Common use of Expansion Premises Clause in Contracts

Expansion Premises. (a) In consideration of the rents, terms, provisions and covenants of this Amendment and the Lease, Landlord hereby leases unto Tenant and Tenant hereby rents and accepts from Landlord the Expansion Premises. The Expansion Premises is more particularly described on Exhibit A attached hereto. The Expansion Premises is contiguous to the Replacement Premises. (b) Tenant covenants, as a material part of the consideration for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Date, all of the terms and provisions of the Lease, as amended hereby, shall apply to both the Replacement Premises and the Expansion Premises. From and after the Second Renewal Term Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known as Suite 246. (c) At Landlord’s request, Tenant shall execute a Commencement Date Memorandum in the form attached hereto as Exhibit B acknowledging, among other things, the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease and (iii) Tenant’s acceptance of the Expansion Premises. Tenant’s failure to execute the Commencement Date Memorandum shall not affect Tenant’s liability hereunder.

Expansion Premises. Commencing on the Expansion Premises Commencement Date (a) In consideration of the rents, terms, provisions and covenants of this Amendment and the Leasedefined below), Landlord hereby leases unto Tenant to Tenant, and Tenant hereby rents and accepts leases from Landlord Landlord, the Expansion Premises. The “Expansion Premises is more particularly described on Exhibit A attached hereto. The Commencement Date” shall mean the earlier of (i) the date that Landlord delivers the Expansion Premises to Tenant or (ii) the date Tenant conducts any business in the Expansion Premises or any part thereof. It is contiguous estimated that the Expansion Premises Commencement Date will occur on March 1, 2011 (the “Estimated Expansion Premises Commencement Date”). If Landlord fails to timely deliver the Replacement Premises. (b) Expansion Premises to Tenant covenants, as a material part of on or before the consideration for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Estimated Expansion Premises Commencement Date, all of the terms and provisions of the LeaseLandlord shall not be liable to Tenant for any loss or damage resulting therefrom, as amended hereby, shall apply to both the Replacement Premises and the Expansion PremisesLease shall not be void or voidable. From and after Upon the Second Renewal Term Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist request of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known as Suite 246. (c) At Landlord’s request, Tenant shall execute and deliver a written acknowledgment of the Expansion Premises Commencement Date Memorandum when such is established in the form of the “Acknowledgement of Expansion Premises Commencement Date” attached hereto to this First Amendment as Exhibit B acknowledgingB; provided, among other thingshowever, the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease and (iii) Tenant’s acceptance of the Expansion Premises. Tenant’s 's failure to execute the Commencement Date Memorandum and deliver such acknowledgment shall not affect Tenant’s liability Landlord's rights hereunder.

Expansion Premises. (a) In consideration Tenant acknowledges that it is currently in possession of the rents, terms, provisions and covenants of this Amendment and the Lease, Landlord hereby leases unto Tenant and Tenant hereby rents and accepts from Landlord Existing Premises. Beginning on the Expansion PremisesSpace Commencement Date (as defined below), the Existing Premises shall be expanded to include approximately an additional three thousand eight hundred thirty-one (3,831) rentable square feet (the "Expansion Space"). The Expansion Space is adjacent to the Existing Premises and is commonly known as Suite 1210 located on the twelfth (12th) floor of the Building, as indicated on the floor plan attached hereto as EXHIBIT "A." Accordingly, as of the Expansion Space Commencement Date, the term "Premises" shall mean and include the Existing Premises as expanded by the Expansion Space, unless specifically stated otherwise. The Premises, as expanded, is more particularly described on Exhibit A the floor plan attached hereto. The Expansion Premises is contiguous to the Replacement Premiseshereto as EXHIBIT "B". (b) Landlord and Tenant covenants, as a material part hereby acknowledge that the rentable area of the consideration for Expansion Space is three thousand eight hundred thirty-one (3,831) rentable square feet; however, during the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and first thirty (30) days after the Second Renewal Term Expansion Space Commencement Date, all Tenant may cause Tenant's space planner to re-measure the rentable area of the terms and provisions Expansion Space and, if Tenant's remeasurement, as verified by Landlord's space planner, shows that the rentable area of the Lease, as amended hereby, shall apply to both the Replacement Premises and the Expansion Premises. From and after the Second Renewal Term Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 rentable Space is greater or less than three thousand eight hundred thirty-one (3,831) square feet. The Expansion Premises shall be known as Suite 246. (c) At Landlord’s request, then Landlord and Tenant shall execute a Commencement Date Memorandum in an amendment to the form attached hereto as Exhibit B acknowledging, among other thingsLease adjusting the amount of Base Rent, the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date amount of the Lease Deposit, Tenant's Share of Increased Costs, and (iii) Tenant’s acceptance the number of parking spaces based upon the re-measurement of the rentable area of the Expansion PremisesSpace. Tenant’s failure If Tenant does not submit such re-measurement to execute Landlord for verification prior to the Commencement Date Memorandum end of said thirty (30) day period, then Tenant shall not affect Tenant’s liability hereunderbe deemed to have irrevocably stipulated and agreed that the rentable area of the Expansion Space is three thousand eight hundred thirty-one (3,831) square feet.

Expansion Premises. (a) In consideration of the rents, terms, provisions and covenants of this Amendment and the Lease, Landlord hereby leases unto Tenant and Tenant hereby rents and accepts from Landlord the Expansion Premises. The Expansion Premises is more particularly described on Exhibit A attached hereto. The Expansion Premises is contiguous to the Replacement Premises. (b) Tenant covenants, Except as a material part of the consideration for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Datespecifically set forth below, all of the terms and provisions of the Lease, as amended hereby, Lease with respect to the Original Premises shall apply to both the Replacement Premises and the Expansion Premises. From and after Premises as if the Second Renewal Term Commencement Date, each and every reference Expansion Premises was included in the Lease and in this Amendment Original Premises, With respect to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectivelyLandlord and Tenant hereby agree as follows: The Expansion Premises is being delivered by Landlord to Tenant in its “as-is” condition. The Replacement Landlord will provide Tenant with a tenant improvement allowance in the amount of sixty dollars ($60.00) per Usable Square Foot of the Expansion Premises (the “Additional Tenant Improvement Allowance”) for the Expansion Premises and Tenant’s improvements within the Expansion Premises consist of a total of approximately 12,103 rentable square feet(the “Expansion Premises Tenant Improvements”). The Expansion Premises shall Tenant Improvements will be known constructed, and the Additional Tenant Improvement Allowance will be disbursed to Tenant, on the same terms and conditions as Suite 246. (c) At Landlord’s request, Tenant shall execute a Commencement Date Memorandum are set forth in the form Work Letter with respect to the improvements constructed by Tenant in the Original Premises. The “Work Schedule” for the Expansion Premises Tenant Improvements is set forth on Exhibit “A” attached hereto as Exhibit B acknowledging, among other things, and made a part hereof. Tenant’s obligation to pay Basic Annual Rent and Additional Rent for the Expansion Premises shall commence on the earlier to occur of (i) Second Renewal Term the date Tenant takes possession of the Expansion Premises (excluding possession during the Early Occupancy Period (as defined in the Work Letter) for the Expansion Premises, so long as Tenant does not conduct business in the Expansion Premises during such Early Occupancy Period), or (ii) the date the Expansion Premises Tenant Improvements are Substantially Complete, which date will be no later than September 1, 2021 (the “Expansion Premises Rent Commencement Date”). Upon the occurrence of the Expansion Premises Rent Commencement Date, (ii) scheduled termination date of Basic Annual Rent and Additional Rent shall be payable on the Lease same terms, at the same rates, and (iii) Tenant’s acceptance of subject to the same escalation, as if the Expansion Premises was always included in the Original Premises. Tenant’s failure to execute the Commencement Date Memorandum shall not affect Tenant’s liability hereunder.

Expansion Premises. (a) In consideration of Tenant acknowledges that the rents, terms, provisions and covenants of this Amendment and the Lease, Landlord hereby leases unto Tenant and Tenant hereby rents and accepts from Landlord the Expansion Premises. The Expansion Premises is more particularly premises described on Exhibit A E attached heretohereto (the “Expansion Premises”) will be leased by Landlord to Terex USA, LLC (“Other Tenant”) pursuant to a lease dated on or about the date hereof (as the same may be amended or assigned from time to time, the “Other Lease”) which Other Lease is scheduled to expire on April 30, 2028, subject to a three-year extension option. The Effective on the day immediately following the date of the expiration or sooner termination of the Other Lease and Tenant’s obtaining possession thereof (the “Expansion Premises is contiguous Commencement Date”), Tenant shall lease the Expansion Premises subject to the Replacement Premises. following terms: (bi) Tenant covenantsthe term of the Lease for the Expansion Premises shall be coterminous with the Lease Term; (ii) the Base Rent with respect to the Expansion Premises shall be as set forth on Exhibit F attached hereto and made a part hereof, as (iii) the Expansion Premises shall be leased in its “AS IS” condition, except to the extent otherwise agreed in writing by Landlord and Tenant, and (iv) commencing on the Expansion Premises Commencement Date: (y) the Expansion Premises shall be added to and deemed a material part of the consideration for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made Premises upon the condition of such performance. On and after the Second Renewal Term Commencement Date, all of the terms and provisions conditions of the this Lease, except as amended herebyotherwise specifically set forth in this Section 43, but in no event shall apply Landlord be obligated to both the Replacement Premises provide Tenant with any allowances or perform any work in connection therewith; and (z) Tenant’s Proportionate Share shall be increased to 100%. Upon or promptly following the Expansion Premises. From and after the Second Renewal Term Premises Commencement Date, each Landlord and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known as Suite 246. (c) At Landlord’s request, Tenant shall promptly execute a Commencement Date Memorandum in an amendment to this Lease reflecting the form attached hereto as Exhibit B acknowledgingforegoing, among other things, but the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease and (iii) Tenant’s acceptance of the Expansion Premises. Tenant’s failure to execute the Commencement Date Memorandum enter into such an amendment shall not affect Tenant’s liability hereunderthe operation of this Section 43.

Expansion Premises. (a) In consideration Effective as of the rents, terms, provisions and covenants of this Amendment and the LeaseSecond Expansion Effective Date, Landlord hereby leases unto Tenant to Tenant, and Tenant hereby rents and accepts leases from Landlord Landlord, the Second Expansion Premises. The “Second Expansion Effective Date” means the date Landlord delivers the Second Expansion Premises is more particularly described to Tenant with the Leasehold Improvements (as defined in the Work Letter attached to this Amendment as Exhibit B (the “Work Letter”)) Substantially Completed (as defined in the Work Letter), subject to the provisions of this Amendment. However, to the extent that Landlord fails to Substantially Complete the Leasehold Improvements to the Premises and deliver possession of the Second Expansion Premises to Tenant due to a Tenant Delay (as defined in the Work Letter), the Second Expansion Effective Date shall be the date on Exhibit A attached heretowhich Landlord would have Substantially Completed the Leasehold Improvements but for the Tenant Delay, as determined by Landlord in its reasonable discretion. The Expansion Premises is contiguous to the Replacement Premises. (b) Tenant covenants, as a material part of the consideration lease term for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Date, all of the terms and provisions of the Lease, as amended hereby, shall apply to both the Replacement Premises and the Expansion Premises. From and after the Second Renewal Term Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known coterminous with the lease term for the Initial Premises, as Suite 246. (c) At Landlord’s requestextended in Paragraph 2 above. Landlord and Tenant agree, Tenant shall upon demand by the other, to execute and deliver a Commencement Date Memorandum Agreement in the form attached hereto of Exhibit C attached. If Landlord makes such demand upon Tenant but Tenant fails to respond within 15 days, then Tenant will irrevocably be deemed to have agreed with Landlord as Exhibit B acknowledging, among other things, to the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease and (iii) Tenant’s acceptance of the Expansion Premises. Tenant’s failure to execute information set forth in the Commencement Date Memorandum shall not affect Agreement so delivered by Landlord to Tenant’s liability hereunder.

Expansion Premises. (a) In consideration of the rents, terms, provisions and covenants of this Amendment and the Lease, Landlord hereby leases unto Tenant and Tenant hereby rents and accepts from Landlord Commencing on the Expansion Premises. The Expansion Premises is more particularly described on Exhibit A attached hereto. The Expansion Premises is contiguous to the Replacement Premises. (b) Tenant covenants, as a material part of the consideration for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Date, all Tenant shall (in addition to Base Rent for the Original Premises) commence paying Base Rent for the Expansion Premises (“Expansion Premises Base Rent”) at the rate of $2.60 per rentable square foot of the terms and provisions Expansion Premises per month. Commencing on the first anniversary of the Lease, as amended hereby, shall apply to both the Replacement Expansion Premises and the Expansion Premises. From and after the Second Renewal Term Commencement Date, each and every reference Tenant shall commence paying Expansion Premises Base Rent in the Lease and in this Amendment to “Premises” amount of $2.80 per rentable square foot of the Expansion Premises per month through the Expiration Date. Notwithstanding the foregoing, for (i) the period commencing on the Expansion Premises Commencement Date through the last day of the 6th month after the Expansion Premises Commencement Date, Tenant shall be and mean the Replacement required to pay Expansion Premises and Base Rent with respect to only 3,000 rentable square feet of the Expansion Premises, collectively. The Replacement Premises and (ii) for the period commencing on the 1st day of the 7th month after the Expansion Premises consist Commencement Date through the last day of a total of approximately 12,103 rentable square feet. The the 12th month after the Expansion Premises shall be known as Suite 246. (c) At Landlord’s requestCommencement Date, Tenant shall execute a Commencement Date Memorandum in the form attached hereto as Exhibit B acknowledging, among other things, the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease and (iii) Tenant’s acceptance be required to pay Expansion Premises Base Rent with respect to only 6,000 rentable square feet of the Expansion Premises. Tenant’s failure Commencing on the first anniversary of the Expansion Premises Commencement Date, Tenant shall commence paying Expansion Premises Base Rent with respect to execute the entire Expansion Premises. Notwithstanding anything to the contrary contained herein, if at any time prior to the last day of the 12th month after the Expansion Premises Commencement Date Memorandum Date, Tenant subleases to a third party (pursuant to the terms of the Lease) a portion of the Expansion Premises in excess of the rentable square footage with respect to which Tenant is then-required to pay Base Rent pursuant to this Section 5(b), then any such base rent payable under the sublease with respect to such additional square footage only shall not affect Tenant’s liability hereunderbe due and payable as Additional Rent under the Lease and Tenant shall pay to Landlord (on the same day that Base Rent is due) all such base rent payable under the sublease in connection with such additional square footage.

Expansion Premises. (a) In consideration For the period commencing from and after the Effective Date hereinafter defined and ending on the Termination Date as defined hereinbelow, Landlord does hereby demise and lease the Expansion Premises unto Tenant, and Tenant does hereby lease and hire the Expansion Premises from Landlord. For purposes of this Third Amendment, the Effective Date shall be the date on which terminates its lease of the rents921 Expansion Premises with the existing tenant. Subject to subparagraph 2(b) below, termsthe Expansion Premises shall, provisions from and covenants of this Amendment after the Effective Date, be added to the Premises dernised under the Lease and the LeasePrior Amendments, shall be leased by Landlord hereby leases unto to Tenant for a term commencing on the Effective Date and Tenant hereby rents and accepts from Landlord ending on the Expansion Premises. The Expansion Premises is more particularly described on Exhibit A attached hereto. The Expansion Premises is contiguous to the Replacement Premises. (b) Tenant covenantsTermination Date, as a material part defined in paragraph 3 below, and shall be subject to all of the consideration for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Date, all of the terms and provisions of the Lease, except as amended hereby, shall apply to both the Replacement Premises and the Expansion Premises. From and after the Second Renewal Term Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known as Suite 246is expressly provided for herein. (cb) At Landlord’s requestAnything herein to the contrary notwithstanding, Landlord and Tenant shall execute a Commencement Date Memorandum in agree as follows with respect to the form attached hereto as Exhibit B acknowledging, among other things, the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease and (iii) Tenant’s acceptance lease of the Expansion Premises. : (i) The lease by Landlord to Tenant of the Expansion Premises is expressly made contingent on Landlord reaching in agreement satisfactory to Landlord for the termination of the lease of the 921 Expansion Premises with the existing tenant. (ii) If, on or before the expiration of fifteen (15) days from the execution of this Third Amendment by Landlord and Tenant’s failure , Landlord fails to execute terminate the Commencement Date Memorandum lease of the 921 Expansion Premises with the existing tenant on the term and conditions satisfactory to Landlord, neither Landlord nor Tenant shall not affect Tenant’s liability have any obligation with respect to the lease of the Expansion Premises hereunder. (iii) Landlord shall make reasonable efforts to terminate the Lease of the 921 Expansion Premises upon terms and conditions satisfactory to Landlord.

Expansion Premises. A (aSuite 421—4,075 rentable square feet) In consideration of the rents, terms, provisions and covenants of this Amendment and the Lease, Landlord hereby demises and leases unto Tenant to Tenant, and Tenant hereby rents hires and accepts takes from Landlord Landlord, Expansion Premises A for a term commencing as of the Expansion Premises. The Expansion Premises is more particularly described on Exhibit A attached hereto. The Expansion Premises is contiguous to the Replacement Premises. (b) Tenant covenants, as a material part of the consideration for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Date, as hereinafter defined, and terminating on the Extended Lease Expiration Date set forth above. Said demise of Expansion Premises A shall be upon all of the same terms and provisions conditions of the Lease, except as amended herebyotherwise set forth herein. Tenant shall accept Expansion Premises A in its “as is” condition, without any obligation on the part of Landlord to provide any improvements to Expansion Premises A and without any representation by Landlord to Tenant as to the condition of Expansion Premises A or the Building. Any alterations or improvements to Expansion Premises A necessary to prepare Expansion Premises A for Tenant’s occupancy shall apply be performed at Tenant’s sole cost and expense and in accordance with the terms and conditions set forth in the Lease, including, without limitation, Section 16 thereof. A. Landlord shall deliver Expansion Premises A to both Tenant immediately following the Replacement full execution and delivery of this Seventh Amendment, which is anticipated to occur on or about November 1, 2011. The “Expansion Premises and the Expansion Premises. From and after the Second Renewal Term A Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and date on which Landlord delivers Expansion Premises consist A to Tenant in its as-is condition, broom-clean, and free and clear of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known as Suite 246any occupants and their personal belongings. (c) At Landlord’s request, Tenant shall execute a Commencement Date Memorandum in the form attached hereto as Exhibit B acknowledging, among other things, the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease and (iii) Tenant’s acceptance of the Expansion Premises. Tenant’s failure to execute the Commencement Date Memorandum shall not affect Tenant’s liability hereunder.

Expansion Premises. (a) In consideration Effective as of the rents, terms, provisions and covenants of this Amendment and the LeaseThird Expansion Effective Date, Landlord hereby leases unto Tenant to Tenant, and Tenant hereby rents and accepts leases from Landlord Landlord, the Third Expansion Premises. The “Third Expansion Effective Date” means the date Landlord delivers the Third Expansion Premises is more particularly described to Tenant with the Leasehold Improvements (as defined in the Work Letter attached to this Amendment as Exhibit B (the “Work Letter”)) Substantially Completed (as defined in the Work Letter), subject to the provisions of this Amendment. However, to the extent that Landlord fails to Substantially Complete the Leasehold Improvements to the Premises and deliver possession of the Third Expansion Premises to Tenant due to a Tenant Delay (as defined in the Work Letter), the Third Expansion Effective Date shall be the date on Exhibit A attached heretowhich Landlord would have Substantially Completed the Leasehold Improvements but for the Tenant Delay, as determined by Landlord in its reasonable discretion. The Expansion Premises is contiguous to the Replacement Premises. (b) Tenant covenants, as a material part of the consideration Lease Term for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Date, all of the terms and provisions of the Lease, as amended hereby, shall apply to both the Replacement Premises and the Expansion Premises. From and after the Second Renewal Term Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 rentable square feet. The Third Expansion Premises shall be known coterminous with the Lease Term for the Existing Premises (which is contemplated to be the Extended Expiration Date (as Suite 246. (cdefined in Section 2 of the Fourth Amendment) At Landlord’s requestunless the Fourth Amendment is terminated pursuant to its terms, in which case it will be the initial Expiration Date set forth in the Original Lease). Landlord and Tenant shall agree, upon demand by the other, to execute and deliver a Commencement Date Memorandum Certificate in the form of Exhibit C attached hereto hereto. If Landlord makes such demand upon Tenant but Tenant fails to respond within 15 days, then Tenant will irrevocably be deemed to have agreed with Landlord as Exhibit B acknowledging, among other things, to the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease and (iii) Tenant’s acceptance of the Expansion Premises. Tenant’s failure to execute information set forth in the Commencement Date Memorandum shall not affect Certificate so delivered by Landlord to Tenant’s liability hereunder.

Expansion Premises. 1.01. Commencing on the later to occur of (a) In consideration the date Landlord delivers possession of the rentsExpansion Premises to Tenant in the condition set forth in Section 1.02 below and (b) March 1, terms2008 (the “Expansion Premises Commencement Date”) and ending on July 31, provisions 2009 (the “Expansion Premises Expiration Date”): (a) the Expansion Premises shall be added to the Original Premises, and covenants of this Amendment and together they shall constitute the “Premises” for all purposes under the Lease, Landlord hereby leases unto Tenant and Tenant hereby rents and accepts from Landlord the Expansion Premises. The Expansion Premises is more particularly described on Exhibit A attached hereto. The Expansion Premises is contiguous to the Replacement Premises.and (b) Tenant covenantsthe Rentable Square Footage of the Premises, as a material part defined in Section 1.2 of the consideration for the Original Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Date, all of the terms and provisions of the Lease, as amended hereby, shall apply to both the Replacement Premises and the Expansion Premises. From and after the Second Renewal Term Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 deemed to be 36,809 rentable square feet. The Expansion Premises shall be known leased to Tenant subject to all of the terms and conditions of the Original Lease, as Suite 246amended by this Amendment. The period commencing on the Expansion Premises Commencement Date and ending on Expansion Premises Expiration Date shall be referred to herein as the “Expansion Premises Term”. (c) At Landlord’s request1.02. Landlord shall deliver the Expansion Premises to Tenant vacant, Tenant shall execute a Commencement Date Memorandum broom clean and free of all personal property and debris, but otherwise in their “as-is” condition, and, except for Substantial Completion of the form attached hereto as Exhibit B acknowledging, among other thingsLandlord Work set forth in Section 1.03 below, the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease Expansion Premises are accepted by Tenant in “as is” condition and (iii) Tenant’s acceptance configuration without any representations or warranties by Landlord. By taking possession of the Expansion Premises, Tenant agrees that the Expansion Premises are in good order and satisfactory condition, except for Punch List items and latent defects. The foregoing notwithstanding, Landlord shall continue to be responsible for its maintenance and repair obligations set forth in Section 9.2 of the Original Lease. Landlord shall not be liable for a failure to deliver possession of the Expansion Premises or any other space due to the holdover or unlawful possession of such space by another party. As used herein, “Substantial Completion” shall mean that (i) a certificate of occupancy has been issued by the Town of Lexington, if required for occupancy, and (ii) all Landlord Work has substantially been performed, other than any details of construction, mechanical adjustment or any other similar matter, the non-completion of which does not materially interfere with Tenant’s failure to execute use and occupancy of the Commencement Date Memorandum shall not affect Tenant’s liability hereunderExpansion Premises.

Expansion Premises. (a) In consideration of the rents, terms, provisions and covenants of this Amendment and the Lease, Landlord hereby leases unto to Tenant and Tenant hereby rents leases from Landlord, subject to and accepts from Landlord with the Expansion Premises. The Expansion Premises is more particularly described on Exhibit A attached hereto. The Expansion Premises is contiguous to benefit of the Replacement Premises. (b) Tenant terms, covenants, as a material part of the consideration for the Leaseconditions, as amended herebyagreements, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Date, all of the terms and provisions of the Lease, as amended herebyby this Amendment, shall apply to both the Replacement Premises and the Expansion Premises. 2.1 The Lease Term with respect to the Expansion Premises (the “Expansion Premises Term”) shall commence on the date Landlord has delivered possession of the Expansion Premises to Tenant in the Delivery Condition (as hereinafter defined) (the “Expansion Premises Commencement Date”) and the Lease Term shall continue thereafter so as to expire on the last day of the full eighty-fourth (84th) month following the Expansion Premises Commencement Date. From and after The “Expansion Premises Rent Commencement Date” shall be the Second Renewal Term Expansion Premises Commencement Date. Upon the Expansion Premises Commencement Date, each Landlord and every reference in the Lease and in this Amendment to “Premises” Tenant shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and enter into an Expansion Premises consist of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known as Suite 246. (c) At Landlord’s request, Tenant shall execute a Commencement Date Memorandum Certificate in the form attached hereto as Exhibit B acknowledgingEXHIBIT B. Landlord estimates that the Expansion Premises Commencement Date shall occur on December 1, among other things2018 (the “Estimated Delivery Date”). In the event that the Expansion Premises Commencement Date does not occur prior to January 15, 2019, then Tenant shall receive a day-for-day credit of Fixed Rent for each day thereafter until the earlier of (ia) Second Renewal Term the Expansion Premises Commencement Date, (ii) scheduled termination date of the Lease ; and (iiib) Tenant’s acceptance of March 15, 2019. In the event that the Expansion Premises. Tenant’s failure to execute the Premises Commencement Date Memorandum does not occur on or before March 15, 2019, then such day-for-day credit of Fixed Rent shall continue from and after March 15, 2019 until the Expansion Premises Commencement Date occurs, except that Tenant shall have the right to terminate this Amendment upon written notice to Landlord, in which case this Amendment shall be null and void and without any force and effect. In the event that Tenant does not affect Tenant’s liability hereunderdeliver the Construction Drawings to Landlord within the time period required in Section 2.4, then the January 15 and March 15 dates in the two immediately foregoing sentences shall each be extended by one (1) day respectively for each day such Construction Drawings are overdue.

Expansion Premises. (a) In consideration of From and after the rentsExpansion Premises Commencement Date, termsand continuing for a period expiring on the Termination Date, provisions and covenants of this Amendment and unless sooner terminated as provided in the Lease or extended as provided in the Lease, Landlord hereby leases unto Tenant shall lease the Expansion Premises to Tenant, and Tenant hereby rents and accepts from Landlord shall lease the Expansion Premises. The Expansion Premises is more particularly described on Exhibit A attached hereto. The Expansion Premises is contiguous to from Landlord, upon all of the Replacement Premisesterms and conditions of the Lease, as modified and amended by this Third Amendment. (b) Tenant covenantsOn the Expansion Premises Commencement Date, Xxxxxxxx agrees to deliver, and Xxxxxx agrees to accept, the Expansion Premises, as a material part so provided in this Third Amendment. On the Expansion Premises Commencement Date, Tenant hereby affirms, acknowledges and agrees that the Expansion Premises are being delivered to Tenant in their “as-is”, “where-is” condition, free of all prior tenancies and encumbrances, with all laboratory systems fully decommissioned, without representation or warranty by Landlord, except to the extent otherwise expressly set forth herein and/or in the Lease. (c) Except for the satisfaction of the consideration Basic Delivery Conditions, Landlord shall not otherwise be obligated to perform any work whatsoever in connection with the delivery of the Expansion Premises to Tenant or to prepare any portion of the Expansion Premises for Tenant’s occupancy thereof in connection with the delivery of the Expansion Premises to Tenant. Tenant shall use the Expansion Premises for the Permitted Uses only. Following the Expansion Premises Commencement Date, Landlord and Tenant shall execute a commencement letter acknowledging the dates described above. In no event shall Tenant be permitted to occupy the Expansion Premises prior to the Expansion Premises Commencement Date. (d) From and after the Effective Date, Tenant shall pay Base Rent with respect to the entire Premises in accordance with the table attached hereto as Exhibit B. In connection with the foregoing, it is expressly acknowledged and agreed that from and after the Effective Date, the Base Rent amounts set forth and/or recited in the table of Base Rents reflected in the Original Lease, as so amended herebyprior to this Third Amendment, with respect to keep the Existing Premises, are hereby deleted and perform each of no further effect (e) During the period commencing on the Effective Date and all of said terms, covenants continuing through and conditions for which Tenant is liable and that this Amendment is made upon including the condition of such performance. On and after the Second Renewal Term Expansion Premises Commencement Date, with respect to the Existing Premises, Tenant shall pay (i) all of Additional Rent in accordance with the terms and provisions conditions of the Lease, and (ii) Tenant’s Pro Rata Share (as amended herebyherein) of Operating Costs, shall apply to both in accordance with the Replacement Premises terms and conditions of the Expansion PremisesLease. From and after the Second Renewal Term Expansion Premises Commencement Date, each and every reference in with respect to the Lease and in this Amendment to “entire Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known as Suite 246. (c) At Landlord’s request, Tenant shall execute a Commencement Date Memorandum in the form attached hereto as Exhibit B acknowledging, among other things, the pay (i) Second Renewal Term Commencement Dateall Additional Rent in accordance with the terms and conditions of the Lease, and (ii) scheduled termination date Tenant’s Pro Rata Share (as amended herein) of Operating Costs, in accordance with the terms and conditions of the Lease and (iii) Tenant’s acceptance of the Expansion Premises. Tenant’s failure to execute the Commencement Date Memorandum shall not affect Tenant’s liability hereunderLease.

Expansion Premises. From and after June 1, 1998, provided Tenant is not then in default under the terms, covenants, and conditions of this Lease, Tenant shall have the right to lease the Temporary Space and other contiguous space in the building that becomes available to the public (a) the "Expansion Premises"), at such time as the Expansion Premises become available for lease, on the following terms and conditions. In consideration such event, Landlord shall give written notice to Tenant of the rentsavailability of the Expansion Space and the terms and conditions on which Landlord intends to offer it to the public. Tenant shall have a period of five (5) business days following such notice within which to exercise Tenant's right to lease the Expansion Premises. If Tenant does not exercise its right to lease the Expansion Premises, terms, provisions Landlord may lease the Expansion Premises without restriction and covenants Tenant shall have no further rights with respect to the Expansion Premises. The terms on which the Tenant may lease the Expansion Premises shall be the greater of: (i) the per square foot rental due pursuant to the terms of this Amendment and Lease at such time; or (ii) the Lease, terms set forth in the notice provided by Landlord hereby leases unto to Tenant and Tenant hereby rents and accepts from Landlord regarding the availability of the Expansion Premises. The Expansion Premises is more particularly described shall be leased on Exhibit A attached hereto. The an "as is" basis and Landlord shall have no obligation to improve the Expansion Premises is contiguous or grant Tenant any improvement allowance thereon. If requested by Landlord, Tenant shall, prior to the Replacement Premises. (b) Tenant covenants, as a material part beginning of the consideration term for the Lease, as amended hereby, to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon the condition of such performance. On and after the Second Renewal Term Commencement Date, all of the terms and provisions of the Lease, as amended hereby, shall apply to both the Replacement Premises and the Expansion Premises. From and after the Second Renewal Term Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known as Suite 246. (c) At Landlord’s request, Tenant shall execute a Commencement Date Memorandum in written memorandum confirming the form attached hereto as Exhibit B acknowledging, among other things, the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date of the Lease and (iii) Tenant’s acceptance inclusion of the Expansion Premises and the Base Rent for the Expansion Premises. Tenant’s failure to execute the Commencement Date Memorandum shall not affect Tenant’s liability hereunder.

Expansion Premises. (a) In consideration Prior to delivery by Landlord to Tenant of the rentsPremises, termsLandlord shall deliver to Tenant possession of the premises depicted on ATTACHMENT C, provisions attached hereto (the "EXPANSION PREMISES"), which Expansion Premises comprise approximately thirty-nine thousand forty-three (39,043) rentable square feet and covenants is in the building located at 1741 Xxxxxxxxxx Xxxxx, Xxx Xxxx, Xxxxxxxxxx. Xxe terms and conditions of this Amendment Lease shall apply to Tenant's possession and the Lease, Landlord hereby leases unto Tenant and Tenant hereby rents and accepts from Landlord use of the Expansion Premises; provided, however, that Base Rent due and payable commencing on the Expansion Premises Term Commencement Date (as defined herein) through the Term Commencement Date shall be an amount equal to One Hundred Eleven Thousand Two Hundred Seventy-Three Dollars and No/100 ($111,273.00) per month. Tenant shall be liable for the payment of Operating Expenses with respect to the Expansion Premises as of the Expansion Premises Term Commencement Date (as defined below). If the obligation for payment of Base Rent for the Expansion Premises commences on a day other than the first day of a month, then such Base Rent shall be prorated and the prorated installment shall be paid on the first day of the calendar month next succeeding the Expansion Premises Term Commencement Date (as defined below). The term commencement date ("EXPANSION PREMISES TERM COMMENCEMENT DATE") with respect to the Expansion Premises is more particularly described on Exhibit A shall be the date Landlord delivers possession of the Expansion Premises with the improvements, if any, substantially complete in accordance with the terms of ATTACHMENT D, attached hereto. The By taking possession of the Expansion Premises, Tenant accepts them "as is," as being in good order, condition and repair and the condition in which Landlord is obligated to deliver them and suitable for the Permitted Use (with respect to the Expansion Premises) and Tenant's intended operations in the Expansion Premises, whether or not any notice of acceptance is given. Landlord shall make commercially reasonable efforts to deliver possession of the Expansion Premises is contiguous to the Replacement Premises. (b) Tenant covenantson or before May 1, as a material part 2000. Tenant's taking of possession of the consideration Expansion Premises or any part thereof shall constitute Tenant's confirmation of substantial completion thereof for all purposes hereof, whether or not substantial completion of the Lease, as amended hereby, Expansion Premises Building or Project shall have occurred. If for any reason Landlord cannot deliver possession of the Expansion Premises to keep and perform each and all of said terms, covenants and conditions for which Tenant is liable and that this Amendment is made upon on the condition of such performance. On and after the Second Renewal scheduled Expansion Premises Term Commencement Date, all Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and unless the Expansion Premises have been delivered to Tenant, Tenant agrees to accept possession of the terms and provisions Expansion Premises at such time as such improvements have been substantially completed, which date shall then be deemed the Expansion Premises Term Commencement Date. In the event of the Lease, any dispute as amended hereby, shall apply to both the Replacement Premises and substantial completion of work performed or required to be performed by Landlord with respect to the Expansion Premises, the certificate of Landlord's architect or general contractor shall be conclusive. From and after Upon the Second Renewal Term Commencement Date, each and every reference in the Lease and in this Amendment to “Premises” shall be and mean the Replacement Premises and the Expansion Premises, collectively. The Replacement Premises and Expansion Premises consist of a total of approximately 12,103 rentable square feet. The Expansion Premises shall be known as Suite 246. (c) At Landlord’s request, Tenant shall execute a Commencement Date Memorandum in part of the form attached hereto as Exhibit B acknowledging, among other things, Premises under this Lease and the (i) Second Renewal Term Commencement Date, (ii) scheduled termination date terms and conditions of the Lease and (iii) Tenant’s acceptance shall apply to the Expansion Premises as a part of the Expansion Premises, except as expressly stated herein." 5. Tenant’s failure The following shall be added to execute and made a part of the Commencement Date Memorandum shall not affect Tenant’s liability hereunder.Lease as a new Paragraph 39.G: