Common use of DEMISE, PREMISES, TERM, RENT Clause in Contracts

DEMISE, PREMISES, TERM, RENT. 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter called, the “Premises”) in the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) to commence on the Commencement Date (hereinafter defined) and to end on the Expiration Date (hereinafter defined) both dates inclusive unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law for the Rent herein reserved. Tenant agrees to pay the Rent provided for herein in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, on the first (1st) day of each calendar month during the Term from and after the Commencement Date at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first monthly installment on the execution of this Lease. The Rent for any portion of a calendar month included in the Term shall be prorated in the ratio that the number of days in such portion bears to the actual number of days in such month. If, on the Rent Commencement Date, or thereafter, Tenant shall be in default in the payment of Rent to Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter called, Premises for the “Premises”) in the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) Term to commence on the date Landlord shall deliver possession of the Premises to Tenant, which date shall be , 2004 [date to be 7 days from execution of this Lease] (the “Commencement Date (hereinafter definedDate”) and to end on the Expiration date immediately preceding the tenth (10th) anniversary of the Rent Commencement Date (hereinafter definedthe “Fixed Expiration Date”) both dates inclusive unless subject to the Term shall sooner end pursuant to any provisions of Article 39 hereof, at an annual rent (the “Fixed Rent”) of: (1) One Million Seven Hundred Fifty-Seven Thousand Nine Hundred Fifty and 00/100 Dollars ($1,757,950.00; $146,495.83 per month) for the period commencing on the Rent Commencement Date and ending on the day immediately preceding the fifth (5th) anniversary of the terms, covenants or conditions of this Lease or pursuant to law Commencement Date (the “1st Rental Period”); and (2) One Million Nine Hundred Thirty-Three Thousand Seven Hundred Forty-Five and 00/100 Dollars ($1,933,745.00; $161,145.42 per month) for the Rent herein reserved. period commencing on the day next succeeding the end of the 1st Rental Period and ending on the Fixed Expiration Date, which Tenant agrees to pay the Rent provided for herein in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, installments in advance, on the first (1st) day of each calendar month during the Term from and after commencing on the Rent Commencement Date Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (whatsoever, except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first monthly installment of Fixed Rent on the execution hereof. At the request of Landlord, Fixed Rent shall be payable when due by wire transfer of funds to an account designated from time to time by Landlord. Landlord shall deliver to Tenant an ACP-5 certificate within fourteen (14) days of the date hereof, and shall deliver possession of the Premises on the Commencement Date vacant, unoccupied and free of any leases or tenancies, and in broom clean condition. Tenant acknowledges that Landlord may be performing the Landlord’s Work after the Commencement Date, and Tenant agrees that the performance of any Landlord’s Work shall not affect the occurrence of the Commencement Date or be deemed an eviction, constructive or otherwise, or otherwise affect the validity of this LeaseLease or the obligations of Tenant hereunder. The Rent for Landlord shall complete the Landlord’s Work in a reasonably timely manner after the Commencement Date (but in any portion event within sixty (60) days thereof), taking into account good construction scheduling practices and the nature of a calendar month included Landlord’s Work in the Term scheme of the overall construction of the Initial Alterations. After the Commencement Date, Landlord and Tenant shall each cooperate with the other to minimize interference with Tenant’s performance of the Initial Alterations (as such term is hereinafter defined) and Landlord’s performance of Landlord’s Work, as the case may be. After the Commencement Date, Tenant shall be prorated permitted to demolish the improvements in the ratio Premises (including the floor, but not the slab) at Tenant’s sole cost and expense. Prior to any such demolition, Landlord shall have approved the demolition contractor and the demolition plans and specifications. Landlord hereby approves Structure Tone, Inc. as the demolition contractor. During such demolition, Landlord shall have the right to supervise and approve all fireproofing work, fire stop repairs and cable removal. Tenant acknowledges that should Tenant decide to demolish the number of days ADA compliant bathroom referenced in such portion bears Section 3.8 hereof, Tenant may install an ADA compliant bathroom utilizing, in part, the janitor’s closet as opposed to the actual number HVAC equipment room, as a part of Tenant’s Initial Alterations. In the event Tenant demolishes the floor (exclusive of the slab) in the Premises, Tenant shall file a new ACP-5 certificate within ten (10) days in of completion of such demolition at Tenant’s sole cost and expense. Section 1.2 If the Rent Commencement Date shall occur on a date other than the first (1st) day of any calendar month. If, on the Rent Commencement Date Tenant shall pay to Landlord a sum equal to Four Thousand Eight Hundred Sixteen and 00/100 Dollars ($4,816.00), multiplied by the number of calendar days in the period from the Rent Commencement Date to the last day of the month in which the Rent Commencement Date shall occur, both dates inclusive. Section 1.3 After the occurrence of the Commencement Date, or thereafterat the request of either party hereto, Tenant the parties hereto shall be promptly execute and deliver to each other an agreement in default in form and substance mutually satisfactory to each other memorializing the payment of Commencement Date, the Rent Commencement Date and the Fixed Expiration Date, provided, however, the failure to Landlord pursuant to do so shall not affect the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment occurrence of the Commencement Date, the Rent Commencement Date or the Fixed Expiration Date or the rights and obligations of the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout parties under this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. 1.1 Section 2.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter calledPremises for the Term to commence, the “Premises”) in the building known as 0000 Xxxxxxxxsubject to Article 23, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) to commence on the Commencement Date (hereinafter defined) and to end on the Expiration Date (hereinafter defined) both dates inclusive unless Date. Section 2.2 Commencing upon the Term Commencement Date, Tenant shall sooner end pursuant pay to any of the termsLandlord, covenants or conditions of this Lease or pursuant to law for the Rent herein reserved. Tenant agrees to pay the Rent provided for herein in lawful money of the United States of America, without notice or demand, either by (i) good and sufficient check drawn to Landlord’s order on a bank or trust company with an office in the State of New York, at Eastview Holdings LLC, c/o First Union National Bank, X.X. Xxx 0000-0000, Xxxxxxxxxxxx, Xxxxxxxxxxxx, 00000-0000, or (ii) wire transfer to the following account: First Union National Bank, ABA No. 000-000-000, Account No. 2000003297504 for credit to CDC Mortgage Capital Inc., as Mortgagee of Eastview Holdings LLC, or at such other place, or to Landlord’s agent and at such other place, as Landlord may designate from time to time, the following: (A) the Fixed Rent, at the annual fixed rental rate set forth in the Reference Page, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, payable in equal monthly installments, installments of Fixed Rent in advance, advance on the first (1st) day of each and every calendar month during the Term from and after the Commencement Date at the office of Landlord or such other place as Landlord may designateTerm, without any set-off, offset, abatement or deduction whatsoever (except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first monthly installment on the of Fixed Rent shall be payable by Tenant upon execution of this Lease. The Rent ; and Back to Contents (B) additional rent (“Additional Rent”) consisting of all other sums of money (including, without limitation, any Tenant’s Operating Payment and any Tenant’s Tax Payment) as shall become due from and be payable by Tenant hereunder (for any portion of a calendar month included in the Term shall be prorated in the ratio that the number of days in such portion bears to the actual number of days in such month. If, on the Rent Commencement Date, or thereafter, Tenant shall be in default in the payment of which Landlord shall have the same remedies as for a default in the payment of Fixed Rent). Section 2.3 If the Commencement Date is other than the first day of a calendar month, Fixed Rent to Landlord pursuant for such month shall be prorated on a per diem basis. Section 2.4 If prior to the terms Commencement Date, Tenant shall occupy any portion of another lease the Premises for the performance of space work in the Building with Landlord Premises or with otherwise, Tenant shall, commencing as of the date of such occupancy, pay Landlord’s predecessor-in-interestcharges for (i) electricity, Landlord mayas reflected on the meters described in Article 30, at Landlord’s option and (ii) such items for which Tenant is separately billed hereunder, including, without notice to Tenantlimitation, add the amount overtime use of such arrearages to any monthly installment of the Rent freight elevator and the same HVAC service and extra cleaning services. Such charges and items shall be payable to Landlord as additional renton demand. 1.2 The following definitions contained Section 2.5 Tenant shall pay the Fixed Rent and Additional Rent when due without abatement, deduction, counterclaim, setoff or defense for any reason whatsoever, except said abatement as may be occasioned by the occurrence of any event permitting an abatement of Fixed Rent and Tenant’s Tax Payment and Tenant’s Operating Payment, as specifically set forth in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. 1.1 SECTION 1.1. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion the Premises for the Term to commence as of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part date hereof (hereinafter called, the “Premises”) in the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) to commence on the Commencement Date (hereinafter defined"COMMENCEMENT DATE") and to end on the date (the "FIXED EXPIRATION DATE") that shall be the last day of the month in which the date immediately preceding the fifth (5th) anniversary of the Rent Commencement Date occurs, at an annual rent (the "FIXED RENT") of Two Hundred Fifteen Thousand Five Hundred Twenty-Three Dollars ($215, 523) PER ANNUM for the period commencing on the Rent Commencement Date and ending on the Fixed Expiration Date payable in equal monthly installments in advance in the amount of Seventeen Thousand Nine Hundred Sixty and 25/100 Dollars (hereinafter defined$17,960.25) both dates inclusive unless the Term shall sooner end pursuant to any of the termsper month, covenants or conditions of this Lease or pursuant to law for the Rent herein reserved. which Tenant agrees to pay the Rent provided for herein in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, on the first (1st) day of each calendar month during the Term from and after commencing on the Rent Commencement Date Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (whatsoever, except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first full monthly installment on the execution hereof. At the request of this Lease. The Landlord, Fixed Rent for any portion of a calendar month included in the Term shall be prorated in the ratio that the number payable when due by wire transfer of days in such portion bears funds to the actual number of days in such monthan account designated from time to time by Landlord. SECTION 1.2. IfTenant shall pay to Landlord, as additional rent, on account of electricity consumed at the Premises the sum of One Thousand Six Hundred Thirty-Two and 75/100 Dollars ($1632.75) per month during the period commencing on the Commencement Date and ending on the day immediately preceding the Rent Commencement Date. If such period shall commence or end on a date other than the first (1st) day of a calendar month, or thereafter, Tenant such monthly amount on account of electricity shall be in default in the payment of Rent to Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rentappropriately adjusted. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter called, Premises for the “Premises”) in the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) Term to commence on the date hereof (the “Commencement Date (hereinafter definedDate”) and to end on the Expiration fifteenth anniversary of the Commencement Date (hereinafter definedthe “Fixed Expiration Date”), at an annual rent (the “Fixed Rent”) both dates inclusive unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law of: (1) for the Rent herein reserved. First Rental Period, an amount equal to Three Million Eight Hundred Sixty-Four Thousand Seven Hundred Fifty and 00/100 Dollars ($3,864,750.00), (2) for the Second Rental Period, Four Million One Hundred Twenty-Two Thousand Four Hundred and 00/100 Dollars ($4,122,400.00), and (3) for the Third Rental Period, Four Million Three Hundred Eighty Thousand Fifty and 00/100 Dollars ($4,380,050.00) which Tenant agrees to pay the Rent provided for herein in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, installments in advance, on the first (1st) day of each calendar month during the Term from and after commencing on the Rent Commencement Date Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (except as otherwise expressly provided for in this Lease)herein. At the request of Landlord, Fixed Rent shall be payable when due by wire transfer of funds to an account designated from time to time by Landlord; provided, however, that Landlord shall provide wiring instructions to Tenant shall pay not less than thirty (30) days prior to the date upon which the first such monthly installment of Fixed Rent to be wired shall be due and payable. Tenant hereby agrees to accept possession of the Premises in its “as is” condition on the execution Commencement Date vacant of personal property (except for those items of personal property set forth on Exhibit “E” attached hereto and made a part hereof (the “Included Personal Property”)), unoccupied and free of any leases or tenancies, and in broom clean condition; provided, however, that prior to the Commencement Date Landlord shall install a fire-rated partition in the previously-existing doorway accessing the internal stairs located between the fourth (4th) and fifth (5th) floors of the Building (the “Fourth Floor Internal Stairs”) in accordance with applicable Requirements (“Landlord’s Work”). Landlord agrees that, notwithstanding the foregoing, on the Commencement Date the Premises shall be in compliance with all Requirements, except to the extent the non-compliance therewith (i) would not adversely affect Tenant’s ability to perform any Initial Alterations and (ii) would otherwise be cured by the performance of the Initial Alterations, including, without limitation, any Initial Alteration consisting of or including any demolition of any portion of the Premises. Tenant will accept the Included Personal Property as of the Commencement Date in its “as-is” and “where-is” condition, and acknowledges that Landlord has not made any representations or warranties as to the condition or fitness of the Included Personal Property for use. The Included Personal Property shall be leased to Tenant in accordance with all of the terms and conditions of this Lease throughout the Term but shall remain the property of Landlord for all purposes and shall be returned to Landlord on the Expiration Date in its “as-is” condition as of the Expiration Date, subject, nevertheless, to the performance by Tenant of its obligations pursuant to the provisions of this Lease. The Rent for Notwithstanding the foregoing, Tenant shall have the right from time to time during the Term to deliver notice to Landlord indicating that Tenant no longer desires to lease any portion item of a calendar month included the Included Personal Property, and within five (5) Business Days of receipt of such notice, Landlord shall in its sole discretion elect to (x) accept the return of such Included Personal Property in its “as-is” condition or (y) decline the return of such Included Personal Property, in which event Tenant may in its discretion and at its sole cost and expense dispose of such Included Personal Property without liability or cost to Landlord. If Landlord shall fail to deliver the notice of its election of either item (x) or (y) in accordance with the foregoing sentence, Landlord shall be deemed to have elected to decline the return of such Included Personal Property pursuant to such item (y). Section 1.2 (a) Promptly after the occurrence of the Commencement Date, Landlord and Tenant shall execute and deliver to each other an agreement in the Term shall be prorated form attached hereto as Exhibit “D” and in mutually reasonably satisfactory substance (the ratio that the number of days in “Premises Delivery Notice,”) memorializing such portion bears to the actual number of days in such month. If, on Commencement Date and the Rent Commencement Date; provided, or thereafterhowever, Tenant the failure to deliver the Premises Delivery Notice shall be in default in not affect the payment of Rent to Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment occurrence of the Commencement Date, Rent Commencement Date, the Fixed Expiration Date or the rights and obligations of the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout parties under this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. 1.1 Section 2.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion the Premises for the Term to commence, subject to Article 23, on the applicable Commencement Date set forth in Paragraph 11 of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter called, the “Premises”) in the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) to commence on the Commencement Date (hereinafter defined) Reference Page and to end expire on the Expiration Date (hereinafter definedwith respect to the entire Premises). Effective as of the Execution Date, this Amended and Restated Agreement of Lease (this “Lease”) both dates inclusive unless amends and restates the Term shall sooner end Original Lease in its entirety; provided that (i) the Parties’ obligations that, pursuant to any of the termsterms thereof expressly survive the expiration or earlier termination thereof, covenants or conditions of this shall, with respect to the period until the date hereof, continue to survive, and (ii) with respect to the Original Premises, the Original Lease or pursuant shall remain in effect through and including December 31, 2009. Section 2.2 Commencing upon the applicable Commencement Date, Tenant shall pay to law for the Rent herein reserved. Tenant agrees to pay the Rent provided for herein Landlord, in lawful money of the United States of America, without notice or demand, either by (i) good and sufficient check drawn to Landlord’s order and delivered to Unit A, X.X. Xxx 00000, Xxx Xxxxxxx, XX 00000-0000, or (ii) wire transfer to the following account: Name of beneficiary: BMR-Landmark at Eastview LLC Account number: 153454489623 Bank Name: US Bank. Routing/Transit #: 000000000 Branch Name & Address: San Diego Main, 000 X. Xxxxxxxx #000, Xxx Xxxxx, XX 00000, Table of Contents or at such other place, or to Landlord’s agent and at such other place, as Landlord may designate from time to time, the following: (A) the Fixed Rent, at the annual fixed rental rate set forth in Schedule 1, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, payable in equal monthly installments, installments of Fixed Rent in advance, advance on the first (1st) day of each and every calendar month during the Term Term; and (B) additional rent (“Additional Rent”) consisting of all other sums of money (including, without limitation, any Tenant’s Operating Payment and any Tenant’s Tax Payment) as shall become due from and after the Commencement Date at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever be payable by Tenant hereunder (except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first monthly installment on the execution of this Lease. The Rent for any portion of a calendar month included in the Term shall be prorated in the ratio that the number of days in such portion bears to the actual number of days in such month. If, on the Rent Commencement Date, or thereafter, Tenant shall be in default in the payment of which Landlord shall have the same remedies as for a default in the payment of Fixed Rent). Section 2.3 If the Commencement Date is other than the first day of a calendar month, or if the last day of the Term is other than the last day of a calendar month, Fixed Rent for such month shall be prorated on a per diem basis. Section 2.4 Tenant shall have the right to Landlord enter into any portion of the 771 Premises not currently occupied by Tenant prior to the Commencement Date for such Premises for the sole purpose of performing any Landlord-approved Tenant improvements, such as installing data and communication equipment, trade fixtures or furniture. Section 2.5 Tenant shall pay the Fixed Rent and Additional Rent when due without abatement, deduction, counterclaim, set-off or defense for any reason whatsoever, except said abatement as may be occasioned by the occurrence of any event permitting an abatement of Fixed Rent and Tenant’s Tax Payment and Tenant’s Operating Payment, as specifically set forth in this Lease. Section 2.6 Tenant shall have the right to continue to occupy the Old 765 Premises, the Old 777 Premises (pursuant to the terms of another lease this Amended and Restated Agreement of space Lease) and the Aton Subleased Premises (pursuant to the Aton Sublease if the Aton Sublease is still in effect), provided that Tenant shall continue to pay (a) Rental for the Old 765 Premises and the Old 777 Premises in the Building with Landlord or with amounts set forth in the Original Lease and (b) Rental for the Aton Subleased Premises in the amounts set forth in the Aton Sublease (if the Aton Sublease is still in effect), as applicable until the 777 Premises Commencement Date, at which time, Tenant shall surrender the Old 765 Premises and the Old 777 Premises, and the Aton Subleased Premises if then occupied by Tenant, in the condition required under Article 22 and commence paying Rental on the 777 Premises at the rate set forth herein. If the Aton Sublease and Landlord’s predecessor-in-interestlease with Aton have expired prior to the 777 Premises Commencement Date, then Tenant shall have the right to occupy the Aton Subleased Premises as part of the Premises under this Lease at the Rental rate set forth in the Original Lease. If the 777 Premises Commencement Date has not occurred by September 1, 2010, Tenant may at any time thereafter, upon notice to Landlord, surrender to Landlord mayany portions of the Old 765 Premises and/or Old 777 Premises which are capable of being separately leased from the balance of the Old 765 Premises and/or Old 777 Premises, such surrender to be effective on the date specified in such notice from Tenant, provided the effective date shall not be earlier than thirty (30) days from the date of such notice. Landlord shall be responsible, at Landlord’s option sole cost and without expense, as soon as practicable after Tenant’s notice to Tenant, add the amount of such arrearages to surrender, for separating any monthly installment space so surrendered (including the installation of demising walls, doors and locks) from the balance of the Rent Old 765 Premises and Old 777 Premises in compliance with all applicable Requirements. Tenant shall surrender all of the same shall be payable Old 777 Premises to Landlord as additional rentbefore surrendering any portion of the Old 765 Premises. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter calledLandlord, the “Premises”) in , for the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) Term to commence on the Commencement Date (hereinafter defined) and to end on the Expiration Date, at an annual rent ("Fixed Rent") as follows: (a) One Hundred Eighteen Thousand Forty-Four and 00/100 Dollars ($118,044.00) per annum ($9,837.00 per month) for the period commencing on the Commencement Date and ending on the date (hereinafter definedthe "Rent Increase Date") both dates inclusive unless which is the Term shall sooner end pursuant to any last day of the terms, covenants or conditions month which contains the day prior to the fifth (5th) anniversary of this Lease or pursuant to law the Commencement Date; (b) One Hundred Thirty-One Thousand One Hundred Sixty and 00/100 Dollars ($131,160.00) per annum ($10,930.00 per month) for the period commencing on the day following the Rent herein reserved. Increase Date and ending on the Expiration Date; which Tenant agrees to pay the Rent provided for herein to Landlord, without notice or demand, in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of paymentStates, in equal monthly installments, installments in advance, advance on the first (1st) day of each calendar month during the Term from and after the Commencement Date Term, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (except whatsoever. Fixed Rent and Additional Rent shall be payable by check drawn upon a bank which is a member of the New York Clearinghouse Association, or on any other bank reasonably acceptable to Landlord either having an office in New York City or which is chartered as otherwise expressly provided for in a national banking association, or by wire transfer of immediately available funds. Section 1.2 Notwithstanding anything to the contrary contained herein, upon execution and delivery of this Lease), provided, however, that Tenant shall pay to Landlord the sum of Nine Thousand Eight Hundred Thirty-Seven and 00/100 Dollars ($9,837.00) representing the installment of Fixed Rent for the first monthly installment on the execution of this Lease. The Rent for any portion of a (1st) full calendar month included in of the Term shall be prorated in after the ratio that the number of days in such portion bears to the actual number of days in such month. If, on the Rent Commencement Date, to be credited against the first installment of Fixed Rent becoming payable by Tenant under the Lease. Section 1.3 Notwithstanding anything to the contrary set forth in Section 1.1, so long as Tenant is not in default beyond applicable grace or thereafternotice periods under any of the terms, covenants or conditions of the Lease on Tenant's part to be observed or performed, Tenant shall be in default in have no obligation to pay Fixed Rent on account of the payment of Rent to Landlord pursuant period commencing on the Commencement Date and ending on the date which is one day prior to the terms of another lease of space in date which is six (6) months following the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice Commencement Date. Nothing contained herein shall affect Tenant's obligation to Tenant, add make any other payment under this Lease during the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rentaforementioned period. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and 1402 as further described indicated on Exhibit 1 annexed hereto and made a part hereof (hereinafter called, called the “Premises”"PREMISES") in the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, called the “Building” "BUILDING" and the Building, together with the plot of land upon which it stands, is hereinafter called, called the “Real Property”"REAL PROPERTY") for a term (hereinafter called, called the “Term”"TERM") to commence on the Commencement Date (hereinafter defined) and to end on the Expiration Date (hereinafter defined) both dates inclusive unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law for the Rent herein reserved. Tenant agrees to pay the Rent provided for herein in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, . in equal monthly installments, in advance, on the first (1stlst) day of each calendar month during the Term from and after the Rent Commencement Date at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first monthly installment on the execution of this Lease. The Rent for any portion of a calendar month included in the Term shall be prorated in the ratio that the number of days in such portion bears to the actual number of days in such month. IfIn the event that, on the Rent Commencement Date, or thereafter, Tenant shall be in default in the payment of Rent to Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s 's predecessor-in-in- interest, Landlord may, at Landlord’s 's option and without notice to Tenant, Tenant add the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section subsection 1.2 of this Article I 1 shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. 1.1 Section 2.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter calledPremises for the Term to commence, the “Premises”) in the building known as 0000 Xxxxxxxxsubject to Article 23, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) to commence on the Commencement Date (hereinafter defined) and to end on the Fixed Expiration Date Date, unless earlier terminated or extended as provided herein. Tenant shall also have, as appurtenant to the Premises, the use, on a non-exclusive basis and in common with the other tenants in the Building (hereinafter defined) both dates inclusive unless and subject to Landlord’s Rules and Regulations), the Term shall sooner end pursuant to any common areas of the termsBuilding and the Land, covenants or conditions including (i) the public lobby, public hallways and public stairways, (ii) the public elevators, (iii) common walkways necessary for access to the Building, and (iv) all other parts of this Lease or pursuant the Real Property made available by Landlord to law for all tenants in the Rent herein reserved. Building. Section 2.2 Tenant agrees shall pay to pay the Rent provided for herein Landlord, in lawful money of the United States which shall be legal tender of America, without notice or demand, by good and sufficient check drawn to the Landlord’s order on a bank or trust company with an office in payment the Borough of all debts and duesManhattan, public and privatethe City of New York, State of New York, or by wire transfer, at the time of payment, in equal monthly installments, in advance, on the first (1st) day of each calendar month during the Term from and after the Commencement Date Tenant’s option at the office of Landlord or at such other place as Landlord may designatedesignate from time to time by fifteen (15) days prior written notice to Tenant, without any set-off, offset, abatement or deduction whatsoever the following: (except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first monthly installment on the execution of this Lease. The Rent for any portion of a calendar month included in the Term shall be prorated in the ratio that the number of days in such portion bears to the actual number of days in such month. If, on A) commencing upon the Rent Commencement Date, or thereafterthe Fixed Rent, Tenant at the annual fixed rental rate set forth in the Reference Page, which shall be payable in equal monthly installments of Fixed Rent in advance on the first day of each and every calendar month during the Term, except that the first monthly installment of Fixed Rent shall be payable by Tenant upon execution of this Lease; and (B) commencing upon the Commencement Date, additional rent (“Additional Rent”) consisting of all other sums of money (including, without limitation, Escalation Rent) as shall become due from and be payable by Tenant hereunder (for default in the payment of Rent to which Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter same remedies as for a default in the payment of Fixed Rent). Section 2.3 If the Rent Commencement Date is other than the first day of a calendar month, or the Expiration Date is other than the last day of a calendar month, Fixed Rent for such month shall be prorated on a per diem basis. Section 2.4 Tenant shall pay the Fixed Rent and Additional Rent when due without abatement, deduction, counterclaim, setoff or defense for any reason whatsoever, except such abatements, deductions, counterclaims, setoffs or defenses as may be occasioned by the occurrence of any event permitting same as specifically set forth used throughout in this Lease. Section 2.5 Landlord may submit to Tenant a written agreement, substantially in the form annexed as Schedule H, confirming the dates fixed by Landlord, in accordance with the provisions of this Lease, Exhibitsas the Commencement Date, Schedulesthe Rent Commencement Date and the Fixed Expiration Date, and Riders Tenant shall execute such agreement and return it to Landlord within five (if any)5) Business Days thereafter. Any failure of the parties to execute such written agreement shall not affect the validity of the Commencement Date, the Rent Commencement Date or the Fixed Expiration Date as fixed and determined by Landlord as aforesaid. If Tenant disputes the Commencement Date, Tenant must notify Landlord of the nature of, and reasons for, such dispute within such five (5) Business Day period.

DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter calledLandlord, the “Premises”) in Premises for the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) Term to commence on the date Landlord delivers possession of the Premises to Tenant broom clean and with the existing tenant installations therein demolished in a Building standard manner (the "Commencement Date (hereinafter definedDate") and to end on the Expiration last day of the calendar month in which occurs the ten (10) year six (6) month anniversary of the Commencement Date (hereinafter definedsubject to Section 39.4 below) both dates inclusive unless (the Term shall sooner end pursuant "Fixed Expiration Date"), at an annual rent (the "Fixed Rent") of: (i) $212,968.75 per annum ($17,747.40 per month) for the period commencing on the Rent Commencement Date to any and including the last day (the "First Date") of the termscalendar month immediately preceding the month in which the fifth anniversary of the Commencement Date occurs, covenants or conditions of this Lease or pursuant to law and (ii) $224,718.75 per annum ($18,726.56 per month) for the period commencing on the day immediately following the First Date to and including the Fixed Expiration Date; which Fixed Rent herein reserved. Tenant agrees to pay the Rent provided for herein in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, installments in advance, on the first (1st) day of each calendar month during the Term Term, from and after the Rent Commencement Date Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (whatsoever, except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first full monthly installment of Fixed Rent ($17,747.40) on the execution hereof. Section 1.2 Should the obligation to pay Fixed Rent commence on a day other than on the first day of a month (or should this Lease expire or terminate on any day other than the last day of a month), then the Fixed Rent for such month shall be prorated on a per diem basis. Section 1.3 Notwithstanding anything to the contrary contained herein, provided Tenant is not then in default under this Lease after notice and the expiration of applicable cure periods, if any, Tenant shall not be required to pay the sum of $16,401.04 from each of the monthly installments of Fixed Rent payable under this Lease for the following months: thirty-second, thirty-third, thirty-fourth, thirty-fifth and forty-second months immediately following the Commencement Date. Section 1.4 Upon the occurrence of Commencement Date, Landlord may send a notice to Tenant confirming same. In such event Tenant shall confirm such date with reasonable promptness. The failure of Tenant to so confirm the Commencement Date shall not affect the validity thereof, as determined by Landlord, or any of the other provisions of this Lease. The Rent for any portion Landlord shall use reasonable efforts to provide Tenant with at least five (5) days advance notice of a calendar month included in the Term shall be prorated in the ratio that the number of days in such portion bears to the actual number of days in such month. If, on the Rent Commencement Date, or thereafter, Tenant shall be in default in the payment of Rent to Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. 1.1 Section 1.1. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter called, Premises for the “Premises”) in the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) Term to commence on the Commencement Date (hereinafter defined) and to end on the date (the "Fixed Expiration Date") which is the last day of the month in which the day immediately preceding the fifth (5th) anniversary of the Rent Commencement Date shall occur, at an annual rent (the "Fixed Rent") of: (i) Two Hundred Thousand One Hundred Seventy Dollars ($200,170) per annum for the period (the "1st Rental Period") commencing on the Rent Commencement Date and ending on the day immediately preceding the two (2) year, six (6) month anniversary of the Rent Commencement Date, or if the Rent Commencement Date shall occur other than on the first day of the month, ending on the last day of the month in which the two (2) year, six (6) month anniversary of the Rent Commencement Date shall occur ($16,680.83 per month), and (ii) Two Hundred Sixteen Thousand Four Hundred Dollars ($216,400) per annum for the period commencing on the day next succeeding the end of the 1st Rental Period and ending on the Fixed Expiration Date (hereinafter defined$18,033.33 per month), (which Fixed Rent amounts include the Electricity Inclusion Factor) both dates inclusive unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law for the Rent herein reserved. which Tenant agrees to pay the Rent provided for herein in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, installments in advance, on the first (1st) day of each calendar month during the Term from and after commencing on the Rent Commencement Date Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (whatsoever, except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first full monthly installment on the execution hereof. At the request of this Lease. The Landlord, Fixed Rent for any portion of a calendar month included in the Term shall be prorated in payable when due by wire transfer of funds to an account designated from time to time by Landlord. Section 1.2. If the ratio that Rent Commencement Date shall occur on a date other than the number first (1st) day of days in such portion bears to the actual number of days in such any calendar month. If, then, on the Rent Commencement Date, or thereafter, Tenant shall be in default pay to Landlord an amount equal to Five Hundred Fifty-Six and 03/100 Dollars ($556.03), multiplied by the number of calendar days in the payment of period from the Rent to Landlord pursuant Commencement Date to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment last day of the month in which the Rent and the same Commencement Date shall be payable occur, both dates inclusive. Section 1.3. Tenant shall pay to Landlord Landlord, as additional rent, on account of electricity consumed at the Premises, an amount equal to One Thousand Three Hundred Fifty-two and 50/100 Dollars ($1,352.50) per month during the period commencing on the Commencement Date and ending on the day immediately preceding the Rent Commencement Date. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. 1.1 A. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) second floor also known and the third floor and the fourth floor, as Suite 1401 and as further described more particularly shown on Exhibit 1 1, annexed hereto and made a part hereof (hereinafter called, the “called "Premises”") in the building known as 0000 Xxxxxxxx000 Xxxx 00xx Xxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxxin the Borough of Manhattan, Xxxx, Xxxxxx County City and State of New York (said building is hereinafter called, called the “"Building” " and the BuildingBuilding , together with the plot of land upon which it stands, is hereinafter called, called the “"Real Property”") for a term (hereinafter called, called the “"Term”") to commence on the Commencement Date (hereinafter defined) and to end on the Expiration Date (hereinafter defined) both dates inclusive unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease lease or pursuant to law for at the Rent, (hereinafter defined which Rent herein reserved. shall also include any additional rent payable hereunder), which Rent Tenant agrees to pay the Rent provided for herein in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time tine of payment, ' in equal monthly installments, in advance, commencing on the Rent Commencement Date (hereinafter defined) and on the first (1st) day of each calendar month thereafter during the Term from and after the Commencement Date (except as hereinafter otherwise provided), at the office of Landlord or such other place as Landlord may designate, designate without any set-off, offset, abatement or deduction whatsoever unless otherwise set forth herein, if the Rent Commencement Date shall occur on a date other than the first (except as otherwise expressly provided for in this Lease)1st) day of any calendar month, provided, however, that Tenant shall pay to Landlord, on the first (1st) day of the month next succeeding the month during which the Rent Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment on of Rent as the number of days from and including the Rent Commencement Date bears to the total number of days in said calendar month. Such payment, together with the sum paid by Tenant upon execution of this Lease. The , shall constitute payment of the Rent for any portion of a calendar month included in the Term shall be prorated in the ratio that the number of days in such portion bears to the actual number of days in such month. If, on period from the Rent Commencement Date, or thereafter, Tenant shall be in default in Date to and including the payment of Rent to Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment last day of the Rent and the same shall be payable to Landlord as additional rentnext succeeding calendar month. 1.2 B. The following definitions contained in this Section 1.2 subsection B of this Article I 1 shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

DEMISE, PREMISES, TERM, RENT. 1.1 Section 2.1. Landlord hereby leases the Premises to Tenant Tenant, and Tenant hereby hires leases the Premises from Landlord a portion of Landlord, for the fourteenth Term, at an annual rent (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter called, the “PremisesFixed Rent”) in as follows: (a) With respect to the building known 8th Floor Premises, as 0000 Xxxxxxxxset forth on Schedule 1; and (b) With respect to the 15th Floor Premises, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) to commence as set forth on the Commencement Date (hereinafter defined) and to end on the Expiration Date (hereinafter defined) both dates inclusive unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law for the Rent herein reservedSchedule 2. Section 2.2. Tenant agrees shall pay Fixed Rent to pay the Rent provided for herein Landlord or its designee without notice or demand, in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of paymentStates, in equal monthly installments, installments in advance, advance commencing on the Commencement Date and thereafter on the first (1st) day of each calendar month during the Term from (except that Tenant shall pay the first monthly installment of Fixed Rent due upon the execution and after the Commencement Date delivery of this Lease by Tenant), at the Landlord’s office of Landlord or such other place address as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (except as otherwise expressly provided for in this Lease). Fixed Rent and Additional Rent shall be payable either (a) by check drawn on a bank that is a member of the New York Clearing House Association, providedor on any other bank reasonably acceptable to Landlord with an office in New York City or chartered as a national banking association or (b) by wire transfer of immediately available funds, however, that Tenant shall pay at Tenant’s election. Section 2.3. If the Commencement Date does not fall on the first monthly installment (1st) day of any calendar month, or if the Expiration Date does not fall on the execution last day of this Lease. The any calendar month, then the Fixed Rent for any portion of a the partial calendar month included in which the Term Commencement Date or Expiration Date occurs, as applicable, shall be prorated in the ratio that the number of days in such portion bears to based on the actual number of days in such monthmonth included in the Term. Section 2.4. If, Landlord hereby gives Tenant permission to occupy other premises on the Rent Commencement fifteenth floor in the Building as shown on the floor plan attached to this Lease as Exhibit C (such premises, the “Temporary Space”), until the earlier of (i) thirty (30) days after Tenant gives Landlord written notice of Tenant’s desire to terminate its occupancy of the Temporary Space or (ii) August 31, 2007 (the earlier of said dates being referred to as the “Temporary Space Surrender Date”). Tenant’s use and occupancy of the Temporary Space shall be on a full service gross basis under, and subject to, all of the terms, covenants and conditions of this Lease, other than Article 7 and Section 10.1(b), and provided that the electrical infrastructure for the Temporary Space is sufficient to provide 200 amperes of 460 volt, 3-phase, 4-wire, AC electrical capacity. All of the costs and expenses related to Tenant’s move into the Temporary Space, and the use and occupancy thereof (including, without limitation, the installation and use of telecommunications equipment), shall be paid and borne by Tenant. On or thereafterbefore the Temporary Space Surrender Date, Tenant shall quit and surrender to Landlord the Temporary Space in a broom clean condition, with all of Tenant’s furniture and other personal property removed. The cost and expense of moving all of Tenant’s property, including, without limitation, its telecommunications equipment out of the Temporary Space on or before the Temporary Space Surrender Date shall be paid and borne by Tenant. To compensate Landlord for Tenant’s use and occupancy of the Temporary Space, Tenant shall pay Landlord the sum of [***] (the “Temporary Space License Fee”) for every month from the date hereof until the Temporary Space Surrender Date (prorated for the period from the date hereof to March 31st), which amount shall be in default in addition to the payment of Fixed Rent and Additional Rent payable under this Lease with respect to the Premises. If Tenant fails to so quit and surrender to Landlord pursuant the Temporary Space on or before the Temporary Space Surrender Date, then, in addition to the terms all of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option rights and without notice to Tenant, add the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout remedies under this Lease, Exhibitsat law and in equity, SchedulesTenant covenants and agrees to pay through the date that Tenant so quits and surrenders to Landlord the Temporary Space, for Tenant’s use and Riders (if any)occupancy thereof, an amount equal to twice the Temporary Space License Fee for each month or portion thereof after the Temporary Space Surrender Date. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter called, the “Premises”) in the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) Premises for a term (hereinafter called, the “Term”) to commence on the Commencement Date (hereinafter defined) and to end on the Fixed Expiration Date (hereinafter defined) both dates inclusive unless Date. Landlord shall reasonably determine the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law for the Rent herein reserved. Tenant agrees to pay the Rent provided for herein in lawful money of the United States date on which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, on the first (1st) day of each calendar month during the Term from and after the Commencement Date at shall have occurred and shall notify Tenant of the office date so determined. If Tenant disagrees with Landlord’s determination of Landlord or the Commencement Date, Tenant may object to such other place as Landlord determination within thirty (30) days after Landlord’s delivery of its written determination of such date to Tenant and thereafter either party may designate, without any set-off, offset, abatement or deduction whatsoever (except as otherwise expressly provided for in submit such matter to arbitration pursuant to the provisions of Section 38.7 of this Lease), ; provided, however, that Tenant shall pay all Fixed Rent and Additional Rent, and perform all other obligations consistent with Landlord’s determination of the Commencement Date, subject to refund or credit, together with interest at the Applicable Rate on the amount so refunded or credited (such interest to computed from the date such amount to be credited or refunded was paid by Tenant to Landlord). Landlord shall credit or refund any such amount within thirty (30) days of the date that such matter is resolved by arbitration or by mutual agreement. Section 1.2 In determining whether or not the Commencement Date occurred on the date determined by Landlord, the following shall apply: (i) Landlord’s Pre-Commencement Date Work shall be deemed to have been substantially completed notwithstanding the fact that there may be unperformed obligations in respect of Landlord’s Pre-Commencement Date Work as of such Commencement Date, so long as such unperformed obligations do not actually interfere with the performance of Tenant’s Initial Alterations beyond a de minimis amount; and (ii) if Landlord’s Pre-Commencement Date Work shall be deemed to have been substantially completed with respect to a portion of the Premises comprising an entire rental unit (which shall mean, for purposes of this Section 1.1 and the first monthly installment on sentence of Section 28.4, all of the execution seventeenth (17th) floor of this Lease. The Rent for any the Building, or all of the portion of a calendar month the eighteenth (18th) floor included in the Term Premises, or any First Offer Space to be included in the Premises) which is less than the entire Premises then, notwithstanding the fact that Landlord’s Pre-Commencement Date Work shall not have been performed with respect to the balance of the Premises, and so long as Tenant shall be prorated capable of commencing the performance of Tenant’s Initial Alterations in such rental unit, the Commencement Date shall nonetheless be deemed to have occurred with respect to the entire Premises; provided that Tenant shall not be responsible under this Lease for anything that occurs in, or be required to maintain any insurance with respect to, or take care of, or observe any Requirements in respect of, the balance of the Premises until Landlord’s Pre-Commencement Date Work shall have been completed in the ratio that balance of the Premises and, in such case, Tenant shall be entitled to a credit against Fixed Rent equal to the product of a fraction (x) the numerator of which is the product of $37.00 multiplied by number of days rentable square feet in such portion bears the rentable unit in respect of which Landlord’s Pre-Commencement Date Work has not been substantially completed (which rentable square feet shall be deemed to be, for purposes of this Section 1.2, 45,788 rentable square feet with respect to the actual number seventeenth (17th) floor of days the Building, and 29,218 rentable square feet with respect to the portion of the eighteenth (18th) floor included in the Premises) and (y) the denominator of which is 365, for each day that Landlord’s Pre-Commencement Date Work shall not have been substantially completed with respect to such month. If, on remaining portion of the Premises. Section 1.3 Upon the determination of the Commencement Date and the Rent Commencement Date, as aforesaid, the parties shall within ten (10) days thereafter, at either party’s request, execute a written agreement confirming such dates, which agreement shall be in the form annexed hereto as Exhibit M. Any failure of the parties to execute such written agreement shall not affect the validity of the Commencement Date, the Rent Commencement Date or, if Tenant exercises its option pursuant to Section 1.5 hereof, the date on which the Rent Abatement Period, as extended pursuant to Section 1.5, shall end, in each case, as reasonably determined by Landlord or thereafterthe arbitrators, as applicable. Section 1.4 Commencing upon the Rent Commencement Date, Tenant shall pay to Landlord, in lawful money of the United States of America, without notice or demand, in lawful money of the United States, by good and sufficient check drawn to Landlord’s order on a bank or trust company which is a member of the New York Clearinghouse Association, or a successor thereto, having an office in the Borough of Manhattan, the City of New York, State of New York, at the office of Landlord, or at such other place as Landlord may designate from time to time; or, at Landlord’s election, by wire transfer of immediately available federal funds to Landlord or its designee to the account identified in the Reference Data initially set forth in this Lease, or to any other account as Landlord may designate by advance notice to Tenant, the following: (A) fixed rent (“Fixed Rent”), at the annual fixed rental rate set forth in the Reference Data initially set forth in this Lease, which Fixed Rent shall be payable in equal monthly installments, in advance on the first day of each and every calendar month during the Term, except that the first monthly installment of Fixed Rent shall be payable by Tenant upon execution of this Lease; and (B) additional rent (“Additional Rent”) consisting of all other sums of money (including, without limitation, Escalation Rent) as shall become due from and be payable by Tenant under this Lease (for default in the payment of which Landlord shall have the same remedies as for a default in the payment of Fixed Rent). Section 1.5 Tenant shall not be required to pay that portion of the Fixed Rent as shall be equal to Landlord the corresponding Fixed Rent for the period (the “Fixed Rent Abatement Period”)commencing on the Commencement Date and ending on the day immediately preceding the Rent Commencement Date, as such Rent Abatement Period may be extended pursuant to the terms provisions next following. Provided an Event of another lease Default shall not have occurred and then be continuing, Tenant shall have the option, at Tenant’s election, to extend the Fixed Rent Abatement Period for an additional period of space one hundred eighty (180) days, provided Tenant gives Landlord written notice of such election on or before the date which is the earlier to occur of (i) the thirtieth (30th) day prior to the first anniversary of the Commencement Date or (ii) the date that Tenant shall have applied for the disbursement of more than $3,750,000.00 from the Tenant Fund (said date is herein referred to as the “Rent Abatement Extension Deadline”). In the event Tenant fails to exercise such option on or before the Rent Abatement Extension Deadline, then the option set forth in this Section 1.5 shall be null and void and deleted from this Lease. In the event Tenant exercises such option on or before the Rent Abatement Extension Deadline, then (i) the Rent Abatement Period shall be extended to the date which is one hundred eighty (180) days following the originally scheduled Rent Commencement Date, (ii) any reference in this Lease to the “Rent Commencement Date” shall refer to the Rent Commencement Date, as extended by the option set forth herein, and (iii) notwithstanding the provisions of Section 3.2 hereof, the Tenant Fund set forth in Section 3.2 of this Lease shall be automatically reduced from $5,137,911.00 to $3,750,000.00, effective as of the date Tenant exercises the option set forth in this Section 1.5 to extend the Rent Abatement Period. Section 1.6 (A) In addition to Tenant’s election to extend the Fixed Rent Abatement Period in accordance with Section 1.5 of this Lease, if the Commencement Date shall not have occurred by March 15, 2006 for any reason other than (i) a delay in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment occurrence of the Commencement Date resulting from the performance by Landlord of any ACM Abatement Work (as said term is defined in Section 6.1 of this Lease), which may not exceed fifteen (15) days in the aggregate, (ii) a Tenant Delay (as said term is defined in Exhibit B to this Lease), or (iii) one or more Unavoidable Delays (as said term is defined in Article 25 of this Lease) which may not exceed fifteen (15) days in the aggregate, the Fixed Rent and the same Abatement Period shall be payable extended for one (1) and one-half (1/2) additional days for each day after March 15, 2006 until the day immediately preceding the date that the Commencement Date actually occurs. In the event the Fixed Rent Abatement Period is extended as aforesaid, any reference in this Lease to Landlord the “Rent Commencement Date” shall refer to the Rent Commencement Date, as additional rent. 1.2 The following definitions extended by the provisions of this Section 1.6 (and, if and to the extent applicable, Section 1.5 of this Lease). Nothing contained in this Section 1.2 1.6(A) shall reduce the amount of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any)Tenant Fund.

DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter calledLandlord, the “Premises”) in Premises for the building known as 0000 Xxxxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) Term to commence on the date hereof (the “Commencement Date (hereinafter definedDate”) and to the end on August 31, 2006 the “Fixed Expiration Date Date”), at an annual rent (hereinafter definedthe “Fixed Rent”) both dates inclusive unless the Term shall sooner end pursuant to any of: (i) Four Hundred Seventeen Thousand Six Hundred Dollars ($417,600.00) per annum, payable in equal monthly installments of the terms, covenants or conditions of this Lease or pursuant to law for $34,800.00 commencing on the Rent herein reserved. Commencement Date through and including August 31, 2001; and (ii) Four Hundred Seventy Five Thousand Six Hundred Dollars ($475,600.00) per annum, payable in equal monthly installments of $39,633.33, commencing on September 1, 2001 through and including the Fixed Expiration Date, which Fixed Rent Tenant agrees to pay the Rent provided for herein in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, installments in advance, on the first (1st) day of each calendar month during the Term Term, from and after the Rent Commencement Date Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (whatsoever, except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first full monthly installment of Fixed Rent ($34,800) on the execution hereof. At the request of Landlord, Fixed Rent shall be payable when due by wire transfer of funds to an account designated from time to time by Landlord, except that Landlord shall not require wire transfer from Tenant unless it is then requiring wire transfer from more than 50% of the tenants in the Building. Section 1.2 Should the obligation to pay Fixed Rent commence on a day other than on the first day of a month (or should this Lease. The Lease expire or terminate on any day other than the last day of a month), then the Fixed Rent for any portion of a calendar such month included in the Term shall be prorated on a per diem basis. Section 1.3 Provided Tenant is not then in default hereunder, the ratio that Fixed Rent set forth in Section 1.l(i) above shall be abated during the number month of days March in such portion bears to each of the actual number of days in such monthyears 1999 through 2004 inclusive. IfHowever, on if the Rent Commencement Datedefault is cured, or thereafter, then thereafter Tenant shall be receive the abatement to which it is entitled (including any abatement not received during the applicable month of March because Tenant was then in default in the payment of Rent to Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if anydefault).

DEMISE, PREMISES, TERM, RENT. 1.1 Section 2.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter calledPremises for the Term to commence, the “Premises”) in the building known as 0000 Xxxxxxxxsubject to Article 23, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxxx, Xxxxxx and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) to commence on the applicable Commencement Date (hereinafter defined) and to end on the Fixed Expiration Date (hereinafter defined) both dates inclusive Date, unless the Term shall sooner end pursuant to any of the terms, covenants earlier terminated or conditions of this Lease extended as provided herein or pursuant to law applicable Laws. Notwithstanding the foregoing, if any or all of the entire 7th, 8th or 9th floors shall become vacant and available prior to the expiration of the lease of such portions of the Premises due to the default of the tenant of such space and Landlord’s successful eviction of such tenant, then Landlord may accelerate the Commencement Date for such portion of the Premises to an earlier date by giving Notice thereof to Tenant, provided that (i) the accelerated Commencement Date shall not be earlier than 60 days after the date of such Notice to Tenant and (ii) in no event may the Commencement Date be accelerated to a date earlier than January 1, 2008. If Landlord has accelerated the Commencement Date for such portion of the Premises in accordance with this Section 2.1 and collects damages attributable to Fixed Rent and Escalation Rent from the prior tenant of such portion of the Premises for a period for which Tenant has also paid Fixed Rent and Escalation Rent for such portion of the Premises, Landlord (after recovering its expenses) shall pay Tenant the amount of such damages collected, up to the amount paid by Tenant to Landlord for the Rent herein reservedcorresponding period of time. Tenant agrees shall also have, as appurtenant to the Premises, the use, on a non-exclusive basis and in common with the other tenants in the Building (and subject to Landlord’s Rules and Regulations), the common areas of the Building and the Land, including (i) the public lobby, public hallways and public stairways, (ii) the public elevators and loading dock (if any), (iii) common walkways necessary for access to the Building, and (iv) all other parts of the Real Property made available by Landlord to all tenants in the Building. Tenant, at its own risk and on a non-exclusive basis, may use the Building stairways between floors of the Premises solely to enable Tenant’s employees to access floors comprising the Premises, provided that such use by Tenant (x) complies with all Laws, (y) does not disrupt or interfere with the proper and safe operation of the Building by Landlord and (z) does not interfere with the occupancy by other tenants of the Building. Tenant shall make its own security arrangements relating to the use of such stairways, provided that it shall consult with Landlord regarding such arrangements and continue to afford Landlord access to the Premises and such stairways in accordance with the applicable provisions of this Lease. To the extent any of Tenant’s floors are so-called “re-entry” floors, Tenant, at its expense, shall tie such floors into the Class E Systems. Section 2.2 Tenant shall pay the Rent provided for herein to Landlord, in lawful money of the United States which shall be legal tender of America, without notice or demand, by good and sufficient check drawn to the Landlord’s order on a bank or trust company with an office in payment the Borough of all debts and duesManhattan, public and privatethe City of New York, State of New York, or, at the time of paymentTenant’s option, in equal monthly installmentsby wire transfer, in advance, on the first (1st) day of each calendar month during the Term from and after the Commencement Date at the office of Landlord or at such other place as Landlord may designatedesignate from time to time, without any set-off, offset, abatement or deduction whatsoever the following: (except as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first monthly installment on the execution of this Lease. The Rent for any portion of a calendar month included in the Term shall be prorated in the ratio that the number of days in such portion bears to the actual number of days in such month. If, on A) commencing upon the Rent Commencement Date for the applicable portion of the Premises, the Fixed Rent, as set forth in the Reference Page, which shall be payable in equal monthly installments of Fixed Rent in advance on the first day of each and every calendar month during the Term; and (B) commencing upon the Commencement Date, or thereafteradditional rent (“Additional Rent”) consisting of all other sums of money (including, without limitation, Escalation Rent) as shall become due from and be payable by Tenant shall be in hereunder (for default in the payment of Rent to which Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout same remedies as for a default in the payment of Fixed Rent). Except as otherwise expressly provided in this Lease, Exhibitsall Additional Rent which is not a recurring, Schedulesperiodic payment shall be due within 30 days after written demand therefor. Section 2.3 If the Rent Commencement Date is other than the first day of a calendar month, or the Expiration Date is other than the last day of a calendar month, Fixed Rent for such month shall be prorated on a per diem basis based upon the number of days occurring in the calendar month in which the applicable Rent Commencement Date occurs or the calendar month in which the Expiration Date occurs. Section 2.4 Tenant shall pay the Fixed Rent and Additional Rent when due without abatement, deduction, counterclaim, setoff or defense for any reason whatsoever, except such abatements, deductions, counterclaims, setoffs or defenses as may be occasioned by the occurrence of any event permitting same as specifically set forth in this Lease. Section 2.5 With respect to the 7th, 8th and 9th floors, Landlord will give Tenant Notice at least five (5) Business Days in advance of the date when Landlord expects Landlord’s Work to be Substantially Completed, but Landlord shall not incur any liability whatsoever to Tenant in the event Landlord’s Work is not Substantially Completed by such date, except as expressly provided in this Lease. Section 2.6 Landlord shall submit to Tenant a written agreement, substantially in the form annexed as Schedule H, confirming the dates fixed by Landlord, in accordance with the provisions of this Lease, as the Commencement Dates, the Rent Commencement Dates and the Fixed Expiration Date, and Riders Tenant shall execute such agreement and return it to Landlord within ten (if any)10) Business Days thereafter. Any failure of the parties to execute such written agreement shall not affect the validity of the Commencement Dates, the Rent Commencement Dates or the Fixed Expiration Date as fixed and determined by Landlord as aforesaid. If Tenant disputes any Commencement Date, then Tenant must give Landlord Notice of the nature of, and reasons for, such dispute within such ten (10) Business Day period.