Common use of PREMISES AND EXCLUSIONS Clause in Contracts

PREMISES AND EXCLUSIONS. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises as identified in this Section. The Premises shall consist of 22,000 Square Feet of Rentable Floor Area on the first and second floors of the Building and currently comprising all of the Total Rentable Floor Area of the Building, all as shown on Exhibit A attached hereto. Notwithstanding the foregoing, the Landlord acknowledges and consents to the 1 year Sublease dated of even date, by and between IKOS Systems, Inc., as Sublandlord and Mitsubishi Electric ITA, as Subtenant for the first floor of the Building, consisting of 10,500 square feet of Rentable Floor Area. The Premises shall be delivered vacant and in broom clean condition, subject to the aforementioned Sublease of the first floor of the Building. The Premises shall include areas and facilities within the Building that are typically deemed to be common areas and facilities of the Building, including without limitation exterior faces of exterior walls, the common stairways and stairwells, entrance ways and any lobby and courtyard areas, elevators and elevator xxxxx, fan rooms, electric and telephone closets, janitor closets, freight elevator vestibules, and pipes, ducts, conduits, wires and appurtenant fixtures serving other parts of the Building (exclusively or in common) and other common areas and facilities. Tenant accepts the Premises in its current “as is” condition except only that Landlord shall demise the Premises for the aforementioned short term Sublease with Mitsubishi, provided, however, that Landlord shall in no event be required to spend more than $30,000.00 for all associated costs of such work (the “Landlord Work”). In the event that Landlord has not substantially completed the Landlord Work on or before October 1, 2000, then Tenant shall have the right to complete such Landlord Work and Landlord shall reimburse Tenant for all reasonable construction costs incurred by Tenant in connection therewith. This Lease is subject to all easements, restrictions, agreements, and encumbrances of record to the extent in force and applicable as long as such do not interfere with Tenant’s use as described in this lease.

PREMISES AND EXCLUSIONS. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises as identified in this SectionPremises. The Premises shall initially consist of 22,000 Square Feet of Rentable Floor Area on the first and second floors of the Building and currently comprising all of the Total Rentable Floor Area of the Building, all A as shown on Exhibit A attached hereto. Notwithstanding Thereafter, Area B shall be added to and included in the foregoingPremises upon the Area B Commencement Date and Area C shall be added to and included in the Premises upon the Area C Commencement Date. All such delivery of space shall be in accordance with the delivery schedule attached hereto as Exhibit I, subject to this Section 2.1. After each of the Area A, Area B and Area C Commencement Dates, the parties shall execute a memorandum or other documentation setting forth the respective Area Commencement Dates, as determined hereunder by Landlord acknowledges and consents in good faith. Tenant's obligations under this Lease shall pertain to the 1 year Sublease dated of even date, by and between IKOS Systems, Inc., as Sublandlord and Mitsubishi Electric ITA, as Subtenant for the first floor respective areas of the Building, consisting of 10,500 square feet of Rentable Floor AreaPremises as and when such areas are delivered by Landlord to tenant in accordance with the terms hereof. The Premises shall be delivered vacant and in broom clean condition, subject to the aforementioned Sublease of the first floor of the Building. The Premises shall include areas and facilities within the Building that are typically deemed to be exclude common areas and facilities of the Building, including without limitation exterior faces of exterior walls, the common stairways and stairwells, entrance ways entranceways and any lobby and courtyard areas, elevators and elevator xxxxx, fan rooms, electric and telephone closets, janitor closets, freight elevator vestibules, and pipes, ducts, conduits, wires and appurtenant fixtures serving other parts of the Building (exclusively or in common) and other common areas and facilities. Tenant accepts If the Premises in its current “as is” condition except only that Landlord shall demise include less than the entire rentable area of any floor, then the Premises for also exclude the aforementioned short term Sublease with Mitsubishicommon corridors, provided, however, that Landlord shall in no event be required to spend more than $30,000.00 for all associated costs of elevator lobby and toilets located on such work (the “Landlord Work”). In the event that Landlord has not substantially completed the Landlord Work on or before October 1, 2000, then Tenant shall have the right to complete such Landlord Work and Landlord shall reimburse Tenant for all reasonable construction costs incurred by Tenant in connection therewithfloor. This Lease is subject to all easements, restrictions, agreements, and encumbrances of record to the extent in force and applicable applicable. ("Area C") is currently occupied by Factory Mutual Insurance Company, which is an affiliate of Landlord. Factory Mutual Insurance Company has the right to remain in Area C until June 15, 2003. Landlord shall use reasonable efforts to relocate Factory Mutual Insurance Company to other space within the Xxxxx Xxxxx Office Park so as long to cause the Area C Commencement Date to occur no later than the third anniversary of the Term Commencement Date, provided, however, if Factory Mutual Insurance Company does not timely relocate Landlord shall not be liable to Tenant for any damages. In the event Factory Mutual Insurance Company does not vacate Area C by December 31, 2003, Landlord shall pay Tenant the amount of $[**] per day for each day Factory Mutual Insurance Company remains in Area C beyond December 31, 2003. The employees of Factory Mutual Insurance Company shall enter the Building through the lower level door on the east side of the Building. Landlord's failure to deliver, or any delay in delivering, the Premises for any reason beyond Landlord's reasonable control (including, without limitation, continued occupancy by a prior occupant) shall not be a default of Landlord or give rise to any liability of Landlord under the Lease, shall not affect Tenant's obligation to accept the Premises when delivered, and shall not affect the validity of the Lease, subject to the following: (i) if the Area A is not delivered to Tenant by July 24, 2000, Landlord shall provide Tenant with approximately 33,000 square feet of temporary space beginning on September 16, 2000 at no cost on a day for day basis for each day of delay (ii) if the Area A and/or Area B Commencement Date does not occur on or before April 1, 2001 for any reason other than Force Majeure, as hereinafter defined, then Tenant shall have the right to terminate this Lease upon thirty (30) days' prior written notice to Landlord effective on the 30/th/ day after Tenant's notice unless the Area A and/or Area B Commencement Date occurs within such do not interfere with Tenant’s use as described in this leasetime.

PREMISES AND EXCLUSIONS. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises as identified in this Section. The Premises shall consist of 22,000 Square Feet of Rentable Floor Area on the first and second floors of the Building and currently comprising all of the Total Rentable Floor Area of the Building, all as shown on Exhibit A attached hereto. Notwithstanding the foregoing, the Landlord acknowledges and consents to the 1 year Sublease dated of even date, by and between IKOS Systems, Inc., as Sublandlord and Mitsubishi Electric ITA, as Subtenant for the first floor of the Building, consisting of 10,500 square feet of Rentable Floor AreaPremises. The Premises shall be delivered vacant and in broom clean condition, subject to the aforementioned Sublease of the first floor of the Buildingtwo phases. The Premises shall include areas initially consist of Premises A, as shown as Exhibit A, until the Premises B Rent Commencement Date. From and facilities within after the Building that are typically deemed Premises B Rent Commencement Date, Premises B shall be added to be and included in the Premises, and the Premises thereafter shall consist of the entire Building. Until the Delivery Date for Premises B, the Premises exclude common areas and facilities of the Building, including without limitation exterior faces of exterior walls, the common stairways and stairwells, entrance ways entranceways and any lobby and courtyard areas, elevators and elevator xxxxx, fan rooms, electric and telephone closets, janitor closets, freight elevator vestibules, and pipes, ducts, conduits, wires and appurtenant fixtures serving other parts of the Building (exclusively or in common) and other common areas and facilities. Tenant accepts If the Premises in its current “as is” condition except only that Landlord shall demise include less than the entire rentable area of any floor, then the Premises for also exclude the aforementioned short term Sublease with Mitsubishicommon corridors, provided, however, that Landlord shall in no event be required to spend more than $30,000.00 for all associated costs of elevator lobby and toilets located on such work (the “Landlord Work”)floor. In the event that Landlord has not substantially completed the Landlord Work on or before October 1, 2000, then Tenant shall have access to the right Premises 24 hours per day, 7 days per week, subject to complete such Landlord Work and Landlord shall reimburse Tenant for all reasonable construction costs incurred by Tenant in connection therewithLandlord’s security procedures. This Lease is subject to all easements, restrictions, agreements, and encumbrances of record to the extent in force and applicable as long as applicable. Subject to Tenant’s obtaining all necessary permits and approvals to operate the Premises for the Permitted Uses, to the knowledge of Landlord, such easements, restrictions, agreements and encumbrances of record do not interfere with materially and adversely affect the use and occupancy of the Premises for general office purposes, and the Special Permit dated March 9, 1992 allows Tenant to operate the Premises for the Permitted Uses. With respect to any improvements or alterations proposed to be made to the Premises by Transform Pharmaceuticals, Inc. or Alterex, Inc. (current occupants thereof) that (i) require the consent of Landlord and (ii) are requested after the date of this Lease, Landlord shall notify Tenant of said request and submit to Tenant for review and approval any proposed plans or other materials submitted to Landlord. To the extent said proposed improvements or alterations are acceptable to Landlord, Landlord shall not grant its consent to said improvements or alterations until Landlord first obtains Tenant’s use as described in this lease.consent thereto, subject, however, to Landlord’s obligations under its respective leases with Transform Pharmaceuticals, Inc. and Alterex, Inc.

PREMISES AND EXCLUSIONS. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises as identified in this SectionPremises. The Premises shall initially consist of 22,000 Square Feet of Rentable Floor Area on the first and second floors of the Building and currently comprising all of the Total Rentable Floor Area of the Building, all A as shown on Exhibit A attached hereto. Notwithstanding Thereafter, Area B shall be added to and included in the foregoingPremises upon the Area B Commencement Date and Area C shall be added to and included in the Premises upon the Area C Commencement Date. All such delivery of space shall be in accordance with the delivery schedule attached hereto as Exhibit I, subject to this Section 2.1. After each of the Area A, Area B and Area C Commencement Dates, the parties shall execute a memorandum or other documentation setting forth the respective Area Commencement Dates, as determined hereunder by Landlord acknowledges and consents in good faith. Tenant's obligations under this Lease shall pertain to the 1 year Sublease dated of even date, by and between IKOS Systems, Inc., as Sublandlord and Mitsubishi Electric ITA, as Subtenant for the first floor respective areas of the Building, consisting of 10,500 square feet of Rentable Floor AreaPremises as and when such areas are delivered by Landlord to tenant in accordance with the terms hereof. The Premises shall be delivered vacant and in broom clean condition, subject to the aforementioned Sublease of the first floor of the Building. The Premises shall include areas and facilities within the Building that are typically deemed to be exclude common areas and facilities of the Building, including without limitation exterior faces of exterior walls, the common stairways and stairwells, entrance ways entranceways and any lobby and courtyard areas, elevators and elevator xxxxx, fan rooms, electric and telephone closets, janitor closets, freight elevator vestibules, and pipes, ducts, conduits, wires and appurtenant fixtures serving other parts of the Building (exclusively or in common) and other common areas and facilities. Tenant accepts If the Premises in its current “as is” condition except only that Landlord shall demise include less than the entire rentable area of any floor, then the Premises for also exclude the aforementioned short term Sublease with Mitsubishicommon corridors, provided, however, that Landlord shall in no event be required to spend more than $30,000.00 for all associated costs of elevator lobby and toilets located on such work (the “Landlord Work”). In the event that Landlord has not substantially completed the Landlord Work on or before October 1, 2000, then Tenant shall have the right to complete such Landlord Work and Landlord shall reimburse Tenant for all reasonable construction costs incurred by Tenant in connection therewithfloor. This Lease is subject to all easements, restrictions, agreements, and encumbrances of record to the extent in force and applicable applicable. ("Area C") is currently occupied by Factory Mutual Insurance Company, which is an affiliate of Landlord. Factory Mutual Insurance Company has the right to remain in Area C until June 15, 2003. Landlord shall use reasonable efforts to relocate Factory Mutual Insurance Company to other space within the Xxxxx Xxxxx Office Park so as long to cause the Area C Commencement Date to occur no later than the third anniversary of the Term Commencement Date, provided, however, if Factory Mutual Insurance Company does not timely relocate Landlord shall not be liable to Tenant for any damages. In the event Factory Mutual Insurance Company does not vacate Area C by December 31, 2003, Landlord shall pay Tenant the amount of $1,321.00 per day for each day Factory Mutual Insurance Company remains in Area C beyond December 31, 2003. The employees of Factory Mutual Insurance Company shall enter the Building through the lower level door on the east side of the Building. Landlord's failure to deliver, or any delay in delivering, the Premises for any reason beyond Landlord's reasonable control (including, without limitation, continued occupancy by a prior occupant) shall not be a default of Landlord or give rise to any liability of Landlord under the Lease, shall not affect Tenant's obligation to accept the Premises when delivered, and shall not affect the validity of the Lease, subject to the following: (i) if the Area A is not delivered to Tenant by July 24, 2000, Landlord shall provide Tenant with approximately 33,000 square feet of temporary space beginning on September 16, 2000 at no cost on a day for day basis for each day of delay (ii) if the Area A and/or Area B Commencement Date does not occur on or before April 1, 2001 for any reason other than Force Majeure, as hereinafter defined, then Tenant shall have the right to terminate this Lease upon thirty (30) days' prior written notice to Landlord effective on the 30/th/ day after Tenant's notice unless the Area A and/or Area B Commencement Date occurs within such do not interfere with Tenant’s use as described in this leasetime.

PREMISES AND EXCLUSIONS. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises as identified in this SectionPremises. The Premises shall consist of 22,000 Square Feet of Rentable Floor Area on the first and second floors of the Building and currently comprising all of the Total Rentable Floor Area of the Buildingexclude parking areas, all as shown on Exhibit A attached hereto. Notwithstanding the foregoing, the Landlord acknowledges and consents to the 1 year Sublease dated of even date, by and between IKOS Systems, Inc., as Sublandlord and Mitsubishi Electric ITA, as Subtenant for the first floor of the Building, consisting of 10,500 square feet of Rentable Floor Area. The Premises shall be delivered vacant and in broom clean condition, subject to the aforementioned Sublease of the first floor of the Building. The Premises shall include areas and facilities within the Building that are typically deemed to be common areas and facilities of the Building, including without limitation exterior faces of exterior walls, the common stairways and stairwells, entrance ways entranceways and any lobby and courtyard areas, elevators and elevator xxxxxwxxxx, fan rooms, electric and telephone closets, janitor closets, freight elevator vestibules, and pipes, ducts, conduits, wires and appurtenant fixtures serving other parts of the Building (exclusively or in common) and other common areas and facilities. Tenant accepts If the Premises in its current include less than the entire rentable area of any floor, then the Premises also exclude the common corridors, elevator lobby and toilets located on such floor. The Premises shall include the area shown as “Fitness Center” on Exhibit A-I, which shall be used on an exclusive basis by Tenant as is” condition except only that a fitness area and for no other purpose. Landlord shall demise provide, at its expense, mirrors and appropriate heating, ventilation, and air-conditioning for the Fitness Center. Tenant shall provide, at its expense, all other equipment and facilities for the Fitness Center and shall be responsible for the use and operation of the Fitness Center. The area of the Fitness Center shall not be included in the Rentable Floor Area of the Premises for purposes of calculating Annual Fixed Rent or Additional Rent for Landlord’s Operating Expenses and Taxes, but Tenant shall pay any other charges under this Lease which are applicable to the aforementioned short term Sublease with Mitsubishi, provided, however, that Landlord shall in no event be required to spend more than $30,000.00 for all associated costs of Fitness Center (such work (the “Landlord Work”as electricity). In If at any time Tenant (due to modifications of this Lease, the event that exercise of rights of recapture by Landlord, or otherwise) no longer leases at least one-half of the Building, Landlord has not substantially completed the Landlord Work on or before October 1, 2000, then after notice to Tenant shall have the right to complete such exclude the Fitness Center from the Premises and operate the Fitness Center as a common amenity for Tenant and others, and if at any time Tenant no longer leases at least one-third of the Building then Landlord Work after notice to Tenant may exclude the Fitness Center from the Premises and shall have no obligation to provide this amenity for Tenant. Notwithstanding the foregoing, Tenant shall have the right, by notice to Landlord no later than thirty (30) days after receipt of Landlord’s notice, to elect to supersede Landlord’s decision to exclude the Fitness Center from the Premises or to convert the Fitness Center to a common amenity, but if Tenant exercises this election, the rentable area of the Fitness Center shall reimburse Tenant for all reasonable construction costs incurred be added to the Rentable Square Footage of the Premises and appropriate adjustments shall be made to the Annual Fixed Rent and Additional Rent in order that the Fitness Center shall be included in the Premises in determining the amounts owed by Tenant from that point forward. If Landlord exercises its right set forth above and Tenant does not elect to supersede the exercise of that right, Tenant shall be relieved from any further responsibility for the use and operation of the Fitness Center and shall have the right to remove all equipment and fixtures that it has placed or installed in connection therewiththe Fitness Center. This Lease is subject to all easements, restrictions, agreements, and encumbrances of record to the extent in force and applicable as long as applicable. Landlord represents that such title matters do not interfere with and will not materially affect Tenant’s use of the Premises as described in permitted under this leaseLease.