Common use of HVAC Clause in Contracts

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, each Building shall be equipped with a heating and air conditioning (a“HVAC”) Notwithstanding Section 6 system serving the applicable Building (the “BB HVAC System”). Subject to limitations imposed by all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System service during the “HVAC System Hours” (defined below). Tenant shall have the right to specify the hours of this Amendmentavailability of the BB HVAC System which may be determined separately for each Complex (the “HVAC System Hours”); provided, prior however, (i) any initial determination or changes to the Additional Premises Commencement DateHVAC System Hours shall require at least thirty (30) days prior notice to Landlord, and shall not be effective until the first day of the subsequent calendar month occurring after the expiration of the thirty (30) day period, (ii) the HVAC System Hours shall consist of, at a minimum, the hours of 8:00 A.M. to 6:00 P.M. on Monday through Friday, and (iii) the HVAC System Hours shall consist only of consecutive time periods, as determined on a daily basis. Tenant shall cooperate fully with Landlord shallat all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If the HVAC System Hours consist of more than seventy-five (75) hours per week (“Excess Hours”), then Landlord shall supply such HVAC to Tenant at Landlord’s sole actual cost (which shall be treated as Additional Rent, but not as an Operating Expense) on a zone-by-zone basis, including the cost of increased depreciation on the BB HVAC System, but excluding the cost of electricity to the extent already paid for directly by Tenant, but including the electrical costs specified as follows. Landlord shall reasonably and expenseequitably allocate the portion of the electrical costs of the BB HVAC System attributable to Tenant’s direct use of the BB HVAC System for the Excess Hours to Tenant, replace and Tenant shall pay for the 5 ton HVAC unit costs of such direct use along with the increased depreciation as set forth above, within thirty (30) days after demand, and as Additional Rent under this Lease (and not as part of the Operating Expenses) (the “5 ton unitExtra HVAC Costs”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition). (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. Sublandlord acknowledges that Subtenant may desire to make modifications or Alterations to the HVAC system serving the Sublease Premises or otherwise to the Sublease Premises in accordance with the terms of the Xxxxxxxxx in connection with the heating/cooling of the Sublease Premises, including without limitation, the use and/or installation of temporary or moveable heating/cooling equipment (acollectively, the “HVAC Alterations”) Notwithstanding Section 6 . Subject to Subtenant’s compliance with the terms of this AmendmentSublease and the Xxxxxxxxx including, without limitation, the provisions concerning Alterations and Building systems and the requirement to submit plans for any such work to Sublandlord and Overlandlord for the prior written approval, Sublandlord shall provide Subtenant with a Base Rent credit for actual, out of pocket design costs and hard costs (including, without limitation, the cost of the purchase and installation of machinery or equipment) of such HVAC Alterations up to a maximum of $110,000. Such Base Rent credit shall be provided to Subtenant in the month following Subtenant’s completion of such HVAC Alterations and Subtenant’s delivery of reasonable documentation of such costs and, to the Additional extent applicable, fully executed, unconditional lien waivers from all contractors and vendors providing work or services for such HVAC Alterations. Sublandlord shall have no liability to Subtenant nor any obligation to provide any rent credit to Subtenant in the event Overlandlord fails to consent to such HVAC Alterations. Throughout the Term of this Sublease, HVAC service shall be available to the Sublease Premises Commencement Dateon 24 hours per day, Landlord shall, at Landlord7 days per week and 365 days per year. Subtenant shall pay Sublandlord $0.50 per annum per square foot of rentable area in the Sublease Premises for Subtenant’s sole cost and expense, replace the 5 ton use of overtime HVAC unit (the “5 ton unitHVAC Charge”) located (i.e. Subtenant shall have no obligation to pay any hourly charge for such usage.) The HVAC Charge shall be paid monthly, without set-off, abatement, deduction or demand, on the first of each month during the Term (as the same may be extended) in the front office amount of $1,791.67 per month, with HVAC Charges for any partial month pro-rated on a per diem basis. Notwithstanding the incorporation of Article 71 of the Additional Premises Xxxxxxxxx in this Sublease, Subtenant shall have no obligation to pay the charges for HVAC set forth therein or elsewhere in the Xxxxxxxxx and it is expressly agreed that Subtenant’s only obligation with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior respect to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components fees for the 15 ton supply of HVAC unit located in to the warehouse area Sublease Premises is the payment of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be HVAC Charges as provided in good, operating conditionthis Section 13. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in this Sublease by virtue of incorporation of certain provisions of the LeaseXxxxxxxxx herein, Tenant throughout the term of this Sublease, Sublandlord shall not impose a heat load requirement greater than 20 tons maintain the HVAC system at Sublandlord’s sole cost and expense, unless any such maintenance, repair or replacement results from Subtenant’s misuse or abuse of cooling capacity in the Additional HC equipment serving the Sublease Premises. Failure to comply with the foregoing requirement Nothing contained in this Sublease whether stated expressly or incorporated herein shall be considered a default pursuant deemed to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred be an assumption by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event Subtenant of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated obligation to maintain, repair or replace any the HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentssystem and equipment.

HVAC. (ai) Notwithstanding Section 6 of this AmendmentLandlord shall maintain and operate the heating, prior ventilation and air conditioning systems in the Building and shall furnish heat, ventilation and air conditioning in the Promises through such systems, during the hours from 8:00 A.M. to 6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, Sundays and the Additional Premises Commencement Datedays observed by the Federal or the Connecticut government as legal holidays) (“Business Hours”). If Tenant shall require ventilating and air conditioning service or heating service at any other time (hereinafter called “after hours”), Landlord shallshall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord’s then established charges therefor on Landlord’s demand (presently $35.00 per hour, subject to future increase). (ii) Landlord will not be responsible for the failure of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Premises with more than one person for each 150 rentable square feet in any room or area within the Premises, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five (5) xxxxx per square foot of floor area in any one room or other area. If due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the air conditioning in the Premises results, necessitating changes in the air conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at LandlordTenant’s sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun’s position whenever the air conditioning system is in operation, replace and Tenant agrees at all times to cooperate fully with Landlord and to abide by all the 5 ton HVAC unit (regulations and requirements which Landlord may prescribe for the “5 ton unit”) located proper functioning and protection of the air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating conditionPremises. (biii) Prior In the event that Tenant elects to use any supplemental heating, ventilation and air conditioning system or exhaust fans (a “Supplemental HVAC System”) presently available to service the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for or requires a new Supplemental HVAC System to service the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit of which shall be in goodsubject to the provisions of Articles 3 and 41 hereof) then, operating condition. without limiting the generality of Articles 3 and 41, the following provisions shall apply to such Supplemental HVAC System: (a) for a new installation, the type of Supplemental HVAC System, its location and the method of installation shall be subject to Landlord’s approval; (b) all costs of installation (as applicable) and removal of the Supplemental HVAC System at the end of the term shall be payable by Tenant; (c) Notwithstanding anything Tenant shall at all times maintain a service contract for the Supplemental HVAC System with a contractor acceptable to Landlord; and (d) the Supplemental HVAC System will be separately metered for electricity as follows: Tenant will pay for the installation of a demand watt-hour check meter(s) and related equipment (the location(s) of which shall be subject to Landlord’s approval) to monitor the consumption of electricity by the Supplemental HVAC system. The demand watt-hour check meter shall not measure the electricity usage for the regular HVAC service provided to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with Maintenance and recalibration of the foregoing requirement installation and wiring shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premisesresponsibility. In addition, Tenant shall pay to LandlordLandlord on a monthly basis, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unitadditional rent, the cost of which shall be included in Tenant’s Annual Operating Expensessuch electrical consumption at the average rate Landlord is paying the utility therefor (including without limitation sales taxes and surcharges thereon, plus $25.00 per month as well as repairs and replacement compensation for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailadministrative expenses). (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises, Monday through Friday from 8:00 AM to 6:00 PM, holidays excepted; holidays, as such term is used in this Lease, shall mean days observed as holidays by the United States government, the Commonwealth of Pennsylvania, the County of Xxxxxxx or the Township of Tredyffrin, as well as days declared as holidays in any union contract affecting the operations of the Building; heat, ventilation and air conditioning required by Tenant at other times shall be supplied without additional charge, upon demand either through controls installed in the Premises Commencement Date, Landlord shall, at or access to Landlord’s sole cost building management system, it being understood that the heating, ventilating and expenseair conditioning system serving the Premises shall be available to Tenant on a 24 hour per day, replace 7 day per week basis, without charge other than Tenant Energy Costs. The heating, ventilating, and air conditioning shall provide reasonably comfortable conditions, provided that in any given room or area of Tenant’s demised premises, the occupancy does not exceed one person for each 150 square feet, and total electric load does not exceed 5 ton HVAC unit xxxxx per sq. ft. (plus supplemental power added by Tenant, if required) for all purposes, including lighting and power; Landlord shall not be responsible for the “5 ton unit”) located in the front office failure of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior air conditioning system to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with meet the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s design performance specifications if such failure results from excess occupancy of the Additional PremisesPremises or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds 5 xxxxx per sq. In additionft.; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess capacityexcess, (without markup) as reasonably determined by Landlord; if due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the heating, ventilating or air conditioning in the Premises results, necessitating changes in the system servicing the Premises, such changes may be made by Landlord upon request by Tenant at such rates as Tenant’s sole cost and expense, subject to the provisions of section (b) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the said heating, ventilating and air conditioning system; the foregoing heating, ventilating and air conditioning services shall be subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in good faith may elect to abide by or shall be required to abide by. On the Commencement Date, Landlord shall reasonably establish therefordeliver all heat pumps and HVAC units (the “HVAC Equipment”) servicing the Premises in good working order and condition. Notwithstanding the foregoing or anything to the contrary contained herein, Tenant shall be solely responsible at its sole cost and such other out-of-pocket costs incurred expense, for the maintenance and repair of the HVAC Equipment and any supplemental heat, ventilation and air conditioning unit in the Premises whether installed by Tenant or in the Premises on the Commencement Date. The cost of replacement of any HVAC Equipment shall be paid by Landlord without pass through to Tenant as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual an Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.Expense;

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises Commencement Dateat all times, Landlord shallwhich heating, at Landlord’s sole cost ventilating and expense, replace air conditioning system shall be under the 5 ton HVAC unit (the “5 ton unit”) located in the front office control of the Additional Premises with a new similarly-sized Tenant and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior charged to the Additional Tenant for the Tenant's usage thereof; the air conditioning and heating systems intended to service the Premises Commencement Date, have been designed to maintain the inside temperatures set forth in Paragraph C of Exhibit "E" hereto; Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components not be responsible for the 15 ton HVAC unit located in the warehouse area failure of the Additional Premises (air conditioning system to meet the “15 ton unit”) to cause aforesaid performance specifications if such failure results from the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In additionPremises in excess of that set forth in Paragraph C of Exhibit "E" or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds the number of xxxxx per square foot of floor area set forth in said Paragraph C; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s 's costs of supplying air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; if due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, and or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the heating, ventilating or air conditioning in the Premises results, necessitating changes in the system servicing the Premises, such other out-of-pocket costs incurred changes may be made by Landlord as a result upon request by Tenant at Tenant's sole cost and expense, subject to the provisions of such breach. section (db) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord shall provide preventative maintenance and to abide by all reasonable regulations and requirements which Landlord may prescribe for the 5 ton unit proper functioning and protection of the 15 ton unitsaid heating, ventilating and air conditioning system; the cost of which foregoing heating, ventilating and air conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated good faith may elect to repair abide by or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated required to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.abide by;

HVAC. (a) Landlord hereby warrants that the heating, ventilation and air-conditioning systems servicing the Leased Premises (the “HVAC”) shall be in good working order as of the Commencement Date. (b) Notwithstanding anything to the contrary set forth in Section 6 7.01 of this AmendmentLease, prior at such time, if at all, as the cost incurred by Tenant to repair the HVAC in a given calendar year exceeds $5,000.00, in the aggregate, (i) Tenant shall promptly notify Landlord, which notice shall be accompanied by copies of paid invoices evidencing such cost, and (ii) Landlord shall perform all further repairs required to the Additional Premises Commencement Date, Landlord shall, HVAC during such calendar year at Landlord’s sole cost and expense; provided, replace the 5 ton HVAC unit (the “5 ton unit”) located however, that in the front office event such repair is needed as a result of Tenant’s failure to maintain the Additional Premises with a new similarly-sized and comparable unit. On HVAC properly or the Additional Premises Commencement Date the 5 ton unit negligence or willful misconduct of Tenant or Tenant’s agents, employees, contractors or invitees, Tenant shall be in good, operating condition. (b) Prior required to perform the Additional Premises Commencement Date, Landlord shall supply necessary repairs at its sole cost and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating conditionexpense. (c) Notwithstanding anything to the contrary contained set forth in Section 7.01 of this Lease, and without limiting anything set forth in subsection (b) above, in the Leaseevent that, during the Lease Term, a particular component of the HVAC requires repair or replacement and the estimated cost for such repair or replacement exceeds $2,000.00 (i) Tenant shall not impose a heat load requirement greater than 20 tons promptly notify Landlord of cooling capacity the need for such repair or replacement, (ii) Landlord shall perform such repair or replacement at its cost and expense (subject to clause (iii) below), and (iii) Tenant shall reimburse Landlord, as Additional Rent, for the cost of such replacement up to $2,000.00; provided, however, that in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying event such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord replacement is needed as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expensesfailure to maintain the HVAC properly or the negligence or willful misconduct of Tenant or Tenant’s agents, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unitinvitees, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which Tenant shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated required to maintain, repair or replace any HVAC unit as a result of, or to perform the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, necessary replacement at its employees, contractors or agentssole cost and expense.

HVAC. (a) Notwithstanding Section 6 The HVAC system for the Leased Premises to suit normal general office space utilizing the Building Standard lighting fixtures. EXHIBIT C --------- BUILDING RULES AND REGULATIONS 1. Sidewalks, doorways, halls, stairways, vestibules and other similar areas shall not be obstructed by any Tenant or used by them for purpose other than ingress to and egress from their respective Leased Premises, and for going from one part of this Amendmentthe Building to another part. 2. Plumbing fixtures shall be used only for their designated purpose, and no foreign substances of any kind shall be deposited therein. Damage to any such fixture resulting from misuse by Tenant or any employee or invitee of Tenant shall be repaired at the expense of Tenant. 3. Nails, screws and other attachments to the Building require prior written consent from Landlord. 4. All contractors and technicians rendering any installation service to Tenant shall be subject to Landlord's approval and supervision prior to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located performing services. This applies to all work performed in the front office Building, including, but not limited to, installation of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in goodtelephone, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefortelegraph equipment, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenseselectrical devices, as well as repairs all installation affecting floors, walls, woodwork, windows, ceilings, and replacement any other physical portion of the Building. 5. Movement in or out of the Building of furniture, office equipment, or other bulky material which requires the use of elevators, stairways, or Building entrance and lobby shall be restricted to hours established by Landlord. All such movement shall be under Landlord's supervision, and the use of an elevator for such movements shall be made restricted to the Building's freight elevators. Rearrangements with Landlord shall be made regarding the time, method, and routing of such movement, and Tenant shall assume all risks of damage and pay the cost of repairing or providing compensation for damage to the Building, to articles moved and injury to persons or public resulting from such moves. Landlord shall not be liable for any acts or damages resulting from any such activity. 6. Corridor doors, when not in use, shall be kept closed. 7. Tenant shall cooperate with Landlord in maintaining the Leased Premises. Tenant shall not employ any person for the 5 ton unit purpose of cleaning the Leased Premises other than the Building's cleaning and the 15 ton unit at Landlord’s costmaintenance personnel. 8. Deliveries of water, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result ofsoft drinks, newspapers, or other such items to any Leased Premises shall be restricted to hours established by Landlord and made by use of the extent such damage freight elevators if Landlord so directs. 9. Nothing shall be swept or destruction is caused by thrown into the misconduct corridors, halls, elevator shafts, or negligent acts stairways. No birds, fish, or omissions of Tenant, its employees, contractors or agents. In the event animals of any conflict between this Section 1 1 kind shall be brought into or kept in, on or about the Leased Premises. 10. No cooking shall be done in the Leased Premises except in connection with convenience lunch room or beverage service for employees and guests (on a non-commercial basis) in a manner which complies with all of this Amendment and Section 9(a) the provisions of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailwhich does not produce fumes or odors. (e) 11. Food, soft drink or other vending machines shall not be placed within the Leased Premises without Landlord's prior written consent. 12. Tenant shall not use or keep on its Leased Premises any kerosene, gasoline, or inflammable or combustible fluid or material other than limited quantities reasonably necessary for the operation and maintenance of office equipment. 13. Tenant shall not tamper with or attempt to adjust temperature control thermostats in the Leased Premises. Landlord shall provide preventative maintenance make adjustments in thermostats on call from Tenant. 14. Tenant shall comply with all requirements necessary for the 5 ton unit security of the Leased Premises, including the use of service passes issued by Landlord for after hours movement of office equipment/packages, and the 15 ton unit, the cost of which shall be included signing security register in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsBuilding lobby after hours.

HVAC. (a) Notwithstanding Section 6 All HVAC equipment serving the Premises shall be delivered in its as-is condition as of this Amendment, prior to the Additional Premises Lease Commencement Date, Landlord subject to Landlord’s obligations with respect to a Non-Compliant Condition. Tenant shall have the right to inspect such the HVAC equipment at Tenant’s sole risk, cost, and expense, including the cost to repair any damage caused by Tenant during such inspection, without any liability of Landlord. Tenant shall be responsible for the regular and preventative maintenance and usage of the HVAC equipment (including roof top units, ducting direct to the Premise, conduits, and air handlers) exclusively serving any portion of the Premises whether located within the Premises or outside (“Tenant HVAC System”), including, without limitation any balancing of the Tenant HVAC System. In connection with Tenant’s obligation to maintain the Tenant HVAC System, Tenant shall, during the Term, and any renewals thereof, at Landlord’s its sole cost and expense, replace maintain a service contract for the 5 ton routine performance of standard maintenance, including but not limited to, periodic replacement of filters, oiling of mechanical components and inspection for wear and tear. Landlord reserves the right to reasonably designate an HVAC unit contractor with whom Tenant shall contract for such routine maintenance so long as the fee charged by Landlord’s designated contractor shall be the same or less than the fee charged by Tenant’s contractor for similar services. If Tenant fails to commence and adequately complete repairs within the applicable notice and cure periods set forth in this Lease, or if Landlord shall decide to maintain and service the Tenant HVAC System as a part of Operating Expenses, Landlord may make or complete said maintenance and repairs and Tenant shall pay the cost thereof to Landlord within ten (the “5 ton unit”10) located in the front office of the Additional Premises days after written demand, together with a new similarly-sized and comparable unitcommercially reasonable administrative fee not to exceed 10% of such costs for Landlord’s overhead, payable as Additional Rent. On the Additional Premises Commencement Date the 5 ton unit The electricity used for Tenant HVAC System shall be separately metered. Other costs for Tenant HVAC System components provided from common Building systems (e.g., water, compressed air and vacuum) shall be prorated in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating conditionLandlord’s reasonable discretion. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans be responsible for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything general office HVAC available to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms remainder of the Lease with respect to Premises not served by Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unitHVAC System during normal business hours, the cost of which shall be included in Tenant’s Annual Operating Expenses. If Tenant desires to use the Building HVAC system beyond normal operating hours, as well as repairs and replacement Tenant shall pay standard market rates for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailafterhours use. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises Commencement DatePremises, Landlord shallMonday through Friday from 8:00 AM to 6:00 PM, and Saturday 9:00 AM to 1:00 PM, holidays excepted; holidays, as such term is used in this Lease, shall mean days observed as holidays by the United States government, the Commonwealth of Virginia; heat, ventilation and air conditioning required by Tenant at other times shall be supplied upon reasonable prior notice and shall be paid for by Tenant, promptly upon billing, at Landlord’s sole cost such rates as Landlord shall establish therefor (which rate is currently $55 per hour); the air conditioning and expense, replace heating systems intended to service the 5 ton HVAC unit (Premises have been designed to maintain the inside temperatures set forth on Exhibit “5 ton unit”) located in H” hereto; Landlord shall not be responsible for the front office failure of the Additional Premises with a new similarly-sized and comparable unit. On air conditioning system to meet the Additional Premises Commencement Date aforesaid performance specifications if such failure results from the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In additionPremises in excess of that set forth in Exhibit “H” or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds six (6) xxxxx per rentable square foot of electric load, if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; if due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, and or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the heating, ventilating or air conditioning in the Premises results, necessitating changes in the system servicing the Premises, such other out-of-pocket costs incurred changes may be made by Landlord as a result upon request by Tenant at Tenant’s sole cost and expense, subject to the provisions of such breach. section (db) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord shall provide preventative maintenance and to abide by all of the regulations and requirements which Landlord may prescribe for the 5 ton unit proper functioning and protection of the 15 ton unitsaid heating, ventilating and air conditioning system; the cost of which foregoing heating, ventilating and air conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated good faith may elect to repair abide by or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated required to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.abide by;

HVAC. (aTenant shall install at its own cost and expense such heating, ventilating, air conditioning and exhaust facilities in the Premises as shall be required for the conduct of its business in the Premises. If Tenant fails to install adequate facilities for such purposes and such failure adversely affects the operation of the Base Building heating, ventilating and air conditioning “HVAC”) Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Datesystem, Landlord shallmay install supplementary facilities in the Premises or, at Landlord’s sole option, elsewhere in the Building, and Tenant shall pay the cost of installation, operation and maintenance thereof. In addition, if Tenant fails to install adequate heating, ventilating, air conditioning and exhaust facilities for the conduct of Tenant’s business in the Premises and such failure adversely affects the operation of the Base Building heating, ventilating and air conditioning system Landlord may make such modifications to the Base Building heating, ventilating and air conditioning system (as distinguished from supplementary facilities installed by Landlord or Tenant pursuant to the preceding provisions of this Section) as are required for the conduct of Tenant’s business in the Premises, and Tenant shall pay the actual cost thereof. If Tenant does install HVAC facilities for the purposes described above, and, as a result thereof, needs to connect to Landlord’s tempered water system, Tenant shall be required to pay the cost and expense, replace associated costs to shut down and restart the 5 ton HVAC unit (the “5 ton unit”Building system(s) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation hook up Tenant’s HVAC equipment and, in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit addition, shall be in good, operating condition. (c) Notwithstanding anything required to pay Landlord a monthly usage fee for the contrary contained in tempered water used by Tenant for the Lease, Tenant shall not impose a heat load requirement greater than 20 tons operation of cooling capacity in the Additional PremisesTenant’s HVAC equipment to be connected to Landlord’s tempered water loop. Failure to comply with the foregoing requirement The monthly usage fee for Tenant’s use of such tempered water shall be considered equitably calculated on a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, square footage basis or by such other reasonable and consistent method that reflects Landlord’s costs of supplying therefor. All such excess capacity, at such rates as Landlord fees shall reasonably establish therefor, and such other out-of-pocket costs incurred be payable by Tenant to Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included Additional Rent in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in accordance with this Lease. In no event shall Landlord Tenant be obligated entitled to repair or replace any such use more than its proportionate share of the Building’s excess tempered water capacity. The size and design of the HVAC unit as a result offacilities, the manner in which the HVAC facilities will be vented and access outside air, if applicable, or the manner in which Tenant connects to Landlord’s tempered water system, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior reasonable written approval. Tenant shall be responsible, at its cost, for maintaining and repairing the HVAC facilities in the Premises to the extent such damage or destruction is caused by reasonable satisfaction of Landlord. Landlord agrees to maintain the misconduct or negligent acts or omissions of TenantBase Building heating, its employeesventing, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailair conditioning system in good working order. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises Commencement Date, Building on a 24/7 basis subject to interruptions in service once every five years for transformer maintenance which maintenance will be performed and completed on a weekend; the air conditioning and heating systems intended to service the Building have been designed to maintain the inside temperatures set forth in Paragraph C of Exhibit “E” hereto; Landlord shall, at Landlord’s sole cost and expense, replace shall not be responsible for the 5 ton HVAC unit (the “5 ton unit”) located in the front office failure of the Additional Premises with a new similarly-sized and comparable unit. On air conditioning system to meet the Additional Premises Commencement Date aforesaid performance specifications if such failure results from the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In additionBuilding in excess of that set forth in Paragraph C of Exhibit “E” or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds the number of xxxxx per square foot of floor area set forth in Paragraph B of Exhibit “E”; if the Building is used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; if due to use of the Building in a manner exceeding the aforementioned occupancy and electrical load criteria, and or due to rearrangement of partitioning after the initial preparation of the Building, interference with normal operation of the heating, ventilating or air conditioning in the Building results, necessitating changes in the system servicing the Building, such other out-of-pocket costs incurred changes may be made by Landlord as a result upon request by Tenant at Tenant’s sole cost and expense, subject to the provisions of such breach. section (db) of this Article 16. Landlord shall provide preventative maintenance for covenants that unless Landlord so advises Tenant at the 5 ton unit and time of Landlord’s approval of the 15 ton unitTenant Construction Plans, the cost Tenant Work will not violate (or cause extra charges in connection with) or exceed the occupancy and design load criteria referenced above and set forth in Paragraph B of which Exhibit “E”. The foregoing heating, ventilating and air conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated good faith may elect to repair abide by or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated required to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.abide by;

HVAC. (a) Notwithstanding Section 6 of this AmendmentIf Tenant elects to contract for HVAC maintenance, prior to the Additional Premises Commencement Date, Landlord Tenant shall, at Landlord’s Tenant's sole cost and expense, replace the 5 ton HVAC unit and using vendor(s) reasonably acceptable to Landlord, maintain a contract (the “5 ton unit”"Maintenance Contract") located providing for inspection of the HVAC system at least four times per year, and including without limitation periodic changing of any and all filters, changing of belts, lubricating of equipment and maintenance of operating levels of freon in accordance with manufacturers specifications. Tenant shall deliver a copy of the Maintenance Contract to Landlord annually. Tenant shall also, at its sole cost and expense, pay for all repairs and replacements to the HVAC system not covered by the Maintenance Contract. If Tenant fails to maintain the Maintenance Contract or to perform repairs or maintenance required pursuant to this Lease, and if Tenant fails to cure such failure within the period ("Cure Period") which is ten (10) days after written notice from Landlord (provided however, that the Cure Period shall be such longer period as Tenant may reasonably require to cure such failure so long as Tenant commences to cure such failure within such ten (10) day period and diligently prosecutes such cure to completion), Landlord is not obligated to but may, at its sole option, obtain such Maintenance Contract and/or make such repairs and perform such maintenance to the HVAC system as Landlord, in its bona fide business judgment, determines to be necessary, in which event the Tenant shall repay the reasonable cost thereof to Landlord within thirty (30) days after demand. Further, if Tenant fails to perform any of the foregoing services within the Cure Period, Landlord shall have the right if Tenant fails to perform any of the foregoing services (in order to insure uniform cleaning, maintenance of the HVAC system, preservation of the Project and systematic and orderly refuse disposal) at its option to provide said services for a reasonable fee to be paid by Tenant as Additional Rent. If Tenant incurs any expenses to replace portions of the HVAC system during the two years prior to the Lease Expiration Date (as extended in the front office event that Tenant exercises one or more Options to Extend), provided that Tenant gives Landlord written notice of the Additional Premises with a new similarly-sized nature, date and comparable unit. On cost of such replacements prior to completing said replacements, then the Additional Premises Commencement Date the 5 ton unit cost of such replacements shall be amortized over the period determined by Landlord in goodconformity with generally accepted accounting principles or income tax accounting principles pursuant to Internal Revenue Code and upon expiration of the term of the Lease, operating condition. (b) Prior provided that Tenant or any Affiliate of Tenant or transferee pursuant to a Permitted Transfer does not acquire title to the Additional Premises Commencement on or within thirty days after the Lease Expiration Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components reimburse Tenant for the 15 ton HVAC unit located in the warehouse area unamortized cost of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in goodsuch replacements, operating condition. Landlord shall use commercially reasonable efforts to allow minus any sums owed by Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of within thirty days after the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailExpiration Date. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Date, Landlord shallTenant, at Landlord’s sole cost and Tenant's expense, shall have the right to install, ---- maintain, repair and replace from time to time two cooling lines at Tenant's sole expense, not to exceed 6 inches in diameter, through the 5 ton HVAC unit (the “5 ton unit”) located Building core to support air conditioning systems installed by Tenant in the front office Premises. Additionally, Tenant, at Tenant's expense, shall have the right to install, maintain, repair and replace from time to time condensers/chiller systems in the loading dock area or on the roof of the Additional Building in connection with Tenant's separate air conditioning systems, provided that Tenant shall also be required to build a barrier to surround any such systems in the loading dock and provided further that the footprint necessary for such systems and barrier shall not exceed 132 inches wide by 200 inches long without Landlord's written consent. Immediately upon construction of any condenser/chiller systems in the loading dock area or on the roof of the Building, the amount of usable square feet necessary therefor shall become part of the Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit Tenants Percentage and Base Rent shall be in good, operating condition. (b) Prior increased to the Additional Premises Commencement Date, Landlord shall supply reflect such additional area. Plans and install 90 degree trunk duct separating supply and return, controls and any other necessary components specifications for the 15 ton HVAC unit located in the warehouse area installation of the Additional Premises (the “15 ton unit”) such lines and systems shall be subject to cause the 15 ton unit to Landlord's prior approval, which approval shall not be in goodunreasonably withheld, operating conditiondelayed or conditioned. Landlord shall use commercially run Building chillers other than during Normal Business Hours at Tenant's request. Each month Tenant shall provide a schedule of hours outside Normal Business Hours that the chiller system shall be run to support its business operations. Landlord and Tenant shall mutually agree on the reasonable efforts to allow Tenant to review the plans hourly' charge for such installation chiller service, which charge shall not be more than $65 per hour in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit 1998 (which cap shall be increased in good, operating condition. any year after 1998 by the percentage increase in the CPI for that year from the CPI for 1998). "CPI" shall mean the Consumer Price Index for All Urban Consumers (c1982- 1984=100) Notwithstanding anything specified for "All Items" as it relates to the contrary contained in Denver, Colorado metropolitan area, as published by the LeaseUnited States Department of Labor, Tenant Bureau of Labor Statistics. In case of any dispute over such reasonable hourly charge Landlord shall not impose designate a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure qualified independent engineer whose decision as to comply with the foregoing requirement an appropriate hourly charge shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s costconclusive on both parties, provided that such charge shall not exceed the maximum amount specified above. If any other tenant in the Building requests HVAC services outside Normal Business Hours, then the hourly charge therefor shall be equitably shared by such other tenant or tenants. In no event shall Landlord be obligated permitted to repair withhold HVAC services or replace any such HVAC unit as other services due to a result of, or to disagreement over the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsappropriate charge. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease Landlord shall reasonably cooperate with Tenant with respect to HVAC requirements in Tenant's equipment room; all expenses for HVAC controls in the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which equipment room shall be included in solely Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents's (except for Building-Standard HVAC).

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to From and after the Additional Premises Commencement Date, Landlord shallin accordance with standards appropriate for a first-class office building, furnish heat, ventilation and air-conditioning to the Premises during Normal Business Hours, as defined in the following paragraph, subject to the following: (A) Heating and/or air-conditioning supplied to Tenant during times other than Normal Business Hours (“Off-Hours HVAC”) required by Tenant shall be supplied upon reasonable prior notice, and shall be paid for by Tenant as Additional Rent within 30 days after Xxxxxx’s receipt of each bill therefore at the rate equal to Landlord’s sole actual incremental cost thereof (not including any amount for any increased wear and expensetear, replace and taking into accounting other simultaneous users of Off-Hours HVAC and the 5 ton HVAC unit (the “5 ton unit”) located amounts required to be paid by them therefore, which amounts shall never be less, on a cost per hour of use basis, for any tenant in the front office Building than that charged to Tenant); (B) Landlord shall not be responsible for the failure of the Additional Premises with a new similarlyheating or air-sized and comparable unit. On conditioning system to meet the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for aforesaid standards if such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s failure results from occupancy of the Additional Premises. Premises by more than an average of one person for each 209 square feet of rentable space or if Tenant uses equipment and the combined electrical load of Tenant’s equipment and Tenant’s lighting fixtures exceeds 6 xxxxx per square foot of floor area in any one room or area; (C) In addition, if the Premises are used in a manner exceeding the aforementioned occupancy or electric load criteria, Tenant shall pay to LandlordLandlord as Additional Rent, promptly upon billingwithin 15 days after Tenant’s receipt of each bill therefor, Landlord’s costs of supplying heating or air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; (D) If, due to the use of the Premises in a manner exceeding the aforementioned occupancy or electrical load criteria or if Tenant has requested and installed a supplemental HVAC system, or due to the arrangement of partitioning or the distribution system within the Premises, impairment of normal operation of the heating or air-conditioning in the Premises results, necessitating changes in the heating or air-conditioning distribution system within the Premises, such other out-of-pocket costs incurred changes may be made by Landlord upon request by Xxxxxx, subject to the provisions of Article 12(b); Tenant shall pay to Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, Additional Rent the cost of any such change within 30 days after Xxxxxx’s receipt of a bill therefor; (E) Tenant agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating and/or air-conditioning system provided same does not materially impact Tenant’s business; (F) The foregoing heating and air-conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in Tenant’s Annual Operating Expensesgood faith may elect to abide by or shall be by law required to abide by. Tenant shall be responsible for all cleaning, as well as maintenance, repairs and replacement for the 5 ton unit replacements of supplemental HVAC equipment and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailfacilities. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) The HVAC system for the Leased Premises to suit normal general office space utilizing the Building Standard lighting fixtures. Landlord and Tenant acknowledge that this list is not exhaustive of all improvements which now or hereinafter may be located within the Leased Premises, the Building and/or the Project and that this Exhibit E is included as a representative sampling of the scope and quality of the standard improvements selected for the Project. Notwithstanding Section 6 the foregoing, the inclusion of this AmendmentExhibit E is not a representation or warranty by Landlord regarding the quality, prior quantity and/or nature of the improvements located within the Leased Premises or of the operating order, condition and/or repair of such improvements. Tenant acknowledges and agrees that Landlord’s entire obligation with respect to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office condition of the Additional improvements located within the Leased Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be as stated in goodSection 6.01 of the Lease. EXHIBIT F 1. Sidewalks, operating conditiondoorways (and, during any period of the Term in which Tenant is not leasing the entire Building from Landlord, halls, stairways and vestibules) and other similar areas shall not be obstructed by Tenant or used by Tenant for any purpose other than ingress to and egress from the Leased Premises. For purposes of this Exhibit F, the Building shall be deemed to be a “Multi-Tenant Building” during any period of the Term in which Tenant is not leasing the entire Building from Landlord, as described in Section 3.05(b) of the Lease. (b) Prior 2. Plumbing fixtures shall be used only for their designated purpose, and no foreign substances of any kind shall be deposited therein. Damage to any such fixture resulting from misuse by Tenant or any employee or invitee of Tenant shall be repaired at the expense of Tenant. 3. Tenant shall not use any method of heating or air conditioning other than that approved by Landlord without the prior written consent of Landlord, which consent shall not be unreasonably withheld. 4. All window coverings installed by Tenant and visible from the outside of the Building require the prior written approval of Landlord. 5. Nails, screws and other attachments to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for Building that could affect the 15 ton HVAC unit located in the warehouse area structural integrity of the Additional Premises (Building require prior written consent from Landlord. Tenant shall remove all nails, screws and other attachments, patch the “15 ton unit”) walls and repair any related damage to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review Building upon the plans for such installation in advance so that Tenant may provide feedback. On expiration or sooner termination of the Additional Premises Commencement Date the 15 ton unit shall be in good, operating conditionLease. (c) Notwithstanding anything 6. During any period that the Building is a Multi-Tenant Building, subject to the contrary contained in Section 5.18 of the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Additional Leased Premises. Failure During any period that the Building is not a Multi-Tenant Building, Tenant shall not use, keep or permit to comply with be used or kept any foul or noxious gas or substance that permeates to and/or can be smelled on the foregoing requirement exterior of the Building or that could be harmful to occupants of or visitors to the Project. Nothing contained in this Paragraph 6 shall be considered deemed or construed to permit Tenant to bring upon or use in or about the Leased Premises any substance or material that constitutes a default pursuant to Hazardous Material other than in strict compliance with the terms of Section 5.18 of the Lease Lease. 7. Tenant shall park motor vehicles in the areas of the Project designated by Landlord as parking areas, including areas for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with respect traffic flow around the Building or the Project and loading and unloading areas of other tenants. 8. Tenant will operate the Building’s heating and air conditioning systems in a reasonable manner and shall comply with any governmental energy-saving rules or regulations about which Tenant has been given notice. During any period that the Building is a Multi-Tenant Building, Tenant shall not waste electricity, water or air conditioning, except for any such utilities that are separately metered to Tenant’s occupancy Leased Premises. 9. During any period that the Building is a Multi-Tenant Building, canvassing, peddling, soliciting, and distribution of handbills in the Additional PremisesBuilding are prohibited and Tenant will cooperate to prevent these activities. 10. In additionDuring any period that the Building is a Multi-Tenant Building, Tenant shall pay not access the roof without Landlord’s permission. 11. During any period that the Building is a Multi-Tenant Building, business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be reasonably objectionable to Landlord or other tenants, shall be placed and maintained by Tenant, at Tenant’s expense, on vibration isolators or in noise-damping housing or other devices sufficient to eliminate unreasonable noise or vibration. During any period that the Building is not a Multi-Tenant Building, business machines and mechanical equipment belonging to Tenant which cause noise that can be heard on the exterior of the Building or vibration that may be transmitted to the structure of the Building, to such a degree as to be reasonably objectionable to Landlord, promptly upon billingshall be placed and maintained by Tenant, at Tenant’s expense, on vibration isolators or in noise-damping housing or other devices sufficient to eliminate unreasonable noise or vibration. Without limiting Landlord’s costs of supplying such excess capacityright to assert that noise is unreasonable in other instances, noise shall be presumed to be unreasonable if it can be heard inside other buildings at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breachthe Project. (d) Landlord 12. All goods, including material used to store goods, delivered to the Leased Premises of Tenant shall provide preventative maintenance be moved into the Leased Premises within a reasonable time on the date of delivery and shall not be left in parking or receiving areas overnight. 13. Tenant is responsible for the 5 ton unit storage and the 15 ton unit, the cost removal of which all trash and refuse. All such trash and refuse shall be included contained in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit suitable receptacles stored behind screened enclosures at locations approved by Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises Commencement DatePremises, Landlord shallMonday through Friday from 8:00 AM to 6:00 PM, holidays excepted; holidays, as such term is used in this Lease, shall mean days observed as holidays by the United States government, the Commonwealth of Pennsylvania, the County of Xxxxxxx or the Township of Tredyffrin, as well as days declared as holidays in any union contract affecting the operations of the Building; heat, ventilation and air conditioning required by Tenant at other times shall be supplied upon reasonable prior notice and shall be paid for by Tenant, promptly upon billing, at Landlord’s sole cost such rates as Landlord shall establish therefor; the air conditioning and expense, replace heating systems intended to service the 5 ton HVAC unit (Premises have been designed to maintain the “5 ton unit”) located inside temperatures set forth in Paragraph C of Exhibit "E" hereto; Landlord shall not be responsible for the front office failure of the Additional Premises with a new similarly-sized and comparable unit. On air conditioning system to meet the Additional Premises Commencement Date aforesaid performance specifications if such failure results from the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In additionPremises in excess of that set forth in Paragraph C of Exhibit "E" or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds the number of xxxxx per square foot of floor area set forth in said Paragraph C; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s 's costs of supplying air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; if due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, and or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the heating, ventilating or air conditioning in the Premises results, necessitating changes in the system servicing the Premises, such other out-of-pocket costs incurred changes may be made by Landlord as a result upon request by Tenant at Tenant's sole cost and expense, subject to the provisions of such breach. section (db) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord shall provide preventative maintenance and to abide by all of the regulations and requirements which Landlord may prescribe for the 5 ton unit proper functioning and protection of the 15 ton unitsaid heating, ventilating and air conditioning system; the cost of which foregoing heating, ventilating and air conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated good faith may elect to repair abide by or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated required to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.abide by;

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises Commencement Date, Building on a 24/7 basis subject to interruptions in service once every five years for transformer maintenance which maintenance will be performed and completed on a weekend; the air conditioning and heating systems intended to service the Building have been designed to maintain the inside temperatures set forth in Paragraph B of Exhibit “E” hereto; Landlord shall, at Landlord’s sole cost and expense, replace shall not be responsible for the 5 ton HVAC unit (the “5 ton unit”) located in the front office failure of the Additional Premises with a new similarly-sized and comparable unit. On air conditioning system to meet the Additional Premises Commencement Date aforesaid performance specifications if such failure results from the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In additionBuilding in excess of that set forth in Paragraph B of Exhibit “E” or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds the number of xxxxx per square foot of floor area set forth in said Paragraph B; if the Building is used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; if due to use of the Building in a manner exceeding the aforementioned occupancy and electrical load criteria, and or due to rearrangement of partitioning after the initial preparation of the Building, interference with normal operation of the heating, ventilating or air conditioning in the Building results, necessitating changes in the system servicing the Building, such other out-of-pocket costs incurred changes may be made by Landlord as a result upon request by Tenant at Tenant’s sole cost and expense, subject to the provisions of such breach. section (db) of this Article 16. Landlord shall provide preventative maintenance for covenants that unless Landlord so advises Tenant at the 5 ton unit and time of Landlord’s approval of the 15 ton unitTenant Construction Plans, the cost Tenant Work will not violate (or cause extra charges in connection with) or exceed the occupancy and design load criteria referenced above and set forth in Paragraph B of which Exhibit “C”. The foregoing heating, ventilating and air conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated good faith may elect to repair abide by or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated required to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.abide by;

HVAC. (1) Landlord warrants that, as of the Lease Commencement Date, the HVAC system servicing the Building and the other building in the Project (the "System") will be in good condition and repair; provided, however, Tenant acknowledges and agrees that the foregoing warranty is not and shall not be construed as any representation, warranty and/or covenant that such System is adequate for Tenant's needs or is capable of performing to any particular standard, it being acknowledged and agreed that Landlord has agreed to make available to Tenant the Loan described in part (2) below on the terms and conditions set forth therein as Landlord's sole agreement with respect to the sufficiency of the System. Tenant's recourse for any breach of the foregoing warranty shall be limited to a claim for damages. Any work desired to be performed with the proceeds of the Loan shall be performed by or at the direction of Landlord, in accordance with Working Drawings and specifications approved by Tenant in accordance with EXHIBIT C., and shall be subject to Landlord's prior written approval. Landlord may credit against the proceeds of the Loan any and all costs incurred by Landlord in connection with the design and/or performance of improvements to or enhancements of the System, including without limitation any construction management fee payable by Landlord (whether to an affiliate of Landlord or otherwise) in connection therewith. (2) Upon Tenant's written request therefor, made prior to approval by Landlord and Tenant of the Working Drawings (as defined in EXHIBIT C hereto), Landlord shall make available to upgrade the System the lesser of One Hundred Thousand and No/100ths Dollars ($100,000.00) or the costs of permanent improvements to the System made in accordance with plans approved by Landlord and Tenant (the "Loan"). The terms and conditions on which Landlord has agreed to make the Loan are as follows: (a) Notwithstanding Section 6 The Loan shall bear interest at the rate of this Amendmenteight percent (8%) per year, prior and interest shall be calculated separately for each disbursement from the date of the disbursement. In no event, however, shall the interest payable on the Loan exceed the maximum amount which Landlord may legally collect under the then applicable usury law. In the event it is hereafter determined by a court of competent jurisdiction that the interest payable or paid by Tenant with respect to the Additional Premises Commencement DateLoan shall exceed the maximum interest which Landlord may collect under the then applicable usury law, then (i) any excess amount previously paid by Tenant to Landlord shall, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office shall be credited against principal of the Additional Premises with a new similarly-sized Loan, or refunded to Tenant if no portion of the principal of the Loan then remains unpaid and comparable unit. On (ii) interest on the Additional Premises Commencement Date Loan subsequent to the 5 ton unit date of such determination shall be in good, operating conditionreduced to the maximum amount which it is determined that Landlord may collect under the then applicable usury law. (b) Prior The Loan shall be repaid by Tenant to Landlord in sixty (60) equal consecutive monthly installments, commencing on the Additional Premises first day of the month after the month in which the Lease Commencement DateDate occurs. Once the amount of the Loan is finally determined, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area give notice to Tenant of the Additional Premises amount disbursed by Landlord on account of the Loan and the monthly installments due to Landlord under this clause (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition2). Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedbackalso, at any time and from time to time, prepay all or any part of the Loan without penalty. On the Additional Premises Commencement Date the 15 ton unit Any such payment or prepayment shall be in good, operating conditionapplied first to the payment of accrued and unpaid interest and the balance to principal. (c) Notwithstanding the provisions of subsection (b), the entire then unpaid balance of the Loan and all accrued and unpaid interest thereon shall be due and payable in full upon the first to occur of: (i) Any early termination of this Lease pursuant to the provisions of Sections XVIII., XIX. or XX. of the Lease, or any earlier termination of the Other Lease pursuant to the provisions of Sections XVIII., XIX. or XX. thereof. Upon any termination of this Lease or the Other Lease pursuant to any such Section, Landlord shall have the right to seek recovery of such unpaid balance and accrued interest against any insurance or condemnation proceeds payable to Tenant, and Tenant hereby assigns its interest in such proceeds to Landlord up to the full amount of such proceeds or the then unpaid balance of the Loan and all accrued interest thereon, whichever is lesser. Exhaustion of such proceeds shall not limit or defeat Tenant's liability to repay to Landlord any remaining balance of such Loan and the accrued and unpaid interest thereon; provided, however, the Loan balance shall be reduced by any proceeds actually recovered by Landlord, which amount, if previously paid by Tenant to Landlord, shall be delivered to Tenant. (ii) An Assignment of Tenant's interest in this Lease or the Other Lease or a Sublease of all or any portion of the Premises or the premises which are the subject of the Other Lease by Tenant. Notwithstanding anything to the contrary contained herein, Landlord may require repayment in full of the then entire unpaid balance of the Loan and all accrued and unpaid interest thereon as a condition to any consent by Landlord to an Assignment or Sublease under this Lease and/or the Other Lease. (iii) The occurrence of a default by Tenant, as defined in Section XX. of the Lease. Upon the occurrence of such a default, Tenant shall not impose a heat load requirement greater than 20 tons Landlord may seek to recover the then unpaid balance of cooling capacity the Loan and all accrued and unpaid interest thereon in the Additional Premisesany unlawful detainer or other action instituted by Landlord upon such default. Failure to comply with the foregoing requirement Such balance shall be considered deemed due and payable in full upon the occurrence of such default and may be recovered in such action as if additional rent whether or not included in any notice given by Landlord to Tenant prior to or as a default pursuant condition to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result institution of such breachaction. (d) Failure of Tenant to pay any amount due pursuant to subsection (b) above when due, which failure continues for three (3) days after written notice thereof from Landlord to Tenant (which notice shall provide preventative maintenance for the 5 ton unit be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended), shall be deemed a default pursuant to this Lease and the 15 ton unit, Other Lease to the cost of which shall be included in Tenant’s Annual Operating Expensessame extent as if such amount were additional rent due pursuant to this Lease or the Other Lease, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentscase may be. In such event, such unpaid amount (but not the event of any conflict between this accrued and unpaid interest thereon) shall bear interest at the rate provided for in Section 1 1 of this Amendment and Section 9(a) XXI.A. of the Lease with respect and/or the Other Lease from the date such payment was due and not paid until payment of such amount in full and, upon the declaration by Landlord of a default pursuant to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.XX.A.

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior Relating to the Additional HVAC rooftop units servicing the Demised Premises Commencement Dateand notwithstanding anything to the contrary set forth in Article 8.0 of the Original Lease, Landlord shall, at Landlord’s sole cost and expense, agrees to immediately replace the 5 ton HVAC unit up to four (the “5 ton unit”4) located in the front office of the Additional Premises with a new similarly-sized existing rooftop units, but not less than two (2) (as mutually agreed upon by Landlord and comparable unitTenant). On the Additional Premises Commencement Date the 5 ton unit The costs for replacing these two (2) to four (4) units shall be in good, operating condition. shared equally between Landlord and Tenant (band Tenant shall pay Landlord Tenant’s share of the replacement costs within thirty (30) Prior days of the day of submission by Landlord to the Additional Premises Commencement DateTenant of a statement for said costs). Thereafter, Landlord shall supply replace such additional existing HVAC rooftop units servicing the Demised Premises, if the cost to repair any such unit is greater than 30% of the unit’s full replacement cost. The costs relating to any such replacement shall be borne equally between Landlord and install 90 degree trunk duct separating supply Tenant (and return, controls Tenant shall pay Landlord Tenant’s share of the replacement costs within thirty (30) days of the day of submission by Landlord to Tenant of a statement for said costs). If Tenant exercises its Renewal Option and any other necessary components of the original eleven (11) units identified with an asterisk (*) on Exhibit B have not been replaced and now require replacement pursuant to the repair cost threshold described above, the cost of the replacement shall be allocated between Landlord and Tenant as described above. Finally, in the event Tenant exercises its Right of First Offer for any of the 15 ton Offer Space, or if Tenant exercises its Renewal Option and any of the units fail which Tenant has already contributed towards its replacement or the unit is not identified with an asterisk (*) on Exhibit B, replacement costs shall be handled as follows: Landlord shall pay to replace said HVAC units at its sole expense but shall be entitled to recover 1/15th of the cost plus an 8% interest factor from Tenant in a separate billing by Landlord to Tenant. This calculation uses a HVAC unit located in the warehouse area useful life of the Additional Premises (the “15 ton unit”) years to cause the 15 ton unit calculate Tenant’s pro rata share to be in good, operating conditionbilled each subsequent year Tenant occupies the Demised Premises. Tenant and Landlord shall use commercially reasonable efforts both agree that all HVAC service and maintenance issues will be reported to allow Tenant to review the plans property management for such installation in advance so that Tenant may provide feedbacktheir scheduling of repairs and maintenance. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Original Lease, Landlord shall repair and maintain the HVAC units serving the Demised Premises so as to maintain the same in good working order and capable of meeting the temperature specifications set forth on Exhibit E attached to the Original Lease and Tenant shall not impose a heat load requirement greater than 20 tons have no responsibility for performing the maintenance, repair or replacement of cooling capacity in the Additional HVAC units serving the Demised Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant All such repairs and maintenance to the terms of the Lease with respect HVAC units will be billed by Landlord to Tenant in a separate billing to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event a repair exceeds the 30% threshold for replacement, Landlord will consult with Tenant for its approval to replace. Notwithstanding anything to the contrary in this Section 9, prior to replacing any HVAC unit serving the Demised Premises, Landlord must obtain Tenant’s prior written approval. In determining the costs of any conflict between this Section 1 1 of this Amendment HVAC unit which are subject to reimbursement by Tenant hereunder, such costs shall only include those costs actually incurred by Landlord, without xxxx-up, for procuring and Section 9(a) of the Lease with respect to the 5 ton unit installing such HVAC units and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which governmental permits and approvals in connection with the same and shall not include any other costs, such as management or supervision fees, elevator fees, dock fees, or utility costs. All replacement HVAC units shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated new and of sufficient capacity to maintain, repair or replace any HVAC unit as a result of, or meet the temperature specifications set forth on Exhibit E attached to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of TenantOriginal Lease. Landlord shall install all HVAC units in a good, its employees, contractors or agentsworkmanlike manner and in compliance with all applicable laws and regulations.

HVAC. Tenant shall (ai) Notwithstanding maintain and repair (including, without limitation, replacing component parts) when necessary all HVAC equipment which services only the Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every 90 days during the Lease Term. If the HVAC unit(s) serving the Premises needs to be replaced due to normal wear and tear or if the repairs required to be made by Tenant exceed $1,000.00, Landlord agrees to perform the work for the repair or replacement of the HVAC unit(s) servicing the Premises as and when determined by Landlord in good faith where such work is not due to any negligence or willful misconduct of Tenant or any of Tenant’s Agents or due to any Tenant’s Alteration, and Tenant shall pay to Landlord the amortized portion of the cost for any such work in accordance with Section 6 5.4 of this AmendmentLease. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises, provided the costs for such maintenance service contract shall be customary for such service contracts for similar properties in the vicinity of the Project. Tenant shall furnish Landlord with a copy of such service contract, which shall provide that they may not be canceled or changed without at least 30 days’ prior written notice to Landlord. Prior to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace will have the 5 ton HVAC unit equipment inspected by a HVAC service vendor (the “5 ton unitHVAC Report”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) agrees to cause the 15 ton unit work that is recommended in the HVAC Report for the HVAC equipment that services the Premises to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review done by the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date and the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant cost thereof shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect charged to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. Lessor hereby agrees to (a) Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace the 5 three (3) existing 25 ton roof-top HVAC unit (units and control systems serving the “5 ton unit”) located in the front office of the Additional Building and various portions Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to retrofit the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton VAV boxes associated with each specific HVAC unit located in over the warehouse area next three calendar years as follows: (i) Lessor to replace the existing roof-top HVAC unit designated by the parties as RTU#1 and the base control system before the end of calendar year 2010. Lessor and Lessee will reasonably cooperate with one another to coordinate the replacement of such unit with the construction of the Additional Premises Lessee Improvements (the “15 ton unit”as defined in Exhibit A attached hereto) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided except that in no event shall Landlord be obligated any delay in Lessee's construction schedule affect Lessor's obligation to repair or replace any such system before the end of calendar year 201O; (ii) Lessor to replace a second existing roof-top HVAC unit and make necessary additions to the then existing base control system to accommodate the same before the end of calendar year 2011; and (iii) Lessor to replace the third and final existing roof-top HVAC unit and make necessary additions to the then existing base control system to accommodate the same before the end of calendar year 2012. All of the new HVAC units shall be of tonnage commensurate with and appropriate to those being replaced. All new units shall meet government standards for refrigerant type and energy efficiency (410 a 13 SEER). The control system shall be direct digital, either BACnet or LON capable, with alarm points and alerts. Building manager functions shall be included. Lessor shall install units which shall {2095-0217/00122181;3} maintain the existing redundancy for the existing server room and Lessor shall plan and install the system for such existing redundancy to be maintained. Except to the extent caused by Lessee or any of Lessee's agents', contractors' or employees' acts and/or omissions or as a result ofof casualty, or to the extent Lessor shall perform such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, replacements at its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment sole cost and Section 9(a) of the Lease with respect to the 5 ton unit expense and the 15 ton unit, the terms of this Section 11 such costs shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall not be included in Tenant’s Annual Operating Expenses; provided, provided however, that Lessee shall reimburse Lessor for the cost and expense of the unit to be installed in no event calendar year 2012 as described in C(iii) above (the "2012 Unit") by payments of monthly Additional Rent in an amount that would fully amortize the cost and expense of the 2012 Unit over fifteen (15) years. Such Additional Rent obligation shall Landlord continue until such cost and expense is fully amortized or until the expiration of the Extended Term, as it may be obligated extended from time to maintaintime, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentswhichever comes first.

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises Commencement Date, on a 24/7 basis subject to interruptions in service once every five years for transformer maintenance which maintenance will be performed and completed on a weekend; the air conditioning and heating systems intended to service the Premises have been designed to maintain the inside temperatures set forth in Paragraph B of Exhibit “E” hereto; Landlord shall, at Landlord’s sole cost and expense, replace shall not be responsible for the 5 ton HVAC unit (the “5 ton unit”) located in the front office failure of the Additional Premises with a new similarly-sized and comparable unit. On air conditioning system to meet the Additional Premises Commencement Date aforesaid performance specifications if such failure results from the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In additionPremises in excess of that set forth in Paragraph B of Exhibit “E” or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds the number of xxxxx per square foot of floor area set forth in said Paragraph B; if the Premises is used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; if due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, and or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the heating, ventilating or air conditioning in the Premises results, necessitating changes in the system servicing the Premises, such other out-of-pocket costs incurred changes may be made by Landlord as a result upon request by Tenant at Tenant’s sole cost and expense, subject to the provisions of such breach. section (db) of this Article 16. Landlord shall provide preventative maintenance for covenants that unless Landlord so advises Tenant at the 5 ton unit and time of Landlord’s approval of the 15 ton unitTenant Construction Plans, the cost Tenant Work will not violate (or cause extra charges in connection with) or exceed the occupancy and design load criteria referenced above and set forth in Paragraphs B and C of which Exhibit “E”. The foregoing heating, ventilating and air conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated good faith may elect to repair abide by or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated required to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.abide by;

HVAC. The Building is equipped with a heating and air conditioning (a"HVAC") Notwithstanding Section 6 of this Amendment, prior to system serving the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit Building (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized "BB HVAC System"). Subject to limitations imposed by all governmental rules, regulations and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Dateguidelines applicable thereto, Landlord shall supply provide BB HVAC System service during the "HVAC System Hours" (defined below). Tenant shall have the right to specify the hours of availability of the BB HVAC System (the "HVAC System Hours"); provided, however, (i) any initial determination or changes to the HVAC System Hours shall require at least thirty (30) days prior notice to Landlord, and install 90 degree trunk duct separating supply shall not be effective until the first day of the subsequent calendar month occurring after the expiration of the thirty (30) day period, (ii) the HVAC System Hours shall consist of, at a minimum, the hours of 8:00 A.M. to 6:00 P.M. on Monday through Friday, and return(iii) the HVAC System Hours shall consist only of consecutive time periods, controls as determined on a daily basis. Tenant shall cooperate fully with Landlord at all times and any other necessary components abide by all regulations and requirements that Landlord may reasonably prescribe for the 15 ton HVAC unit located in the warehouse area proper functioning and protection of the BB HVAC System. If the HVAC System Hours consist of more than sixty (60) hours per week ("Excess Hours"), then Landlord shall supply such HVAC to Tenant at Landlord's actual cost (which shall be treated as Additional Premises (Rent, but not as an Operating Expense), including the “15 ton unit”) cost of increased depreciation on the BB HVAC System, but excluding the cost of electricity to cause the 15 ton unit to be in goodextent already paid for directly by Tenant, operating conditionbut including the electrical costs specified as follows. Landlord shall use commercially reasonable efforts to allow Tenant to review reasonably and equitably allocate the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms portion of the Lease with respect electrical costs of the BB HVAC System attributable to Tenant’s occupancy 's direct use of the Additional Premises. In additionBB HVAC System for the Excess Hours to Tenant, and Tenant shall pay to Landlord, promptly upon billing, Landlord’s for the costs of supplying such excess capacitydirect use along with the increased depreciation as set forth above, at such rates as Landlord shall reasonably establish thereforwithin thirty (30) days after demand, and such other out-of-pocket costs incurred by Landlord as a result Additional Rent under this Lease (and not as part of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for ) (the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such "Extra HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailCosts"). (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. Tenant shall (ai) maintain and repair (including replacement of component parts when necessary) all HVAC equipment located within or exclusively serving the Premises, and shall keep the same in good condition and repair through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment in accordance with the manufacturer’s recommendations, but in any event at least once every one hundred twenty (120) days during the Lease Term. Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Dateforegoing, Landlord shallmay elect at any time to assume responsibility for the maintenance, at repair and replacement of such HVAC equipment which serves the Premises and include such costs in Operating Expenses (provided that such costs are commercially reasonable and customary for such service contracts given the nature and type of the work being performed). Promptly following a request from Landlord’s sole cost , Tenant shall furnish Landlord with copies of all such service contracts, and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located shall provide Landlord with written notice within a reasonable period of time following any change in the front office of service contractor. Notwithstanding the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding foregoing or anything to the contrary contained set forth in this Lease, in the Lease, Tenant shall event that a base Building HVAC system (and not impose a heat load requirement greater than 20 tons of cooling capacity any supplemental HVAC system installed in the Additional Premises. Failure to comply with Premises by Tenant, the foregoing requirement maintenance, repair and replacement of which shall be considered a default pursuant the sole responsibility of Tenant) needs to the terms of the Lease with respect be replaced due to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, normal wear and such other out-of-pocket costs incurred by Landlord tear (and not as a result of such breach. (dA) Landlord shall provide preventative maintenance for damage to the 5 ton unit and the 15 ton unitBuilding caused by peril or condemnation, the cost of which shall be included in covered by Articles 11 and 12, respectively, of this Lease, (B) Tenant’s Annual Operating Expenses, as well as repairs failure to maintain and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that repair such Building HVAC system in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease accordance with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. 6.1, or (eC) any negligence or willful misconduct on the part of Tenant or Tenant’s Agents, subject to Section 9.3 regarding waiver of subrogation), Landlord shall provide preventative maintenance for perform such work and Tenant shall pay Landlord the 5 ton unit and the 15 ton unitamortized costs thereof in accordance with Section 6.4, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsbelow.

HVAC. Premises will be conditioned to office load standards by a rooftop Trane (aor equivalent) Notwithstanding Section 6 of this Amendmentzoned systems thru rated vertical chases (to lower floors only). All rooftop units to include minimum fresh air settings for anticipated office load occupancy levels. HVAC controls to be located in tenant space with single zone distribution. Additional cooling or ventilation requirements will be funded from the Tenant Improvement Allowance. HVAC distribution within the tenant space and additional control zones shall be funded from the Tenant Improvement Allowance. ELECTRICAL CAPACITY Building load is calculated on approximately 2 xxxxx per square foot for the base building and approximately 2 xxxxx per square foot for usable tenant space per typical office demand. Electrical service and meter shall be provided to a subpanel within the tenant space. The subpanel, prior circuit distribution (conductors and raceways), and fixtures shall be funded from the Tenant Improvement Allowance. Voice and Data Conduits will be provided within interior walls and will be funded from the Tenant Improvement Allowance. The Tenant shall contract directly with a voice/data contractor who will provide and pull cables to the Additional Premises Commencement Date, Landlord shall, at LandlordBuilding Telecommunications Room. The Tenant’s sole cost voice/data contractor will provide and expense, replace terminate devices and related equipment. The voice/data contractor and any security work shall not be funded from the 5 ton HVAC unit (the “5 ton unit”) located in the front office Tenant Improvement Allowance. FIRE Wet pipe sprinkler system based on ordinary hazard NFPA 13 design with upright heads. Adjustment of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit sprinkler heads specific to Tenant Improvements shall be in good, operating condition. (b) Prior to funded from the Additional Premises Commencement Date, Landlord shall supply Tenant Improvement Allowance. A building standard fire alarm and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit security system shall be in good, operating condition. (c) Notwithstanding anything to installed and funded from the contrary contained in Tenant Improvement Allowance. [END OF EXHIBIT C] EXHIBIT D WORK LETTER This Exhibit D sets forth the Lease, rights and obligations of Landlord and Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit construction of the improvements to the Premises as described on the Plans ("Tenant Improvements"). This Exhibit contemplates that the following work will be performed, as further described herein, all subject to the prior review and approval by Landlord: (i) preparation of a space plan by the 15 ton unitArchitect; (ii) final design and engineering and preparation of plans, specifications, and working drawings by the Architect (collectively, the terms "Plans"); (iii) preparation by the general contractor of this Section 11 shall prevail. Landlord (ethe "General Contractor") Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, of an estimate of the cost of which shall be included in Tenant’s Annual Operating Expensesthe Tenant Improvements; (iv) submission to, provided that in no event shall and approval of Plans by, appropriate governmental authorities; and (v) construction and installation of the Tenant Improvements by the Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or pursuant to the extent such damage Plans on or destruction is caused by prior to the misconduct or negligent acts or omissions of TenantCommencement Date, its employees, contractors or agentssubject to Force Majeure and any Tenant Delay.

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises Commencement DatePremises, Landlord shalltwenty-four (24) hours per day, three hundred sixty-five (365) days per year; year-round heating, ventilating, and air conditioning providing reasonably comfortable conditions (no warmer than 74ºF (within reasonable tolerances) in summer months, at Landlordno higher than 50% humidity, and at no less than 72°F (within reasonable tolerances) in winter months), provided that in any given room or area of Tenant’s sole cost demised premises, the occupancy does not exceed one person for each 150 square feet, and expensetotal electric load does not exceed 5 xxxxx per sq. ft. for all purposes, replace including lighting and power; Landlord shall not be responsible for the 5 ton HVAC unit (the “5 ton unit”) located in the front office failure of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior air conditioning system to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with meet the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s design performance specifications if such failure results from excess occupancy of the Additional PremisesPremises or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds 5 xxxxx per sq. In additionft.; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; if due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, and or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the heating, ventilating or air conditioning in the Premises results, necessitating changes in the system servicing the Premises, such other out-of-pocket costs incurred changes may be made by Landlord as a result upon request by Tenant at Tenant’s sole cost and expense, subject to the provisions of such breach. section (db) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord shall provide preventative maintenance and to abide by all of the regulations and requirements which Landlord may prescribe for the 5 ton unit proper functioning and protection of the 15 ton unitsaid heating, ventilating and air conditioning system; the cost of which foregoing heating, ventilating and air conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in good faith may elect to abide by or shall be required to abide by. Notwithstanding the foregoing or anything to the contrary contained herein, Tenant shall be solely responsible at its sole cost and expense, for the maintenance and repair of any supplemental heat, ventilation and air conditioning unit in the Premises whether installed by Tenant or in the Premises on the Commencement Date. Supplemental HVAC will be limited to any HVAC equipment for Tenant’s Annual Operating Expensesdata center, as well as repairs currently located on the third floor of the Building and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) first-floor room of the Lease with respect to Building in which the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.UPS batteries are housed;

HVAC. Premises will be conditioned to office load standards by a rooftop Trane (aor equivalent) Notwithstanding Section 6 of this Amendmentzoned systems thru rated vertical chases (to lower floors only). All rooftop units to include minimum fresh air settings for anticipated office load occupancy levels. HVAC controls to be located in tenant space with single zone distribution. Additional cooling or ventilation requirements will be funded from the Tenant Improvement Allowance. HVAC distribution within the tenant space and additional control zones shall be funded from the Tenant Improvement Allowance. ELECTRICAL CAPACITY Building load is calculated on approximately 2 wxxxx per square foot for the base building and approximately 2 wxxxx per square foot for usable tenant space per typical office demand. Electrical service and meter shall be provided to a subpanel within the tenant space. The subpanel, prior circuit distribution (conductors and raceways), and fixtures shall be funded from the Tenant Improvement Allowance. Voice and Data Conduits will be provided within interior walls and will be funded from the Tenant Improvement Allowance. The Tenant shall contract directly with a voice/data contractor who will provide and pull cables to the Additional Premises Commencement Date, Landlord shall, at LandlordBuilding Telecommunications Room. The Tenant’s sole cost voice/data contractor will provide and expense, replace terminate devices and related equipment. The voice/data contractor and any security work shall not be funded from the 5 ton HVAC unit (the “5 ton unit”) located in the front office Tenant Improvement Allowance. FIRE Wet pipe sprinkler system based on ordinary hazard NFPA 13 design with upright heads. Adjustment of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit sprinkler heads specific to Tenant Improvements shall be in good, operating condition. (b) Prior to funded from the Additional Premises Commencement Date, Landlord shall supply Tenant Improvement Allowance. A building standard fire alarm and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit security system shall be in good, operating condition. (c) Notwithstanding anything to installed and funded from the contrary contained in Tenant Improvement Allowance. [END OF EXHIBIT C] EXHIBIT D WORK LETTER This Exhibit D sets forth the Lease, rights and obligations of Landlord and Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit construction of the improvements to the Premises as described on the Plans ("Tenant Improvements"). This Exhibit contemplates that the following work will be performed, as further described herein, all subject to the prior review and approval by Landlord: (i) preparation of a space plan by the 15 ton unitArchitect; (ii) final design and engineering and preparation of plans, specifications, and working drawings by the Architect (collectively, the terms "Plans"); (iii) preparation by the general contractor of this Section 11 shall prevail. Landlord (ethe "General Contractor") Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, of an estimate of the cost of which shall be included in Tenant’s Annual Operating Expensesthe Tenant Improvements; (iv) submission to, provided that in no event shall and approval of Plans by, appropriate governmental authorities; and (v) construction and installation of the Tenant Improvements by the Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or pursuant to the extent such damage Plans on or destruction is caused by prior to the misconduct or negligent acts or omissions of TenantCommencement Date, its employees, contractors or agentssubject to Force Majeure and any Tenant Delay.