Common use of Construction of the Terms Clause in Contracts

Construction of the Terms. The terms and provisions of this Lease represent the results of negotiations between Landlord and Tenant, each of which are sophisticated parties and each of which has been represented or been given the opportunity to be represented by counsel of its own choosing, and neither of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Lease shall be interpreted and construed in accordance with their usual and customary meanings, and Landlord and Tenant each waive the application of any rule of law that ambiguous or conflicting terms or provisions contained in this Lease are to be interpreted or construed against the party who prepared the executed Lease or any earlier draft of the same. Whenever required by the context of this Lease, the singular includes the plural and the plural includes the singular. This Lease shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission Landlord and Tenant each caused this Lease to be executed and delivered by their duly authorized representatives to be effective as of the Effective Date. LANDLORD: Date executed by Landlord: Platypus Development LLC, a Delaware limited liability company 10/31/2013 By: Platypus Holdings LLC, a Delaware limited liability company, its Member By /s/ Authorized Person Name: [***] Title: Manager TENANT: Date executed by Tenant: GTAT CORPORATION, a Delaware corporation 10/31/2013 By /s/ Xxxx Xxx Name: Xxxx Xxx Title: Vice President & General Counsel EXHIBIT “A” GLOSSARY

Construction of the Terms. The terms and provisions of this Lease represent the results of negotiations between Landlord and Tenant, each of which are sophisticated parties and each of which has been represented or been given the opportunity to be represented by counsel of its own choosing, and neither of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Lease shall be interpreted and construed in accordance with their usual and customary meanings, and Landlord and Tenant each waive the application of any rule of law that ambiguous or conflicting terms or provisions contained in this Lease are [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission to be interpreted or construed against the party who prepared the executed Lease or any earlier draft of the same. Whenever required by the context of this Lease, the singular includes the plural and the plural includes the singular. This Lease shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission Landlord and Tenant each caused this Lease to be executed and delivered by their duly authorized representatives to be effective as of the Effective Date. LANDLORD: Date executed by Landlord: Platypus Development LLC, a Delaware limited liability company 10/31/2013 [***] By: Platypus Holdings LLC, a Delaware limited liability company, its Member [***] By /s/ Authorized Person Name: [***] Title: Manager [***] TENANT: Date executed by Tenant: GTAT CORPORATION, a Delaware corporation 10/31/2013 By /s/ Xxxx Xxx Name: Xxxx Xxx Title: Vice President & General Counsel [Signature page to Facility Lease] EXHIBIT “A” GLOSSARY

Construction of the Terms. The terms and provisions of this Lease represent the results of negotiations between Landlord and Tenant, each of which are sophisticated parties and each of which has been represented or been given the opportunity to be represented by counsel of its own choosing, and neither of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Lease shall be interpreted and construed in accordance with their usual and customary meanings, and Landlord and Tenant each waive the application of any rule of law that ambiguous or conflicting terms or provisions contained in this Lease are to be interpreted or construed against the party who prepared the executed Lease or any earlier draft of the same. Whenever required by the context of this Lease, the singular includes the plural and the plural includes the singular. This Lease shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission Landlord and Tenant each caused this Lease to be executed and delivered by their duly authorized representatives to be effective as of the Effective Date. LANDLORD: Date executed by Landlord: 12/29/2014 LANDLORD: Platypus Development LLC, a Delaware limited liability company 10/31/2013 By: Platypus Holdings LLC, a Delaware limited liability company, its Member By /s/ By: /s/Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Authorized Person Name: [***] Title: Manager TENANT: Date executed by Tenant: 12/28/2014 TENANT: GTAT CORPORATION, a Delaware corporation 10/31/2013 By /s/ By: /s/Xxxx Xxx Name: Xxxx Xxx Title: Vice President & and General Counsel EXHIBIT “A” A GLOSSARY

Construction of the Terms. The terms and provisions of this Lease represent the results of negotiations between Landlord and Tenant, each of which are sophisticated parties and each of which has been represented or been given the opportunity to be represented by counsel of its own choosing, and neither of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Lease shall be interpreted and construed in accordance with their usual and customary meanings, and Landlord and Tenant each waive the application of any rule of law that ambiguous or conflicting terms or provisions contained in this Lease are [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission to be interpreted or construed against the party who prepared the executed Lease or any earlier draft of the same. Whenever required by the context of this Lease, the singular includes the plural and the plural includes the singular. This Lease shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission Landlord and Tenant each caused this Lease to be executed and delivered by their duly authorized representatives to be effective as of the Effective Date. LANDLORD: Date executed by Landlord: Platypus Development LLC, a Delaware limited liability company 10/31/2013 [***] By: Platypus Holdings LLC, a Delaware limited liability company, its Member [***] By /s/ Authorized Person Name: [***] Title: Manager [***] TENANT: Date executed by Tenant: GTAT CORPORATION, a Delaware corporation 10/31/2013 By /s/ Xxxx Xxx Name: Xxxx Xxx Title: Vice President & General Counsel EXHIBIT “A” GLOSSARY

Construction of the Terms. The terms and provisions of this Lease represent the results of negotiations between Landlord and Tenant, each of which are sophisticated parties and each of which has been represented or been given the opportunity to be represented by counsel of its own choosing, and neither of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Lease shall be interpreted and construed in accordance with their usual and customary meanings, and Landlord and Tenant each waive the application of any rule of law that ambiguous or conflicting terms or provisions contained in this Lease are to be interpreted or construed against the party who prepared the executed Lease or any earlier draft of the same. Whenever required by the context of this Lease, the singular includes the plural and the plural includes the singular. This Lease shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission Landlord and Tenant each caused this Amended and Restated Facility Lease Agreement to be executed and delivered by their duly authorized representatives to be effective as of the Effective Datedate first set forth above. LANDLORD: Date executed by Landlord: 12/29/2014 LANDLORD: Platypus Development LLC, a Delaware limited liability company 10/31/2013 By: Platypus Holdings LLC, a Delaware limited liability company, its Member By /s/ By: /s/Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Authorized Person Name: [***] Title: Manager TENANT: Date executed by Tenant: 12/28/2014 TENANT: GTAT CORPORATION, a Delaware corporation 10/31/2013 By /s/ By: /s/Xxxx Xxx Name: Xxxx Xxx Title: Vice President & and General Counsel EXHIBIT “A” GLOSSARY