Common use of Outside Area Clause in Contracts

Outside Area. Subject to the terms and conditions contained in this Section 15.17 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing as of the Commencement Date, Tenant shall have an exclusive license during the Lease Term for the exclusive use of certain space in the Common Area (the “Outside Area”), as generally set forth on Exhibit A attached hereto, for the storage of tanks and other equipment used in Tenant’s operations from the Premises for the Permitted Use. The Outside Area shall not be included in the floor area of the Premises for purposes of this Lease. The exclusive license to use the Outside Area granted to Tenant hereby is personal to the Tenant originally named in this Lease, any transferee pursuant to a Permitted Transfer and any transferee pursuant to a Transfer approved by Landlord, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner. Tenant acknowledges that it has been and is currently in possession of the Outside Area pursuant to the Existing Lease and is fully aware of the condition of the Outside Area and, therefore, Tenant shall continue to accept the Outside Area in its “as-is” condition as of the Commencement Date, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Outside Area. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any applicable Laws. Tenant shall have the right, at Tenant’s sole cost and expense, to alter, change or make improvements to the Outside Area, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall be responsible, at its sole cost and expense, for the maintenance and repair of the Outside Area (except to the extent the same are necessitated by the active or gross negligence or willful misconduct of Landlord or a Landlord Party). Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant’s exclusive use of the Outside Area, and neither Landlord nor the Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area or to install any equipment or structure on the Outside Area during the Lease Term, as the same may be extended, and shall reasonably cooperate with Tenant at no cost to Landlord to enforce Tenant’s exclusive license to use the Outside Area. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area (including, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental authority). Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s license under this Section 15.17, and shall repair any damage to the Premises and Building caused by such removal, reasonable wear and tear and damage caused by any peril or condemnation excepted. Except as set forth in Section 4.4, above, Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Outside Area. Tenant’s use of the Outside Area shall be subject to such reasonable additional rules and regulations as Landlord may make from time to time concerning the Outside Area; provided, however, that to the extent there is a conflict between such rules and regulations and the provisions of this Section 15.17, the provisions of this Section 15.17 shall govern and control. Landlord hereby acknowledges and agrees that Tenant’s use of the Outside Area as of the Effective Date of this Lease is acceptable. Except as expressly set forth in this Section 15.17, all of the terms, conditions, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof (excluding Tenant’s obligation to pay Base Monthly Rent and the determination of Tenant’s Share) shall apply equally to the Outside Area and Tenant’s use thereof, including, without limitation, Tenant’s repair and maintenance obligations set forth in Section 6.1, Tenant’s responsibilities and obligations with respect to Hazardous Materials set forth in Section 7.2, Tenant’s indemnity of Landlord set forth in Sections 7.2E and 10.3, and Tenant’s insurance obligations set forth in Article 9. The license to use the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s access thereto. As used in this Section 15.17, “cause” shall include, without limitation, any of the following: (i) the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant changes its use of the Outside Area in order to comply with such law, statute, ordinance or other governmental rule, regulation or requirement); (ii) this Lease is terminated for any reason; or (iii) Tenant fails, after notice and a reasonable opportunity to cure (but in no event more than forty-five (45) days), to comply with any of the terms, conditions, limitations or restrictions contained in this Section 15.17 or elsewhere in this Lease which apply to the Outside Area or Tenant’s use thereof. In the event that Landlord makes a good faith determination that the license granted hereby and/or the use of the Outside Area by Tenant threatens the safety and/or security of persons or property, or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or Project, then upon receipt of written notice from Landlord identifying with reasonable specificity the grounds therefor, Tenant shall immediately discontinue its use of the Outside Area until such time as Tenant has mitigated such threat, danger or interference to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed.

Outside Area. Subject to the terms and conditions contained in this Section 15.17 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing Effective as of November 1, 1995, the Commencement Date, Tenant Premises shall have an exclusive license during be expanded to include that certain area located outside of the Lease Term for the exclusive use Building and consisting of certain space in the Common Area approximately three hundred seventy-five (the 375) square feet as outlined on Exhibit “B” attached hereto and made a party hereof (“Outside Area”). Tenant shall be entitled to use, as generally set forth on Exhibit A attached hereto, for operate and maintain the storage of tanks and other equipment used in Tenant’s operations from the Premises for the Permitted Use. The Outside Area shall not be included in the floor area of the Premises for purposes of this Lease. The exclusive license to use the Outside Area granted to Tenant hereby is personal to shown on Exhibit “B” (collectively, the Tenant originally named in this Lease, any transferee pursuant to a Permitted Transfer and any transferee pursuant to a Transfer approved by Landlord, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner“Outside Area Equipment”). Tenant acknowledges that it has been and is currently in possession Tenant’s use of the Outside Area pursuant Equipment is subject to the Existing Lease Tenant’s receipt of all applicable governmental permits and is fully aware of the condition of the Outside Area and, therefore, approvals and Tenant shall continue to accept the Outside Area in its “as-is” condition as of the Commencement Date, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Outside Area. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any applicable Laws. Tenant shall have the rightshall, at Tenant’s sole cost and expense, to alter, change or make improvements to the Outside Area, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall be responsible, at its sole cost and expense, for the maintenance and repair of the Outside Area (except to the extent the same are necessitated by the active or gross negligence or willful misconduct of Landlord or a Landlord Party). Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant’s exclusive use of the Outside Area, and neither Landlord nor the Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection comply with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area or to install any equipment or structure on the Outside Area during the Lease Term, as the same may be extended, and shall reasonably cooperate with Tenant at no cost to Landlord to enforce Tenant’s exclusive license to use the Outside Area. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area (including, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental authority). Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Leaselaws, or upon the termination of Tenant’s license under this Section 15.17, and shall repair any damage to the Premises and Building caused by such removal, reasonable wear and tear and damage caused by any peril or condemnation excepted. Except as set forth in Section 4.4, above, Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Outside Area. Tenant’s use of the Outside Area shall be subject to such reasonable additional rules and regulations as Landlord may make from time to time concerning the Outside Area; provided, however, that to the extent there is a conflict between such rules and regulations and the provisions of this Section 15.17, the provisions of this Section 15.17 shall govern and control. Landlord hereby acknowledges and agrees that Tenant’s use of the Outside Area as of the Effective Date of this Lease is acceptable. Except as expressly set forth in this Section 15.17, all of the terms, conditions, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof (excluding Tenant’s obligation to pay Base Monthly Rent and the determination of Tenant’s Share) shall apply equally applicable to the Outside Area and the Outside Area Equipment. Tenant shall not add any additional equipment to the Outside Area without Landlord’s prior written consent, which consent shall be granted or denied within thirty (30) days after Landlord’s receipt of a written request from Tenant’s use thereof. The Outside Area shall be considered to be a part of the Premises for all purposes under the Lease, including, without limitation, Tenant’s repair indemnification obligations under Section 7.2 of the Lease and maintenance obligations set forth in Section 6.1, Tenant’s responsibilities and obligations with respect to Hazardous Materials set forth in Section 7.2, Tenant’s indemnity the exemption of Landlord set forth from liability under Section 7.3 of the Lease and Tenant shall, notwithstanding anything to the contrary contained in Sections 7.2E the Lease, be solely responsible for (i) maintenance and 10.3, and Tenant’s insurance obligations set forth in Article 9. The license to use repair of the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenantand the Outside Area Equipment, and Landlord thereafter shall have (ii) any utilities and services to the right to prevent Outside Area. Tenant shall, promptly after full execution and delivery of this First Amendment, but in no event later than January 1, 1996, at Tenant’s access thereto. As used in this Section 15.17sole cost and expense, “cause” shall include, without limitation, any add a chain-link fence from the top of the following: (i) existing block wall around the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant changes its use Outside Area to the existing roof of the Outside Area in order to comply with such law, statute, ordinance completely enclose the Outside Area. Landlord shall have the option to provide written notice to Tenant prior to the expiration or other governmental rule, regulation or requirement); (ii) this Lease is terminated for any reason; or (iii) Tenant fails, after notice and a reasonable opportunity to cure (but in no event more than forty-five (45) days), to comply with any earlier termination of the termsLease Term specifying those items of the Outside Area Equipment and/or the surrounding block wall and chain-link fence which must be removed by Tenant, conditionsin which case Tenant shall remove such items, limitations at Tenant’s sole cost and expense, prior to the expiration or restrictions contained in this Section 15.17 or elsewhere in this earlier termination of the Lease which apply Term and shall repair any damage to the Outside Area resulting from such removal. If Landlord does not provide such written notice to Tenant prior to the expiration or Tenant’s use thereof. In earlier termination of the event that Lease Term, then upon the expiration or earlier termination of the Lease Term, the Outside Area Equipment shall become the property of Landlord; furthermore, if Landlord makes a good faith determination that does provide such written notice to Tenant prior to the license granted hereby and/or expiration or earlier termination of the use Lease Term but such written notice does not specify all of the Outside Area Equipment and/or surrounding block wall and chain-link fence, then those items not specified by Tenant threatens Landlord for removal shall become Landlord’s property upon the safety and/or security of persons expiration or property, or endangers or otherwise interferes with the use and occupancy earlier termination of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or Project, then upon receipt of written notice from Landlord identifying with reasonable specificity the grounds therefor, Tenant shall immediately discontinue its use of Lease Term. Basic Monthly Rent applicable to the Outside Area until such time as shall be Two Hundred Forty-Three and 75/100 Dollars ($243.75) per month throughout the Lease Term, which Basic Monthly Rent shall be payable in accordance with Section 3.1 of the Lease. Basic Monthly Rent applicable to the Outside Area for the month of November, 1995 shall be paid by Tenant has mitigated such threat, danger or interference to Landlordconcurrently with Tenant’s approval, such approval not to be unreasonably withheld, conditioned or delayedexecution and delivery of this First Amendment.

Outside Area. Subject to the terms and conditions contained of this Lease and such rules and regulations as Lessor may from time to time prescribe, Lessee and Lessee's employees, invitees and customers shall, in this Section 15.17 and elsewhere in this Leasecommon with other occupants of the parcel on which the Premises are located, and subject their respective employees, invitees and customers, and others entitled to Tenant obtaining the use thereof, have the non­exclusive right to use the access roads, parking areas and maintaining all necessary facilities provided and applicable governmental approvals, commencing as designated by Lessor for the general use and convenience of the Commencement Dateoccupants of the parcel on which the Premises are located, Tenant shall have an exclusive license during the Lease Term for the exclusive use of certain space in the Common Area (the “which areas and facilities are referred to herein as "Outside Area”), as generally set forth on Exhibit A attached hereto, for ". This right shall terminate upon the storage of tanks and other equipment used in Tenant’s operations from the Premises for the Permitted Use. The Outside Area shall not be included in the floor area of the Premises for purposes termination of this Lease. The exclusive license Lessor reserves the right from time to use time to make changes in the Outside Area granted to Tenant hereby is personal to the Tenant originally named in this Leaseshape, any transferee pursuant to a Permitted Transfer size, location, amount and any transferee pursuant to a Transfer approved by Landlord, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner. Tenant acknowledges that it has been and is currently in possession of the Outside Area pursuant to the Existing Lease and is fully aware of the condition of the Outside Area and, therefore, Tenant shall continue to accept the Outside Area in its “as-is” condition as of the Commencement Date, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement extent of the Outside Area. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding Lessor further reserves the condition of the Outside Area or the compliance of the Outside Area with any applicable Laws. Tenant shall have the right, at Tenant’s sole cost right to promulgate such reasonable rules and expense, to alter, change or make improvements regulations relating to the Outside Area, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall be responsible, at its sole cost and expense, for the maintenance and repair of the Outside Area (except to the extent the same are necessitated by the active or gross negligence or willful misconduct of Landlord or a Landlord Party). Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant’s exclusive use of the Outside Area, and neither Landlord nor any part or parts thereof, as Lessor may deem appropriate for the Landlord Parties best interest of the occupants of the parcel. The rules and regulations shall in no event be liable forbinding upon Lessee upon delivery of a copy of them to Lessee, and Landlord Lessee shall abide by them and the Landlord Parties are hereby released cooperate in their observance. Such rules and regulations may be amended by Lessor from any responsibility fortime to time, any personal injury or property damage sustained by Tenant in connection with or arising from any acts or omissions without advance notice, and all amendments shall be effective upon delivery of a copy to Lessee, provided such regulation does not interfere with regard to Lessee's quiet enjoyment. Lessee shall have the admission or exclusion from non-exclusive use of 42 parking spaces in the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it as designated from time to time by Lessor. Lessee shall not grant at any third party time park or permit the right parking of Lessee's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to the loading areas so as to interfere in any way with the use of such areas, nor shall Lessee at any time park or permit the parking of Lessee's vehicles or trucks, or the vehicles or trucks of Lessee's suppliers or others, in any portion of the Outside Area not designated by Lessor for such use by Lessee. Lessee shall not abandon any inoperative vehicles or to install equipment on any equipment or structure on the Outside Area during the Lease Term, as the same may be extended, and shall reasonably cooperate with Tenant at no cost to Landlord to enforce Tenant’s exclusive license to use the Outside Area. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use portion of the Outside Area. Tenant agreesLessor shall operate, at its own expensemanage, to pay for all utilities used by Tenant in maintain and repair the Outside Area (includingin good order, without limitation, all sales, use condition and other taxes (but excluding real property taxes) imposed thereon by any governmental authority)repair. Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s license under this Section 15.17, and shall repair any damage to the Premises and Building caused by such removal, reasonable wear and tear and damage caused by any peril or condemnation excepted. Except as set forth The manner in Section 4.4, above, Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Outside Area. Tenant’s use of which the Outside Area shall be subject to such reasonable additional rules and regulations as Landlord may make from time to time concerning the Outside Area; provided, however, that to the extent there is a conflict between such rules and regulations maintained and the provisions of this Section 15.17, expenditures for such maintenance shall be at the provisions of this Section 15.17 shall govern and control. Landlord hereby acknowledges and agrees that Tenant’s use discretion of the Outside Area as Lessor. The cost of the Effective Date of this Lease is acceptable. Except as expressly set forth in this Section 15.17such repair, all of the termsmaintenance, conditionsoperation and management, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof (excluding Tenant’s obligation to pay Base Monthly Rent and the determination of Tenant’s Share) shall apply equally to the Outside Area and Tenant’s use thereof, including, including without limitation, Tenant’s maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences and maintenance obligations set forth in Section 6.1lighting, Tenant’s responsibilities and obligations with respect to Hazardous Materials set forth in Section 7.2, Tenant’s indemnity of Landlord set forth in Sections 7.2E and 10.3, and Tenant’s insurance obligations set forth in Article 9. The license to use the shall be an Outside Area granted Charge and Lessee shall pay to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s access thereto. As used Lessor its share of such costs as provided in this Section 15.17, “cause” shall include, without limitation, any of the following: (i) the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant changes its use of the Outside Area in order to comply with such law, statute, ordinance or other governmental rule, regulation or requirement); (ii) this Lease is terminated for any reason; or (iii) Tenant fails, after notice and a reasonable opportunity to cure (but in no event more than forty-five (45) days), to comply with any of the terms, conditions, limitations or restrictions contained in this Section 15.17 or elsewhere in this Lease which apply to the Outside Area or Tenant’s use thereof. In the event that Landlord makes a good faith determination that the license granted hereby and/or the use of the Outside Area by Tenant threatens the safety and/or security of persons or property, or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or Project, then upon receipt of written notice from Landlord identifying with reasonable specificity the grounds therefor, Tenant shall immediately discontinue its use of the Outside Area until such time as Tenant has mitigated such threat, danger or interference to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayedParagraph 14 below.

Outside Area. Subject to the terms and conditions contained in this Section 15.17 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing Effective as of November 1, 1995, the Commencement Date, Tenant Premises shall have an exclusive license during be expanded to include that certain area located outside of the Lease Term for the exclusive use Building and consisting of certain space in the Common Area approximately three hundred seventy-five (the 375) square feet as outlined on Exhibit “B” attached hereto and made a party hereof (“Outside Area”). Tenant shall be entitled to use, as generally set forth on Exhibit A attached hereto, for operate and maintain the storage of tanks and other equipment used in Tenant’s operations from the Premises for the Permitted Use. The Outside Area shall not be included in the floor area of the Premises for purposes of this Lease. The exclusive license to use the Outside Area granted to Tenant hereby is personal to shown on Exhibit “B” (collectively, the Tenant originally named in this Lease, any transferee pursuant to a Permitted Transfer and any transferee pursuant to a Transfer approved by Landlord, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner“Outside Area Equipment”). Tenant acknowledges that it has been and is currently in possession Tenant’s use of the Outside Area pursuant Equipment is subject to the Existing Lease Tenant’s receipt of XXXXXX XXXXX SCIENCE PARK [DEPOTECH] all applicable governmental permits and is fully aware of the condition of the Outside Area and, therefore, approvals and Tenant shall continue to accept the Outside Area in its “as-is” condition as of the Commencement Date, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Outside Area. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any applicable Laws. Tenant shall have the rightshall, at Tenant’s sole cost and expense, to alter, change or make improvements to the Outside Area, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall be responsible, at its sole cost and expense, for the maintenance and repair of the Outside Area (except to the extent the same are necessitated by the active or gross negligence or willful misconduct of Landlord or a Landlord Party). Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant’s exclusive use of the Outside Area, and neither Landlord nor the Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection comply with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area or to install any equipment or structure on the Outside Area during the Lease Term, as the same may be extended, and shall reasonably cooperate with Tenant at no cost to Landlord to enforce Tenant’s exclusive license to use the Outside Area. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area (including, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental authority). Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Leaselaws, or upon the termination of Tenant’s license under this Section 15.17, and shall repair any damage to the Premises and Building caused by such removal, reasonable wear and tear and damage caused by any peril or condemnation excepted. Except as set forth in Section 4.4, above, Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Outside Area. Tenant’s use of the Outside Area shall be subject to such reasonable additional rules and regulations as Landlord may make from time to time concerning the Outside Area; provided, however, that to the extent there is a conflict between such rules and regulations and the provisions of this Section 15.17, the provisions of this Section 15.17 shall govern and control. Landlord hereby acknowledges and agrees that Tenant’s use of the Outside Area as of the Effective Date of this Lease is acceptable. Except as expressly set forth in this Section 15.17, all of the terms, conditions, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof (excluding Tenant’s obligation to pay Base Monthly Rent and the determination of Tenant’s Share) shall apply equally applicable to the Outside Area and the Outside Area Equipment. Tenant shall not add any additional equipment to the Outside Area without Landlord’s prior written consent, which consent shall be granted or denied within thirty (30) days after Landlord’s receipt of a written request from Tenant’s use thereof. The Outside Area shall be considered to be a part of the Premises for all purposes under the Lease, including, without limitation, Tenant’s repair indemnification obligations under Section 7.2 of the Lease and maintenance obligations set forth in Section 6.1, Tenant’s responsibilities and obligations with respect to Hazardous Materials set forth in Section 7.2, Tenant’s indemnity the exemption of Landlord set forth from liability under Section 7.3 of the Lease and Tenant shall, notwithstanding anything to the contrary contained in Sections 7.2E the Lease, be solely responsible for (i) maintenance and 10.3, and Tenant’s insurance obligations set forth in Article 9. The license to use repair of the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenantand the Outside Area Equipment, and Landlord thereafter shall have (ii) any utilities and services to the right to prevent Outside Area. Tenant shall, promptly after full execution and delivery of this First Amendment, but in no event later than January 1, 1996, at Tenant’s access thereto. As used in this Section 15.17sole cost and expense, “cause” shall include, without limitation, any add a chain-link fence from the top of the following: (i) existing block wall around the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant changes its use Outside Area to the existing roof of the Outside Area in order to comply with such law, statute, ordinance completely enclose the Outside Area. Landlord shall have the option to provide written notice to Tenant prior to the expiration or other governmental rule, regulation or requirement); (ii) this Lease is terminated for any reason; or (iii) Tenant fails, after notice and a reasonable opportunity to cure (but in no event more than forty-five (45) days), to comply with any earlier termination of the termsLease Term specifying those items of the Outside Area Equipment and/or the surrounding block wall and chain-link fence which must be removed by Tenant, conditionsin which case Tenant shall remove such items, limitations at Tenant’s sole cost and expense, prior to the expiration or restrictions contained in this Section 15.17 or elsewhere in this earlier termination of the Lease which apply Term and shall repair any damage to the Outside Area resulting from such removal. If Landlord does not provide such written notice to Tenant prior to the expiration or Tenant’s use thereof. In earlier termination of the event that Lease Term, then upon the expiration or earlier termination of the Lease Term, the Outside Area Equipment shall become the property of Landlord; furthermore, if Landlord makes a good faith determination that does provide such written notice to Tenant prior to the license granted hereby and/or expiration or earlier termination of the use Lease Term but such written notice does not specify all of the Outside Area Equipment and/or surrounding block wall and chain-link fence, then those items not specified by Tenant threatens Landlord for removal shall become Landlord’s property upon the safety and/or security of persons expiration or property, or endangers or otherwise interferes with the use and occupancy earlier termination of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or Project, then upon receipt of written notice from Landlord identifying with reasonable specificity the grounds therefor, Tenant shall immediately discontinue its use of Lease Term. Basic Monthly Rent applicable to the Outside Area until such time as shall be Two Hundred Forty-Three and 75/100 Dollars ($243.75) per month throughout the Lease Term, which Basic Monthly Rent shall be payable in accordance with Section 3.1 of the Lease. Basic Monthly Rent applicable to the Outside Area for the month of November, 1995 shall be paid by Tenant has mitigated such threat, danger or interference to Landlordconcurrently with Tenant’s approval, such approval not to be unreasonably withheld, conditioned or delayedexecution and delivery of this First Amendment.

Outside Area. Subject to the terms and conditions contained in this Section 15.17 5.4 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing as of the Lease Commencement Date, Tenant shall have an exclusive a license during the Lease Term for the exclusive use of certain space in the Common Area (the “Outside Area”), in the location as generally set forth depicted on Exhibit A H, attached hereto, for the construction (as a Tenant Improvement or an Alteration) of a shed for the storage of tanks and other equipment Hazardous Materials used in Tenant’s 's operations from the Premises for the Permitted UseUse and disclosed in the Environmental Questionnaire. The Outside Area shall not be included in the floor area rentable square feet of the Premises for purposes of this Lease. The exclusive license to use the Outside Area granted to Tenant hereby is personal to the Original Tenant originally named in this Lease, and any transferee pursuant to a Permitted Transfer and any transferee pursuant to a Transfer approved by LandlordAssignee, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner. Tenant acknowledges that it has been and is currently in possession of the Outside Area pursuant to the Existing Lease and is fully aware of the condition of the Outside Area and, therefore, Tenant shall continue to accept the Outside Area in its “as-is” condition as of the Commencement Date, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Outside Area. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any applicable Applicable Laws. Tenant shall have the right, at Tenant’s 's sole cost and expense, to alter, change or make improvements to the Outside AreaArea (as an Alteration), subject to Landlord’s 's reasonable approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall be responsible, at its sole cost and expense, for the maintenance and repair of the Outside Area (except to the extent the same are necessitated by the active or gross negligence or willful misconduct of Landlord or a Landlord Party)Area. Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant’s 's exclusive use of the Outside Area, and neither Landlord nor the Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area or to install any equipment or structure on the Outside Area during the Lease Term, as the same may be extended, and shall reasonably cooperate with Tenant at no cost to Landlord to enforce Tenant’s exclusive license to use the Outside Area. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area (including, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental authority). Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s 's license under this Section 15.175.4, and shall repair any damage to the Premises and Building caused by such removal, reasonable wear and tear and damage caused by any peril or condemnation excepted. Except as otherwise set forth in Section 4.4, abovethis Lease or required by Applicable Laws, Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Outside Area. Tenant’s 's use of the Outside Area shall be subject to such reasonable additional rules rules, regulations and regulations restrictions as Landlord may make from time to time concerning the Outside Area; provided, however, that to the extent there is a conflict between such rules and regulations and the provisions of this Section 15.17, the provisions of this Section 15.17 shall govern and control. Landlord hereby acknowledges and agrees that Tenant’s use of the Outside Area as of the Effective Date of this Lease is acceptable. Except as expressly set forth in this Section 15.175.4, all of the terms, conditions, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s 's use thereof (excluding Tenant’s obligation to pay Base Monthly Rent and the determination of Tenant’s ShareRent) shall apply equally to the Outside Area and Tenant’s 's use thereof, including, without limitation, Tenant’s 's repair and maintenance obligations set forth in Section 6.17.1, Tenant’s 's responsibilities and obligations with respect to Hazardous Materials set forth in Section 7.25.3, Tenant’s 's indemnity of Landlord set forth in Sections 7.2E and 10.3Section 10.1, and Tenant’s 's insurance obligations set forth in Article 910. The license to use the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s 's access thereto. As used in this Section 15.175.4, “cause” shall include, without limitation, any of the following: (i) Landlord's good faith determination that the license granted hereby and/or the use of the Outside Area threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or the Project; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant changes its use of the Outside Area in order to comply with such law, statute, ordinance or other governmental rule, regulation or requirement), or results in increased rates of insurance for the Building or Project (unless Tenant pays the cost of such increased rates to Landlord); (iiiii) this Lease is terminated for any reason; or (iiiiv) Tenant fails, after any applicable notice and a reasonable opportunity to cure (but period expressly set forth in no event more than forty-five (45) days)this Lease, to comply with any of the terms, conditions, limitations or restrictions contained in this Section 15.17 5.4 or elsewhere in this Lease which apply to the Outside Area or Tenant’s 's use thereof. In the event that Landlord makes a good faith determination that the license granted hereby and/or the use of the Outside Area by Tenant threatens the safety and/or security of persons or property, or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or Project, then upon receipt of written notice from Landlord identifying with reasonable specificity the grounds therefor, Tenant shall immediately discontinue its use of the Outside Area until such time as Tenant has mitigated such threat, danger or interference to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed.

Outside Area. Subject to the terms and conditions contained in this Section 15.17 5.4 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing as of the Lease Commencement Date, Tenant shall have an exclusive a license during the Lease Term for the exclusive use of certain space in the Common Area (the “"Outside Area”"), the location to be mutually and reasonably agreed upon by Landlord and Tenant, for the construction (as generally set forth on Exhibit A attached hereto, a Tenant Improvement or an Alteration) of a shed for the storage of tanks and other equipment Hazardous Materials used in Tenant’s 's operations from the Premises for the Permitted UseUse and disclosed in the Environmental Questionnaire. The Outside Area shall not be included in the floor area rentable square feet of the Premises for purposes of this Lease. The exclusive license to use the Outside Area granted to Tenant hereby is personal to the Original Tenant originally named in this Lease, and any transferee pursuant to a Permitted Transfer and any transferee pursuant to a Transfer approved by LandlordAssignee, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner. Tenant acknowledges that it has been and is currently in possession of the Outside Area pursuant to the Existing Lease and is fully aware of the condition of the Outside Area and, therefore, Tenant shall continue to accept the Outside Area in its “as-is” condition as of the Commencement Date, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Outside Area. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any applicable Applicable Laws. Tenant shall have the right, at Tenant’s 's sole cost and expense, to alter, change or make improvements to the Outside AreaArea (as an Alteration), subject to Landlord’s 's reasonable approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall be responsible, at its sole cost and expense, for the maintenance and repair of the Outside Area (except to the extent the same are necessitated by the active or gross negligence or willful misconduct of Landlord or a Landlord Party)Area. Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant’s 's exclusive use of the Outside Area, and neither Landlord nor the Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area or to install any equipment or structure on the Outside Area during the Lease Term, as the same may be extended, and shall reasonably cooperate with Tenant at no cost to Landlord to enforce Tenant’s exclusive license to use the Outside Area. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area (including, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental authority). Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s 's license under this Section 15.175.4, and shall repair any damage to the Premises and Building caused by such removal, reasonable wear and tear and damage caused by any peril or condemnation excepted. Except as otherwise set forth in Section 4.4, abovethis Lease or required by Applicable Laws, Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Outside Area. Tenant’s 's use of the Outside Area shall be subject to such reasonable additional rules rules, regulations and regulations restrictions as Landlord may make from time to time concerning the Outside Area; provided, however, that to the extent there is a conflict between such rules and regulations and the provisions of this Section 15.17, the provisions of this Section 15.17 shall govern and control. Landlord hereby acknowledges and agrees that Tenant’s use of the Outside Area as of the Effective Date of this Lease is acceptable. Except as expressly set forth in this Section 15.175.4, all of the terms, conditions, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s 's use thereof (excluding Tenant’s obligation to pay Base Monthly Rent and the determination of Tenant’s ShareRent) shall apply equally to the Outside Area and Tenant’s 's use thereof, including, without limitation, Tenant’s 's repair and maintenance obligations set forth in Section 6.17.1, Tenant’s 's responsibilities and obligations with respect to Hazardous Materials set forth in Section 7.25.3, Tenant’s 's indemnity of Landlord set forth in Sections 7.2E and 10.3Section 10.1, and Tenant’s 's insurance obligations set forth in Article 910. The license to use the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s 's access thereto. As used in this Section 15.175.4, “"cause” " shall include, without limitation, any of the following: (i) Landlord's good faith determination that the license granted hereby and/or the use of the Outside Area threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or the Project; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant changes its use of the Outside Area in order to comply with such law, statute, ordinance or other governmental rule, regulation or requirement), or results in increased rates of insurance for the Building or Project (unless Tenant pays the cost of such increased rates to Landlord); (iiiii) this Lease is terminated for any reason; or (iiiiv) Tenant fails, after any applicable notice and a reasonable opportunity to cure (but period expressly set forth in no event more than forty-five (45) days)this Lease, to comply with any of the terms, conditions, limitations or restrictions contained in this Section 15.17 5.4 or elsewhere in this Lease which apply to the Outside Area or Tenant’s 's use thereof. In the event that Landlord makes a good faith determination that the license granted hereby and/or the use of the Outside Area by Tenant threatens the safety and/or security of persons or property, or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or Project, then upon receipt of written notice from Landlord identifying with reasonable specificity the grounds therefor, Tenant shall immediately discontinue its use of the Outside Area until such time as Tenant has mitigated such threat, danger or interference to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed.

Outside Area. Subject to the terms and conditions contained in this Section 15.17 5.4 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing as of the Lease Commencement Date, Tenant shall have an exclusive a license during the Lease Term for the exclusive use of certain space in the Common Area (the “"Outside Area”"), the location to be mutually and reasonably agreed upon by Landlord and Tenant, for the construction (as generally set forth on Exhibit A attached hereto, a Tenant Improvement or an Alteration) of a shed for the storage of tanks and other equipment Hazardous Materials used in Tenant’s 's operations from the Premises for the Permitted UseUse and disclosed in the Environmental Questionnaire. The Outside Area shall not be included in the floor area rentable square feet of the Premises for purposes of this Lease. The exclusive license to use the Outside Area granted to Tenant hereby is personal to the Original Tenant originally named in this Lease, and any transferee pursuant to a Permitted Transfer and any transferee pursuant to a Transfer approved by LandlordAssignee, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner. Tenant acknowledges that it has been and is currently in possession of the Outside Area pursuant to the Existing Lease and is fully aware of the condition of the Outside Area and, therefore, Tenant shall continue to accept the Outside Area in its “as-is” condition as of the Commencement Date, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Outside Area. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any applicable Applicable Laws. Tenant shall have the right, at Tenant’s 's sole cost and expense, to alter, change or make improvements to the Outside AreaArea (as an Alteration), subject to Landlord’s 's reasonable approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall be responsible, at its sole cost and expense, for the maintenance and repair of the Outside Area (except to the extent the same are necessitated by the active or gross negligence or willful misconduct of Landlord or a Landlord Party)Area. Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant’s 's exclusive use of the Outside Area, and neither Landlord nor the Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area or to install any equipment or structure on the Outside Area during the Lease Term, as the same may be extended, and shall reasonably cooperate with Tenant at no cost to Landlord to enforce Tenant’s exclusive license to use the Outside Area. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area (including, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental authority). Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s 's license under this Section 15.175.4, and shall repair any damage to the Premises and Building caused by such removal, reasonable wear and tear and damage caused by any peril or condemnation excepted. Except as otherwise set forth in Section 4.4, abovethis Lease or required by Applicable Laws, Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Outside Area. Tenant’s 's use of the Outside Area shall be subject to such reasonable additional rules rules, regulations and regulations restrictions as Landlord may make from time to time concerning the Outside Area; provided, however, that to the extent there is a conflict between such rules and regulations and the provisions of this Section 15.17, the provisions of this Section 15.17 shall govern and control. Landlord hereby acknowledges and agrees that Tenant’s use of the Outside Area as of the Effective Date of this Lease is acceptable. Except as expressly set forth in this Section 15.175.4, all of the terms, conditions, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof (excluding Tenant’s obligation to pay Base Monthly Rent and the determination of Tenant’s Share) shall apply equally to the Outside Area and Tenant’s 's use thereof, including, without limitation, Tenant’s 's repair and maintenance obligations set forth in Section 6.17.1, Tenant’s 's responsibilities and obligations with respect to Hazardous Materials set forth in Section 7.25.3, Tenant’s 's indemnity of Landlord set forth in Sections 7.2E and 10.3Section 10.1, and Tenant’s 's insurance obligations set forth in Article 910. The license to use the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s 's access thereto. As used in this Section 15.175.4, “"cause” " shall include, without limitation, any of the following: (i) Landlord's good faith determination that the license granted hereby and/or the use of the Outside Area threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or the Project; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant changes its use of the Outside Area in order to comply with such law, statute, ordinance or other governmental rule, regulation or requirement); (ii) this Lease is terminated for any reason; or (iii) Tenant fails, after notice and a reasonable opportunity to cure (but in no event more than forty822610.04/WLA [THE BOARDWALK] 183362-five (45) days)00050/9-24-20/mem/mem -21- [Zentalis Pharmaceuticals, to comply with any of the terms, conditions, limitations or restrictions contained in this Section 15.17 or elsewhere in this Lease which apply to the Outside Area or Tenant’s use thereof. In the event that Landlord makes a good faith determination that the license granted hereby and/or the use of the Outside Area by Tenant threatens the safety and/or security of persons or property, or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or Project, then upon receipt of written notice from Landlord identifying with reasonable specificity the grounds therefor, Tenant shall immediately discontinue its use of the Outside Area until such time as Tenant has mitigated such threat, danger or interference to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed.Inc.]