Common use of Leased Premises and Term Clause in Contracts

Leased Premises and Term. Upon the Effective Date, the terms and provisions of this Lease shall be fully binding on Landlord and Tenant. Landlord does hereby lease, demise and let to Tenant and Tenant does hereby lease and take from Landlord the Leased Premises for a term beginning on the Commencement Date and continuing in full force and effect for the Lease Term, unless this Lease is terminated earlier pursuant to the provisions hereof. In addition, Landlord grants to Tenant the right to use, on a non-exclusive basis and in common with other tenants, the Common Areas. Once the Rent Commencement Date is determined, Landlord and Tenant shall endeavor to execute a supplemental agreement stating the Commencement Date, the Rent Commencement Date and the Expiration Date; provided, however, the failure to do so will not affect the determination of such dates. The Leased Premises are demised hereby subject to all easements, restrictions, agreements of record as of the Effective Date, mortgages and deeds of trust, zoning and building laws, and the terms and provisions of the Prime Lease, including, but not limited to, the provisions of the Prime Lease relating to employment and non-discrimination, which provisions are set forth on Exhibit D to this Lease. If and to the extent that the Prime Lease shall be changed or modified as a result of any change imposed upon Landlord by the landlord under the Prime Lease (“Prime Lessor”), Tenant shall be given notice of such change and Tenant shall comply with any modifications which do not adversely affect Tenant’s rights and privileges or materially increase Tenant’s obligations hereunder in more than a de minimus manner. Except as expressly set forth herein, Landlord specifically excepts and reserves to itself the use of the roof, the exterior portions of the Leased Premises, and such areas within the Leased Premises required for installation, maintenance, replacement and repair of utility lines and other installations required to service other tenants of the Building from time to time during the Lease Term. No rights are conferred on Tenant, and Landlord specifically excepts and reserves to itself, unless otherwise specifically provided, all rights to the land and improvements below the floor level of the Leased Premises and to the air rights above the Leased Premises and to the land and improvements located on and within the Common Areas.

Leased Premises and Term. Upon In consideration of the Effective Dateobligation of Tenant to pay Rent as herein provided, and in consideration of the other terms, provisions, and covenants hereof, Landlord hereby demises and leases to Tenant, and Tenant hereby accepts and leases from Landlord, the terms following described space for purposes hereof is deemed to be: 32,160 Rentable Square Feet and provisions substantially as shown on the plan attached hereto as EXHIBIT A (the “Leased Premises”) which is located in the building commonly known as Brookfield Lakes Corporate Center XVII (the “Building”), situated on the real property described in EXHIBIT B attached hereto (the “Property”). The Property is part of an office complex commonly known as Brookfield Lakes Corporate Center (the “BLCC Center”). The Property is in Zoning District O & LI under the Municipal Code of the City of Brookfield, Wisconsin. The Leased Premises shall be used for the following purposes and no others: General Office Use and incidental uses related thereto, and operation of a kitchen and breakroom, as approved by Landlord Landlord represents and warrants to Tenant that the foregoing uses do not violate any restriction imposed on the Property, the Building or the Leased Premises by deed or other document of record. TO HAVE AND TO HOLD the same for a term (sometimes referred to as the “Term”) of One Hundred Twenty-One (121) months commencing August 1, 2012 (sometimes referred to as the Commencement Date) and ending August 31, 2022 unless terminated or extended pursuant to any provision hereof. Tenant acknowledges that no representations as to the condition or repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. Landlord has not received any notice that the Building is in violation of any laws, ordinances or codes. Tenant shall also have a non-exclusive license to use the areas located in and adjacent to the Building designated by Landlord from time to time as being available for the common use by Landlord and tenants and occupants of the Building, including such areas as the entrance lobby, public toilets, public corridors, exterior plaza and other similar facilities (the “Common Areas”), subject to the non-exclusive rights of Landlord and other tenants and occupants to use such Common Areas, and rules and regulations imposed by Landlord from time to time relating to the Common Areas. The parking lot and landscaped areas adjacent to the Building shall be used for parking, ingress and egress purposes only, and Tenant shall not be entitled to use such Common Areas for any other purpose without the prior written consent of Landlord. Landlord shall not charge any fee for the use of the parking spaces located in the parking lot adjacent to the Building. Landlord shall maintain four (4) parking spaces for each 1,000 rentable square feet of area in the Building, or such other amount as may be required by applicable law, ordinance or code. In the event that the number of parking spaces falls below the number of spaces required by applicable law, ordinance or code, Landlord shall provide suitable replacement parking. If this Lease is executed before the Leased Premises become vacant or otherwise available and ready for occupancy and Landlord cannot, using commercially reasonable efforts, acquire possession and/or deliver the Leased Premises to the Tenant on the Commencement Date of this Lease, Landlord shall not be deemed to be in default, nor in any way liable to Tenant, because of such failure and Tenant agrees to accept possession of the Leased Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the “Commencement Date”; and the Term of this Lease shall automatically be fully binding on Landlord and Tenantextended so as to include the full number of months hereinbefore provided, except that if the Commencement Date is other than the first day of a calendar month, such Term shall also be extended for a period equivalent to the remainder of the calendar month in which possession is tendered. Landlord does hereby leasewaives payment of Rent (including such portion of the Additional Rent which is related to Tenant’s use and occupancy of the Leased Premises) covering any period prior to such tendering of possession. In the event that Tenant’s possession is delayed because Landlord has not sufficiently completed the Building or the Leased Premises, demise and let to Tenant and Tenant does hereby lease and take from Landlord the Commencement Date shall be the date upon the later of which the Building, other improvements on the Property and/or the Leased Premises for a term beginning has been substantially completed in accordance with the plans and specifications of Landlord (other than any work which cannot be completed on such date provided such incompletion will not substantially interfere with Tenant’s use of the Leased Premises); and the Term of this Lease shall automatically be extended so as to include the full number of months hereinbefore provided, except that if the Commencement Date and continuing in full force and effect is other than the first day of a calendar month, such Term shall also be extended for the Lease Term, unless this Lease is terminated earlier pursuant a period equivalent to the provisions hereof. In addition, Landlord grants to Tenant remainder of the right to use, on a non-exclusive basis and calendar month in common with other tenants, the Common Areas. Once the Rent Commencement Date which possession is determined, Landlord and Tenant shall endeavor to execute a supplemental agreement stating the Commencement Date, the Rent Commencement Date and the Expiration Datetendered; provided, however, the failure to do so will not affect the determination of such dates. The Leased Premises are demised hereby subject to all easements, restrictions, agreements of record as of the Effective Date, mortgages and deeds of trust, zoning and building laws, and the terms and provisions of the Prime Lease, including, but not limited to, the provisions of the Prime Lease relating to employment and non-discrimination, which provisions are set forth on Exhibit D to this Lease. If and to the extent that the Prime Lease if Landlord shall be changed or modified delayed in such substantial completion as a result of any change imposed upon Landlord by the landlord under the Prime Lease of: (“Prime Lessor”), Tenant shall be given notice of such change and Tenant shall comply with any modifications which do not adversely affect i) Tenant’s rights failure to agree to plans and privileges or materially increase specifications; (ii) Tenant’s obligations hereunder in more request for materials or finishes other than a de minimus manner. Except as expressly set forth hereinon EXHIBIT C attached hereto; (iii) Tenant’s changes in plans; or (iv) the performance, acts or omissions of Tenant or a party employed by Tenant (collectively, “Tenant Delay”), the Commencement Date and the obligation to pay Rent hereunder shall be accelerated by one day for each day of delay resulting, directly or indirectly, from any of the foregoing. Landlord shall notify Tenant in writing as soon as Landlord deems the Building, other improvements, and the Leased Premises to be completed and ready for occupancy as aforesaid. In the event that the Building, other improvements, or the Leased Premises has not in fact been substantially completed as aforesaid, Tenant shall notify Landlord in writing of its objections within five (5) days after Tenant receives the aforesaid notice from Landlord. Landlord shall have reasonable time after delivery of such notice in which to take such corrective action as Landlord deems necessary and shall notify Tenant in writing as soon as it deems such corrective action, if any, has been completed so that the Building, other improvements, and the Leased Premises is completed and ready for occupancy. In the event Tenant’s possession is delayed, Tenant shall not have any claim against Landlord, including, without limitation, claims for rent paid on alternative space until the Leased Premises is delivered to Tenant. Prior to the Commencement Date, Landlord specifically excepts shall schedule a mutually agreeable time with Tenant to walk through the Leased Premises and reserves to itself the use prepare a mutually agreeable punch list setting forth any defects or incomplete work. The taking of possession of the roofLeased Premises by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the exterior portions Leased Premises have been completed in accordance with the plans and specifications and are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing, and except for the punch list items and items covered by the one (1) year general workmanship warranty described herein) and that the square footage for purposes of this Lease is as set forth in Paragraph 1 hereof. Upon the Commencement Date, Tenant or its representative shall execute and deliver to Landlord a letter of acceptance of delivery of the Leased Premises, such letter to be on Landlord’s or its lender’s standard form therefore. In the event of any dispute as to when and such areas within whether the work performed or required to be performed by Landlord has been substantially completed, the certificate of an A.I.A. registered architect or a temporary or final certificate of occupancy issued by the local governmental authority permitting general office use in the Leased Premises required for installationshall be conclusive evidence of such completion, maintenance, replacement and repair of utility lines and other installations required to service other tenants effective on the date of the Building from delivery of a copy of any such certificate to Tenant. Landlord will exercise all commercially reasonable efforts to correct and complete the items described in the punch list within thirty (30) days after the punch list has been finalized, unless Landlord, in spite of its efforts, is unable to correct and complete any such items within thirty (30) days, then Landlord shall have a reasonable time to correct and complete such items provided that Landlord commences to correct and complete such items within the thirty (30) day period and thereafter diligently proceeds to complete such items. The existence of such punch list items shall not postpone the Commencement Date or the obligation of Tenant to pay Rent. Landlord agrees to provide a one (1) year general workmanship warranty for the Improvements. In the event that Tenant discovers a defect in any general workmanship item covered by such warranty, Tenant shall provide written notice to Landlord prior to the expiration of such warranty. Upon receipt of any such written notice from Tenant, Landlord shall exercise commercially reasonable efforts to promptly correct such defect. In the event that Landlord fails to deliver the Leased Premises on or before the date that is thirty (30) days after the Commencement Date, subject to Force Majeure (as defined in Paragraph 21.L.) and Tenant Delay, Tenant shall receive one (1) day of free rent for each day that the Leased Premises is delivered after the date that is thirty (30) days after the Commencement Date. In the event that Landlord fails to deliver the Leased Premises on or before the date that is ninety (90) days after the Commencement Date, subject to Force Majeure and Tenant Delay, then Tenant may, at its sole option, terminate this Lease upon thirty (30) days written notice to Landlord, provided that during such thirty (30) day period Landlord fails to deliver the Leased Premises. Tenant shall have the right, at no additional cost to Tenant, to enter upon and use the Leased Premises and the Common Areas at any time or times during the Lease Term. No rights are conferred on Tenantfourteen (14) day period prior to the Commencement Date for the purpose of installing its equipment, fixtures, and Landlord specifically excepts furniture, and reserves to itself, unless otherwise specifically provided, all rights the forty-five (45) day period prior to the land Commencement Date for the purpose of installing its data and improvements below telecommunications cabling systems, provided that in so doing the floor level progress of the Improvements shall not be unreasonably interfered with or delayed. Any such prior use of the Leased Premises and to the air rights above shall not constitute acceptance of the Leased Premises nor shall it any way be deemed to constitute a waiver of any rights that Tenant may have pursuant to this Lease, but such prior entry and use of the Leased Premises shall be subject to all of the land terms and improvements located on conditions of this Lease, including, without limitation, the obligation to maintain Tenant’s insurance and within the Common Areasobligation to provide Landlord written notice prior to such entry and use.

Leased Premises and Term. Upon The Landlord, in consideration of the Effective Daterents, covenants, and agreements hereinafter reserved and contained on the part of the Tenant to be performed, the terms receipt and provisions adequacy of this Lease shall be fully binding on Landlord and Tenant. Landlord which is hereby acknowledged, does hereby lease, demise and let to the Tenant and Tenant does hereby lease and take from Landlord the Leased Premises for a term beginning on the Commencement Date and continuing in full force and effect for the Lease Term, unless this Lease is terminated earlier pursuant to the provisions hereof. In addition, Landlord grants to Tenant the right to use, on a non-exclusive basis and in common with other tenantsLandlord, the Common Areas. Once the Rent Commencement Date is determined, Landlord and Tenant shall endeavor to execute a supplemental agreement stating the Commencement Date, the Rent Commencement Date and the Expiration Date; provided, however, the failure to do so will not affect the determination of such dates. The Leased Premises are demised hereby subject to all easements, restrictions, agreements of record as of the Effective Date, mortgages and deeds of trust, zoning and building laws, and upon the terms and provisions conditions herein set forth. A more complete and accurate description of the Prime LeasePremises is attached hereto as Exhibit “A” and by reference made a part hereof. TO HAVE AND TO HOLD the said Premises with the rights, includingprivileges and appurtenances thereunto belonging or in anywise appertaining unto the said Tenant for and during an Initial Term of twenty (20) years plus the period, but not limited toto exceed one year, from the provisions Lease Closing Date to the commencement date of the Prime Lease relating to employment and non-discrimination, which provisions are set forth on Exhibit D to this Lease. If and to the extent that the Prime Lease shall be changed or modified as a result of any change imposed upon Landlord by the landlord under the Prime Lowe’s Lease (the “Prime LessorDevelopment Period”), . The date Tenant delivers a fully executed copy of this Lease to Landlord is known in this Agreement as the “Lease Closing Date” and herein as the Lease Closing Date or the “Base Annual Rent Commencement Date.” The Initial Term of this Lease commences upon the Base Annual Rent Commencement Date. Possession of the Premises shall be given notice of such change and to the Tenant shall comply with any modifications which do not adversely affect Tenant’s rights and privileges or materially increase Tenant’s obligations hereunder in more than a de minimus manner. Except as expressly set forth herein, Landlord specifically excepts and reserves to itself the use of the roof, the exterior portions of the Leased Premises, and such areas within the Leased Premises required for installation, maintenance, replacement and repair of utility lines and other installations required to service other tenants of the Building from time to time during on the Lease TermClosing Date. No rights are conferred on Tenant, The Premises shall be unoccupied and Landlord specifically excepts and reserves free of any lease to itself, unless otherwise specifically provided, all rights to the land and improvements below the floor level or other right of the Leased Premises and to the air rights above the Leased Premises and to the land and improvements located on and within the Common Areaspossession or claim of right of possession by any party.

Leased Premises and Term. Upon the Effective Date, the terms and provisions of this Lease shall be fully binding on Landlord and Tenant. Landlord does hereby lease, demise and let to Tenant and Tenant does hereby lease and take from Landlord the Leased Premises for a term beginning on the Commencement Date and continuing in full force and effect for the Lease Term, unless this Lease is terminated earlier pursuant to the provisions hereof. In addition, Landlord grants to Tenant the right to use, on a non-exclusive basis and in common with other tenants, the Common Areas. Once the Rent Commencement Date is determined, Landlord and Tenant shall endeavor to execute a supplemental agreement stating the Commencement Date, the Rent Commencement Date and the Expiration Date; provided, however, the failure to do so will not affect the determination of such dates. The Leased Premises are demised hereby subject to all easements, restrictions, agreements of record as of the Effective Daterecord, mortgages and deeds of trust, and zoning and building laws, and the terms and provisions . If Landlord is unable to deliver possession of the Prime LeaseLeased Premises to Tenant as of the Commencement Date specified in Article I for any reason, including, but not limited towithout limitation, the provisions of the Prime Lease relating to employment and non-discrimination, which provisions are set forth on Exhibit D to this Lease. If and to the extent that the Prime Lease shall be changed or modified as a result holding over of any change imposed upon Landlord by the landlord under the Prime Lease (“Prime Lessor”), Tenant shall be given notice of such change and Tenant shall comply with any modifications which do not adversely affect Tenant’s rights and privileges tenant or materially increase Tenant’s obligations hereunder in more than a de minimus manner. Except as expressly set forth herein, Landlord specifically excepts and reserves to itself the use of the roof, the exterior portions occupant of the Leased Premises, and then the term "Commencement Date" shall mean such areas within subsequent date upon which the Leased Premises required for installation, maintenance, replacement and repair of utility lines and other installations required Landlord is able to service other tenants of the Building from time to time during the Lease Term. No rights are conferred on Tenant, and Landlord specifically excepts and reserves to itself, unless otherwise specifically provided, all rights to the land and improvements below the floor level deliver possession of the Leased Premises to Tenant, and such failure to the air rights above deliver possession of the Leased Premises on the Commencement Date specified in Article I hereof shall not constitute a default by Landlord hereunder or render Landlord liable for any loss or damage that may be incurred as a result of such failure. If the Leased Premises are delivered to Tenant for occupancy on a date prior to the Commencement Date specified in Article I hereof, Tenant agrees to accept and occupy the Leased Premises on such date and the term "Commencement Date" shall mean such date. Tenant shall commence to furnish, equip, and improve the Leased Premises, in accordance with Section 4.2(a) hereof, on the Commencement Date. Landlord shall have no obligation to furnish, equip or improve the Leased Premises. By occupying the Leased Premises, Tenant shall be deemed to have accepted the same and to have acknowledged that the land same comply fully with Landlord's covenants and improvements located on and within the Common Areasobligations hereunder.

Leased Premises and Term. Upon SMG hereby grants University, upon the Effective Dateterms and conditions hereinafter expressed, a license to use those areas of the Facility described on Exhibit A attached hereto (the “Authorized Areas”), including all improvements, furniture, fixtures, easements, rights of ingress and egress, and appurtenances thereto, during the dates and times set forth on Exhibit A (each such date and time, an “Event”). It is expressly understood by the parties hereto that the Facility shall be vacated by University and all persons participating in or attending an Event hereunder on or prior to the end-time of the last Event listed on Exhibit A hereto (the “Expiration Time”) and, as such, University shall arrange to have all Events and activities related thereto cease within a reasonable time prior to the Expiration Time to allow ample time for the Facility to be completely vacated on or prior to the Expiration Time. SMG Rules. University shall abide by and conform to all rules and regulations adopted or prescribed by SMG pursuant to a certain operating handbook titled “Event Guide” dated 12/16/2015, a copy of which has been provided to University and the terms of which are incorporated by reference herein. To the extent allowed by the laws of the State of Tennessee, all provisions of SMG’s “Event Guide” dated 12/16/2015 are incorporated into this agreement by reference. If the terms of the Event Guide conflict with this Agreement, the terms and provisions of this Lease Agreement shall prevail. Furthermore, University shall conduct business in the Facility in a dignified and orderly manner with full regard for public safety and in conformity with SMG’s rules and regulations, including fire and safety rules as required by SMG or local fire regulations, as such may exist from time to time. Without limiting the foregoing, University shall obtain prior written approval from SMG’s General Manager at the Facility for any pyrotechnic displays which University anticipates may be fully binding performed at the Facility during the term of this Agreement. University agrees that it will not allow any officer, agent, employee, licensee or invitee at, in or about the Facility who shall, upon reasonable grounds, be objected to by SMG and such person’s right to use the Facility may be revoked immediately by SMG. Rental Fee. The total nonrefundable space rental rate is ${0.00} based on Landlord {SPACE} at a daily rate of ${0.00} for {NUMBER} days. The daily rate for move in and Tenantmove out days will be half (50%) of the daily use rental rate. Landlord does hereby leaseThe total space rental rate of ${0.00} is based on: /day = $ /day = $ /day = $ /day = $ TOTAL $ Services and Equipment Included. SMG shall furnish, demise without cost to University, normal janitorial service in public areas, air conditioning during event hours, worklights (50% power) during move-in and let move-out; and full house lights during event hours. A complete description of services, rentals, and assigned costs is set forth in the Event Guide. Each Meeting Room and Section of the Ballroom in KCC will include the following at no charge: 2 Clothed and skirted 6’ or 8’ tables; 1 Lectern, table-top or free-standing; Riser section, skirted; 1 Electrical outlet, 5 amp; and all tables and chairs for classroom, theater, or banquet use. University shall not operate any equipment or materials belonging to Tenant SMG without the prior written approval of SMG. Estimated additional equipment and Tenant does hereby lease services will be provided and take from Landlord charged as follows: each = $ each = $ each = $ TOTAL $ Other Portions of Facility and Access to Facility. SMG may use any portion of the Facility other than the Leased Premises for a term beginning on the Commencement Date other events and continuing in full force and effect shall not be responsible for the Lease Term, unless this Lease is terminated earlier pursuant to actions of any other user of the provisions hereof. In addition, Landlord grants to Tenant the right to use, on a non-exclusive basis and in common with other tenants, the Common Areas. Once the Rent Commencement Date is determined, Landlord and Tenant shall endeavor to execute a supplemental agreement stating the Commencement Date, the Rent Commencement Date and the Expiration Date; provided, however, the failure to do so will not affect the determination of such datesbuilding. The Leased Premises are demised hereby subject General Manager or his or her representative shall have available to at all times total and complete access to all easements, restrictions, agreements of record as of the Effective Date, mortgages and deeds of trust, zoning and building laws, and the terms and provisions of the Prime Lease, including, but not limited to, the provisions of the Prime Lease relating to employment and non-discrimination, which provisions are set forth on Exhibit D to this Lease. If and to the extent that the Prime Lease shall be changed or modified as a result of any change imposed upon Landlord by the landlord under the Prime Lease (“Prime Lessor”), Tenant shall be given notice of such change and Tenant shall comply with any modifications which do not adversely affect Tenant’s rights and privileges or materially increase Tenant’s obligations hereunder in more than a de minimus manner. Except as expressly set forth herein, Landlord specifically excepts and reserves to itself the use of the roof, the exterior portions of the Facility, including the Leased Premises, and such areas within the Leased Premises required for installation, maintenance, replacement and repair of utility lines and other installations required to service other tenants of the Building from time to time during the Lease Term. No rights are conferred on Tenant, and Landlord specifically excepts and reserves to itself, unless otherwise specifically provided, all rights University shall supply to the land General Manager, or his or her representative, a key or keys to any and improvements below the floor level all parts of the Leased Premises that University desires to secure under lock, such keys and locks to be provided for and installed and removed at the sole expense of University, subject to immediate removal upon termination of this Agreement, or otherwise in the reasonable discretion of the General Manager. In the event the General Manager determines it to be necessary to remove any locks which have been installed by University, after notice to University and reasonable opportunity for University to remove the locks, except in the case of an emergency, the General Manager may order such removal, the cost of which shall be borne by University, to the air rights above the Leased Premises and to the land and improvements located on and within the Common Areasextent allowed under Tennessee law.

Leased Premises and Term. Upon the Effective Date, the terms and provisions of this Lease shall be fully binding on Landlord and Tenant. Landlord does hereby lease, demise and let to Tenant and Tenant does hereby lease and take from Landlord the Leased Premises for a term beginning on the Commencement Date and continuing in full force and effect for the Lease Term, unless this Lease is terminated earlier pursuant to the provisions hereof. In addition, Landlord grants to Tenant the right to use, on a non-exclusive basis and in common with other tenants, the Common Areas. Once the Rent Commencement Date is determined, Landlord and Tenant shall endeavor to execute a supplemental agreement stating the Commencement Date, the Rent Commencement Date and the Expiration Date; provided, however, the failure to do so will not affect the determination of such dates. The Leased Premises are demised hereby subject to all easements, restrictions, agreements of record as of the Effective Daterecord, mortgages and deeds of trust, and zoning and building laws, and the terms and provisions . If Landlord is unable to deliver possession of the Prime LeaseLeased Premises to Tenant as of the Commencement Date specified in Article 1 for any reason, including, but not limited towithout limitation, the provisions holding over of any tenant or occupant of the Prime Lease relating Leased Premises, then the term "Commencement Date" shall mean such subsequent date upon which the Landlord is able to employment deliver possession of the Leased Premises to Tenant, and non-discrimination, which provisions are set forth such failure to deliver possession of the Leased Premises on Exhibit D to this Leasethe Commencement Date specified in Article 1 hereof shall not constitute a default by Landlord hereunder or render Landlord liable for any loss or damage that may be incurred as a result of such failure. If the Leased Premises are delivered to Tenant for occupancy on a date prior to the Commencement Date specified in Article 1 hereof, Tenant agrees to accept and occupy the Leased Premises on such date and the term "Commencement Date" shall mean such date. Tenant shall commence to furnish, equip, and improve the Leased Premises, in accordance with Section 4.2(a) hereof, on the Commencement Date. Landlord shall have no obligation to furnish, equip or improve the Leased Premises and Tenant has been afforded the right to inspect the Leased Premises prior to the Commencement Date. By occupying the Leased Premises, Tenant shall be deemed to have accepted the same and to have acknowledged that the same comply fully with Landlord's covenants and obligations hereunder. Notwithstanding the foregoing, to the extent that the Prime Lease shall be changed Leased Premises are not delivered to Tenant on or modified as a result of any change imposed upon Landlord by the landlord under the Prime Lease (“Prime Lessor”)before April 1, 1999, Tenant shall have the right to terminate this Lease by providing notice to Landlord after such date. Landlord acknowledges that Tenant's business to be given notice conducted in the Lease Premises requires the installation in the Leased Premises of certain communications equipment by telecommunications customers of Tenant ("Customers") in order for such change Customers to interconnect with Tenant's terminal facilities. Not withstanding anything contained in Section 4.7 of the Lease, Landlord agrees that no consent shall be required for a co-location agreement between Tenant and Tenant shall any such Customer for the purposes of permitting such a telecommunications connection, so long as (i) such Customer agrees in writing to comply with any modifications which do not adversely affect Tenant’s rights and privileges or materially increase Tenant’s all obligations hereunder in more than a de minimus manner. Except as expressly set forth herein, Landlord specifically excepts and reserves of Tenant under this Lease to itself the use extent relating to the portion of the roofLeased Premises in question, and (ii) each co-location agreement is in writing and is consistent with the exterior portions provisions of this Lease. Co-location shall not be deemed under any circumstances to be a sublet or assignment of the Leased Premises, and such areas within the Leased Premises required for installation, maintenance, replacement and repair of utility lines and other installations required to service other tenants of the Building from time to time during the Lease Term. No rights are conferred on Tenant, and Landlord specifically excepts and reserves to itself, unless otherwise specifically provided, all rights to the land and improvements below the floor level of the Leased Premises and to the air rights above the Leased Premises and to the land and improvements located on and within the Common Areas.

Leased Premises and Term. Upon the Effective Date, the terms and provisions of this Lease shall be fully binding on Landlord and Tenant. Landlord does hereby lease, demise and let to Tenant and Tenant does hereby lease and take from Landlord the Leased Premises for a term beginning on the Commencement Date and continuing in full force and effect for the Lease Term, unless this Lease is terminated earlier pursuant to the provisions hereof. In addition, Landlord grants to Tenant the right to use, on a non-exclusive basis and in common with other tenants, the Common Areas. Once the Rent Commencement Date is determined, Landlord and Tenant shall endeavor to execute a supplemental agreement stating the Commencement Date, the Rent Commencement Date and the Expiration Date; provided, however, the failure to do so will not affect the determination of such dates. The Leased Premises are demised hereby subject to all easements, restrictions, agreements of record as of the Effective Daterecord, mortgages and deeds of trust, and zoning and building laws, and the terms and provisions . If Landlord is unable to deliver possession of the Prime LeaseLeased Premises to Tenant as of the Commencement Date specified in Article 1 for any reason, including, but not limited towithout limitation, the provisions of the Prime Lease relating to employment and non-discrimination, which provisions are set forth on Exhibit D to this Lease. If and to the extent that the Prime Lease shall be changed or modified as a result holding over of any change imposed upon Landlord by the landlord under the Prime Lease (“Prime Lessor”), Tenant shall be given notice of such change and Tenant shall comply with any modifications which do not adversely affect Tenant’s rights and privileges tenant or materially increase Tenant’s obligations hereunder in more than a de minimus manner. Except as expressly set forth herein, Landlord specifically excepts and reserves to itself the use of the roof, the exterior portions occupant of the Leased Premises, and then the term "Commencement Date" shall mean such areas within subsequent date upon which the Leased Premises required for installation, maintenance, replacement and repair of utility lines and other installations required Landlord is able to service other tenants of the Building from time to time during the Lease Term. No rights are conferred on Tenant, and Landlord specifically excepts and reserves to itself, unless otherwise specifically provided, all rights to the land and improvements below the floor level deliver possession of the Leased Premises to Tenant, and such failure to the air rights above deliver possession of the Leased Premises on the Commencement Date specified in Article 1 hereof shall not constitute a default by Landlord hereunder or render Landlord liable for any loss or damage that may be incurred as a result of such failure. If the Leased Premises are delivered to Tenant for occupancy on a date prior to the Commencement Date specified in Article 1 hereof, Tenaxx xxxees to accept and occupy the Leased Premises on such date and the term "Commencement Date" shall mean such date. Tenant shall commence to furnish, equip, and improve the Leased Premises, in accordance with Section 4.2(a) hereof, on the Commencement Date. Landlord shall have no obligation to furnish, equip or improve the Leased Premises. Landxxxx'x xanager for the Building has not received written notice of any material defects existing in the Leased Premises. By occupying the Leased Premises subject to Landlord's obligations under Section 8.7 below, Tenant shall be deemed to have accepted the same and to have acknowledged that the land same comply fully with Landlord's covenants and improvements located on and within obligations hereunder. In addition, Tenant shall have the non-exclusive right to access the Common AreasArea of the Building.

Leased Premises and Term. Upon the Effective Date, the terms and provisions of this Lease shall be fully binding on Landlord and Tenant. Landlord does hereby lease, demise and let to Tenant and Tenant does hereby lease and take from Landlord the Leased Premises for a term beginning on the Commencement Date and continuing in full force and effect for the Lease Term, unless this Lease is terminated earlier pursuant to the provisions hereof. In addition, Landlord grants to Tenant the right to use, on a non-exclusive basis and in common with other tenants, the Common Areas. Once the Rent Commencement Date is determined, Landlord and Tenant shall endeavor to execute a supplemental agreement stating the Commencement Date, the Rent Commencement Date and the Expiration Date; provided, however, the failure to do so will not affect the determination of such dates. The Leased Premises are demised hereby hereby, “AS IS”, except only as noted in paragraph E of Exhibit E of this Lease, and subject to all easements, restrictions, agreements of record as of the Effective Daterecord, mortgages and deeds of trust, zoning and building laws, and the terms and provisions of the Prime LeaseLease (as hereinafter defined), including, but not limited to, the provisions of the Prime Lease relating to employment and non-discrimination, which provisions are set forth on Exhibit D C to this Lease, together with the right to use common walkways, loading bays, elevators and bathrooms in a manner and to an extent consistent with the general use of such common facilities by other tenants . If and to the extent that the Prime Lease such provisions shall be changed or modified as a result of any change imposed upon Landlord by the landlord under the Prime Lease (“Prime Lessor”), Tenant shall be given notice of such change and Tenant shall agrees to comply with any modifications which do not adversely affect Tenant’s rights and privileges or materially increase Tenant’s obligations hereunder in more than a de minimus mannersuch changed provision. Except as herein expressly set forth hereinto the contrary, Landlord shall have no obligation to perform any work to the Leased Premises or Building to ready same for Tenant’s use or occupancy and Tenant is deemed to have accepted the Leased Premises in their condition on the date hereof, except for Landlord’s Work as noted in Paragraph E of Exhibit E. Upon accepting possession of the Leased Premises, Tenant shall be deemed to have acknowledged that the same comply fully with Landlord’s covenants and obligations hereunder, except for Landlord’s Work as noted in Paragraph E of Exhibit E. Landlord agrees that no amendment to the Prime Lease shall prohibit the Permitted Use, and in such instance, Tenant shall have the right to terminate this Lease upon thirty (30) days notice to Landlord effective on or after the date the Permitted Use is actually prohibited. Landlord specifically excepts and reserves to itself the use of the roof, the exterior portions of the Leased PremisesPremises other than the storefront, and such areas within the Leased Premises required for [ * ] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. installation, maintenance, replacement and repair of utility lines and other installations required to service other tenants of the Building from time to time during the Lease Term, it being agreed that such utility lines and other installations upon completion shall not materially interfere with Tenant’s general use and occupancy of the Leased Premises consistent with this Lease without Tenant’s specific consent. No rights are conferred on Tenant, and Landlord specifically excepts and reserves to itself, unless otherwise specifically provided, all rights to the land and improvements below the floor level of the Leased Premises and to the air rights above the Leased Premises and to the land and improvements located on and within the Common Areascommon areas.