’s costs not constitute a material breach of removing, storing and disposing of such itemsthis Lease Agreement.

Condition of Premises. Upon The Tenant acknowledges that the expiration said property is in good condition. If there is anything about the condition of the property that is not good, they agree to report it to Landlord within 3 days of taking possession of the property. They agree that failure to file any written notice of defects will be legally binding proof that the property is in good condition at the time of occupancy. Inventory and Inspection Record An Inventory and Inspection Record has been provided for the Tenant's use. Only after this has been filled out (within the three-day time limit) will the Landlord take any action to complete the necessary repairs. Landlord warrants that all major systems will be functional and in good repair at time of possession. Light switches, wall plugs, doors, windows, faucets, drains, locks, toilets, sinks, heater, etc., will either be in working order or earlier termination will be repaired once Tenant has completed the Inspection and Inventory Record. Tenant is encouraged to report any necessary repairs, no matter how slight, in writing, but they are hereby advised the Landlord does not normally repair or replace nonfunctional items such as paint, carpets, etc., every time a property changes possession. Those items are scheduled for repair/replacement at regular intervals regardless of this Lease, tenant turnover. Tenant shall surrender the Premises Responsibility Good housekeeping is expected of everyone. Tenant agrees to Landlord, broom keep quarters clean and in good condition sanitary condition. The Tenant agrees not to permit any deterioration or destruction to occur while they are occupying the property. They agree to maintain the walls, woodwork, floors, furnishings, fixtures and repairappliances (if any), except for ordinary wear windows, screens, doors, plumbing, air-conditioning and tear that heating, electrical and mechanical systems as well as the general structure and appearance of the property. Tenant agrees to follow all Landlord instructions, especially where posted. Snow Removal Tenant is not otherwise obligated to remedy under responsible for removal of snow from the provisions of this Leasepublic sidewalk associated with his home. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation Snow should be removed before noon of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at day following the time such Alterations were installed) require Tenant to removesnowfall. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become Mailbox The mailbox is the property of the Landlord and Landlord shall have the right is not to remove and retain or dispose of the same be altered in any manner, without any obligation to account to Tenant for way by the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsTenant.

Condition of Premises. Upon Except as set forth herein and in Exhibit “C” attached hereto, Landlord shall not be responsible for performing any work or improvements to the expiration Expansion Premises or earlier termination paying for any work or improvements to the Expansion Premises and Tenant accepts the Expansion Premises in its “AS IS, WHERE IS” condition, with all faults. Notwithstanding the foregoing, (i) Landlord shall deliver the Expansion Premises free of this Leaseany furniture utilized by the existing tenant within the Expansion Premises, provided, however, Landlord will use reasonable efforts to facilitate discussions between Tenant shall surrender and the existing tenant regarding the transfer of furniture currently existing within the Premises to LandlordTenant and Landlord will not be required to remove any such furniture identified by Tenant in writing to Landlord from the Premises to the extent such furniture remains within the Premises upon transfer of possession of the Premises to Tenant, broom clean and (ii) Landlord hereby agrees to deliver the Expansion Premises to Tenant with all Building Systems serving the Expansion Premises in good condition working order and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and which shall include, but for purposes of this Amendment the drive-up loading dock door and appurtenant scissor lift. Upon receipt from existing tenant, Landlord shall also deliver to Tenant a copy of any decommissioning reports for or related to the Expansion Premises and any equipment therein. In addition, prior to the Expansion Premises Commencement Date, Landlord shall retain a licensed third party to inspect the Expansion Premises for any existing asbestos containing materials (“ACM”) and deliver a report to the Tenant evidencing the findings of such inspection. To the extent any ACM are not limited todiscovered, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shallshall be responsible, at Landlord’s optionits sole cost and expense, become to cause any and all such ACM to be removed or contained pursuant to applicable law. In the property of event that, despite reasonable good faith efforts, Landlord and is unable to cause all ACM to be removed or contained prior to the Expansion Premises Commencement Date, Landlord shall have the right right, upon written notice to remove and retain Tenant, to extend the Expansion Premises Commencement Date until such date that all ACM is removed from or dispose contained within the Expansion Premises pursuant to applicable law. Failure by Landlord to complete the removal or containment of all ACM on or before the April 1, 2021 shall constitute a Landlord Delay to the extent it causes a delay in substantial completion of the same Tenant’s Work in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsExpansion Premises.

Condition of Premises. Upon Except as expressly set forth in this Lease and in the expiration Tenant Work Letter, Landlord shall not be obligated to provide or earlier termination pay for any improvement, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of this Leasethe Premises, and Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to accept the Premises and the Hazmat Storage Space in its "As Is" condition on the Lease Commencement Date: provided, however, in the event that, as of the Lease Commencement Date, the Base, Shell and Core of the Building (as defined in Section 1 of Exhibit B) which includes the Systems and Equipment, the base building HVAC, plumbing, life safety and electrical systems of the Building as well as the roof and roof membrane, in its condition existing as of such date (A) does not comply with applicable laws, seismic, fire and life safety codes, and the ADA (to the extent applicable), in effect as of the date hereof, or (B) contains latent defects, then Landlord shall be responsible, at its sole cost and expense which shall not be included in Operating Expenses (except as otherwise permitted in Section 4.2 hereof), for correcting any such non-compliance to the extent required by applicable laws, and/or correcting any such latent defects as soon as reasonably possible after receiving notice thereof from Tenant. Notwithstanding the foregoing, if Tenant fails to give Landlord written notice of any such latent defects described in clause (B) hereinabove within six (6) months after the Lease Commencement Date, then the correction of any such latent defects shall, subject to Landlord's repair obligations in Section 7.2 hereof (and to the extent such correction is a responsibility of Tenant pursuant to Section 7.1 hereof), be Tenant's responsibility at Tenant's sole cost and expense. Upon Tenant’s vacation Pursuant to Civil Code Xxxxxxx 0000, Xxxxxxxx xxxxxx that, as of the date hereof, the Premises has not undergone inspection by a Certified Access Specialist ("CASp") to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Tenant also acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, Tenant shall remove all portable furniturethe Building, trade fixturesor the Project or their condition, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage respect to the Premises caused by such removal and shall restore suitability thereof for the Premises to its prior condition, all at conduct of Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include's business (including, but are not limited to, any zoning/conditional use permit requirements which shall be Tenant's responsibility and Tenant's failure to obtain any such zoning/use permits (if any are required) shall not affect Tenant's obligations under this Lease). Except as otherwise provided above and in the following: capping all plumbingTenant Work Letter, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning the taking of possession of the Premises. If Premises by Tenant fails to remove any items shall conclusively establish that the Premises (including the Tenant has an obligation to remove under this Section when required by Landlord or otherwiseImprovements therein), the Building and the Project were at such items shalltime complete and in good, at Landlord’s option, become the property of Landlord sanitary and Landlord shall have the right to remove satisfactory condition and retain or dispose of the same in any manner, without any obligation on Landlord's part to account to Tenant for the proceeds thereofmake any alterations, upgrades or improvements thereto. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing843078.08/SD374622-00033/8-4-16/MLT/dek -2- GENESIS SSF - ONE TOWER PLACE[Achaogen, storing and disposing of such items.Inc.]

Condition of Premises. Upon Tenant acknowledges that he/she has examined the expiration or earlier termination Leased Premises, including all appliances and equipment therein, the Building and common areas (the “Grounds”). By signing this Lease, Xxxxxx agrees that they are, on the date of this Lease, Tenant shall surrender the Premises to Landlordin good order, broom clean repair and in good condition a safe, clean, and tenantable condition, unless otherwise noted on the Report (Exhibit B), which Report shall be deemed correct unless Tenant objects thereto in writing within five days after receipt thereof. Xxxxxx also acknowledges that Xxxxxxxx has made no promises to alter, repair, or improve the Leased Premises, except for ordinary wear and tear that Tenant as noted in the Report. In the Report, Landlord shall disclose whether there is not otherwise obligated to remedy under any visible evidence of mold in areas readily accessible within the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation interior of the Premisesdwelling unit. If the Report states that there is no visible evidence of mold in the dwelling unit, this written statement shall be deemed correct unless Tenant objects thereto in writing within five days after receiving the Report. If the Report states that there is visible evidence of mold in the dwelling unit, Tenant shall remove all portable furniturehave the option to terminate the tenancy and not take possession or remain in possession of the dwelling unit. If Tenant requests to take possession, trade fixturesor remain in possession, machineryof the dwelling unit, equipmentnotwithstanding the presence of visible evidence of mold, signs Landlord shall promptly remediate the mold condition but in no event later than five business days thereafter and re-inspect the dwelling unit to confirm there is no visible evidence of mold in the dwelling unit and reflect on a new Report that there is no visible evidence of mold in the dwelling unit upon re-inspection. Landlord will inspect the unit at least once a year to check for needed maintenance, tenant housekeeping, and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Lease compliance issues. Landlord may (at Landlord’s election, made will inspect the unit at the time such Alterations were installed) require Tenant to removevacates the unit and shall give Tenant a written statement of the charges, if any, for which Xxxxxx is responsible, in accordance with Paragraph 7 and applicable law. Tenant shall repair all damage or representative may join in the move- out inspection, unless Tenant vacates without notice to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon The Premises are subleased to Subtenant upon and subject to the expiration or earlier termination terms and conditions herein set forth, in their “as-is” condition existing on the date of this LeaseAgreement, Tenant without requiring any alterations, improvements, repairs or decorations to be made by Sublandlord, or at Sublandlord’s expense, at the time possession is given to Subtenant, except as set forth in Section 12 of this Agreement. Notwithstanding the foregoing, Sublandlord and Sublandlord’s sole cost and expense, shall surrender demise the Premises to Landlordfrom the 48th floor of the Building by installing a temporary enclosure in accordance with the plans attached hereto as Exhibit D (the “Stairs Enclosure”), broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under which will remain during the provisions entire term of this LeaseAgreement. Tenant shall deliver all keys to As part of the Premises Stairs Enclosure, Sublandlord will match existing finishes within the Premises. Subtenant hereby acknowledges and agrees that the Building to Landlord. Upon Tenant’s vacation Stair Enclosure work may proceed after it takes possession of the Premises, Tenant and that such work may be conducted during normal business hours. While Sublandlord shall remove all portable furnituretake commercially reasonable measures to mitigate any disruption in Subtenant’s operations or construction of the Improvements by Tenant, trade fixturesSublandlord shall not be in default of this Agreement, machinerynor shall any delays caused by the completion of the Stair Enclosure work affect any of Tenant’s obligations hereunder; provided, equipmenthowever, signs and other items of personal property if the Stairs Enclosure is not completed in accordance with the plans attached hereto as Exhibit D on or before thirty (unless prohibited from doing so under Section 20.230) days following the Sublease Commencement Date (as defined below), Subtenant shall have the right, after at least five (5) days written notice to Sublandlord, to complete the Stairs Enclosure and deduct the actual cost of such work from future Rent payable by Subtenant. Notwithstanding the foregoing Sublandlord’s architect shall remove any Alterations (whether or not made provide a design and pricing plan to create a reception area with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of elevator identity within the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become Sublandlord shall pay the property of Landlord cost and Landlord shall have the right to remove and retain or dispose expense of the same in original plan and one revision thereto, with any manner, without any obligation to account to Tenant for further revisions thereto being taken out of the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsImprovement Allowance (hereinafter defined).

Condition of Premises. Upon Landlord warrants and covenants to Tenant that, as of the expiration Lease Term Commencement Date: (a) the Building Shell shall be constructed in accordance with Landlord's Plans, as modified pursuant to the terms of the Work Letter; (b) the electrical, plumbing or earlier termination mechanical systems in the Building ("Building Systems") shall be new, properly installed and in good working order; (c) to Landlord's actual knowledge, the Building Shell shall comply with the American's with Disabilities Act, except for such noncompliance as shall not have a material adverse effect on Tenant's rights or obligations under this Lease or Tenant's ability to use the Premises; and (d) to Landlord's actual knowledge, there shall be no Hazardous Substances located in, on or about the Building or the Premises, except for such Hazardous Substances brought on the Premises or Project by Tenant pursuant to the provision of this LeaseArticle 14 . Tenant shall notify Landlord within thirty (30) days after Tenant becomes aware of any breach of the foregoing warranty and covenant; provided, however, Tenant shall surrender have no recourse against Landlord for any breach of the Premises to Landlord, broom clean foregoing warranty and in good condition and repair, except for ordinary wear and tear covenant that Tenant is not otherwise obligated to remedy under the provisions could have been discovered by a visual inspection of this Lease. Tenant shall deliver all keys to the Premises and the public spaces located within the Building unless Tenant notifies Landlord of such breach within thirty (30) days after the Lease Commencement Date. With respect to Landlord. Upon Tenant’s vacation the covenants and warranties in this Section 1.07, Landlord shall repair or replace the defective elements of the PremisesBuilding Shell or Building Systems at its own cost and not as an Operating Expense within thirty (30) days after Landlord receives notice of such defect from Tenant; provided, however, if by the nature of such correction more than thirty (30) days is required to effect such correction, Landlord shall not be in default hereunder if such correction is commenced within such thirty (30) days period and is diligently pursued to completion. So long as Landlord satisfies the covenant set forth in the preceding sentence, Tenant shall remove all portable furniturehave no other remedy for the failure of the covenants and warranties set forth in this Section 1.07. Except as otherwise set forth in this Section 1.07, trade fixtures, machinery, equipment, signs Landlord makes no representations and warranties regarding the condition of the improvements in the Premises or their fitness for Tenant's intended use. Landlord shall have no obligation to make any other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage improvements to the Premises caused and, to the maximum extent permitted by such removal and shall restore law, Tenant hereby agrees to accept the Premises to its prior in their "as-is" condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon If Landlord has agreed to construct any Tenant Improvements, within thirty (30) days after completion of the expiration or earlier termination of this LeaseTenant Improvements, Tenant shall surrender conduct a walk--through inspection of the Premises to Landlord, broom clean with Landlord and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions complete a punch-list of this Lease. Tenant shall deliver all keys to the Premises and the Building to items needing additional work by Landlord. Upon Tenant’s vacation Other than the items specified in the punch-list, by taking possession of the Premises, Tenant shall remove be deemed to have accepted the Premises in good, clean and completed condition and repair, subject to all portable furnitureapplicable laws, trade fixtures, machinery, equipment, signs codes and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant ordinances. The punch-list to remove. be prepared by Tenant shall repair all not include any damage to the Premises caused by such removal and Tenant's move-in, which damage shall restore be repaired or corrected by Tenant, at its expense. Tenant acknowledges that except as expressly set forth in this Paragraph 10, neither Landlord nor its Agents have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its Agents agreed to its prior condition, all at Tenant’s expense. Such repairs shall be performed undertake any Alterations or construct any Tenant Improvements to the Premises except as expressly provided in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premisesthis Lease. If Tenant fails to remove any submit a punch-list to Landlord within such thirty (30) day period, it shall be deemed that there are no items that needing additional work or repair. Landlord shall cause all reasonable punch-list items to be completed within thirty (30) days after the punch-list has been submitted to Landlord by Tenant, or as soon as practical xxxxxafter. Upon completion of such punch-list items, Tenant has an obligation shall approve such completed items in writing to remove under this Section when required by Landlord or otherwiseLandlord. If Tenant fails to approve such items within seven (7) days of completion, such items shallshall be deemed approved by Tenant. On the commencement of the term hereof, Landlord shall deliver the Premises to Tenant free of debris and in good working order, condition, and repair. Landlord represents and warrants to Tenant that on the commencement of the term hereof, the Premises and any tenant improvements to be constructed by Landlord (a) shall be free from material structural defects, and (b) shall comply with all applicable covenants and restrictions of record, statutes,'ordinances, codes, rules, regulations, orders, and requirements. In the event of any breach of the foregoing warranties, Landlords shall promptly rectify such breach at Landlord’s option's sole cost and expense. Landlord further represents and warrants to Tenant that as of the date of this Lease, become to the property best of Landlord's knowledge, the Premises, including the underlying soil and ground water, are free from contamination by any Toxic Materials. As used herein, "to the best of Landlord's acknowledge" shall mean to the current actual knowledge of Landlord, no duty being imposed upon Landlord to undertake any inspection or investigation of the physical condition of the Premises or the Property. Tenant acknowledges that Landlord has not conducted any testing of the Premises (including the underlying soil and ground water) to determine whether there is any contamination of the Premises by Toxic Materials, and that Landlord's representation and warranty is based solely on Landlord's current, actual knowledge. Landlord shall have the right to remove protect, indemnify, defend and retain or dispose hold Tenant harmless from and against any and all liability, loss, suits, claims, actions, costs and expenses, including attorneys' fees and costs arising from any contamination of the same in Premises (including the underlying land and ground water) by any mannerToxic Materials, without except to the extent that any obligation such contamination was caused or contributed to account to Tenant for by Tenant, its agents, employees, contractors, invitees or subtenants. For the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition purposes of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removingthis paragraph, storing and disposing of such items."

Condition of Premises. Upon Promptly after the expiration or earlier termination date of full execution and delivery of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s optionsole cost and expense, become cause the following work (“Landlord’s Work”) to be performed in the Premises using Project-standard materials and finishes only: (i) repaint all painted walls, (ii) clean all carpeted areas in the Premises, (iii) extend one (1) wall and install double doors to divide the lab area, all at a location reasonably designated by Landlord, and (iv) replace all broken or stained ceiling tiles and repair or replace blinds that are not in good working order. Landlord agrees to deliver possession of the Premises to Tenant in broom-clean condition. Landlord shall, if Tenant provides Landlord with a written request no later than June 30, 2006, replace the existing carpeting in the Premises with new Building-standard carpeting (“Landlord’s Special Work”) provided that Tenant reimburse Landlord, within ten (10) days of Landlord’s presentation of an invoice to Tenant, for (1) all costs incurred by Landlord to move Tenant’s furniture in connection with Landlord’s Special Work, and (ii) the carpet cleaning costs previously incurred by Landlord described above; provided, however, that in no event shall Landlord be responsible for moving Tenant’s files and other personal property unless the same are boxed (with protective packaging). Tenant agrees to use its best efforts to cooperate with Landlord in Landlord’s performance of Landlord’s Special Work and to not interfere with Landlord’s performance of Landlord’s Special Work. Tenant hereby acknowledges that Landlord’s performance of Landlord’s Special Work shall not be deemed a constructive eviction of Tenant, nor shall Tenant be entitled to any abatement of Rent in connection therewith. If there shall be a delay or there are delays in the substantial completion of the Landlord’s Work in the Premises as a result of any acts or omissions of Tenant, or its agents, or employees then, notwithstanding anything to the contrary set forth in this Lease and regardless of the actual date of the substantial completion of the Landlord’s Work in the Premises, the date of substantial completion thereof shall be deemed to be the date that substantial completion would have occurred if no Tenant delay or delays, as set forth above, had occurred. Except as provided in this Article 8, Tenant hereby agrees that the Premises shall be taken “as is”, “with all faults”, “without any representations or warranties”, and Tenant hereby agrees and warrants that it has investigated and inspected the condition of the Premises and the suitability of same for Tenant’s purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Project or the suitability of same for Tenant’s purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant’s business and Landlord shall have the right to remove Tenant expressly warrants and retain or dispose represents that Tenant has relied solely on its own investigation and inspection of the same Premises and the Project in any mannerits decision to enter into this Lease and let the Premises in the above-described condition. The existing leasehold improvements in the Premises as of the date of this Lease, without any obligation together with Landlord’s Work pursuant to account the first sentence of this Article 8, may be collectively referred to herein as the “Tenant for Improvements.” The taking of possession of the proceeds thereofPremises by Tenant shall conclusively establish that the Premises and the Project were at such time in satisfactory condition. Tenant hereby waives all claims against Landlord for subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California or any damages to Tenant resulting from Landlord’s retention or disposition successor provision of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemslaw.

Condition of Premises. Upon Tenant shall notify Landlord in writing within sixty (60) days after the expiration Substantial Completion of the Landlord Work of any defects in the Premises claimed by Tenant or earlier termination of this Leasein the materials or workmanship furnished by Landlord in completing the Landlord Work. Except for defects stated in such notice, Tenant shall surrender be conclusively deemed to have accepted the Premises “AS IS” in the condition existing on the date Tenant first takes possession. Landlord shall proceed diligently to correct the defects stated in such notice unless Landlord disputes the existence of any such defects. In the event of any dispute as to the existence of any such defects, the decision of Landlord’s architect shall be final and binding on the parties. No agreement of Landlord to alter, remodel, decorate, clean or improve the Premises or the Real Property and no representation regarding the condition of the Premises or the Real Property has been made by or on behalf of Landlord to Tenant, except as may be specifically stated in this Lease or the Workletter. As of the Commencement Date, Landlord warrants and represents that, to Landlord’s actual knowledge (i) the Premises, broom Building and the Project will comply with all applicable Laws, (ii) the Premises will be in good and clean operating condition and repair, (iii) the electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems serving the Premises and Building will be in good operating condition and repair, and (iv) the roof of the Building will be in good condition and repairwater tight. Notwithstanding the foregoing, except for ordinary wear Landlord, upon the receipt of evidence reasonably satisfactory to Landlord, shall reimburse the costs and tear expenses (in an amount not to exceed $15,000) (the “Cabling Allowance”) incurred by Tenant to connect Tenant’s network serving the Premises with Tenant’s network serving the space that Tenant is not otherwise obligated leases from Landlord’s Affiliate, located at 0000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxx. Landlord hereby authorizes Tenant to remedy under perform all work reasonably required by Tenant (including, without limitation, during the provisions of this Lease. early access period set forth in Section 2.2(b) above, subject to the terms and conditions therein) to connect Tenant’s networks and grants Tenant shall deliver all keys reasonable rights to access and use the existing conduit serving the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property PRI Premises (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consentas hereinafter defined) that Landlord may (at Landlord’s election, made at the time for such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemspurpose.

Condition of Premises. Upon (a) Lessor shall deliver the expiration Premises to Lessee clean and free of debris on Lease commencement date )unless Lessee is already in possession) and lessor further warrants to Lessee that the plumbing, lighting, air conditioning, heating, and loading doors in the Premises shall be in good operating condition on the Lease commencement date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within thirty (30) days after the Lease commencement date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder. The warranty contained in this paragraph 6.3(a) shall be of no force or earlier termination effect if prior to the date of this Lease, Tenant shall surrender Lessee was the owner or occupant of the Premises. (b) Except as otherwise provided in this Lease, Lessee hereby accepts the Premises to Landlord, broom clean and in good their condition and repair, except for ordinary wear and tear existing as of the Lease commencement date or the date that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation Lessee takes possession of the Premises, Tenant shall remove whichever is earlier, subject to all portable furnitureapplicable zoning, trade fixturesmunicipal, machinerycounty and state laws, equipment, signs ordinances and other items of personal property (unless prohibited from doing so under Section 20.2), regulations governing and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at regulating the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning use of the Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. If Tenant fails Lessee acknowledges that neither Lessor nor Lessor's agent has made any representation or warranty as to remove any items that Tenant has an obligation to remove under this Section when required by Landlord the present or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose future suitability of the same in any manner, without any obligation to account to Tenant Premises for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition conduct of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsLessee's business.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant Landlord shall deliver all keys to Tenant a copy of each final Exit Survey submitted by JCVI pursuant to the Premises and Assignment Agreement ("JCVI Exit Survey") upon Landlord's receipt, without any representation or warranty, express or implied, including but not limited to any representation or warranty regarding the Building to Landlord. Upon Tenant’s vacation accuracy or completeness of the Premises, Tenant JCVI Exit Survey. The delivery of such JCVI Exit Survey shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether not be deemed to be a representation or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at warranty regarding the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning physical or environmental condition of the Premises. If On the Revised Term Commencement Date, Landlord shall deliver possession of the Premises to Tenant fails in broom clean condition. Tenant acknowledges that (a) except as expressly provided in this Second Amendment or the Lease, Tenant agrees to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwisetake the Premises in its condition "as is" as of the first day of the Revised Term, such items shall, at Landlord’s option, become the property of Landlord and (b) Landlord shall have no obligation to alter, repair or otherwise prepare the right Premises for Tenant's continued occupancy for the Revised Term or to remove and retain pay for any improvements to the Premises, except as expressly provided in this Second Amendment or dispose the Lease. Tenant's taking of possession of the same Premises on the Revised Term Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building, the Building systems and the Project were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding the foregoing, at any mannertime during the first twenty-four (24) months of the Revised Term (the "Warranty Period"), without if any obligation standard HVAC units (but specifically excluding any specialized HVAC units added by Tenant, such as those units that may be required for manufacturing) serving the Premises shall fail to account be in good working order, then Tenant may deliver written notice to Landlord describing in reasonable detail such failure, and Landlord will perform the work necessary to put the HVAC unit in good working order with reasonable promptness and at Landlord's sole cost as Tenant's sole remedy for any such failure (and Tenant shall not be entitled to damages or any other remedy as a result of such failure, except as provided in Section 16.2 of the Lease); provided, however, that Landlord's obligations pursuant to the foregoing shall be limited to necessary repairs and/or replacements, as determined by Landlord in its reasonable discretion, and Tenant shall remain responsible for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition standard preventative maintenance and upkeep of such Alterations or personal propertyHVAC units in the ordinary course. Tenant During the Warranty Period, all costs which are the obligation of Landlord pursuant to this Section 9 shall be liable borne solely by Landlord and not included as Operating Expenses, provided Tenant (and not Landlord) shall be responsible for all costs, in whole or in part, that are incurred to Landlord for Landlord’s costs the extent attributable to the negligence or willful misconduct of removingTenant or any of its employees, storing and disposing of such itemscontractors or subcontractors.

Condition of Premises. Upon By entry hereunder upon delivery of possession of the expiration Premises to Tenant with work to be performed by Landlord substantially complete, Tenant accepts the Premises as being in the condition in which Landlord is obligated to deliver the Premises. Landlord shall maintain, replace and repair the structural parts of the Premises which shall include only the foundations, bearing and exterior walls (excluding glass but including exterior repainting), subflooring and roof (including replacement of the roof membrane), electrical, plumbing and sewerage systems lying outside the Premises, exterior doors (excluding glass) window frames, and gutters and downspouts. Landlord shall maintain a service contract for repairs and maintenance of the heating, ventilating and air conditioning system, said maintenance contract to conform to the requirements under the warranty, if any, on said system. Landlord shall xxxx Tenant for the cost of all such XXXXXX SCHOLLS maintenance, repairs and replacements to the Premises and such heating, ventilating and air conditioning system service contract and Tenant shall pay such xxxxxxxx within ten (10) days after receipt. Any capital expenditure in excess of $10,000 shall be amortized over the useful life of the capital asset in question and Tenant shall pay the monthly amortization charge on account of such expenditures including interest thereon at the rate of nine percent (9%) per annum. Landlord shall take reasonable steps to minimize interference with Tenant's business in the performance of such work. Notwithstanding the foregoing during the original term, Landlord shall maintain the roof at Landlord's expense, except for damage caused by Tenant which damage shall be repaired by Landlord at Tenant's expense and Landlord shall make extraordinary repairs to the heating, ventilating and air conditioning system at Landlord's expense except for damage caused by Tenant, which damage shall be repaired by Landlord at Tenant's expense. Subject to the foregoing, Tenant shall, at Tenant's own expense, keep the Premises in good condition and repair, including without limitation, the maintenance, replacement and repair of any walls, floors, ceilings, interior doors, exterior and interior windows and fixtures, plumbing, electrical wiring and conduits, as well as damage caused by Tenant, its agents, employees, contractors or earlier invitees (subject to Section 6.4). Tenant shall, at Tenant's expense, obtain janitorial services for the Premises. Tenant shall, upon the termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant and for damage covered by Landlord's fire and extended coverage insurance. If Landlord has not commenced repair or maintenance required to be performed by Landlord hereunder within thirty (30) days after written notice thereof from Tenant, or if so commenced, is not otherwise obligated diligently pursuing same to remedy under the provisions of this Lease. Tenant shall deliver all keys completion, and such failure materially impairs Tenant's ability to the Premises and the Building to Landlord. Upon Tenant’s vacation of conduct its business in the Premises, then Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at have the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall includeright, but are not limited tothe obligation, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, make such items shall, at Landlord’s option, become the property of Landlord repairs and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to reimburse Tenant for the proceeds thereofreasonable cost thereof plus an administrative fee of 15% within thirty (30) days after receipt of a xxxx therefor from Tenant. In the event of an emergency, Tenant waives all claims against may (but shall not be obligated to) perform such repairs which would otherwise be Landlord's obligation hereunder which may be reasonably necessary after having given Landlord for any damages such notice, if any, as may be practicable under the circumstances if such failure materially impairs Tenant's ability to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsconduct its business in the Premises.

Condition of Premises. Upon Tenant hereby agrees that except as otherwise expressly provided in this Lease or as provided in the expiration Tenant Work Letter attached hereto as Exhibit "D" and made a part hereof and without limiting Landlord’s repair and maintenance obligations set forth in this Lease, the Premises shall be taken "as is", "with all faults", "without any representations or earlier termination warranties", and Tenant hereby agrees and warrants that it has investigated and inspected the condition of the Premises and the suitability of same for Tenant's purposes, and except for any obligations of Landlord expressly set forth in this Lease, Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Project as of the Commencement Date or the suitability of same for Tenant's purposes. Tenant acknowledges that, except as expressly set forth in this Lease, neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant's business and Tenant expressly warrants and represents that, except as expressly set forth in this Lease, Tenant has relied solely on its own investigation and inspection of the Premises and the Project in its decision to enter into this Lease and let the Premises in the above-described condition. In addition to the existing leasehold improvements in the Premises, the Premises shall be initially improved as provided in, and subject to, the Tenant Work Letter attached hereto as Exhibit "D" and made a part hereof. The existing leasehold improvements in the Premises as of the date of this Lease, together with the Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the "Tenant Improvements." The taking of possession of the Premises by Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear conclusively establish that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building Project were at such time in satisfactory condition, subject to Landlord. Upon Tenant’s vacation of the Premiseslatent defects, Tenant shall remove all portable furniturepunch-list items, trade fixtures, machinery, equipment, signs and other conditions or items of personal property (unless prohibited from doing so under Section 20.2)that are not in compliance with Laws, and shall remove conditions or items covered by construction warranties. Tenant hereby waives any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require provisions of law which would otherwise permit Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such make repairs shall be performed in a manner satisfactory to required of Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsLease.

Condition of Premises. Upon Tenant agrees that it has examined the expiration or earlier termination Leased Premises, including all appliances and equipment in the unit, the Building and common areas (the “Grounds”). By signing this Lease, Tenant agrees that they are, on the date of this Lease, Tenant shall surrender the Premises to Landlordin good order, broom repair, and in a safe, clean and tenantable condition, unless otherwise noted on the Report (Exhibit B), which Report shall be deemed correct unless Tenant objects thereto in good condition and writing within five days after receipt thereof. Tenant also acknowledges that Landlord has made no promises to alter, repair, or improve the Leased Premises, except for ordinary wear and tear that Tenant as noted in the Report. In the Report, Landlord shall disclose whether there is not otherwise obligated to remedy under any visible evidence of mold in areas readily accessible within the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation interior of the Premisesdwelling unit. If the Report states that there is no visible evidence of mold in the dwelling unit, this written statement shall be deemed correct unless Tenant objects thereto in writing within five days after receiving the Report. If the Report states that there is visible evidence of mold in the dwelling unit, the tenant shall remove all portable furniturehave the option to terminate the tenancy and not take possession or remain in possession of the dwelling unit. If Tenant requests to take possession, trade fixturesor remain in possession, machineryof the dwelling unit, equipmentnotwithstanding the presence of visible evidence of mold, signs Landlord shall promptly remediate the mold condition but in no event later than five business days thereafter and other items re-inspect the dwelling unit to confirm there is no visible evidence of personal property (unless prohibited from doing so under Section 20.2), mold in the dwelling unit and shall remove any Alterations (whether or not made with Landlord’s consent) reflect on a new Report that there is no visible evidence of mold in the dwelling unit upon re-inspection. Landlord may (at Landlord’s election, made will inspect the unit at the time such Alterations were installed) require Tenant to removevacates the unit and shall give Tenant a written statement of the charges, if any, for which Tenant is responsible, in accordance with Paragraph 6 and applicable law. Tenant shall repair all damage or representative may join in the move-out inspection, unless Tenant vacates without notice to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such items.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises Subject to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this LeaseSubsection 1C, Tenant agrees to accept possession of the Premises in the condition which shall exist on the Commencement Date “as is” subject to the completion of Landlord’s Work as provided herein, and further agrees that Landlord shall have no obligation to perform any work or make any installations in order to prepare the Premises for Tenant’s occupancy, other than the performance of Landlord's Work. The taking of possession of the Premises by Tenant shall deliver all keys to be conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and the Building (subject to Landlord. Upon Tenant’s vacation completion of the Premisesremaining Landlord’s Work and the Corridor Work (as hereinafter defined)) were in good and satisfactory condition and that Landlord’s Work was substantially completed. Notwithstanding the foregoing, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain give Landlord notice of any latent defects or dispose conditions in the Landlord’s Work and/or the Premises which defects and/or conditions were not (or would not have been) discernible after diligent examination of the same in Premises, provided that such defects and/or conditions are not caused by any mannerTenant Party (as hereinafter defined), without for a period of forty (40) days after the Commencement Date, TIME OF THE ESSENCE. Landlord shall complete or repair any obligation to account such items promptly, but any such items shall not affect the Commencement Date. Landlord shall, within ninety (90) days after the Commencement Date, perform a Building standard renovation of the common corridor on the seventh (7th) floor of the Building, at Landlord’s sole cost, using Building standard finishes, which shall include the installation of a new ceiling, new lights and new carpeting (the “Corridor Work”). Landlord shall deliver to Tenant an ACP-5 certificate for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsPremises.

Condition of Premises. Upon Except as provided in this Section 3.1.2 and except as described in Exhibit C attached hereto and incorporated herein by reference (the expiration or earlier termination of this Lease“Work Letter”), Tenant agrees to accept the Premises in their “as-is” condition, without any representations or warranties by Landlord, and with no obligation of Landlord to make any alterations or improvements to the Premises or to provide any tenant improvement allowance; excepting the work described in Exhibit C (“Landlord’s Work”), which shall surrender be “substantially complete” prior to delivery of possession of the Premises to Tenant. “Substantially complete” shall mean that Landlord’s Work has been completed except for mechanical adjustments and items of the type customarily found on an architectural punch-list, the correction or completion of which will not substantially interfere with Tenant’s occupancy and use of the Premises, and issuance of a Temporary Certificate of Occupancy. Landlord shall exercise commercially reasonable efforts (without any obligation to engage overtime labor or commence any litigation) to deliver possession of the Premises to Tenant in the condition specified in this Section 3.1 on or before the Anticipated Commencement Date. If Landlord, broom clean for any reason whatsoever, cannot deliver possession of the Premises to Tenant in the condition specified in this Section 3.1 on or before the Anticipated Commencement Date, this Lease shall not be void or voidable and Landlord shall not be in default or liable to Tenant for any loss or damage resulting therefrom; provided, however, if Landlord is unable to deliver possession of the Premises within ninety (90) days after the Anticipated Commencement Date as a result of delays attributable to Landlord (as opposed to Tenant) in constructing the tenant improvements described in the. Work Letter, then Tenant may terminate this Lease by written notice to Landlord given within five (5) days after the end of such ninety (90) day period. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, except for ordinary wear latent defects. No delay in delivery of the Premises for any reason whatsoever shall operate to extend the Expiration Date or the Term. In the event that the Premises are delivered to Tenant on any date other than the Anticipated Commencement Date set forth in the Basic Lease Information of this Lease, Landlord and tear that Tenant is not otherwise obligated shall execute a Confirmation of Term in the form as set forth in Exhibit E attached to remedy under the provisions of this Lease. Tenant shall deliver all keys acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the suitability of the Premises and or the Building to Landlord. Upon for the conduct of Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsbusiness.

Condition of Premises. Upon REPAIRS. The Leased Premises are leased to the expiration Tenant in the CONDITION AS IS. Taking possession of the Leased Premises by Tenant shall be conclusive evidence as against Tenant that the Leased Premises are in satisfactory condition when possession was so taken. Except as stated herein, no promises of Landlord to alter, remodel, improve, repair, decorate or earlier termination clean the Leased Premises or any part thereof have been made, and no representation respecting the condition of this Leasethe Leased Premises, has been made to Tenant by or on behalf of Landlord. Except for any damage resulting from the negligence or willful acts of Landlord or Landlord's agents, Tenant shall surrender at its own expense keep the improvements located on the Leased Premises to Landlord, broom clean and in good condition and repairoperating condition, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building to Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so under Section 20.2)including replacement if necessary, and tenantable condition together with the air conditioning and heating system and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall promptly and adequately repair all damage to the Premises caused by such removal and shall restore the Premises to its prior conditionLeased Premises, all at Tenant’s expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, including but are not limited to, the following: capping all plumbing, capping all electrical wiring, replacing or repairing all holes in wallsdamaged or broken glass, restoring damaged floor and/or ceiling tilesfixtures and appurtenances. Landlord, its officers, agents and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall representatives all have the right to remove and retain or dispose enter all parts of the same in any manner, without any obligation to account Leased Premises during regular business hours and upon forty-eight (48) hours notice to Tenant for to inspect the proceeds thereof. Leased Premises and Tenant waives all claims against Landlord for shall not be entitled to any damages abatement or reduction of rent by reason thereof as long as such inspection is done in a manner as to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal propertynot interfere with Tenant's business operations. Tenant shall be liable responsible for installation, maintenance and repair of any security system desired for the Leased Premises as well as for the electrical and plumbing systems within the Leased Premises and for the air conditioning and heating system. Tenant, at its sole expense, shall promptly replace and maintain any lighting located on the Leased Premises. Tenant shall maintain in good operating condition any water fixtures and plumbing within the Leased Premises and shall be solely responsible for any additional cost incurred due to Landlord for Landlord’s costs of removing, storing and disposing of such itemsany leaks from fixtures within the Leased Premises.

Condition of Premises. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good the same condition and repairstate of repair as at the commencement of the Lease Term, except for casualty, damage by fire, condemnation, and ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises and the Building building of which the Premises are a part to Landlord. Upon Tenant’s 's vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and other items of personal property (unless prohibited from doing so the same under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s 's consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal removal, and shall restore the Premises to its prior condition, all at Tenant’s 's expense. Such repairs shall be performed in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premises. If Tenant fails to remove any items that Tenant has an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s 's option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s 's retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s 's costs of removing, storing and disposing of such items.

Condition of Premises. Upon Within ten (10) days after completion of the expiration or earlier termination of this LeaseTenant Improvements, Tenant shall surrender conduct a walk-through inspection of the Premises to Landlord, broom clean with Landlord and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions complete a punch-list of this Lease. Tenant shall deliver all keys to the Premises and the Building to items needing additional work by Landlord. Upon Tenant’s vacation Other than the items specified in the punch-list, if any, by taking possession of the Premises, Tenant shall remove be deemed to have accepted the Premises in good, clean and completed condition and repair, subject to all portable furnitureapplicable laws, trade fixtures, machinery, equipment, signs codes and other items of personal property (unless prohibited from doing so under Section 20.2), and shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to removeordinances. Tenant shall repair all Any damage to the Premises caused by such removal and Tenant's move- in shall restore be repaired or corrected by Tenant, at its expense. Tenant acknowledges that neither Landlord nor its Agents have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its Agents agreed to its prior condition, all at Tenant’s expense. Such repairs shall be performed undertake any Alterations or construct any Tenant Improvements to the Premises except as expressly provided in a manner satisfactory to Landlord and shall include, but are not limited to, the following: capping all plumbing, capping all electrical wiring, repairing all holes in walls, restoring damaged floor and/or ceiling tiles, and thorough cleaning of the Premisesthis Lease. If Tenant fails to remove any submit a punch-list to Landlord within such 10-day period, it shall be deemed that there are no Tenant Improvement items that needing additional work or repair. Landlord's contractor shall complete all reasonable punch-list items within thirty (30) days after the walk-through inspection or as soon as practicable thereafter. Upon completion of such punch-list items, Tenant has an obligation shall approve such completed items in writing to remove under this Section when required by Landlord or otherwiseLandlord. If Tenant fails to approve such items within fourteen (14) days of completion, such items shall, at Landlord’s option, become the property of Landlord and Landlord shall have the right to remove and retain or dispose of the same in any manner, without any obligation to account to Tenant for the proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or disposition of such Alterations or personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, storing and disposing of such itemsdeemed approved by Tenant.