Common use of Lease of Additional Premises Clause in Contracts

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second floor of the Building containing approximately four thousand two hundred thirty-four (4,234) rentable square feet of space, known as Suite 200 (the “Additional Premises”) to be incorporated into the Premises, all as shown on Exhibit “A-1” and made a part hereof. The term of the Lease for the Additional Premises shall commence on the Additional Premises Commencement Date (as hereafter defined). In addition, effective as of the Additional Premises Commencement Date, the Lease is hereby amended by changing the Premises to exclude the Surrender Premises. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Amendment, and to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date the word “Premises”, as defined in the Lease, shall mean and include both the Existing Second Floor Premises and the Additional Premises (but excluding the Surrender Premises), containing a total of nine thousand two hundred five (9,205) rentable square feet, unless the context otherwise requires, and except as specifically provided herein. (b) The term of the Lease for the Additional Premises shall commence upon the date (“Additional Premises Commencement Date”) which is the later of (i) November 1, 2009; or (ii) the date of substantial completion of the Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. (c) Landlord, at its sole cost and expense, shall construct and perform certain work to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specified. Tenant shall be solely responsible for all reasonably documented and invoiced costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect thereto.

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second floor of the Building containing approximately four thousand two hundred thirty-four 3,436 RSF of space (4,234Suite 215) rentable square feet of space, known as Suite 200 (the “Additional Premises”) to be incorporated into the Premises), all as shown on Exhibit “A-1” A”, attached hereto and made a part hereof. . (b) The term of the Lease for the Additional Premises shall commence on the date which is the earlier of (i) when Tenant, with Landlord's prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon substantial completion of the improvements required to be made by Landlord to the Additional Premises under Article 2(c) below (“Additional Premises Commencement Date”). Substantial completion means that the initial improvements called for by this Second Amendment have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “substantial completion”). It is estimated that the Additional Premises Commencement Date (as hereafter defined). In additionwill be November 1, effective as of the Additional Premises Commencement Date, the Lease is hereby amended by changing the Premises to exclude the Surrender Premises2008. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Second Amendment, and to that end end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date Date, the word “Premises”, as defined in the Lease, shall mean and include both the Existing Second Floor Original Premises and the Additional Premises (but excluding the Surrender Premises), containing a total of nine thousand two hundred five (9,205) rentable square feet11,154 RSF, unless the context otherwise requires, and except as specifically provided herein. (bc) The term of the Lease for the Additional Premises shall commence upon the date (“Additional Premises Commencement Date”) which is the later of (i) November 1, 2009; or (ii) the date of substantial completion of the Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when delivered to Tenant on an “As Is” basis except as indicated on the Landlord’s mutually agreed upon Plan/Construction Scope of Work has been completed to the extent that the Additional Premises may entitled “SP-3”, dated July 18, 2008 and drawn by Xxxxxxx Xxxxxxxxx Associates, which shall be occupied turn-keyed by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. using building standard finishes (c) Landlord, at its sole cost and expense, shall construct and perform certain work to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specified. Tenant shall be solely responsible for all reasonably documented which is attached hereto, made a part hereof and invoiced costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto marked as Exhibit “B-1B”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect thereto.

Lease of Additional Premises. (a) The Lease is hereby amended Subject to provide that the terms of the Lease, Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second floor of the Building containing approximately four thousand two hundred thirty-four (4,234) rentable square feet of space, known as Suite 200 (the “Additional Premises”) to be incorporated into the Premises, all as shown on Exhibit “A-1” and made a part hereof. The term of the Lease for the Additional Premises shall commence on the Additional Premises Commencement Date (as hereafter defined). In addition, effective as of the Additional Premises Commencement Date, the Lease is hereby amended by changing the Premises to exclude the Surrender Premises. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Amendment, and to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date the word “Premises”, as defined in the Lease, shall mean and include both the Existing Second Floor Premises and the Additional Premises (but excluding the Surrender Premisesas defined below), containing a total of nine thousand two hundred five (9,205) rentable square feet, unless the context otherwise requires, and except as specifically provided herein. (b) The term of Term with respect to the Lease for the Additional First Floor Premises (hereinafter defined) shall commence upon on the date (the “Additional Premises Commencement DateFirst Floor APCD”) which is that Landlord delivers the later First Floor Premises to Tenant in broom-clean condition and free of (i) November 1all tenancies, 2009; or (ii) and continue through the date of substantial completion Expiration Date, as herein extended. Prior to the First Floor APCD, Landlord shall have relocated the fitness center as set forth in Section 11 hereof. Effective as of the Landlord’s Work (First Floor APCD, the term “Premises” is hereby revised to include the First Floor Premises for all purposes set forth in the Lease, except as hereinafter defined). The Additional Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009expressly provided in this Amendment. (c) Landlord, at its sole cost and expense, shall construct and perform certain work to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specified. Tenant shall be solely responsible for all reasonably documented and invoiced costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises Suite 350 shall commence on the date (the “Suite 350 APCD”) that Landlord delivers Suite 350 to Tenant in broom-clean condition and Landlord shall be entitled free of all tenancies, and continue through the Expiration Date, as herein extended. Effective as of the Suite 350 APCD, the term “Premises” is hereby revised to exercise include Suite 350 for all rights and remedies purposes set forth in the Lease, except as expressly provided under the Lease or at law and in equity with respect theretothis Amendment.

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second fifth (5th) floor of the Building containing approximately four thousand two thousand, five hundred thirtyseventy-four nine (4,2342,579) rentable square feet of space, known as Suite 200 space (the “Additional Premises”) to be incorporated into the Premises), all as shown on Exhibit “A-1” and made a part hereof. The term of the Lease for the Additional Premises shall commence on the Additional Premises Commencement Date (as hereafter defined). In addition, effective on and as of January 1, 2004 (the “Additional Premises Commencement Date, the Lease is hereby amended by changing the Premises to exclude the Surrender Premises”). It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Amendment, and to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date the word “Premises”, as defined in the Lease, shall mean and include both the Existing Second Floor Premises and the Additional Premises (but excluding the Surrender Premises), containing a total of nine thousand two seven thousand, five hundred five fifty (9,2057,550) rentable square feet, unless the context otherwise requires, and except as specifically provided herein. (b) The term of the Lease for the Additional Premises shall commence upon the date (“Additional Premises Commencement Date”) which is the later of (i) November 1Landlord shall, 2009; or (ii) the date of substantial completion of the at Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. (c) Landlord, at its sole cost and expense, shall construct and perform certain work on or prior to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specified. Tenant shall be solely responsible for all reasonably documented and invoiced costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date, replace the suite entrance door to the Additional Premises with a Herculite glass door, using building standard materials. Otherwise, Landlord shall have no obligation to perform any improvements to the Additional Premises, and Tenant accepts same in their “as is” condition. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (fc) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed increased to be seven and fifty-six one-hundredths (7.566.2%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect thereto.

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second third floor of the Building containing approximately four thousand two hundred thirty-four (4,234) rentable square feet of space, known as Suite 200 320 (“Suite 320 Premises”) and Suite 350 (the “Suite 350 Additional Premises”) (collectively referred to be incorporated into the as “Second Additional Premises”), all as shown on Exhibit “A-1A” and made a part hereof. The term of the Lease for the Second Additional Premises shall commence on the later of (i) the date Landlord delivers the Second Additional Premises Commencement Date to Tenant in the condition required under Section 2(b) below, or (as hereafter defined). In additionii) April 1, effective as of the 2013 (“Second Additional Premises Commencement Date, ”) and shall be coterminous with the Lease is hereby amended by changing the Premises to exclude the Surrender Premises. It is the mutual intention of Landlord and Tenant that the Second Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Amendment, and to that end end, Landlord and Tenant hereby agree that from and after the Second Additional Premises Commencement Date Date, the word “Premises”, as defined in the Lease, shall mean and include both the Existing Second Floor Premises Xxxxx 000, Xxxxx 000, Xxxxx 000, Xxxxx 000, Xxxxx 000 and the Additional Premises (but excluding the Surrender Premises), Suite 501 containing a total of nine thousand two hundred five (9,205) rentable square feet61,350 rsf, unless the context otherwise requires, and except as specifically provided herein. (b) The term of the Lease for the Second Additional Premises shall commence upon be taken in “AS IS” condition by Tenant, provided that Landlord delivers the date Second Additional Premises to Tenant on or before the Second Additional Premises Commencement Date in broom clean condition, free of all prior tenants and such tenants’ furniture, fixtures, equipment and other personal property with the exception of the furniture and equipment in the Suite 320 Premises that is owned or currently used by Tenant and the furniture and equipment that will remain in Suite 350 (except that Landlord shall cause the equipment set forth In Exhibit “C” attached hereto to be removed from the Suite 350 Additional Premises prior to the Second Additional Premises Commencement Date”) which is and with all HVAC, plumbing, electrical, mechanical and other Building systems, including the later of generator located outside, serving the Second Additional Premises in good working order. During the Term, Tenant shall have the right to use the furniture and equipment in Suite 350, and shall keep the furniture and equipment in Suite 350 in good working order, normal wear and tear excepted and return to Landlord if Tenant vacates and surrender the space within five (i5) November 1, 2009; or (ii) years from the date hereof, otherwise, such equipment and furniture shall be the property of substantial completion Tenant, without any further actions by the parties and Tenant shall be responsible for the removal of same in accordance with the terms of the Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009Lease. (c) LandlordIn the event this Fourth Amendment is fully executed no later than March 22, at its sole cost 2013 and expense, shall construct and perform certain work to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specified. Tenant shall be solely responsible for all reasonably documented and invoiced costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date. (e) The Second Additional Premises Commencement Date has not occurred by April 1, 2013 (unless due to a Tenant Delay), Tenant shall be confirmed by have the right to terminate this Fourth Amendment upon five (5) days’ prior written notice to Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object given prior to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Second Additional Premises Commencement Date, Tenant’s Allocated Share in which event the parties hereto shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, released from all further liability under this Fourth Amendment and the Lease shall continue in full force and effect; provided, however, in the event the Second Additional Premises Commencement Date occurs within such five (5) day period, Tenant’s termination shall be null and void and this Fourth Amendment shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect theretoeffect.

Lease of Additional Premises. (a) a. The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second first floor of the Building containing approximately four thousand two hundred thirty-four (4,234) rentable square feet 2,941 RSF of space, known as Suite 200 space (the “Additional Premises”) to be incorporated into the Premises), all as shown on Exhibit “A-1A” and made a part hereof. hereof The term of the Lease for the Additional Premises shall commence on upon substantial completion of the Additional Premises Commencement Date Landlord’s Work (as hereafter defined). In addition, effective as of the defined in subparagraph (b) hereof) (“Additional Premises Commencement Date”). The Additional Premises shall be deemed “substantially completed” when the Landlord’s Work has been completed to the extent that the Additional Premises maybe occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor punchlist items and construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the Lease is hereby amended by changing occupancy of the Premises to exclude the Surrender Premises(hereafter, “substantially completed”). It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Amendment, and to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date the word “‘Premises”, as defined in the Lease, shall mean and include both the Existing Second Floor Original Premises and the Additional Premises (but excluding the Surrender Premises), containing a total of nine thousand two hundred five (9,205) rentable square feet39,313 RSF, unless the context otherwise requires. On or before sixty (60) days following the Additional Premises Commencement Date, and except as specifically provided herein. (b) The term of Landlord’s architect shall utilize the Lease 1996 BOMA standard to determine Tenant’s rentable square footage for the Additional Premises, thereafter Tenant’s Fixed Rent for the Additional Premises shall commence upon the date (“Additional Premises Commencement Date”) which is the later of (i) November 1, 2009; or (ii) the date of substantial completion and Tenant’s Allocated Share of the Landlord’s Work (as hereinafter defined). The Additional Premises Building shall be deemed substantially completed when adjusted to accurately reflect their respective values based on the Landlord’s Work has been completed to the extent that rentable square footage so determined. b. Landlord shall construct and do such other work in the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. (c) Landlord, at its sole cost and expense, shall construct and perform certain work to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”)) in substantial conformity with the plans and outline specifications of the plan, utilizing building standard materials SK/4-0l prepared by Space Designs, Inc. dated January 19, 2006, which have been initialed by the parties, and finishes unless otherwise specifiedwhich arc herein incorporated by reference. Tenant shall be solely responsible for all reasonably documented deliver final plans and invoiced costs and expenses finish specifications on or before the date that is the earlier of (including without limitation Landlord’s construction management fees not to exceed i) five (5%) percentdays after the date of this Amendment, or (ii) suffered or incurred March 15, 2006. Landlord shall have five (5) business days in connection with which to review such final plans and finish specifications and to notify Tenant of Landlord’s Work to approval or disapproval, which, in either event, shall not be unreasonably withheld, conditioned or delayed. Landlord shall only be responsible for payment of a maximum cost of $106,905.35 (i.e., $36.35 per rentable square foot for the extent caused by any delay caused by Landlord’s Work) (the “Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by LandlordAllowance”), all of which such costs in excess thereof to be borne by Tenant, and shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. there for. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed (dprovided that such revisions or supplements do not materially Increase Tenant’s costs hereunder). If Landlord shall be delayed in such “substantial completion” as a result of (i) Upon substantial Tenant’s failure to furnish plans and specifications within the time frame stated herein above; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard, (iii) Tenant’s changes in said plans; (iv) the performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, change orders, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request for the same (each, a “Tenant’s Delay”); then the Additional Premises Commencement Date and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such delay. If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant and such change, revision or supplement results in an increase in cost to Landlord, then Landlord will notify Tenant in writing of such increased cost before preceding with such change, revision or supplement. If after such notification from Landlord, Tenant notifies Landlord to proceed with such change, revision or supplement, then such increased costs associated with such change, revision or supplement shall be paid by Tenant within five (5) days of notice form Tenant to proceed, and such occurrence shall not change the Additional Premises Commencement Date and shall not alter Tenant’s obligations under this Lease as amended hereby. Notwithstanding anything to the contrary stated in Section 2(a) above, the Additional Premises Commencement Date shall occur on the date the Additional Premises would have been delivered to Tenant but for Tenant’s Delay or Tenant’s change order. Landlord’s Work will not constitute an Alteration under Article 10 of the Original Lease. Notwithstanding anything to the contrary contained herein, lithe entire Tenant Allowance is not spent by Tenant on Landlord’s Work, the balance may be spent by Tenant for furniture, fixtures, or equipment. c. Upon notification by Landlord, Landlord and Tenant shall schedule an a pre-occupancy inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be preparedcompleted. For the purpose of the Lease, punchlist items are those minor adjustments, repairs, replacements and the failure to complete associated with Landlord’s Work of which, taken as a whole shall not interfere with or disrupt Tenant’s Permitted Uses of the Premises. Landlord shall use reasonable efforts to complete the punchlist items on the punchlist to Tenant’s reasonable satisfaction within thirty days, (30) days thereafter or if the nature expiration of the items requires additional time, within such additional time period as is reasonably necessarynecessary to cure such obligation, provided Landlord immediately commences and thereafter proceeds with all due diligence and in good faith to cure such obligation. In additionDuring completion of the punchlist items, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following will take commercially reasonable measures to not unreasonably interfere with Tenant’s business operations in the Additional Premises Commencement DatePremises. (e) d. The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1B”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term Tern within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until e. Landlord anticipates that the Additional Premises Commencement Date occurswill occur on or before the date which is one hundred forty (140) days after the date of this Amendment (the “Outside Delivery Date”). Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on If the Additional Premises Commencement Date in has not occurred by the condition required for surrender and redelivery at Outside Delivery Date, subject to the expiration of the term of the Lease. In the event provisions herein relating to a Tenant’s Delay or Force Majeure, then Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under a rent credit equal to one day’s Fixed Rent for each day that the Lease or at law and in equity with respect theretoAdditional Premises Commencement Date is delayed beyond the Outside Delivery Date.

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second floor of the Building containing approximately four thousand two hundred thirty-four (4,234) remaining 26,402 rentable square feet of spacespace at the Building, known as Suite 200 (the “Additional Premises”) to be incorporated into the Premises, all as shown on Exhibit “A-1” "A" and made a part hereof. The term of hereof (the Lease for the "Additional Premises shall commence on the Additional Premises Commencement Date (as hereafter definedPremises"). In addition, effective as of the Additional Premises Commencement Date, the Lease is hereby amended by changing the Premises to exclude the Surrender Premises. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease Lease, except as otherwise expressly provided to the contrary in this Amendment, and to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date (as hereinafter defined) the word “"Premises”", as defined in the Lease, shall mean and include both the Existing Second Floor Original Premises and the Additional Premises (but excluding the Surrender Premises), containing a total of nine thousand two hundred five (9,205) 50,841 rentable square feet, unless the context otherwise requires, and except as specifically provided herein. (b) The term Tenant hereby acknowledges that it has inspected the Additional Premises, agrees to take the Additional Premises in its "as is" condition and further agrees that Landlord shall not be required to perform any work, make any installations or incur any expense in connection with Tenant's occupancy of the Lease Additional Premises, except as specifically set forth herein. Notwithstanding the foregoing, Landlord shall perform the following work with respect to Tenant's leasing of the Additional Premises (collectively, "Landlord's Additional Premises Work"): (a) one (1) loading dock shall be added at the rear of the Building next to the existing loading dock, pursuant to the plans and specifications for such loading dock to be agreed upon by both Landlord and Tenant (b) the separation of the Building electric system shall be completed and a direct meter for the Additional Premises shall commence upon be installed; (c) all existing Building mechanical, electrical and plumbing systems shall be in proper working order. It is understood and agreed that a portion of Landlord's Additional Premises Work shall be performed subsequent to the date (“Additional Premises Commencement Date”) which . Tenant further acknowledges that Landlord's Additional Premises Work shall be performed while Tenant is occupying the later of (i) November 1, 2009; Original Premises. Tenant hereby acknowledges and agrees that Landlord shall not be liable for any inconvenience to Tenant or (ii) the date of substantial completion for interference with Tenant's business or use of the Landlord’s Work (as hereinafter defined). The Additional Original Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that and the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion during the performance of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. (c) Landlord, at its sole cost and expense, shall construct and perform certain work to the 's Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specified. Tenant shall be solely responsible for all reasonably documented and invoiced costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete minimize interference with the items on operation of Tenant's business in the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following Original Premises and the Additional Premises Commencement Datewhile performing Landlord's Additional Premises Work. Landlord's Additional Premises Work shall otherwise be performed in accordance with the provisions of Article 4(b) of the Lease. (ec) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term substantially in the form attached hereto to this Amendment as Exhibit “B-1”"B". If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s 's determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect thereto.

Lease of Additional Premises. (aA) The Lease is hereby amended to provide that Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second floor of the Building containing approximately four thousand two hundred thirty-four (4,234) rentable square feet of space, known as Suite 200 (the “Additional Premises”) to be incorporated into the Premises, all as shown on Exhibit “A-1” and made a part hereof. The term of the Lease for the Additional Premises for a term commencing on the Effective Date and ending on the Third Extended Expiration Date. (B) From and after the Effective Date, Tenant shall commence on lease the Additional Premises Commencement Date upon all of the terms and conditions of the Lease, as modified by this Amendment. (as hereafter defined). In addition, effective as C) Tenant has inspected the Additional Premises and agrees (i) to accept possession of the Additional Premises Commencement in the “as is” condition existing on the Effective Date, (ii) that neither Landlord nor Landlord’s agents have made any representations or warranties with respect to the Lease is hereby amended by changing Additional Premises or the Building, and (iii) Landlord has no obligation to perform any work, supply any materials, incur any expense or make any alterations or improvements to the Additional Premises to exclude prepare the Surrender PremisesAdditional Premises for Tenant’s occupancy. It is the mutual intention Tenant’s occupancy of Landlord and Tenant that any part of the Additional Premises shall be leased to and occupied by conclusive evidence, as against Tenant, that (1) Tenant on and subject to all has accepted possession of the termsAdditional Premises in their then current condition, covenants and conditions (2) the Additional Premises and the Building are in a good and satisfactory condition as required by this Amendment. (D) Article 42 and Article 46 of the Lease except as otherwise expressly provided Original Lease, Paragraph 5 of the First Amendment and Paragraph 7 of the Second Amendment shall be deemed not applicable to the contrary leasing of the Additional Premises. (E) Except as provided in this Amendment, and all references in the Lease to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date the word “Demised Premises”, as defined in the Lease“demised premises”, shall mean “premises”, “Premises” and include both the Existing Second Floor Premises and the Additional Premises (but excluding the Surrender Premises), containing a total terms of nine thousand two hundred five (9,205) rentable square feet, unless the context otherwise requires, and except as specifically provided herein. (b) The term of the Lease for the Additional Premises shall commence upon the date (“Additional Premises Commencement Date”) which is the later of (i) November 1, 2009; or (ii) the date of substantial completion of the Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. (c) Landlord, at its sole cost and expense, shall construct and perform certain work to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specified. Tenant shall be solely responsible for all reasonably documented and invoiced costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share similar import shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until include the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term all purposes of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect thereto.

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second first floor of the Building containing approximately four thousand two hundred thirty-four (4,234) rentable 2,725 square feet of space, known as Suite 200 space (the “Additional Premises”) to be incorporated into the Premises), all as shown on Exhibit “A-1A” and made a part hereof. The term of the Lease for the Additional Premises shall commence on upon the Additional Premises Commencement Date substantial completion of the Landlord’s Work (as hereafter defined). In addition, effective as of the defined in subparagraph (b) hereof) (“Additional Premises Commencement Date”). The Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the Lease is hereby amended by changing occupancy of the Premises to exclude the Surrender Premises. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Amendment, and to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date the word “Premises”, as defined in the Lease, shall mean and include both the Existing Second Floor Premises and the Additional Premises (but excluding the Surrender Premises), containing a total of nine thousand two hundred five (9,205) rentable 7,142 square feet, unless the context otherwise requires, and except as specifically provided herein.. Notwithstanding anything herein to the contrary, (b) The term of the Lease for the Additional Premises shall commence upon the date (“Additional Premises Commencement Date”) which is the later of (i) November 1, 2009; or (ii) the date of substantial completion of the Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. (c) Landlord, at its sole cost and expense, expense shall construct and perform certain do such other work to the Additional Premises outlined on in substantial conformity with the plans and outline specifications of the plan prepared by Space Planners, Inc. dated November 6, 2000, which have been initialed by the parties, and which are attached hereto as Exhibit “A-1B” (collectively, the “Landlord’s Work”). Tenant shall approve final plans by November 15, utilizing building standard materials 2000 and shall deliver finish specifications by December 1, 2000. (c) If Landlord shall be delayed in such “substantial completion” as a result of (i) Tenant’s failure to furnish plans and specifications within the time frame stated by Landlord; (ii) Tenant’s request for materials, finishes unless otherwise specifiedor installations other than Landlord’s standard; (iii) Tenant’s changes in said plans; (iv) the performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within the time frame stated by Landlord (each, a “Tenant’s Delay”); then the Additional Premises Commencement Date and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such delay . If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant or if Tenant fails to provide information or cooperation required by Landlord in connection with Landlord’s Work within the time periods required then such occurrence shall not change the Commencement Date of the Term and shall not alter Tenant’s obligations under this Lease. Notwithstanding anything to the contrary stated in Section 2(b) above, the Term shall commence on the date the Premises would have been delivered to Tenant but for Tenant’s Delay. Tenant shall be solely responsible for all reasonably documented and invoiced expenses which increase the costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by a Tenant or otherwise due to any requested change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation thereforthe finishes set forth therein). (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises Tenant Improvements at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1C”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect thereto.

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second floor of the Building containing approximately four thousand two hundred thirty-four 3,305 RSF of space (4,234Suite 225) rentable square feet of space, known as Suite 200 (the “Additional Premises”) to be incorporated into the Premises), all as shown on Exhibit “A-1” A”, attached hereto and made a part hereof. . (b) The term of the Lease for the Additional Premises shall commence on the date which is the earlier of (i) when Tenant, with Landlord's prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon substantial completion of the improvements required to be made by Landlord to the Additional Premises under Article 2(c) below (“Additional Premises Commencement Date”). Substantial completion means that the initial improvements called for by this Third Amendment have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “substantial completion”). It is estimated that the Additional Premises Commencement Date (as hereafter defined). In additionwill be December 1, effective as of the Additional Premises Commencement Date, the Lease is hereby amended by changing the Premises to exclude the Surrender Premises2008. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Third Amendment, and to that end end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date Date, the word “Premises”, as defined in the Lease, shall mean and include both the Existing Second Floor Original Premises and the Additional Premises (but excluding the Surrender Premises), containing a total of nine thousand two hundred five (9,205) rentable square feet14,459 RSF, unless the context otherwise requires, and except as specifically provided herein. (bc) The term of the Lease for the Additional Premises shall commence upon the date (“Additional Premises Commencement Date”) which is the later of (i) November 1, 2009; or (ii) the date of substantial completion of the Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when delivered to Tenant on an “As Is” basis except as indicated on the Landlord’s mutually agreed upon Plan/Construction Scope of Work has been completed to the extent that the Additional Premises may entitled “SP-2”, dated August 20, 2008 and drawn by Xxxxxxx Xxxxxxxxx Associates, which shall be occupied turn-keyed by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. using building standard finishes (c) Landlord, at its sole cost and expense, shall construct and perform certain work to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specified. Tenant shall be solely responsible for all reasonably documented which is attached hereto, made a part hereof and invoiced costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation thereformarked as Exhibit “B”. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an a pre-occupancy inspection of the Additional Premises Premises, at which time a punchlist of outstanding items, if any, shall be preparedcompleted. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty (30) days, or if the nature of the items requires additional time, within such additional time as is reasonably reasonable necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1”"C". If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect thereto.

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second floor portions of the Building containing approximately four thousand two hundred thirty-four (4,234) rentable square feet submezzanine level of spacethe Building, known designated as Suite 200 Space ‘O’, Space ‘Q’, Space ‘R’, Space ‘U’, Space ‘W’, Space ‘X’, Space ‘Z’, Space ‘EE’ and Space ‘K’, all being more particularly shown on Exhibit A attached hereto (the “Additional Premises”), for a term commencing on the date (the “Effective Date”) that is the later to be incorporated into occur of (x) the Premisesdate of mutual execution and delivery of this Amendment, and (y) the date Landlord delivers possession of all as shown of the Additional Premises to Tenant and ending on Exhibit “A-1” and made a part hereof. The the Initial Expiration Date, or such earlier date upon which the term of the Lease for the Additional Premises shall commence on the Additional Premises Commencement Date (as hereafter defined). In addition, effective as may expire or be terminated pursuant to any of the Additional Premises Commencement Date, conditions of limitation or other provisions of the Lease is hereby amended by changing the Premises or pursuant to exclude the Surrender Premises. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to law, upon all of the terms, covenants terms and conditions of the Lease except Original Lease, as otherwise expressly provided modified by this Amendment. Notwithstanding anything to the contrary in this Amendmentcontained herein, and provided that Tenant obtains the prior consent of Landlord, Tenant shall be permitted to that end Landlord and Tenant hereby agree that from and after have reasonable access to the Additional Premises Commencement prior to the Effective Date in order to inspect the word same (the “PremisesEarly Access Period”, as defined in ). All of the Lease, terms and provisions of the Lease shall mean and include both the Existing Second Floor Premises and apply to the Additional Premises (but excluding during the Surrender Early Access Period, except for the obligation to pay Fixed Rent and Additional Rent in respect of the Additional Premises), containing a total of nine thousand two hundred five (9,205) rentable square feet, unless the context otherwise requires, and except as specifically provided herein. (b) The term Landlord shall deliver possession of the Lease for the Additional Premises to Tenant on the Effective Date. Landlord shall commence upon not be liable for failure to deliver possession of the Additional Premises or any portion thereof to Tenant on any specified date, and such failure shall not impair the validity of this Amendment. The provisions of this Article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement, provided that if Landlord fails to deliver vacant possession of all of the Additional Premises in accordance with the terms of this Amendment prior to May 1, 2003 (the “Outside Delivery Date”), Tenant shall have the right within 10 days after the Outside Delivery Date, as its sole and exclusive remedy therefor, to cancel this Amendment by giving notice of cancellation to Landlord. If Tenant timely delivers the aforesaid cancellation notice, this Amendment shall terminate 15 days after the date (“of such notice, unless Landlord delivers vacant possession of the Additional Premises Commencement within such 15-day period, in which case Tenant’s cancellation notice shall be void and this Amendment shall continue in full force and effect. Failure by Tenant to exercise such right to cancel this Amendment within the aforesaid 10-day period shall constitute a waiver of such right; time being of the essence with respect thereto. Notwithstanding anything to the contrary contained herein, Landlord shall exercise reasonable diligence (at no cost to Landlord), including exercising its right of termination pursuant to any leases or license agreements affecting the Additional Premises promptly after the date hereof, to cause the existing tenants and/or occupants of the Additional Premises to vacate the same in a timely manner. Landlord shall give Tenant at least ten (10) days’ advance written notice of the Effective Date”. (c) which is Effective as of the later Effective Date, Tenant shall lease the Additional Premises upon all of the terms and conditions of the Original Lease, except as follows: (i) November 1, 2009; or (ii) the date of substantial completion of the Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when to consist of 8,216 rentable square feet for all purposes of the Landlord’s Work has been completed to the extent that Lease. (ii) Tenant shall pay Fixed Rent for the Additional Premises may be occupied by Tenant at a rate equal to ***** per square foot per annum for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, the period beginning on the Effective Date and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting ending on the occupancy last day of the Additional Premisesmonth which is 12 months after the Effective Date. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1Thereafter, 2009. (c) Landlord, at its sole cost and expense, shall construct and perform certain work with respect to the Additional Premises outlined on Exhibit “A-1” (collectivelyonly, Fixed Rent for each subsequent year shall increase by ***** of the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specifiedFixed Rent in effect during the immediately preceding year. Tenant shall be solely responsible for all reasonably documented and invoiced costs and expenses (including without limitation Landlord’s construction management fees not permitted to exceed five (5%) percent) suffered or incurred in connection include the Fixed Rent with Landlord’s Work respect to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope Additional Premises as part of Fixed Rent under clause (a) (ii) of Schedule 2 of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant Original Lease when calculating Percentage Rent pursuant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation thereforthe Original Lease. (diii) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection pay additional rent on account of Taxes with respect to the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts pursuant to complete the items on the punchlist within thirty days, or if the nature Article 8 of the items requires additional timeOriginal Lease, within such additional time as is reasonably necessary. In additionexcept that, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following with respect to the Additional Premises Commencement Date. only, (ea) The Additional Premises Commencement “Base Tax Year” shall mean the Tax Year commencing on July 1, 2002 and ending on June 30, 2003 if the Effective Date shall be confirmed by Landlord occurs on or before December 31, 2002, or the Tax Year commencing on January 1, 2003 and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its deliveryending on December 31, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent 2003 (i.e., 9,205 the second half of the Tax Year commencing on July 1, 2002 and ending on June 30, 2003 and the first half of the Tax Year commencing on July 1, 2003 and ending on June 30, 2004) if the Effective Date occurs on or after January 1, 2003, and (b) “Tenant’s Area” shall mean 8,216 rentable square feet of Premises/121,737 rentable square feet of Building)feet. (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect thereto.

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the second floor of the Building containing approximately four thousand two hundred thirty-four (4,234) rentable square feet 5,064 RSF of space, known as Suite 200 space (the “Additional Premises”) to be incorporated into the Premises), all as shown on Exhibit “A-1A” and made a part hereof. The term of the Lease for the Additional Premises shall commence on upon the Additional Premises Commencement Date later of (i) March 15, 2009, and (ii) substantial completion of the Landlord’s Work (as hereafter defined). In addition, effective as of the defined in subparagraph (b) hereof) (“Additional Premises Commencement Date”). The Additional Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the Lease is hereby amended by changing occupancy of the Premises to exclude the Surrender Premises. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Amendment, and to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date the word “Premises”, as defined in the Lease, shall mean and include both the Existing Second Floor Original Premises and the Additional Premises (but excluding the Surrender Premises), containing a total of nine thousand two hundred five (9,205) rentable square feet17,330 RSF, unless the context otherwise requires, and except as specifically provided herein. . (b) The term of the Lease for Landlord shall construct and do such other work in the Additional Premises shall commence upon the date (“Additional Premises Commencement Date”) which is the later of (i) November 1, 2009; or (ii) the date of substantial completion of the Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. (c) Landlord, at its sole cost and expense, shall construct and perform certain work to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”)) in substantial conformity with the plans and outline specifications of the plan, utilizing building standard materials SK-1, prepared by Xxxxx Xxxxxxxx Architects dated November 18, 2009, which have been initialed by the parties, and finishes unless otherwise specifiedwhich are herein incorporated by reference. Tenant If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be solely responsible submitted to Tenant for all approval, which approval shall not be unreasonably withheld or delayed. If Landlord shall be delayed in such “substantial completion” as a result of (i) Tenant’s failure to furnish plans, specifications or other reasonably documented and invoiced costs and expenses (including without limitation requested information for the furtherance of Landlord’s construction management fees not to exceed Work within five (5%) percent) suffered or incurred in connection with business days following Landlord’s Work written request to Tenant for the extent caused same; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans; (iv) the performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request to Tenant for the same (each, a “Tenant’s Delay”); then the Additional Premises Commencement Date and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such delay . If any delay caused by Tenant change, revision or otherwise due supplement to any change in the scope of the Landlord Landlord’s Work (including any change from building standard materials is requested by Tenant then such increased costs associated with such change, revision or finishes) other than those required solely by Landlord, all of which supplement shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice upfront and reasonable documentation therefor. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant such occurrence shall schedule an inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until not change the Additional Premises Commencement Date occursof the Term and shall not alter Tenant’s obligations under this Lease. Tenant shall surrender possession of, and redeliver Notwithstanding anything to Landlordthe contrary stated in Article 2(a) above, the Surrender Premises Term shall commence on the date the Additional Premises Commencement Date in the condition required would have been delivered to Tenant but for surrender and redelivery at the expiration of the term Tenant’s Delay or Tenant’s change order. Landlord’s Work constitutes an Alteration under Article 8 of the Lease. In Notwithstanding anything to the event contrary contained herein, if the entire Tenant fails to do soAllowance is not spent by Tenant on Landlord’s Work, the balance may be spent by Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease for furniture, fixtures, or at law and in equity with respect theretoequipment.