Common use of Moving Allowance Clause in Contracts

Moving Allowance. Provided Tenant is not in default under the Lease beyond any applicable notice and cure periods, Landlord agrees to contribute up to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) (the “Moving Allowance”) toward the actual and direct out of pocket cost (but excluding any indirect or collateral costs, such as by way of example, the modification of business cards or letterhead) of Tenant’s move from its current facility to the Premises. The Moving Allowance may only be used for the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement of the Moving Allowance is being requested have been fully performed. The Moving Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion of the Moving Allowance during the continuance of an uncured default under the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used for any purpose other than costs and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Date, any unused amount shall accrue to the sole benefit of Landlord, it being understood that Tenant shall not be entitled to any credit, abatement or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with the Moving Allowance.

Moving Allowance. Provided Tenant is not Subject to the terms of this Xxxxxxxxx 00, Xxxxxxxx shall contribute toward Tenant's costs and expenses incurred in default under connection with relocating and moving into the Lease beyond any applicable notice and cure periods, Landlord agrees to contribute Premises (“Moving Costs”) a cash sum up to the sum a maximum amount of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) 15,000 (the “Moving Allowance”) toward ). Landlord's payment of the actual and direct out of pocket cost (but excluding any indirect Moving Allowance, or collateral costssuch portion thereof as Tenant may be entitled to, such as by way of example, the modification of business cards or letterhead) of Tenant’s move from its current facility to the Premises. The Moving Allowance may only be used for the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services made within thirty (30) days after each and all of the following receipt conditions shall have been satisfied: (i) Tenant shall have delivered to Landlord paid receipts or other written evidence satisfactorily substantiating the actual amount of the Moving Costs incurred by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving servicesTenant; and (2ii) the certification Tenant shall not then be in material default of Tenant, that the moving services for which disbursement any of the provisions of the Lease. If the actual Moving Allowance is being requested have been fully performed. The Costs are less than the Moving Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contraryAllowance, Landlord then Tenant shall not be obligated receive any credit whatsoever for the difference between the actual Moving Costs the Moving Allowance. If Tenant does not satisfy items (i) through (iii) above within four (4) months after the Commencement Date, Landlord’s obligation to disburse pay all or any portion of the Moving Allowance shall terminate and be rendered null and void, and Tenant shall automatically be deemed to have waived any right or interest in and to any remaining portion of the Moving Allowance WHEREFORE, Landlord and Tenant have respectively executed this Lease the day and year first above written. CIVF I-KY1M01-KY1M06 & KY1W01, LLC, Xxxxxxxxxxxxxxx.xxx, Inc., a Delaware corporation a Delaware limited liability company By: DCT Industrial Value Fund I, L.P., a Delaware limited partnership, its Sole Member By: DCT Industrial Value Fund I, Inc. a Maryland corporation, its General Partner By: By: Name: Xxxxxxx X. Xxxxxxx Name: Title: Vice President Title: Date: Date: (a) Landlord agrees to furnish or perform, at Landlord’s sole cost and expense, those items of construction and those improvements (the “Tenant Improvements”) as specified below: (i) Apply two (2) coats of flat white latex paint to warehouse walls (floor to ceiling, including insulation and exposed concrete wall) (ii) Prep and paint all garage doors using DTM latex paint (iii) Paint the interior of all metal doors and frames with industrial enamel and paint columns 10’ A.F.F. safety yellow/red (iv) Make necessary HVAC repairs to the A/C units in the warehouse to provide in good working condition (v) Remove the drywall from the northwest corner of the warehouse covering the corner glassed area and fix the water leaking through these windows from the outside (b) If Tenant shall desire any changes in the Tenant Improvements, Tenant shall so advise Landlord in writing and Landlord shall determine whether such changes can be made in a reasonable and feasible manner. Any and all costs of reviewing any requested changes, and any and all costs of making any changes to the Tenant Improvements which Tenant may request and which Landlord may agree to shall be at Tenant’s sole cost and expense and shall be paid to Landlord upon demand and before execution of the change order. (c) Landlord shall proceed with and complete the construction of the Tenant Improvements. As soon as such improvements have been Substantially Completed, Landlord shall notify Tenant in writing of the date that the Tenant Improvements were Substantially Completed. Such date, unless an earlier date is specified as the Commencement Date in this Lease or otherwise agreed to in writing between Landlord and Tenant, shall be the “Commencement Date,” unless the completion of such improvements was delayed due to any act or omission of, or delay caused by, Tenant including, without limitation, Tenant’s failure to approve plans, complete submittals or obtain permits within the time periods agreed to by the parties or as reasonably required by Landlord, in which case the Commencement Date shall be the date such improvements would have been completed but for the delays caused by Tenant. The Tenant Improvements shall be deemed substantially completed (“Substantially Completed”) when, in the reasonable opinion of the Landlord’s architect (whether an employee or agent of Landlord or a third party architect) (“Architect”), the Premises are substantially completed except for punch list items which do not prevent in any material way the use of the Premises for the purposes for which they were intended. In the event Tenant, its employees, agents, or contractors cause construction of such Tenant Improvements to be delayed, the date of Substantial Completion shall be deemed to be the date that, in the opinion of the Architect, Substantial Completion would have occurred if such delays had not taken place. Without limiting the foregoing, Tenant shall be solely responsible for delays caused by Tenant’s request for any changes in the plans, Tenant’s request for long lead items or Tenant’s interference with the construction of the Tenant Improvements (each of the foregoing, a “Tenant Delay”), and such Tenant Delays shall not cause a deferral of the Commencement Date beyond what it otherwise would have been. After the Commencement Date Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises. (d) The failure of Tenant to take possession of or to occupy the Premises shall not serve to relieve Tenant of obligations arising on the Commencement Date or delay the payment of Rent by Tenant. Subject to applicable ordinances and building codes governing Tenant’s right to occupy or perform in the Premises, Tenant shall be allowed to install its tenant improvements, machinery, equipment, fixtures, or other property on the Premises during the continuance final stages of an uncured default under completion of construction provided that Tenant does not thereby interfere with the completion of construction or cause any labor dispute as a result of such installations, and provided further that Tenant does hereby agree to indemnify, defend, and hold Landlord harmless from any loss or damage to such property, and all liability, loss, or damage arising from any injury to the Property, Building or the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such installations, EVEN IF SUCH LOSS, DAMAGE, LIABILITY, DEATH, OR PERSONAL INJURY WAS CAUSED SOLELY OR IN PART BY LANDLORD’S NEGLIGENCE OR STRICT LIABILITY, BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. Any such occupancy or performance in the Premises shall be in accordance with the provisions governing Alterations in the Lease, and Landlord’s obligation shall be subject to disburse Tenant providing to Landlord satisfactory evidence of insurance for personal injury and property damage related to such installations and satisfactory payment arrangements with respect to installations permitted hereunder. Delay in putting Tenant in possession of the Premises shall only resume when and if such default is cured. In no event shall not serve to extend the Moving Allowance be used term of this Lease or to make Landlord liable for any purpose other than costs and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Date, any unused amount shall accrue to the sole benefit of Landlord, it being understood that Tenant shall not be entitled to any credit, abatement or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with the Moving Allowancedamages arising therefrom.

Moving Allowance. Provided Tenant is not in default under shall be reimbursed by Landlord (within 30 days of receipt by Landlord of the Lease beyond any applicable notice and cure periods, Landlord agrees to contribute documentation set forth herein) up to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) 2.00 (the “Moving Allowance”Allowance “) toward per rentable square foot (which based on 2,741 rentable square feet equals $5,482.00 ) to reimburse Tenant for the actual expenses incurred by Tenant for the cost of Tenant to move to the Premises and/or Tenant’s cost for furniture, fixtures and direct out equipment for the Premises; said credit or payment to be provided upon Tenant providing to Landlord reasonable written documentation showing the costs incurred by Tenant for such item. EXECUTED, by Landlord and Tenant as of pocket cost the date first written above. TENANT: Evoke Pharma, Inc., a Delaware Corporation By: /s/ Xxxxxxx X’Xxxxxxx Title: EVP, CBO By: Title: LANDLORD: XXXXXXX/LOMAS, LLC, a California limited liability company By: /s/ Xxxxxxx Xxxxxxx 11/25/13 The following Rules and Regulations shall apply to the Project. Tenant agrees to comply with the same and to require its agents, employees, contractors, customers and invitees to comply with the same. Landlord shall have the right from time to time to reasonably amend or supplement these Rules and Regulations, and Tenant agrees to comply, and to require its agents, employees, contractors, customers and invitees to comply, with such amended or supplemented Rules and Regulations, provided that (but excluding a) notice of such amended or supplemental Rules and Regulations is given to Tenant, and (b) such amended or supplemental Rules and Regulations apply uniformly to all tenants of the Project. If Tenant or its subtenants, employees, agents, or invitees violate any indirect of these Rules and Regulations, resulting in any damage to the Project or collateral costsincreased costs of maintenance of the Project, or causing Landlord to incur expenses to enforce the Rules and Regulations, Tenant shall pay all such costs to Landlord as by way Additional Rent. In the event of exampleany conflict between the Lease and these or any amended or supplemental Rules and Regulations, the modification provisions of business cards the Lease shall control. 1. All garbage and refuse shall be disposed of in the Landlord-designated location outside of the Premises, shall be placed in the kind of container specified by Landlord, and shall be prepared for collection in the manner and at the times and places specified by Landlord. . Tenant shall not burn any trash or letterhead) garbage of Tenant’s move from its current facility any kind in or about the Premises. Landlord shall supply janitorial services to the Premises, on a five days a week basis at no additional cost to Tenant, Tenant shall not, without Landlord’s prior written consent, employ any person or persons other than Landlord’s janitorial service to clean the Premises. 2. No aerial, satellite dish, transceiver, or other electronic communication equipment shall be erected on the roof or exterior walls of the Premises, or in any other part of the Project, without Landlord’s prior written consent, which Landlord may or may not provide in its sole discretion. Any aerial, satellite dish, transceiver, or other electronic communication equipment so installed without Landlord’s prior written consent shall be subject to removal by Landlord without notice at any time and without liability to Landlord. 3. No loudspeakers, televisions, phonographs, radios, or other devices shall be used in a manner so as to be heard or seen outside of the Premises without Landlord’s prior written consent. Tenant shall conduct its business in a quiet and orderly manner so as not to create unnecessary or unreasonable noise. Tenant shall not cause or permit any obnoxious or foul odors that disturb the public or other occupants of the Project. If Tenant operates any machinery or mechanical equipment that causes noise or vibration that is transmitted to the structure or parts of the Project to such a degree as to be objectionable to Landlord or to any other occupant of the Project, Tenant shall install and maintain, at Tenant’s expense, such vibration eliminators or other devices sufficient to eliminate the objectionable noise or vibration. 4. Tenant shall keep the outside areas immediately adjoining the Premises clean and free from dirt, rubbish, delivered items and other materials to the satisfaction of Landlord. If Tenant fails to cause such outside areas to be maintained as required within twelve (12) hours after verbal notice that the same do not so comply, Tenant shall pay a fee equal to the greater of Fifty Dollars ($50.00) or the costs incurred by Landlord to clean up such outside areas. 5. Tenant shall not store any merchandise, inventory, equipment, supplies, finished or semi-finished products, raw materials or other articles of any nature outside the Premises without Landlord’s prior written consent. 6. Tenant and Tenant’s subtenants, employees, agents, or invitees shall park only the number of cars allowed under the Lease and only in those portions of the parking area designated for that purpose by Landlord. Upon request by Landlord, Tenant shall provide the license plate numbers of the cars of Tenant and Tenant’s employees in order to facilitate enforcement of this regulation. Tenant and Tenant’s employees shall not store vehicles or equipment in the parking areas, or park in such a manner as to block any of the accessways serving the Project and its occupants. 7. The Moving Allowance may only Premises shall not be used for lodging, sleeping, cooking, or for any immoral or illegal purposes, or for any purpose that will damage the stated purposePremises or the reputation thereof. Landlord reserves the right to expel from the Project any person who is intoxicated or under the influence of liquor or drugs or who shall act in violation of any of these Rules and Regulations. Tenant shall not conduct or permit any sale by auction on the Premises. No video, subject pinball, or similar electronic game machines of any description shall be installed, maintained or operated upon the Premises without the prior written consent of Landlord. 8. Neither Tenant nor Tenant’s employees or agents shall disturb, solicit, or canvas any occupant of the Project, and Tenant shall take reasonable steps to Section IV belowdiscourage others from doing the same. 9. Tenant shall not keep in, or allow to be brought into, the Premises or Project any pet, bird or other animal, other than “seeing-eye” dogs or other animals under the control of and specifically assisting any disabled person. 10. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement of the Moving Allowance is being requested have been fully performed. The Moving Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord plumbing facilities shall not be obligated to disburse any portion of the Moving Allowance during the continuance of an uncured default under the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used for any other purpose other than costs that for which they are constructed, and expenses relating to moving servicesno foreign substance of any kind shall be disposed of therein. In the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement DateThe expense of any breakage, any unused amount stoppage, or damage resulting from a violation of this provision shall accrue to the sole benefit of Landlord, it being understood that be borne by Tenant. Tenant shall not be entitled waste or use any excessive or unusual amount of water. 11. If required by circumstances unique to any creditTenant’s use and occupancy of the Premises, abatement or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxesuse, if anyat Tenant’s cost, payable in connection with the Moving Allowancesuch pest extermination contractor as Landlord may direct and at such intervals as Landlord may require.

Moving Allowance. Provided Within thirty (30) days following Landlord’s receipt of written invoices evidencing the following, provided Tenant is not in default under has accepted the Lease beyond any applicable notice Premises, delivered the Letter of Credit to Landlord and cure periodspaid the first installment of monthly Base Rent as required pursuant to the terms of this Lease, Landlord agrees to contribute reimburse Tenant for its actual and reasonable third party expenses incurred in moving to the Premises and performing the Preparation Work up to the sum of Fifty Thousand Three Hundred Four an amount not to exceed $131,810.00 (i.e., Five and No/100 Dollars ($50,304.005.00) per usable square foot of the Premises) (the “Moving Allowance”) toward the actual and direct out of pocket cost (but excluding any indirect or collateral costs, such as by way of example, the modification of business cards or letterhead) of Tenant’s move from its current facility ). In no event shall Landlord be required to the Premises. The Moving Allowance may only be used for the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to reimburse Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services within until thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in evidence reasonably satisfactory to Landlord that Tenant has incurred such moving services; and (2) the certification of Tenant, that the moving services for which disbursement of the Moving Allowance is being requested have been fully performed. The Moving Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion of the Moving Allowance during the continuance of an uncured default under the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used for any purpose other than costs and expenses relating to moving servicespaid them in full. In To the event extent Landlord is not appropriately invoiced by Tenant does not use on or before the entire Moving Allowance within sixty date which is one hundred twenty (60120) days following the Commencement Date, any unused amount shall accrue to Landlord will be relieved of all further obligations and liability under this Section 28. Landlord and Tenant have executed this Lease as of the sole benefit of Landlordday and year first above written. LANDLORD: ALISO VIEJO RP-V1, it being understood that LLC, a Delaware limited liability company By: Xxxxxx Summit V, LLC, a Delaware limited liability company Its: Member By: Name: Title: By: Gateway Aliso Viejo, L.P., a California limited partnership Its: Managing Member By: RREEF America, L.L.C., a Delaware limited liability company Its: Manager By: Name: Title: TENANT: AVANIR PHARMACEUTICALS, INC., a Delaware corporation By: Name: Title: By: Name: Title: If Tenant is a corporation incorporated in a state other than California, then Tenant shall not be entitled deliver to any credit, abatement or other concession Landlord a certified copy of a corporate resolution in connection therewith. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with a form reasonably acceptable to Landlord authorizing the Moving Allowancesignatory(ies) to execute this Lease.

Moving Allowance. Provided In addition to the Tenant is not in default under the Lease beyond any applicable notice and cure periodsImprovements, Landlord agrees to contribute shall provide an allowance of up to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.003.00) per rentable square foot of space in the Premises (i.e., 11,141 rentable square feet multiplied by $3.00 = $33,423.00) (the “Moving Allowance”), to reimburse Tenant for Tenant’s reasonable, actual documented third party costs of relocating to the Premises as well as telephone and data cabling and wiring in the Premises (the “Moving Costs”) toward or upon the actual timely receipt of invoices for work which is done as part of the Moving Allowance, Tenant will submit receipts and direct out of pocket cost (but invoices from third parties and any other evidence Landlord may reasonably request to justify such a disbursement, which will be paid directly to the third party from whom the invoice was generated, excluding any indirect or collateral costslate fees which may be incurred due to Tenant’s failure to timely submit invoices to Landlord, which late fees, if any, shall be Tenant’s responsibility to pay and shall not be paid from the Moving Allowance. Tenant shall not be entitled to such as by way a reimbursement if Tenant is in Default under the Lease beyond the expiration of example, any applicable notice and cure period at the modification of business cards or letterhead) time of Tenant’s move from its current facility to request for reimbursement under the PremisesMoving Allowance. The Moving Allowance may only be used Tenant’s written request for the stated purposereimbursement, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at or for Landlord’s optionpayment directly to third parties, to as the order of the contractor that performed that portion of the moving services within thirty (30) days following receipt case may be, accompanied by invoices and such other documentation reasonably requested by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement of its eligible Moving Costs from the Moving Allowance is being requested have been fully performed. The Moving Allowance shall must be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein submitted to the contrary, Landlord shall not be obligated prior to disburse any portion of the Moving Allowance during the continuance of an uncured default under the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used for any purpose other than costs and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty one hundred twenty (60120) days following the Commencement Date, any or Landlord sha ll have no further obligation to make such a reimbursement hereunder. Tenant’s Moving Costs in excess of the Moving Allowance shall paid by Tenant from another source of funds. In the event Tenant’s Moving Costs are less than the Moving Allowance, the unused amount shall accrue to portion of the sole benefit of Landlord, it being understood that Tenant Moving Allowance shall not be entitled paid or refunded to Tenant or available to Tenant as a credit against any credit, abatement or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with of Tenant’s obligations under the Moving AllowanceLease.

Moving Allowance. Provided Tenant is not in default under In consideration of the execution of this Lease beyond any applicable notice and cure periodsby Tenant, Landlord agrees to contribute up shall reimburse Tenant the actual out-of-pocket expenses incurred by Tenant in connection with Tenant’s move to the sum of Fifty Thousand Three Hundred Four Premises, which expenses shall (a) be limited to moving costs, furniture, fixtures and No/100 Dollars equipment, and telecommunications and cabling costs and (b) not exceed $50,304.00) 50,000.00 in the aggregate (the “Moving Allowance”) toward the actual and direct out of pocket cost (but excluding any indirect or collateral costs), such as by way of example, the modification of business cards or letterhead) of Tenant’s move from its current facility provided that Tenant may elect to the Premises. The Moving Allowance may only be used for the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement of the Moving Allowance is being requested have been fully performed. The Moving Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse apply any portion of the Moving Allowance during toward the continuance increased cost of an uncured default under the Tenant Improvements resulting from Changes (as defined in the Work Letter) requested by Tenant. Tenant agrees that all such expenses shall be supported by paid invoices. The reimbursement shall be paid by Landlord within 30 days following receipt of those invoices, but in no event sooner than the Commencement Date of the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall Tenant agrees that any portion of the Moving Allowance be used for any purpose other than costs and expenses relating not utilized by Tenant, as evidenced in third party invoices submitted to moving services. In Landlord, by the event Tenant does not use the entire Moving Allowance within sixty (60) days following date that is 12 months after the Commencement Date, any unused amount shall accrue inure to the sole benefit of Landlord, it being understood that Landlord and Tenant shall not be entitled to any creditcredit or payment for such savings. The capitalized terms used and not otherwise defined in this Exhibit shall have the same definitions as set forth in the Lease. The provisions of this Exhibit shall supersede any inconsistent or conflicting provisions of the Lease. 1. Landlord has been informed that the El Toro Marine Corps Air Station (MCAS) has been listed as a Federal Superfund site as a result of chemical releases occurring over many years of occupancy. Various chemicals including jet fuel, abatement motor oil and solvents have been discharged in several areas throughout the MCAS site. A regional study conducted by the Orange County Water District has estimated that groundwaters beneath more than 2,900 acres have been impacted by Trichloroethylene (TCE), an industrial solvent. There is a potential that this substance may have migrated into the ground water underlying the Premises. The U.S. Environmental Protection Agency, the Santa Xxx Regional Water Quality Control Board, and the Orange County Health Care Agency are overseeing the investigation/cleanup of this contamination. To the Landlord's current actual knowledge, the ground water in this area is used for irrigation purposes only, and there is no practical impediment to the use or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with occupancy of the Moving AllowancePremises due to the El Toro discharges.

Moving Allowance. Provided Tenant is not in default under In consideration of the execution of this Lease beyond any applicable notice and cure periodsby Tenant, Landlord agrees shall reimburse to contribute up Tenant the actual out-of-pocket expenses incurred by Tenant in connection with Tenant's move to the sum Premises, which expenses shall include all moving and telephone relocation charges, purchase and installation of furniture systems, and ancillary expenditures such as stationery revisions. Tenant agrees that all such expenses shall be supported by paid invoices, and the total thereof shall not exceed Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) (the “Moving Allowance”) toward the actual and direct out of pocket cost (but excluding any indirect or collateral costs, such as by way of example, the modification of business cards or letterhead) of Tenant’s move from its current facility to the Premises50,000.00). The Moving Allowance may only be used for the stated purpose, subject to Section IV below. The Moving Allowance reimbursement shall be paid to Tenant orby Landlord in a single installment within fifteen (15) days following receipt of all such invoices, at Landlord’s option, to but in no event sooner than the order Commencement Date of the contractor Lease. Landlord agrees that performed that any portion of the moving services within thirty (30) days following receipt allowance not utilized by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement as evidenced in third party invoices submitted to Landlord, as of the Moving Allowance is being requested have been fully performed. The Moving Allowance Commencement Date of this Lease shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein inure to the contrary, Landlord shall not be obligated to disburse any portion of the Moving Allowance during the continuance of an uncured default under the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used for any purpose other than costs and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Date, any unused amount shall accrue to the sole benefit of Landlord, it being understood that Landlord and Tenant shall not be entitled to any creditcredit or payment for such savings. LANDLORD: TENANT: THE IRVINE COMPANY XXXXXXXX COFFEE, abatement INC. By /s/ XXXXXXXX X. XXXXXX By /s/ XXXXX X. XXXXXXX Xxxxxxxx X. Xxxxxx Executive Vice President Printed Name Xxxxx X. Xxxxxxx Title PRESIDENT/CEO By /s/ XXXXXXX X. XXXXXXX By /s/ XXXXXXX X. XXXXXXXXXX Xxxxxxx X. Xxxxxxx President, Office Properties Printed Name Xxxxxxx X. XxXxxxxxxx Title EVP, CFO The following standards for utilities and services shall be in effect at the Building. Landlord reserves the right to adopt nondiscriminatory modifications and additions to these standards. In the case of any conflict between these standards and the Lease, the Lease shall be controlling. Subject to all of the provisions of the Lease, including but not limited to the restrictions contained in Section 6.1, the following shall apply: 1. Landlord shall make available to the Premises during the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, and upon weekly request by Tenant, from 8:00 a.m. to 1:00 p.m. on Saturday ("Building Hours"), generally recognized national holidays excepted, reasonable HVAC services. Subject to the provisions set forth below, Landlord shall also furnish the Building with elevator service (if applicable), reasonable amounts of electric current for normal lighting by Landlord's standard overhead fluorescent and incandescent fixtures and for the operation of office equipment consistent in type and quantity with that utilized by typical office tenants of the Building and Project, and water for lavatory purposes. Tenant will not, without the prior written consent of Landlord, connect any apparatus, machine or device with water pipes or electric current (except through existing electrical outlets in the Premises) for the purpose of using electric current or water. Because the Building systems have been designed for normal occupancy of approximately four persons per one thousand usable square feet, Tenant understands that excess occupancy of the Premises may result in excessive use of power and other concession services and may inhibit the efficient cooling of the Premises. This paragraph shall at all times be subject to applicable governmental regulations. 2. Upon written request from Tenant delivered to Landlord at least 24 hours prior to the period for which service is requested, but during normal business hours, Landlord will provide any of the foregoing building services to Tenant at such times when such services are not otherwise available. Tenant agrees to pay Landlord for those after-hour services at rates that Landlord may establish from time to time, which rates shall be consistent with those charged by landlords of comparable office projects in connection therewiththe area. If Tenant requires electric current in excess of that which Landlord is obligated to furnish under this Exhibit B, Tenant shall first obtain the consent of Landlord, and Landlord may cause an electric current meter to be installed in the Premises to measure the amount of electric current consumed. The cost of installation, maintenance and repair of the meter shall be paid for by Tenant, and Tenant shall reimburse Landlord promptly upon demand for all electric current consumed for any special power use as shown by the meter. The reimbursement shall be at the rates charged for electrical power by the local public utility furnishing the current, plus any additional expense incurred in keeping account of the electric current consumed. 3. Landlord shall furnish water for drinking, personal hygiene and lavatory purposes only. If Tenant requires or uses water for any purposes in addition to ordinary drinking, cleaning and lavatory purposes, Landlord may, in its discretion, Install a water meter to measure Tenant's water consumption. Tenant shall pay Landlord for the cost of the meter and the cost of its installation, and for consumption throughout the duration of Tenant's occupancy. Tenant shall keep the meter and installed equipment in good working order and repair at Tenant's own cost and expense, in default of which Landlord may cause the meter to be replaced or repaired at Tenant's expense. Tenant agrees to pay for water consumed, as shown on the meter and when bills are rendered, and on Tenant's default in making that payment Landlord may pay the charges on behalf of Tenant. Any costs or expenses or payments made by Landlord for any of the reasons or purposes stated above shall be deemed to be additional rent payable by Tenant to Landlord upon demand. 4. In the event that any utility service to the Premises is separately metered or billed to Tenant, Tenant shall pay all charges for that utility service to the Premises and the cost of furnishing the utility to tenant suites shall be excluded from the Operating Expenses as to which reimbursement from Tenant is required in the Lease. If any utility charges are not paid when due Landlord may pay them, and any amounts paid by Landlord shall immediately become due to Landlord from Tenant as additional rent. If Landlord elects to furnish any utility service to the Premises. Tenant shall purchase its requirements of that utility from Landlord as long as the rates charged by Landlord do not exceed those which Tenant would be required to pay if the utility service were furnished it directly by a public utility. 5. Landlord shall provide janitorial services five days per week, equivalent to that furnished in comparable buildings, and window washing as reasonably required; provided, however, that Tenant shall pay for any additional or unusual janitorial services required by reason of any nonstandard improvements in the Premises, including without limitation wall coverings and floor coverings installed by or for Tenant, or by reason of any use of Premises other than exclusively as offices. The cleaning services provided by Landlord shall also exclude refrigerators, eating utensils (plates, drinking containers and silverware), and interior glass partitions. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish, to the extent that they exceed the refuse and rubbish usually attendant with general office usage. 6. Tenant shall have access to the Building 24 hours per day, 7 days per week, 52 weeks per year; provided that Landlord may install access control systems as it deems advisable for the Building. Such systems may, but need not, include full or part-time lobby supervision, the use of a sign-in sign-out log, a card identification access system, building parking and access pass system, closing hours procedures, access control stations, fire stairwell exit door alarm system, electronic guard system, mobile paging system, elevator control system or any other access controls. In the event that Landlord elects to provide any or all of those services, Landlord may discontinue providing them at any time with or without notice. Landlord may impose a reasonable charge for access control cards and/or keys issued to Tenant. Landlord shall have no liability to Tenant for the provision by Landlord of improper access control services, for any breakdown in service, or for the failure by Landlord to provide access control services. Tenant further acknowledges that Landlord's access systems may be temporarily inoperative during building emergency and system repair periods. Tenant agrees to assume responsibility for compliance by its employees with any regulations established by Landlord with respect to any card key access or any other system of building access as Landlord may establish. Tenant shall be responsible liable to Landlord for all applicable state sales any loss or damage resulting from its or its employees use taxes, if any, payable in connection with the Moving Allowanceof any access system.

Moving Allowance. Provided that the Initial Improvements have been substantially completed in accordance with this Tenant is not in default Improvements Agreement and Tenant has occupied the Premises and all Work has been paid for, and provided that no Event of Default shall then exist under this Lease, to the extent there remain excess funds available under the Lease beyond any applicable notice and cure periodsConstruction Allowance, Landlord agrees shall pay to contribute up Tenant, upon Tenant's written request, a moving allowance (the "Moving Allowance") in an amount equal to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) (the “Moving Allowance”) toward the actual and direct out of pocket cost (but excluding any indirect or collateral costs, such as relocation costs incurred by way of example, the modification of business cards or letterhead) of Tenant in moving from Tenant’s move from its 's current facility location to the Premises. The Moving Allowance may only be used for the stated purpose, subject to Section IV belowBuilding. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services within thirty (30) days following receipt by Landlord the later of (1i) receipted bills covering all labor and materials expended and used the date upon which Tenant actually commences the conduct of its business in such moving services; the Premises, and (2ii) the certification of Tenant, that the moving services date on which all supporting invoices have been submitted to Landlord. All requests for which disbursement of the Moving Allowance is being requested have been fully performedmust be supported by invoices and paid receipts or other evidence of relocation cost reasonably satisfactory to Landlord. The Moving Allowance As used herein, the term "relocation costs" shall mean sums paid for professional movers, printing of new stationery and business cards, cabling and phone installation costs, and such other reasonably related costs and expenses as shall be disbursed in the amount reflected on the receipted bills meeting the requirements aboveapproved by Landlord. Notwithstanding anything herein to the contrary, Landlord shall not be obligated Landlord's obligation to disburse any portion of fund the Moving Allowance during shall terminate and be of no further force or effect with respect to any written request for payment (and supporting invoices) not received by Landlord on or before December 31, 1999. Any relocation costs for which a request for payment (and supporting invoices) is not received by Landlord on or before the continuance Completion Deadline shall be borne by Tenant without any right of an uncured default under the Lease, and reimbursement from Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall Landlord be obligated to pay the Moving Allowance be used for or any purpose other than costs and expenses relating to moving services. In portion thereof beyond the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Date, any unused amount shall accrue to the sole benefit of Landlord, it being understood that Tenant shall not be entitled to any credit, abatement or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxesfunds available, if any, payable in connection with the Moving Construction Allowance.

Moving Allowance. Provided Tenant is not in default under Subject to the Lease beyond any applicable notice conditions and cure periodslimitations hereinafter provided, Landlord agrees to contribute up to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars shall provide Tenant an amount ($50,304.00) (the “Moving Allowance”) toward equal to the actual amount of any unused portion of the allowance set forth in Section 9 of the TI Outline Plans and direct out of pocket cost Specifications, not to exceed One Million and 00/100 Dollars (but excluding any indirect or collateral costs$1,000,000.00), such as by way of example, the modification of business cards or letterhead) of for Tenant’s move from its current facility actual, out-of-pocket moving and relocation costs and expenses incurred in connection with relocating Tenant’s business to the Demised Premises. The Moving Allowance may only be used for the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at payable within ten (10) business days following completion of Landlord’s option, to the order final accounting of the contractor that performed that unused portion of the moving services within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used allowance set forth in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement Section 9 of the Moving Allowance is being requested have been fully performed. The Moving Allowance TI Outline Plans and Specifications (which final accounting shall be disbursed in undertaken as soon as reasonably practicable following Substantial Completion), without regard to whether Tenant is exercising the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion offset rights permitted by Section 20.22.4 of the Moving Allowance during the continuance of an uncured default under the this Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used for or any purpose other than costs and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Datepermitted offset right under this Lease, any unused amount shall accrue to the sole benefit of Landlord, it being understood provided that Tenant shall not be entitled to any creditreceive payment of the Moving Allowance except upon and until taking occupancy and opening for business in more than fifty percent (50%) of the rentable square feet of office space in the Demised Premises, abatement or other concession in connection therewithit being understood that such occupancy and opening requirement shall not apply to payment of the Inducement Allowance. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with If such actual out-of-pocket moving and relocation costs and expenses exceed the Moving Allowance, then the amount of such excess shall be paid by Tenant and Landlord shall have no obligation to reimburse Tenant for any such excess amount.

Moving Allowance. Provided Tenant is not in default under the Lease beyond any applicable notice and cure periodsLease, Landlord agrees Tenant shall be entitled to contribute a moving allowance in the amount of up to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) 15,000.00 (the “Moving Allowance”) toward the actual and direct out cost of pocket cost (but excluding any indirect or collateral costsmoving from its existing location into the Premises, such as by way of exampleincluding, without limitation, the modification cost of business cards or letterhead) of telephone, data and computer cabling, consulting fees, reprinting stationery on hand, moving Tenant’s move from its current facility to furniture, equipment and other personal property into the PremisesPremises (“Moving and Relocation Costs”). The Moving Allowance may only be used for the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement of the Moving Allowance is being requested have been fully performed. The Moving Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any Any unused portion of the Moving Allowance during the continuance of an uncured default under the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used for any purpose other than costs and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Date, any unused amount shall accrue to the sole benefit of Landlord, it being understood and agreed that Tenant shall not be entitled to receive any credit, credit or abatement or other concession in connection therewith. Landlord shall disburse the Moving Allowance, or applicable portion thereof, to Tenant within forty-five (45) days after the later to occur of (i) receipt of invoices from Tenant with respect to Tenant’s actual Moving and Relocation Costs, and (ii) the Commencement Date. However, in no event shall Landlord have any obligation to disburse any portion of the Moving Allowance after the date which is three (3) months after the Commencement Date. This Exhibit is attached to and made a part of the Lease by and between CA-GATEWAY OFFICE LIMITED PARTNERSHIP (“Landlord”) and AUDIOCODES, INC. (“Tenant”) for space in the Building located at 0000 Xxxxxxx Xxxxx, Xxx Xxxx, Xxxxxxxxxx. 1. During the initial Term, Tenant agrees to lease from Landlord and Landlord agrees to lease to Tenant a total of 29 unreserved parking spaces and 0 reserved spaces (collectively, the “Spaces”), for the use of Tenant and its employees, in the parking facility owned by Landlord that serves the Building (the “Parking Facility”), and if the Parking Facility includes a garage, then such Spaces may be in, or on the roof of, such garage. No deductions or allowances shall be made for days when Tenant or any of its employees does not utilize the Parking Facility or for Tenant utilizing less than all of the Spaces. Tenant shall be responsible for all not have the right to lease or otherwise use more than the number of reserved and unreserved Spaces set forth above. 2. During the initial Term, Tenant shall pay Landlord, as Additional Rent in accordance with Section 4 of the Lease, the sum of $0.00 per month, plus applicable state sales or use taxestax thereon, if any, payable for each unreserved Space leased by Tenant hereunder, and the sum of $0.00 per month, plus applicable tax thereon, if any, for each reserved Space leased by Tenant hereunder, as such rates may be adjusted from time-to-time to reflect the then current rate for parking in connection with the Moving AllowanceParking Facility. 3. Except for particular spaces and areas designated by Landlord or the Operator (as defined in paragraph 10, below) for reserved parking, all parking in the Parking Facility shall be on an unreserved, first-come, first-served basis.

Moving Allowance. Provided a material default has not occurred under this Lease and Tenant is not in default has performed all its obligations under the this Lease beyond (exclusive of any applicable notice and cure periodsperiod), Landlord agrees to contribute up to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) shall provide Tenant a moving allowance (the “Moving Allowance”) toward in the actual and direct out amount of pocket up to $5.00 per rentable square foot in the Premises (i.e., $34,120.00) for moving to the Premises and/or for the cost of the Eyebrow Sign (but excluding any indirect or collateral costsas hereinafter defined). Within 30 days of the Commencement Date, such as by way of example, Tenant shall provide Landlord with written invoices from unaffiliated third parties evidencing to Landlord’s satisfaction that the modification of business cards or letterhead) of Tenantinvoices are related to reasonable expenses actually incurred in connection with Txxxxx’s move from its current facility to the PremisesPremises and/or for the cost of the Eyebrow Sign, including the installation of wiring and cabling in the Premises (the “Moving Invoices”). The If Landlord is obligated to provide Tenant the Moving Allowance, Landlord shall pay the Moving Invoices in an amount up to the Moving Allowance. If Landlord is not obligated to provide Tenant the Moving Allowance may only be used for (or if the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement amount of the Moving Allowance is being requested have been fully performed. The Invoices exceeds the Moving Allowance shall be disbursed in Allowance), Tenant immediately pay the Moving Invoices or the amount reflected on of the receipted bills meeting Moving Invoices in excess of the requirements aboveMoving Allowance, as applicable. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any Any portion of the Moving Allowance during which remains unspent as of the continuance of an uncured default under the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used for any purpose other than costs and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty (60) days 30th day following the Commencement Date, any unused amount shall accrue to the sole benefit of Landlord, it being understood that Tenant shall not be entitled to any credit, abatement or other concession in connection therewith. Tenant Date shall be responsible for all applicable state sales retained by Landlord without credit or use taxes, if any, payable in connection with the Moving Allowancereimbursement to Tenant.

Moving Allowance. Provided Tenant is not in default Default under the Lease beyond any applicable notice and cure periodsthis Lease, Landlord agrees to contribute shall provide Tenant with an allowance of up to $10.00 per rentable square foot (i.e., up to $245,790.00, based upon the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00Premises containing 24,579 rentable square feet) (the “"Moving Allowance”") toward the towards reimbursement of Tenant's actual and direct out of reasonable out-of-pocket cost (but excluding any indirect or collateral furniture, fixtures and equipment, IT/telecommunication costs, security systems, project management, design and moving and relocation costs (collectively "Moving Costs") or towards payment of any Over-Allowance Amount (as defined in the Tenant Work Letter); provided, in no event will any Moving Allowance be used to pay for Tenant's artifacts, equipment, telephone systems or any other item of personal property, and further provided that Tenant submits to Landlord copies of contracts, lien releases, receipts and invoices (and to the extent requested by Landlord, other back-up documentation) evidencing such as by way of exampleMoving Costs and Tenant's payment in full therefor (collectively, the modification of business cards or letterhead"Cost Documentation"). Tenant shall submit to Landlord within six (6) of Tenant’s move from its current facility to months following the Premises. The Lease Commencement Date (the "Moving Allowance may only be used Date"), one or more invoices for the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to Costs accompanied by the order of the contractor Cost Documentation and/or a request that performed that portion of the moving services within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement of the Moving Allowance is being requested have been fully performed. The Moving Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse apply any unused portion of the Moving Allowance during towards the continuance payment of an uncured default under any Over-Allowance Amount (the Lease, and Landlord’s obligation "Moving Allowance Disbursement Request"). If Tenant fails to disburse shall only resume when and if such default is cured. In no event shall submit the Moving Allowance be used for any purpose other than costs and expenses relating Disbursement Request to moving services. In Landlord by the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Date, any unused amount shall accrue to the sole benefit of Landlord, it being understood that Tenant shall not be entitled to any credit, abatement or other concession in connection therewith. Tenant shall be responsible for deemed to have waived all applicable state sales or use taxes, if any, payable right and interest in connection with the and to any Moving Allowance.

Moving Allowance. Provided Tenant is not in default under the Lease beyond any applicable notice and cure periods, Landlord agrees to contribute The Company shall provide Employee with a moving allowance of up to a maximum of $65,000.00. The allowance shall be provided to Employee as follows: (i) up to $15,000.00 for expenses directly related to and incurred incident to Employee's travel, lodging and meal expenses for house hunting related activities in the sum Greater Cincinnati area and for a professional moving company to transport Employee's personal property from his current Michigan residence to his new residence in the Greater Cincinnati area. All such expenses shall be documented, substantiated, and directly billed to the Company by a third party in order for such expenses to be paid for under this Section 6(f)(i). Employee understands, agrees and acknowledges that he shall be responsible for obtaining three (3) competitive bids for the professional moving services contemplated hereunder , that Employee shall provide copies of Fifty Thousand Three Hundred Four such bids to Company and No/100 Dollars that Employee shall contract the services of the best and lowest professional bidder. In no event, however, shall the allowance for the above referenced expenses exceed $15,000.00. (ii) Up to $50,304.00) (50,000.00 in the “Moving Allowance”) toward the actual and direct form of reimbursement to Employee for real estate agent/broker commissions related to or arising out of pocket cost (but excluding any indirect the sale of Employee's current Michigan residence and closing costs incurred by Employee incident to the closing on the sale of his current Michigan residence and/or closing and financing costs incurred by Employee incident to the closing on the purchase of his new residence in the Greater Cincinnati area. All such commissions and/or closing costs must be submitted to Company by Employee for reimbursement, along with copies of Settlement Statements or collateral costs, such as by way of exampleother closing documents that substantiate Employee's claim for reimbursement under this Section 6(f)(ii). In addition, the modification Company understands that Employee shall provide it with a statement of business cards or letterhead) of Tenant’s move from its current facility such amounts, along with an analysis that includes the grossed up tax effect on such sums in order for Employee to the Premises. The Moving Allowance may only be used for the stated purposeclaim, subject to the $50,000.00 cap stated above, reimbursement from the Company under this Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to 6(f)(ii) for the order of the contractor that performed that portion of the moving services within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement of the Moving Allowance is being requested have been fully performed. The Moving Allowance shall be disbursed in the amount reflected taxes on the receipted bills meeting the requirements above. Notwithstanding anything herein underlying reimbursements made to the contraryEmployee hereunder for commission, Landlord shall not be obligated to disburse any portion of the Moving Allowance during the continuance of an uncured default under the Lease, closing and Landlord’s obligation to disburse shall only resume when and if such default is curedfinancing costs. In no event shall the Moving Allowance be used reimbursement that Employee is eligible for any purpose other than costs and expenses relating to moving services. under this Section 6(f)(ii) exceed $50,000.00. (iii) In the event Tenant does not use Employee voluntarily terminates his employment with Pomeroy within one (1) yexx xxxx the entire Moving Allowance within sixty (60) days following the Commencement Datedate of this Agreement, any unused amount shall accrue to the sole benefit of LandlordEmployee understands, it being understood acknowledges and agrees that Tenant shall not be entitled to any credithe must reimburse Pomeroy, abatement or other concession in connection therewith. Tenant shall be responsible full, for all applicable state sales xxxxxnts made to or use taxes, if any, payable in connection with on behalf of Employee by the Moving AllowanceCompany under this Section 6(f).

Moving Allowance. Provided Subject to the limitations set forth below, and provided Tenant is has not committed a default as defined in default under Section 13 of the Lease beyond that Tenant fails to cure during any applicable notice cure period and cure periodsprovided further that Tenant has occupied the Premises, Landlord agrees shall make available to contribute Tenant an allowance of up to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) 72,368.00 (the “Moving Allowance”) toward to reimburse Tenant for the actual out-of-pocket costs it pays to unrelated third parties in order to move furniture, equipment and direct out of pocket cost (but excluding any indirect or collateral costs, such as by way of example, the modification of business cards or letterhead) of Tenant’s move from its current facility other personal property to the Premises, to install furniture systems in the Premises, to install telephone and data cabling in the Premises and to pay related costs (collectively, “Moving Expenses”). The If Tenant desires to use the Moving Allowance may only be used to reimburse itself for Moving Expenses, Tenant shall provide to Landlord bills, invoices and other information reasonably acceptable to Landlord to document monies paid by Tenant for Moving Expenses, and Landlord shall reimburse Tenant for such amounts up to the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services within thirty (30) days following receipt by Landlord after receiving such information. Tenant shall only have the right to make one request for the reimbursement of Moving Expenses (1the “Reimbursement Request”) receipted bills covering and the Reimbursement Request shall include all labor and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services Moving Expenses for which disbursement Tenant requests reimbursement. Landlord shall have no obligation to reimburse Tenant for any Moving Expense that is not included in the Reimbursement Request. If the Reimbursement Request requests payment of less than all of the Moving Allowance is being requested have been fully performed. The Moving Allowance shall be disbursed in Allowance, the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any unused portion of the Moving Allowance during shall be retained by Landlord, or may be used to pay Associated Costs (as defined in the continuance of an uncured default under the LeaseWork Letter Agreement, and Landlord’s subject to the requirements of the Work Letter Agreement). If the Reimbursement Request is not received by Landlord on or before February 15, 2013, Landlord shall have no obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used reimburse Tenant for any purpose other than costs Moving Expenses and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Date, any unused amount Landlord shall accrue to the sole benefit of Landlord, it being understood that Tenant shall not be entitled to any credit, abatement or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with retain the Moving Allowance.

Moving Allowance. Provided Tenant is not in default under In consideration of the execution of this Lease beyond any applicable notice and cure periodsby Tenant, Landlord agrees shall reimburse to contribute up Tenant an amount not to the sum of Fifty Thousand Three exceed One Hundred Four and No/100 Nineteen Thousanx Xxxx Hundred Twenty-Five Dollars ($50,304.00119,425.00) (for the “Moving Allowance”) toward the actual and direct out of pocket cost (but excluding any indirect or collateral costspocket” charges and costs reasonably incurred by Tenant in connection with Tenant’s move to the Premises, such as by way of examplewhich charges and costs shall include, without limitation, movinx xxx telephone and cabling relocation charges, costs incurred for the modification of business cards or letterhead) installation of Tenant’s signage on the Building, charges incurred in connection with the change of the Building address from 430 N. McCarthy Blvd. to 490 N. McCarthy Blvd., up to a maximum of Ten Thousand Dollars ($10,000.00), xxxxx xxr equipmenx xx xxxxxxxxx purchases, costs of tenant improvements installed by Tenant pursuant to Section 7.3 and stationery costs incurred by Tenant in connection with its move from its current facility to the Premises. The Moving Allowance may only be used Landlord shall reimburse Tenant for the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services such charges and costs within thirty (30) days following receipt of Tenant’s written request accompanied by invoices or other reasonably May 5, 2005 701423328v1 detailed evidence of Tenant’s expenditure of such charges and costs; provided, however, that all such request(s) for xxxxxursement must be received by Landlord not later than June 30, 2006 to be eligible for reimbursement by Landlord as provided in this Section 22.7. LANDLORD: TENANT: THE IRVINE COMPANY CALIFORNIA MICRO DEVICES CORPORATION, a California corporation By: /s/ Steven M. Case By: /s/R.Gregorx Xxxxxx Steven X. Xxxx, Xxxxxx Vice President R. Gregory Mixxxx Xxxxxxx, Office Properties Chief Financial Officer By: /s/ Christopher J. Popma By: Christopher J. Popma, Vice President Xxxxxxxxns, Office Properties May 5, 2005 701423328v1 EXHIBIT B THE IRVINE COMPANY – INVESTMENT PROPERTIES GROUP HAZARDOUS MATERIAL SURVEY FORM The purpose of this form is to obtain information regarding the use of hazardous substances on Investment Properties Group (1“IPG”) receipted bills covering all labor property. Prospective tenants and materials expended and used contractors should answer the questions in such moving services; and (2) the certification light of Tenant, that the moving services for which disbursement of the Moving Allowance is being requested have been fully performed. The Moving Allowance shall be disbursed in the amount reflected their proposed activities on the receipted bills meeting premises. Existing tenants and contractors should answer the requirements abovequestions as they relate to ongoing activities on the premises and should update any information previously submitted. Notwithstanding anything herein If additional space is needed to answer the questions, you may attach separate sheets of paper to this form. When completed, the form should be sent to the contraryfollowing address: THE IRVINE COMPANY MANAGEMENT OFFICE 690 N. McCarthy Blvd., Landlord shall not be obligated to disburse Suite 100 Milpitas, CA 95035 Your cooperation in this mattxx xx xxxxxxxxxxx. If you have any portion of the Moving Allowance during the continuance of an uncured default under the Leasequestions, and Landlord’s obligation to disburse shall only resume when and if such default is cured. In no event shall the Moving Allowance be used please call your property manager at (949) 720-4400 for any purpose other than costs and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Date, any unused amount shall accrue to the sole benefit of Landlord, it being understood that Tenant shall not be entitled to any credit, abatement or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with the Moving Allowanceassistance.

Moving Allowance. Provided Tenant is not in default under the Lease beyond any applicable notice and cure periods, Landlord agrees shall be entitled to contribute up to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) an allowance (the “"Moving Allowance”") toward in an amount equal to $5.00 for each rentable square foot of the actual Premises to be utilized by Tenant for "Moving Costs," as that term is defined, below. In no event shall Landlord be obligated to disburse any portion of the Moving Allowance for any purpose other than reimbursement for reasonable out-of-pocket costs and direct out of pocket cost (but excluding any indirect or collateral costs, such as expenses actually incurred by way of example, the modification of business cards or letterhead) of Tenant’s move from Tenant in physically relocating and commencing its current facility operations to the Premises, costs of the purchase and installation of communications and technology infrastructure for the Premises, and costs of acquisition and installation of furniture for the Premises (collectively, "Moving Costs"). The Provided that the Lease Commencement Date has occurred and that Tenant has completed the relocation of Tenant's business to the Premises, Landlord shall disburse the Moving Allowance may only be used for the stated purpose, subject to Section IV below. The Moving Allowance shall be paid to Tenant or, at Landlord’s option, to the order of the contractor that performed that portion of the moving services Costs within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor invoices and materials expended and used in such moving services; and (2) the certification of Tenant, that the moving services for which disbursement of other documentation as Landlord may reasonably request with respect to the Moving Allowance is being requested have been fully performedCosts. The Moving Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not only be obligated to disburse any portion of the Moving Allowance during to the continuance of an uncured default under the Lease, and Landlord’s obligation to disburse shall only resume when and if extent such default is curedcosts are incurred by Tenant. In no event shall the Moving Allowance provided for herein be used for available to Tenant as a credit against Rent or other amounts owing to Landlord pursuant to the Lease or in any purpose manner other than costs and expenses relating to moving servicesas expressly provided herein. Further, in no event shall Landlord's disbursements hereunder exceed the Moving Allowance. In the event that Tenant does not use shall fail to utilize the entire Moving Allowance (or to submit documentation for payment as required hereunder) within sixty one hundred twenty (60120) days following the Lease Commencement Date, any then such unused amount amounts shall accrue revert to the sole benefit of Landlord, it being understood that Landlord and Tenant shall not be entitled to any credit, abatement or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection have no further rights with the Moving Allowancerespect thereto.

Moving Allowance. Provided Tenant is not in default under the Lease beyond any applicable notice and cure periods, Landlord agrees to contribute up Notwithstanding anything to the sum of Fifty Thousand Three Hundred Four and No/100 Dollars ($50,304.00) (the “Moving Allowance”) toward the actual and direct out of pocket cost (but excluding any indirect or collateral costscontrary set forth in this Section 2, such as by way of example, the modification of business cards or letterhead) of Tenant’s move from its current facility to after Tenant occupies the Premises. The Moving Allowance may only be used for the stated purpose, subject to Section IV below. The Moving Allowance Tenant shall be paid entitled to Tenant or, at Landlord’s option, to the order of the contractor that performed that utilize a portion of the moving services within thirty (30) days following receipt unused Tenant Improvement Allowance, if any, but in no event, when aggregated with the amounts disbursed by Landlord of for Architect and Engineers Fees, in an amount which exceeds the Soft Cost Cap, as an allowance (1the "MOVING ALLOWANCE") receipted bills covering all labor and materials expended and used in such for Tenant's moving services; and (2) the certification of Tenant, that the moving services for which disbursement of the Moving Allowance is being requested have been fully performedexpenses. The Moving Allowance In no event shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion of the Moving Allowance during for any purpose other than reimbursement for out-of-pocket costs and expenses actually incurred by Tenant in relocating to the continuance Premises (collectively, "TENANT'S MOVING EXPENSES"). After the occurrence of an uncured default under the LeaseLease Commencement Date and the completion of the relocation of Tenant's business to the Premises, Landlord shall disburse the Moving Allowance for Tenant's Moving Expenses upon receipt by Landlord of invoices marked as having been paid or other evidence in form and Landlord’s obligation content satisfactory to Landlord in support of such costs and expenses and Tenant's payment thereof. Landlord shall only be obligated to disburse shall only resume when and if such default any component of the Moving Allowance to the extent the same is curedexpended by Tenant. In no event shall the Moving Allowance provided for herein be used for available to Tenant as a credit against rent or other amounts owing to Landlord pursuant to the Lease or in any purpose manner other than costs and expenses relating to moving services. In the event Tenant does not use the entire Moving Allowance within sixty (60) days following the Commencement Date, any unused amount shall accrue to the sole benefit of Landlord, it being understood that Tenant shall not be entitled to any credit, abatement or other concession in connection therewith. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with the Moving Allowanceas expressly provided herein.