Common use of Early Expiration Clause in Contracts

Early Expiration. Tenant shall have the right to cause the term of this Lease to expire on that date which is the first day of the 37th full calendar month following the Commencement Date (herein the "Revised Expiration Date"), upon and subject to the following provisions. (a) This right shall be exercised, if at all, by written notice (the "Expiration Notice") given by Tenant to Landlord no later than one hundred eighty (180) days prior to the Revised Expiration Date. Such Expiration Notice shall be valid only if (i) it is given within the time specified above, (ii) prior to the giving of such notice, Tenant shall not have assigned its interest hereunder or sublet all or any portion of the Premises for a term that would extend beyond the Revised Expiration Date, (iii) Tenant shall not be in default and no act, event, condition, or omission has occurred which, alone or together with notice and/or the passage of time, would constitute a default under the terms of this Lease, and (iv) such Expiration Notice is accompanied by the payment required by paragraph (b) below. (b) The Expiration Notice shall be deemed given and received only if accompanied by payment, by cashier's check, of an amount equal to one month of rent (i.e., $14,253.33). In the event rent hereunder shall increase, then the amount of the payment shall increase proportionately. The parties agree that such payment is to be paid to compensate Landlord for economic loss which Landlord would suffer by reason of the early expiration of this Lease and that the amount of such compensation has been negotiated by the parties and is agreed to be reasonable. Tenant understands that Landlord does not typically grant early expiration rights and that Landlord would be unwilling to grant such a right in this Lease absent this agreement to be reasonably compensated. (c) Upon the giving of the Expiration Notice and the making of the payment required above, the expiration date of the term of this Lease shall be and become the Revised Expiration Date as perfectly as if such Revised Expiration Date had been the expiration date originally set forth in this Lease. Until such Revised Expiration Date, this Lease shall continue in full force and effect (except as specified in paragraph (d) below), without abatement of rent or other diminishment of the obligations of Tenant hereunder. The expiration of the Lease upon the Revised Expiration Date shall not terminate any previously accrued liabilities or obligations of Tenant, all of which shall survive such expiration. (d) The giving of an Expiration Notice shall constitute the irrevocable waiver by Tenant of any right to exercise any option to renew or to extend this Lease and the waiver of any right of first refusal, first opportunity, or other right to lease or to negotiate for the lease of additional space. (e) In the event Tenant exercises any right to renew or extend the term of this Lease or to Lease any additional space to be added to the Premises, then the exercise of any such right shall automatically amend the provisions of this Section (e) to reset the Revised Expiration Date to be that date which is the first day of the 37th month following the first day of the renewal or extension term or the first day upon which Tenant accepts rent paying occupancy of the additional space, as the case may be, and the amount of the payment required to be made at the time of the giving of the Exercise Notice shall be equal to two times the monthly rent payable for the last month preceding the Revised Expiration Date.

Early Expiration. Tenant shall have In the right to cause event that either (A) following the term of this Lease to expire on that date which is the first day one-year anniversary of the 37th full calendar month Issue Date, the Market Price (as defined in the Articles of Amendment) of the Common Stock during any period of twenty (20) consecutive Trading Days is greater than 2.02 times the Initial Conversion Price (subject to adjustment as provided herein), or (B) following the Commencement Date date on which the Company completes a firm-commitment underwritten public offering of its Common Stock, the Market Price (as defined in the Articles of Amendment) of the Common Stock during any period of twenty (20) consecutive Trading Days is equal to or greater than 2.02 times the Initial Conversion Price (subject to adjustment as provided herein)(either of (A) or (B) being referred to herein the as an "Revised Expiration DateTrigger Event"), upon and subject the Company may deliver to the Holder, within five (5) business days following provisions. the occurrence of an Expiration Trigger Event, and as long as each of the Resale Conditions (aas defined below) This right shall be exercisedhave been satisfied, if at all, by a written notice to such effect (the a "Expiration Notice") given by Tenant to Landlord no later than one hundred eighty and this Warrant shall expire on the date (180) days prior to the Revised "Early Expiration Date. Such Expiration Notice shall be valid only if ") which is fifteen (i15) it is given within Trading Days following the time specified above, (ii) prior to the giving of such notice, Tenant shall not have assigned its interest hereunder or sublet all or any portion of the Premises for a term that would extend beyond the Revised Expiration Date, (iii) Tenant shall not be in default and no act, event, condition, or omission has occurred which, alone or together with notice and/or the passage of time, would constitute a default under the terms of this Lease, and (iv) business day on which such Expiration Notice is accompanied by delivered to the payment required by paragraph Holder. The "Resale Conditions" are as follows: (bI) below. either (bA) The Expiration Notice shall be deemed given the Registration Statement (as defined in the Registration Rights Agreement between the Company and received only if accompanied by payment, by cashier's check, of an amount equal the Holder) relating to one month of rent (i.e., $14,253.33). In the event rent hereunder shall increase, then the amount resale of the payment shall increase proportionately. The parties agree that such payment is to be paid to compensate Landlord Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration Period"), has been available for economic loss which Landlord would suffer by reason the resale of (i) all of the early expiration Warrant Shares into which this Warrant is exercisable and (ii) all of this Lease the Conversion Shares issuable upon conversion of the Preferred Shares (each as defined in the Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the amount conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such compensation Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (II) no Mandatory Redemption Event (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has been negotiated by the parties occurred and is agreed to be reasonable. Tenant understands that Landlord does not typically grant early expiration rights and that Landlord would be unwilling to grant such a right in this Lease absent this agreement to be reasonably compensatedcontinuing at any time during the Early Expiration Period. (c) Upon the giving of the Expiration Notice and the making of the payment required above, the expiration date of the term of this Lease shall be and become the Revised Expiration Date as perfectly as if such Revised Expiration Date had been the expiration date originally set forth in this Lease. Until such Revised Expiration Date, this Lease shall continue in full force and effect (except as specified in paragraph (d) below), without abatement of rent or other diminishment of the obligations of Tenant hereunder. The expiration of the Lease upon the Revised Expiration Date shall not terminate any previously accrued liabilities or obligations of Tenant, all of which shall survive such expiration. (d) The giving of an Expiration Notice shall constitute the irrevocable waiver by Tenant of any right to exercise any option to renew or to extend this Lease and the waiver of any right of first refusal, first opportunity, or other right to lease or to negotiate for the lease of additional space. (e) In the event Tenant exercises any right to renew or extend the term of this Lease or to Lease any additional space to be added to the Premises, then the exercise of any such right shall automatically amend the provisions of this Section (e) to reset the Revised Expiration Date to be that date which is the first day of the 37th month following the first day of the renewal or extension term or the first day upon which Tenant accepts rent paying occupancy of the additional space, as the case may be, and the amount of the payment required to be made at the time of the giving of the Exercise Notice shall be equal to two times the monthly rent payable for the last month preceding the Revised Expiration Date.

Early Expiration. Tenant shall have In the right to cause event that following the term of this Lease to expire on that date which is the first day Effective Date ---------------- of the 37th full calendar month following Registration Statement filed pursuant to Section 4.6.3 of the Commencement Date Exchange Agreement, the Closing Bid Price (herein as defined herein) of the Common Stock during any period of five (5) consecutive Trading Days is equal to or greater than $2.00 (subject to adjustment as provided herein) (the "Revised First Expiration DateTrigger ------------------------ Event") or is equal to or greater than $3.00 (subject to adjustment as provided ----- herein) (the "Second Expiration Trigger Event"), upon and subject the Company may deliver to the following provisions. (a) This right shall be exercised------------------------------- Holder at any time that the Closing Bid Price equals or exceeds $2.00 in the case of the First Expiration Trigger Event or $3.00 in the case of the Second Expiration Trigger Event, if at all, by written notice (the "Early Expiration Notice") given by Tenant that ----------------------- the Warrant shall expire for up to Landlord no later than one hundred eighty an aggregate of one-third (1801/3 rd) days prior to the Revised Expiration Date. Such Expiration Notice shall be valid only if (i) it is given within the time specified above, (ii) prior to the giving of such notice, Tenant shall not have assigned its interest hereunder or sublet all or any portion of the Premises Initial Shares for a term that would extend beyond each of the Revised First Expiration Date, (iii) Tenant shall not be in default Trigger Event and no act, event, condition, or omission has occurred which, alone or together with notice and/or the passage of time, would constitute a default under the terms of this Lease, and (iv) such Second Expiration Notice is accompanied by the payment required by paragraph (b) below. (b) The Expiration Notice shall be deemed given and received only if accompanied by payment, by cashier's check, of an amount equal to one month of rent (i.e., $14,253.33)Trigger Event. In the event rent hereunder that the Company delivers to the Holder an Early Expiration Notice in accordance with the foregoing, this Warrant shall increase, then expire with respect to the amount number of shares indicated in the Early Expiration Notice on the date (the "Early Expiration Date") which is thirty (30) Business --------------------- Days following the Business Day on which such Early Expiration Notice is delivered to the Holder. The Company may give more than one Early Expiration Notice with respect to each of the payment shall increase proportionatelyFirst Expiration Trigger Event and Second Expiration Trigger Event so long as the aggregate number of shares subject to all such notices for each of the First and Second Expiration Trigger Events does not exceed one-third (1/3 rd) of the Initial Shares. The parties agree that "Closing Bid Price" ----------------- shall mean, with respect to the Common Stock, the Closing Bid Price for the Common Stock occurring on a given Trading Day on the principal securities exchange or trading market where such payment security is to be paid to compensate Landlord listed or traded as reported by Bloomberg Financial Markets ("Bloomberg") or, if Bloomberg is not then reporting such prices, by a comparable reporting service of national reputation selected by the Company or if the foregoing does not apply, the last reported bid price of such security in the over-the-counter market on the electronic bulletin board for economic loss which Landlord would suffer such security as reported by reason Bloomberg or, if no bid price is reported for such security by Bloomberg, the average of the early expiration bid prices of this Lease and that all market makers for such security as reported in the amount of such compensation has been negotiated "pink sheets" by the parties and is agreed to be reasonable. Tenant understands that Landlord does not typically grant early expiration rights and that Landlord would be unwilling to grant such a right in this Lease absent this agreement to be reasonably compensated. (c) Upon the giving of the Expiration Notice and the making of the payment required aboveNational Quotation Bureau, the expiration date of the term of this Lease shall be and become the Revised Expiration Date as perfectly as if such Revised Expiration Date had been the expiration date originally set forth in this Lease. Until such Revised Expiration Date, this Lease shall continue in full force and effect (except as specified in paragraph (d) below), without abatement of rent or other diminishment of the obligations of Tenant hereunder. The expiration of the Lease upon the Revised Expiration Date shall not terminate any previously accrued liabilities or obligations of Tenant, all of which shall survive such expiration. (d) The giving of an Expiration Notice shall constitute the irrevocable waiver by Tenant of any right to exercise any option to renew or to extend this Lease and the waiver of any right of first refusal, first opportunity, or other right to lease or to negotiate for the lease of additional space. (e) In the event Tenant exercises any right to renew or extend the term of this Lease or to Lease any additional space to be added to the Premises, then the exercise of any such right shall automatically amend the provisions of this Section (e) to reset the Revised Expiration Date to be that date which is the first day of the 37th month following the first day of the renewal or extension term or the first day upon which Tenant accepts rent paying occupancy of the additional space, as the case may be, and the amount of the payment required to be made at the time of the giving of the Exercise Notice shall be equal to two times the monthly rent payable for the last month preceding the Revised Expiration Date.Inc.

Early Expiration. Tenant shall have In the right to cause event that following the term of this Lease to expire on that date which is the first one hundred ---------------- eightieth-day anniversary of the 37th full calendar month following Issue Date, the Commencement Date Closing Bid Price (herein as defined in the Securities Purchase Agreement) of the Common Stock during any period of ten (10) consecutive Trading Days is equal to or greater than $_________ (subject to adjustment as provided herein) (an "Revised Expiration DateTrigger Event"), upon and subject the ------------------------ Company may deliver to the Holder, within five (5) business days following provisions. the occurrence of an Expiration Trigger Event, and as long as each of the Resale Conditions (aas defined below) This right shall be exercisedhave been satisfied, if at all, by a written notice to such effect (the a "Expiration Notice") given by Tenant to Landlord no later than one hundred eighty and this Warrant shall expire on the date (180) days prior to the Revised ----------------- "Early Expiration Date. Such Expiration Notice shall be valid only if ") which is thirty (i30) it is given within Trading Days following the time specified above, (ii) prior to the giving of such notice, Tenant shall not have assigned its interest hereunder or sublet all or any portion of the Premises for a term that would extend beyond the Revised Expiration Date, (iii) Tenant shall not be in default and no act, event, condition, or omission has occurred which, alone or together with notice and/or the passage of time, would constitute a default under the terms of this Lease, and (iv) --------------------- business day on which such Expiration Notice is accompanied by delivered to the payment required by paragraph Holder, provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (b30) below. (b) The Expiration Notice shall be deemed given and received only if accompanied by payment, by cashier's check, of an amount equal to one month of rent (i.e., $14,253.33). In the event rent hereunder shall increase, then the amount Trading Days as a result of the payment shall increase proportionately. The parties agree that such payment is to be paid to compensate Landlord for economic loss which Landlord would suffer by reason of the early expiration of this Lease and that the amount of such compensation has been negotiated by the parties and is agreed to be reasonable. Tenant understands that Landlord does not typically grant early expiration rights and that Landlord would be unwilling to grant such a right in this Lease absent this agreement to be reasonably compensated. (c) Upon the giving of the Expiration Notice and the making of the payment required above, the expiration date of the term of this Lease shall be and become the Revised Expiration Date as perfectly as if such Revised Expiration Date had been the expiration date originally limitations set forth in this Lease. Until such Revised Expiration DateSection 4 hereof, this Lease shall continue in full force and effect (except as specified in paragraph (d) below), without abatement of rent or other diminishment then with respect to the portion of the obligations of Tenant hereunder. The expiration of Warrant that can not be so exercised, the Lease upon the Revised Early Expiration Date shall not terminate any previously accrued liabilities or obligations be extended until twenty (20) Business Days after such portion of Tenantthe Warrant can be exercised in its entirety. The "Resale Conditions" are as follows: (I) either ----------------- (A) the Registration Statement (as defined in the Registration Rights Agreement between the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration ---------------- Period"), has been available for the resale of (i) all of the Warrant Shares ------ into which shall survive this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of the Preferred Shares (each as defined in the Series C-2 Preferred Stock Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such expiration. Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (dII) The giving no Mandatory Redemption Event (as defined in the Series C-2 Preferred Stock Articles of Amendment) (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is continuing at any time during the Early Expiration Notice shall constitute Period. Notwithstanding the irrevocable waiver by Tenant of foregoing, the Holder may exercise all or any right to exercise any option to renew or to extend this Lease and the waiver of any right of first refusal, first opportunity, or other right to lease or to negotiate for the lease of additional space. (e) In the event Tenant exercises any right to renew or extend the term part of this Lease or to Lease any additional space to be added Warrant at the then effective Exercise Price by delivering an Exercise Notice to the Premises, then Company at any time prior to the exercise of any such right shall automatically amend the provisions of this Section (e) to reset the Revised Expiration Date to be that date which is the first day of the 37th month following the first day of the renewal or extension term or the first day upon which Tenant accepts rent paying occupancy of the additional space, as the case may be, and the amount of the payment required to be made at the time of the giving of the Exercise Notice shall be equal to two times the monthly rent payable for the last month preceding the Revised Early Expiration Date.

Early Expiration. Tenant shall have In the right to cause event that following the term of this Lease to expire on that date which is the first one ---------------- hundred eightieth-day anniversary of the 37th full calendar month following Issue Date, the Commencement Date Closing Bid Price (herein as defined in the Securities Purchase Agreement) of the Common Stock during any period of ten (10) consecutive Trading Days is equal to or greater than $7.50 (subject to adjustment as provided herein) (an "Revised Expiration DateTrigger Event"), upon and subject the ------------------------ Company may deliver to the Holder, within five (5) business days following provisions. the occurrence of an Expiration Trigger Event, and as long as each of the Resale Conditions (aas defined below) This right shall be exercisedhave been satisfied, if at all, by a written notice to such effect (the a "Expiration Notice") given by Tenant to Landlord no later than one hundred eighty and this Warrant shall expire on the date (180) days prior to the Revised ----------------- "Early Expiration Date. Such Expiration Notice shall be valid only if ") which is thirty (i30) it is given within Trading Days following the time specified above, (ii) prior to the giving of such notice, Tenant shall not have assigned its interest hereunder or sublet all or any portion of the Premises for a term that would extend beyond the Revised Expiration Date, (iii) Tenant shall not be in default and no act, event, condition, or omission has occurred which, alone or together with notice and/or the passage of time, would constitute a default under the terms of this Lease, and (iv) --------------------- business day on which such Expiration Notice is accompanied by delivered to the payment required by paragraph Holder, provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (b30) below. (b) The Expiration Notice shall be deemed given and received only if accompanied by payment, by cashier's check, of an amount equal to one month of rent (i.e., $14,253.33). In the event rent hereunder shall increase, then the amount Trading Days as a result of the payment shall increase proportionately. The parties agree that such payment is to be paid to compensate Landlord for economic loss which Landlord would suffer by reason of the early expiration of this Lease and that the amount of such compensation has been negotiated by the parties and is agreed to be reasonable. Tenant understands that Landlord does not typically grant early expiration rights and that Landlord would be unwilling to grant such a right in this Lease absent this agreement to be reasonably compensated. (c) Upon the giving of the Expiration Notice and the making of the payment required above, the expiration date of the term of this Lease shall be and become the Revised Expiration Date as perfectly as if such Revised Expiration Date had been the expiration date originally limitations set forth in this Lease. Until such Revised Expiration DateSection 4 hereof, this Lease shall continue in full force and effect (except as specified in paragraph (d) below), without abatement of rent or other diminishment then with respect to the portion of the obligations of Tenant hereunder. The expiration of Warrant that can not be so exercised, the Lease upon the Revised Early Expiration Date shall not terminate any previously accrued liabilities or obligations be extended until twenty (20) Business Days after such portion of Tenantthe Warrant can be exercised in its entirety. The "Resale Conditions" are as follows: (I) either ----------------- (A) the Registration Statement (as defined in the Registration Rights Agreement between the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration ---------------- Period"), has been available for the resale of (i) all of the Warrant Shares ------ into which shall survive this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of 129 the Preferred Shares (each as defined in the Series C-1 Preferred Stock Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such expiration. Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (dII) The giving no Mandatory Redemption Event (as defined in the Series C-1 Preferred Stock Articles of Amendment) (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is continuing at any time during the Early Expiration Notice shall constitute Period. Notwithstanding the irrevocable waiver by Tenant of foregoing, the Holder may exercise all or any right to exercise any option to renew or to extend this Lease and the waiver of any right of first refusal, first opportunity, or other right to lease or to negotiate for the lease of additional space. (e) In the event Tenant exercises any right to renew or extend the term part of this Lease or to Lease any additional space to be added Warrant at the then effective Exercise Price by delivering an Exercise Notice to the Premises, then Company at any time prior to the exercise of any such right shall automatically amend the provisions of this Section (e) to reset the Revised Expiration Date to be that date which is the first day of the 37th month following the first day of the renewal or extension term or the first day upon which Tenant accepts rent paying occupancy of the additional space, as the case may be, and the amount of the payment required to be made at the time of the giving of the Exercise Notice shall be equal to two times the monthly rent payable for the last month preceding the Revised Early Expiration Date.

Early Expiration. Tenant shall have In the right to cause event that following the term of this Lease to expire on that date which is the first one hundred ---------------- eightieth-day anniversary of the 37th full calendar month following Issue Date, the Commencement Date Closing Bid Price (herein as defined in the Securities Purchase Agreement) of the Common Stock during any period of ten (10) consecutive Trading Days is equal to or greater than $7.50 (subject to adjustment as provided herein) (an "Revised Expiration DateTrigger Event"), upon and subject the Company may ------------------------ deliver to the Holder, within five (5) business days following provisions. the occurrence of an Expiration Trigger Event, and as long as each of the Resale Conditions (aas defined below) This right shall be exercisedhave been satisfied, if at all, by a written notice to such effect (the a "Expiration Notice") given by Tenant to Landlord no later than one hundred eighty and this Warrant shall expire on the date (180) days prior to the Revised "Early ----------------- ----- Expiration Date. Such Expiration Notice shall be valid only if ") which is thirty (i30) it is given within Trading Days following the time specified above, (ii) prior to the giving of such notice, Tenant shall not have assigned its interest hereunder or sublet all or any portion of the Premises for a term that would extend beyond the Revised Expiration Date, (iii) Tenant shall not be in default and no act, event, condition, or omission has occurred which, alone or together with notice and/or the passage of time, would constitute a default under the terms of this Lease, and (iv) business day --------------- on which such Expiration Notice is accompanied by delivered to the payment required by paragraph Holder, provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (b30) below. (b) The Expiration Notice shall be deemed given and received only if accompanied by payment, by cashier's check, of an amount equal to one month of rent (i.e., $14,253.33). In the event rent hereunder shall increase, then the amount Trading Days as a result of the payment shall increase proportionately. The parties agree that such payment is to be paid to compensate Landlord for economic loss which Landlord would suffer by reason of the early expiration of this Lease and that the amount of such compensation has been negotiated by the parties and is agreed to be reasonable. Tenant understands that Landlord does not typically grant early expiration rights and that Landlord would be unwilling to grant such a right in this Lease absent this agreement to be reasonably compensated. (c) Upon the giving of the Expiration Notice and the making of the payment required above, the expiration date of the term of this Lease shall be and become the Revised Expiration Date as perfectly as if such Revised Expiration Date had been the expiration date originally limitations set forth in this Lease. Until such Revised Expiration DateSection 4 hereof, this Lease shall continue in full force and effect (except as specified in paragraph (d) below), without abatement of rent or other diminishment then with respect to the portion of the obligations of Tenant hereunder. The expiration of Warrant that can not be so exercised, the Lease upon the Revised Early Expiration Date shall not terminate any previously accrued liabilities or obligations be extended until twenty (20) Business Days after such portion of Tenantthe Warrant can be exercised in its entirety. The "Resale Conditions" are as follows: (I) either (A) the ----------------- Registration Statement (as defined in the Registration Rights Agreement between the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration Period"), ----------------------- has been available for the resale of (i) all of the Warrant Shares into which shall survive this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of the Preferred Shares (each as defined in the Series C-1 Preferred Stock Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such expiration. Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (dII) The giving no Mandatory Redemption Event (as defined in the Series C-1 Preferred Stock Articles of Amendment) (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is continuing at any time during the Early Expiration Notice shall constitute Period. Notwithstanding the irrevocable waiver by Tenant of foregoing, the Holder may exercise all or any right to exercise any option to renew or to extend this Lease and the waiver of any right of first refusal, first opportunity, or other right to lease or to negotiate for the lease of additional space. (e) In the event Tenant exercises any right to renew or extend the term part of this Lease or to Lease any additional space to be added Warrant at the then effective Exercise Price by delivering an Exercise Notice to the Premises, then Company at any time prior to the exercise of any such right shall automatically amend the provisions of this Section (e) to reset the Revised Expiration Date to be that date which is the first day of the 37th month following the first day of the renewal or extension term or the first day upon which Tenant accepts rent paying occupancy of the additional space, as the case may be, and the amount of the payment required to be made at the time of the giving of the Exercise Notice shall be equal to two times the monthly rent payable for the last month preceding the Revised Early Expiration Date.

Early Expiration. Tenant shall have In the right to cause event that following the term of this Lease to expire on that date which is the first day Effective Date ---------------- of the 37th full calendar month following Registration statement (as defined in the Commencement Date Registration Rights Agreement), the Closing Bid Price (herein as defined herein) of the Common Stock during any period of five (5) consecutive Trading Days (as defined in the Securities Purchase Agreement) is equal to or greater than $2.00 (subject to adjustment as provided herein) (the "Revised First Expiration DateTrigger Event") or is equal to or greater than ------------------------------ $3.00 (subject to adjustment as provided herein) (the "Second Expiration Trigger ------------------------- Event"), upon and subject the Company may deliver to the following provisions. (a) This right shall be exercisedHolder at any time that the Closing Bid ----- Price equals or exceeds $2.00 in the case of the First Expiration Trigger Event or $3.00 in the case of the Second Expiration Trigger Event, if at all, by written notice (the "Early Expiration Notice") given by Tenant that the Warrant shall expire for up to Landlord no later than one hundred eighty an aggregate ----------------------- of one-third (1801/3 rd) days prior to the Revised Expiration Date. Such Expiration Notice shall be valid only if (i) it is given within the time specified above, (ii) prior to the giving of such notice, Tenant shall not have assigned its interest hereunder or sublet all or any portion of the Premises Initial Shares for a term that would extend beyond each of the Revised First Expiration Date, (iii) Tenant shall not be in default Trigger Event and no act, event, condition, or omission has occurred which, alone or together with notice and/or the passage of time, would constitute a default under the terms of this Lease, and (iv) such Second Expiration Notice is accompanied by the payment required by paragraph (b) below. (b) The Expiration Notice shall be deemed given and received only if accompanied by payment, by cashier's check, of an amount equal to one month of rent (i.e., $14,253.33)Trigger Event. In the event rent hereunder that the Company delivers to the Holder an Early Expiration Notice in accordance with the foregoing, this Warrant shall increase, then expire with respect to the amount number of shares indicated in the Early Expiration Notice on the date (the "Early Expiration ---------------- Date") which is thirty (30) Business Days following the Business Day on which ---- such Early Expiration Notice is delivered to the Holder. The Company may give more than one Early Expiration Notice with respect to each of the payment shall increase proportionatelyFirst Expiration Trigger Event and Second Expiration Trigger Event so long as the aggregate number of shares subject to all such notices for each of the First and Second Expiration Trigger Events does not exceed one-third (1/3 rd) of the Initial Shares. The parties agree that "Closing Bid Price" shall mean, with respect to the Common ----------------- Stock, the Closing Bid Price for the Common Stock occurring on a given Trading Day on the principal securities exchange or trading market where such payment security is to be paid to compensate Landlord listed or traded as reported by Bloomberg Financial Markets ("Bloomberg") or, if Bloomberg is not then reporting such prices, by a comparable reporting service of national reputation selected by the Company or if the foregoing does not apply, the last reported bid price of such security in the over- the-counter market on the electronic bulletin board for economic loss which Landlord would suffer such security as reported by reason Bloomberg or, if no bid price is reported for such security by Bloomberg, the average of the early expiration bid prices of this Lease and that all market makers for such security as reported in the amount of such compensation has been negotiated "pink sheets" by the parties and is agreed to be reasonable. Tenant understands that Landlord does not typically grant early expiration rights and that Landlord would be unwilling to grant such a right in this Lease absent this agreement to be reasonably compensated. (c) Upon the giving of the Expiration Notice and the making of the payment required aboveNational Quotation Bureau, the expiration date of the term of this Lease shall be and become the Revised Expiration Date as perfectly as if such Revised Expiration Date had been the expiration date originally set forth in this Lease. Until such Revised Expiration Date, this Lease shall continue in full force and effect (except as specified in paragraph (d) below), without abatement of rent or other diminishment of the obligations of Tenant hereunder. The expiration of the Lease upon the Revised Expiration Date shall not terminate any previously accrued liabilities or obligations of Tenant, all of which shall survive such expiration. (d) The giving of an Expiration Notice shall constitute the irrevocable waiver by Tenant of any right to exercise any option to renew or to extend this Lease and the waiver of any right of first refusal, first opportunity, or other right to lease or to negotiate for the lease of additional space. (e) In the event Tenant exercises any right to renew or extend the term of this Lease or to Lease any additional space to be added to the Premises, then the exercise of any such right shall automatically amend the provisions of this Section (e) to reset the Revised Expiration Date to be that date which is the first day of the 37th month following the first day of the renewal or extension term or the first day upon which Tenant accepts rent paying occupancy of the additional space, as the case may be, and the amount of the payment required to be made at the time of the giving of the Exercise Notice shall be equal to two times the monthly rent payable for the last month preceding the Revised Expiration Date.Inc.