Common use of Premises Clause in Contracts

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Premises. Landlord shall endeavor to tender possession Landlord, for and in consideration of the Premises (with the Tenant Improvements rents, covenants and the Core and Shell Work Substantially Complete) agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on or before the Estimated Delivery Date. If Core Exhibit "A" attached hereto and Shell Work or the Tenant incorporated herein ("Land"), together with those certain Landlord's Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify defined in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; "B" (2"Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant’s failure 's trade fixtures), to fulfill its obligations be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as set forth the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the Work Letter (including event that, after the Effective Date any failure new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or approve or disapprove any items in accordance with the Work Letter); (3) delays caused occupancy by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure Premises for its intended purpose. Tenant shall deliver written notice to Landlord of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget its approval or disapproval of such Title Matters within ten (10) calendar days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a draft Budget written reminder notice to Tenant or any request by and Tenant that the scope fails to respond within five (5) days of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice delivery of the date when Landlord believes written reminder notice, the Term Commencement Date will occurnew Title Matter shall be deemed approved.

Premises. Landlord Pursuant to the Master Lease specified below, Manager shall endeavor provide GROUP with adequate administrative office space at the addresses described therein (the “Premises”) and Group shall retain all of its remaining facilities for the operation of the Practice with leasehold improvements, auxiliary services and utilities in order that GROUP may effectively perform its functions and duties. In consideration of the sums to tender possession be paid to Manager under the terms of this Agreement, Manager hereby leases to GROUP during the term of this Agreement the furniture, fixtures and equipment (the “FF&E”) listed on Exhibit “B” attached hereto and incorporated herein by this reference, under the following terms and conditions: 1.1. Manager is the lessee under certain leases for the Premises (with hereinafter collectively referred to as the Tenant Improvements and the Core and Shell Work Substantially Complete“Master Lease”) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms copies of the Work Letter which are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in “A” and incorporated herein by this Lease or reference. GROUP hereby acknowledges that the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Premises described in the Work Letter) or TI Tenant Change Order Requests (as defined in Master Lease are suitable for the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress administrative office of the work; (6) failure Practice. Based and contingent upon GROUP’s promise to timely pay all amounts due under this Agreement, Manager hereby agrees to sublease the leased Premises to GROUP upon the following terms and conditions: 1.1.1. This sublease between Manager and GROUP of Landlord the Premises shall be subject to all of the terms and Tenant to agree (conditions of the Master Lease. In the event of the termination of Manager’s interest as lessee under the Master Lease for any reason, provided Landlord acts in good faith then the sublease created hereby shall simultaneously terminate unless GROUP is willing to assume the obligations under the Master Lease and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope Lessor consents thereto. 1.1.2. All of the Tenant Improvements terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of the sublease (with each reference therein to “Lessor” and “Lessee,” to be modified in connection deemed to refer to Manager and GROUP, respectively) and, along with the Budget; provisions of this Section and Exhibit “A,” shall be the complete terms and conditions of the sublease created hereby. 1.1.3. Notwithstanding the foregoing, as between Manager and GROUP, Manager shall remain responsible for meeting the financial obligations of “Lessee” under the Master Lease, and GROUP shall have no monetary obligation in that regard. In addition, as between Manager and GROUP, Manager shall retain all rights to exercise any options to purchase the Premises, or (7) delays caused by any revision other similar rights of ownership or possession, which may be granted under the Master Lease, and GROUP shall have no rights in that regard. 1.1.4. In the event this Agreement is terminated according to its terms, this sublease shall also terminate automatically. 1.1.5. If the Budget or TI Tenant Change Order Request. Landlord Master Lease contains an option to renew the term thereof, Manager shall endeavor in good faith to provide Tenant with notify GROUP, at least thirty (30) days prior written notice to the expiration of the date when time for exercising such option, of Manager’s intention to renew or not to renew such term. If Manager determines not to renew such term, Manager shall, at GROUP’s option and upon the consent of the Landlord believes in accordance with the Term Commencement Date will occurterms of the Master Lease, assign the Master Lease to GROUP, including Manager’s right to renew the term thereof.

Premises. Landlord shall endeavor to tender possession The Premises consists of the Premises (Building to be constructed by the Sublessor in accordance with the Tenant Improvements terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the Core and Shell Work Substantially Completeland area appurtenant thereto comprising approximately five (5) to Tenant on or before acres, which land area shall consist of a portion of the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former Xxxxx Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the Xxxxx Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Work Letter are not Substantially Complete on or before Ground Lease (the Estimated Delivery Date “Premises Ground Lease Amendment”) shall provide for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion addition of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction that portion of the requirements Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for Substantial Completion ground rent and construction obligations of Core Sublessor to the PDA with respect to the Building and Shell Work Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Tenant Improvements have been delayed by Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any Tenant Delay, Substantial Completion of Core and Shell Work and delay in the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area permitting or construction of the Premises in accordance with Article 9the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, which calculation must the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPDA.

Premises. Landlord shall endeavor to tender possession In consideration of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure obligation of Tenant to deliver items pay Rent (as hereinafter defined) as herein provided and in accordance with consideration of the Work Letter other terms, covenants and conditions hereof, Landlord hereby does lease, let and demise unto Tenant, and Tenant hereby does lease and rent from Landlord, upon and subject to the provisions of this Lease, approximately 1,620 square feet of rentable area as reflected on the floor plans attached hereto as Exhibit G; "B" and incorporated herein for all purposes (2such space so leased to Tenant is herein called the "Premises") located in the building known as "Commerce Green Office Park, Building II" (the "Building") located at 000 Xxxxxxxx Xxxxx Xxxx., Xxxxx Xxxx, Xxxxx 00000, on the tract of land (“Land”) situated in Fort Bend County, Texas and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the Building, the Land, and the parking areas and garages being hereinafter collectively referred to as the "Project"), TO HAVE AND TO HOLD said Premises for the Term, subject to the provisions of this Lease. Landlord reserves the right, without incurring any liability to Tenant and without altering in any way Tenant’s failure obligations under this Lease, to fulfill its obligations (i) change the tenant mix of the Project without prior notice, (ii) to develop certain areas of the Land as set forth separate parcels and remove or exclude them, from the Project, in this Lease Landlord’s sole discretion, and (iii) increase, reduce or change the Work Letter (including size, height or layout of the Project or any failure part thereof, and the right to review change the parking plan, tenant mix and/or parking ratios or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined to construct new buildings and structures in the Work Letter) or TI Tenant Change Order Requests (as defined common areas and to remove and replace existing buildings, tenants and structures in the Work Letter); (4) unavailability of materialsProject, components or finishes for Core and Shell Work or the Tenant Improvements provided in any such case that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress cost, use and enjoyment of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises is not materially adversely affected.

Premises. Landlord shall endeavor Lessor hereby leases to tender possession Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (with identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery DateFuture Expansion Premises. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms Lessee shall have a period of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion within which to exercise its right of Core first refusal to lease the Future Expansion Premises upon the terms and Shell Work and conditions of this Lease, but at a rate as acceptable to the Tenant Improvementsproposed third party tenant. If, Landlord’s architect shall calculate and certify however, the Lessor has available space in writing the Future Expansion Premises, but has not received a bona fide offer from a third party to Landlord and Tenant the Rentable Area of lease said Premises, Lessee may lease that space in addition to the Premises in accordance with Article 9described herein. In that case, which calculation must the lease of that Future Expansion Premises shall be approved at the same rental and governed by Landlord the same terms and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto conditions as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth outlined in this Lease or Agreement. In either case, the Work Letter (including any failure parties hereto shall enter into an amendment to review or approve or disapprove any items in accordance with this Lease Agreement describing the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in additional space to be leased and the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability term of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurrental.

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Subject to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableLease, Landlord shall not be liable leases to Tenant for any loss or damage resulting therefrom and Tenant leases from Landlord the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction entirety of the requirements for Substantial Completion of Core and Shell Work or the Premises. Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of accepts the Premises in accordance with Article 9its “AS IS” condition, which calculation must be approved without relying on any representation, covenant or warranty by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto other than as Exhibit G; (2) Tenant’s failure to fulfill its obligations as expressly set forth in this Lease or Lease. Prior to the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsCommencement Date, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure representatives of Landlord and Tenant shall conduct a walk-through of the Premises at a mutually convenient time to determine if any Building Systems are not working. If any Building Systems are not working at such time, then Landlord shall promptly repair the same at Landlord’s expense. Landlord and Tenant (a) acknowledge that all square foot measurements are approximate and (b) stipulate and agree (to the rentable square footages set forth in Sections 1(c) above for any reason, provided Landlord acts in good faith and diligently to work with Tenant all purposes with respect to this Lease. Landlord shall: (i) remove all debris and fencing from the Budgetparking lot located on the Land, (ii) improve the parking lot with slurry seal on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope asphalt area and new striping of the Tenant Improvements be modified asphalt and concrete areas, which shall result in connection with approximately three (3) parking spaces per each 1,000 square feet of the BudgetBuilding; and (iii) construct a trash enclosure, and (iv) complete any other work or (7) delays caused by any revision improvements to the Budget or TI Tenant Change Order RequestPremises required by the City of Sunnyvale pursuant to the necessary permit to complete the trash enclosure (collectively, the “Landlord’s Work”). Landlord’s Work shall be completed in accordance with all Laws and regulations of the City of Sunnyvale, and shall be at Landlord’s cost. Landlord shall endeavor in good faith use commercially reasonable efforts to provide Tenant with at least thirty complete items (30i) days prior written notice and (ii) by August 1, 2016 and items (iii) and (iv) by September 1, 2016. Each of the date when parking spaces striped by or on behalf of Landlord believes shall be legally compliant parking spaces. The kitchen appliances listed in Exhibit H hereto shall remain within the Term Premises for Tenant’s use. Furthermore, all data wiring serving the Premises and existing prior to the Commencement Date will occur(the “Cabling”) shall remain intact and in place, and Tenant shall have the right to use such Cabling during the Term, but any changes to the Cabling shall be at Tenant’s sole expense. Landlord represents and warrants that to Landlord’s actual knowledge, the Premises is compliant with all Laws, except for the need for a trash enclosure if the user of the Building does not compost all of its waste.

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises as shown as attached Exhibit “A” within the Building (the Building and the lot on which it is located, the “PROPERTY”), together with the non-exclusive right with Landlord and other occupants of the Building to use all areas and facilities provided by Landlord for the use of all tenants in the Property including any lobbies, hallways, driveways, sidewalks and parking, loading and landscaped areas (the “COMMON AREAS”). Notwithstanding the foregoing, the Landlord shall endeavor complete the work described on Exhibit “A-2” necessary to tender improve the Premises (collectively, the “LANDLORD’S WORK”), as such improvements are depicted on Exhibit “A-1”. In addition the Landlord Work, Landlord shall cause additional air conditioning returns to be installed in the new offices being constructed and to relocate certain electrical outlets in accordance with Tenant’s reasonable requests. Landlord agrees at its cost and expense to complete the Landlord’s Work and to deliver possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant in a substantially completed condition and in compliance with all applicable laws and regulations. Landlord anticipates that it will substantially complete the Landlord’s Work on or before September 28,2015, If Landlord fails to complete the Estimated Delivery Date. If Core and Shell Landlord’s Work by November 1,2015, as the same may be extended for delays caused by Force Majeure or Tenant, then the Tenant Improvements as required pursuant to the terms commencement of payment of Minimum Annual Rent shall be delayed by one (1) day for each day that delivery of possession of the Premises is delayed beyond November 1, 2015, If Landlord fails to complete the Landlord’s Work Letter are not Substantially Complete on by December 1, 2015, as the same may be extended for delays caused by Force Majeure or before Tenant, Tenant shall have the Estimated Delivery Date for any reason whatsoever, then option of canceling and terminating this Lease shall not be void or voidableby giving notice in writing to Landlord at any time prior to die date on which Landlord delivers of possession of the Premises to Tenant, Landlord In the event this Lease is so terminated, Tenant shall not be liable to Tenant for Landlord on account of any loss covenant or damage resulting therefrom obligation herein contained, and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements security deposit shall be deemed refunded to occur when (as reasonably determined by Landlord) Substantial Completion Tenant. For the purposes of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvementsthis Lease, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant DelayForce Majeure” shall mean any delay in the commencement strikes, lock-outs, riots or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) other labor troubles, unavailability of materials, components a national emergency, any rule, order or finishes for Core and Shell Work regulation of governmental authorities, tornados, floods, hurricanes or other natural disaster, or Acts of God, or other similar causes not within the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.control

Premises. Landlord Lessor, for and in consideration of the rents, covenants, and agreements herein contained on the part of Lessee to be paid, kept, and performed, does hereby lease, rent, let, and demise unto Lessee, and Lessee does hereby take, accept, hire, and lease from Lessor, upon and subject to the conditions hereinafter expressed, the Premises (as further described in and shown on Exhibit A, as such Exhibit A may be amended in accordance with the provisions of this Lease) for the sole and exclusive purpose of conducting the Permitted Use and designing, constructing, operating, maintaining, repairing, and expanding the Permitted Improvements. Appurtenant to Lessee’s rights to the Premises is the non-exclusive right, subject to the terms set forth herein, to use each of the Access Easement Area, Construction Easement Area, and Utility Easement Area for its specified purpose. The Premises, which shall endeavor include the Lessee’s appurtenant rights to tender possession the Access Easement Area, Construction Easement Area, and Utility Easement Area, are demised subject to the following: (a) any encumbrances shown on the survey of the Property or the Premises; (b) covenants, restrictions, easements, agreements, and reservations, as set forth in Exhibit A, as such Exhibit A may be amended in accordance with the provisions of this Lease; (c) present and future zoning laws, ordinances, resolutions and regulations of the municipality in which the land lies, and all present and future ordinances, laws, regulations, and orders of all boards, bureaus, commissions, and bodies of any municipal, county, state, or federal authority, now or hereafter having jurisdiction, so long as they permit or otherwise regulate the use of the Premises for the Permitted Use (provided that Lessor shall not restrict or encumber the Premises for the Permitted Use after the Effective Date); (d) the condition and state of repair of the Premises as the same may be on the Effective Date; (e) all water charges, electric charges, and sewer rents, accrued or un-accrued, fixed or not fixed, from and after the Effective Date arising as a result of the construction and operation of the Solar Energy Facility, the Permitted Improvements, or any other appurtenant facilities or improvements associated with the Tenant Improvements and Permitted Use; and (f) full compliance by the Core and Shell Work Substantially Complete) to Tenant on or before Lessee with all Applicable Legal Requirements that require compliance by Lessee in connection with the Estimated Delivery Date. If Core and Shell Work Premises, the Permitted Use or the Tenant Permitted Improvements (provided, however, that Lessor shall not restrict or otherwise encumber the Premises for the Permitted Use after the Effective Date). Exhibit A attached to this Agreement as required pursuant to the terms of the Work Letter are not Substantially Complete Execution Date includes the Parties’ initial approximation of the Premises. Lessee shall be permitted to propose to Lessor amendments to Exhibit A that set forth an updated description of and drawings indicating the Premises (including the Access Easement Area, Construction Easement Area, Point of Delivery and Utility Easement Area), one such amendment to be submitted before commencement of installation work on or before the Estimated Delivery Date for any reason whatsoever, then this Lease Solar Energy Facility and another to be submitted upon completion of the Solar Energy Facility that shall indicate the as-built location of the Solar Energy Facility and all Permitted Improvements. Lessor shall review such proposed amendments to Exhibit A and approve such amendments in a written consent executed by Lessee and Lessor. Lessor’s approval shall not be void unreasonably denied or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursdelayed; provided, however, if in the satisfaction of event the requirements for Substantial Completion of Core and Shell Work or Lessor does not provide such approval, the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Parties shall be deemed obligated to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts negotiate in good faith and diligently in order to work with Tenant with respect to reach agreement on the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope form of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursuch proposed amendments.

Premises. The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, for the Term, the Premises comprised of the space illustrated on Exhibit C-1, in its current as-is condition, except for (i) completion of work required by Landlord to fulfill Landlord’s obligations as outlined in the Tenant/Landlord Responsibility Matrix attached hereto as Exhibit D provided the parties acknowledge and agree that Landlord’s Work shall proceed concurrently with the construction of Tenant’s Work (to the extent that such Landlord’s Work does not materially interfere with the construction of Tenant’s Work); (ii) demolition and disposal of the existing improvements in the Premises, (iii) installation of a new centralized lab-ready base building HVAC system, delivery of mechanical electrical, life safety and plumbing systems serving the Premises in good operating condition and repair, and (iv) refurbish the existing common area locker and common shower room on the first floor of the Building (all work described in (i) — (iv) above, collectively, the “Landlord’s Work”) subject to the exclusion herein below set forth in this Section 2.1, Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Property and the terms and conditions of this Lease . Landlord shall endeavor to tender possession perform the Landlord’s Work in a good and workmanlike manner, free from faults and defects, in compliance with all applicable federal, state and local laws, rules and regulations. Landlord shall complete the Landlord’s Work in a timely and diligent manner and in accordance with the Construction Schedule set forth at Exhibit M, and with the completion of the Premises Landlord’s Work scheduled to occur no later than May 31, 2018 (with the “Landlord’s Work Target Date”). In the event that Landlord has not completed Landlord’s Work by July 15, 2018 (the “Initial Delivery Deadline”), subject in each case to extension for each day of Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required Delay pursuant to the terms Work Letter, Tenant shall be entitled to one (1) day of abatement of Annual Fixed Rent for each day of such delay. Completion of Landlord’s Work shall be achieved when such work is complete except for Punch List (as defined below) items that do not adversely affect Tenant’s Use and occupancy of the Premises, all utilities, building systems and equipment, including without limitation the HVAC systems and components, are in good working order and Landlord has received a certificate of occupancy from the applicable authority of the City of Cambridge for Landlord’s Work Letter are (excluding the Tenant Improvements). In the event that Landlord has not Substantially Complete on or before completed Landlord’s Work within forty-five (45) days after the Estimated Initial Delivery Date Deadline, then Tenant shall be entitled to two (2) days of abatement of Annual Fixed Rent for any reason whatsoevereach day of such delay. In the event that Landlord has not completed Landlord’s Work within one hundred thirty-five (135) days after the Initial Delivery Deadline (herein, the “Outside Delivery Deadline”), subject to extension for each day of Tenant Delay pursuant to the Work Letter, this Lease may be terminated by Tenant, effective upon written notice delivered to Landlord no later than the date that is ten (10) days after such Outside Delivery Deadline. If Tenant has not delivered such written notice of termination to Landlord within such required time period, then this Lease shall not remain in full force and effect. If Tenant delivers such written notice of termination within such required time period, then the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be void returned to Tenant, and neither Landlord nor Tenant shall have any further rights, duties or voidableobligations under this Lease, except any provisions which expressly survive termination of this Lease. Landlord shall not be liable use good faith efforts to Tenant for any loss or damage resulting therefrom ensure, and cause Contractor to ensure, that completion of the Term Commencement Date Landlord’s Work shall not occur until Substantial Completion of Core and Shell Work and interfere with the Tenant Improvements occurs; provided, however, if the satisfaction ongoing construction of the Initial Leasehold Improvements. See Section 4.5 herein for additional requirements for Substantial Completion governing the Landlord’s Work. On or before the anticipated Rent Commencement Date, Tenant or Tenant’s representative shall conduct an inspection of Core and Shell the Premises with Landlord or Landlord’s representative to develop a punch list of all Landlord’s Work items which are not complete or which require correction (the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and “Punch List”). Landlord shall complete and/or correct all items on the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within Punch List within thirty (30) days after Substantial Completion Landlord receives the Punch List and shall give Tenant written notice when all of Core and Shell Work and the Tenant Improvementsitems on the Punch List have been completed and/or corrected. Landlord warrants, for a period of one year from the date of completion of Landlord’s architect Work as provided in this Section, that Landlord’s Work shall calculate be constructed (i) in a good and certify workmanlike manner and with all utilities, building systems and equipment, including without limitation the HVAC systems and components, in writing good working order (such warranty shall be exclusive of equipment warranties provided directly by manufacturers for equipment to Landlord and Tenant the Rentable Area of be installed within the Premises as provided below), (ii) in accordance compliance with Article 9applicable legal requirements, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1iii) delays or failure of Tenant to deliver items substantially in accordance with the plans and specifications therefor (collectively, “Landlord’s Warranty”). Tenant shall have one year after the date of completion of Landlord’s Work Letter attached hereto as Exhibit G; provided in this Section within which to notify Landlord of any breach of Landlord’s Warranty (2) a “Construction Defect”). Within 30 days after delivery Tenant’s failure notice of any such Construction Defect, Landlord shall remedy or cause the responsible contractor to fulfill its obligations as set forth remedy any such Construction Defect within a reasonable time. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in this Lease or the Work Letter (including Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused such extended warranties shall be borne by Tenant Change Order Requests (as defined in or payable out of the Work Letter) or TI Tenant Change Order Requests LIA (as defined in the Work Letter); (4) unavailability . Tenant shall further be subject to any easements, covenants and/or restrictions or other matters of materials, components or finishes for Core and Shell Work or record encumbering the Tenant Improvements Park provided that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission any such matters of Tenant or record arising after the date hereof do not prohibit Tenant’s Agents that interferes with the progress use and occupancy of the work; (6) failure Premises for the Permitted Use or materially and adversely affect Tenant’s rights under this Lease. The Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of the Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget Premises, the Building or the Property or with respect to Tenant or the suitability of any request by Tenant that of them for the scope conduct of the Tenant Improvements be modified Tenant’s business or activities. The Premises shall exclude common areas and facilities of the Property, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, first floor elevator lobby and lavatories, the common stairways and stairwells, elevators and elevator xxxxx, boiler room, sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in connection with common other parts of the Budget; or (7) delays caused by Building. If the Premises at any revision to time includes less than the Budget or TI Tenant Change Order Requestentire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor. Landlord shall endeavor be delivering the Premises in good faith “as is” condition at the Commencement Date of the Lease. Prior to the Commencement Date, Landlord shall provide Tenant with at least thirty (30) days prior written notice evidence of the date when decommissioning of the Premises by the prior tenant. Landlord believes represents and warrants to Tenant that, to the Term Commencement Date will occurbest of Landlord’s current knowledge, information, and belief, (a) the Building and the Premises are in material compliance with all applicable zoning, land use and environmental laws and agreements, the Americans with Disabilities Act of 1990, as amended, and the requirements of all easement and encumbrance documents and Landlord covenants to keep the Building in compliance throughout the Term; (b) Landlord holds the tenant’s interest under the Ground Lease (as such term is defined in Section 12.14), subject to no mortgage other than the current mortgage to CIGNA; (c) Landlord has full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; and (d) no other party has any possessory right to the Premises or has claimed the same.

Premises. Landlord shall endeavor Subject to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached hereto to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth otherwise expressly provided in this Lease or the Work Letter (including any failure attached hereto, Tenant agrees to review or approve or disapprove any items accept the Premises in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialstheir current “AS IS, components or finishes for Core WHERE IS” condition and Shell Work or the Tenant Improvements acknowledges that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s Agents that interferes with the progress taking possession of the work; (6) failure Premises for the purposes of Landlord and conducting business, the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant to agree (for any reasonshall also have the nonexclusive right, provided Landlord acts in good faith and diligently to work with Tenant with respect subject to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget terms hereof, to use the Common Areas of the Project. Tenant or any request by Tenant acknowledges that the scope Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Tenant Improvements be modified in connection with Common Areas, as long as the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice Premises remain reasonably accessible and Tenant’s use of the date when Landlord believes the Term Commencement Date will occurPremises is not materially diminished.

Premises. Landlord shall endeavor to tender possession (a) Effective as of December 1, 2009 (the “Expansion Effective Date”), the Premises, as defined in the Lease, is increased from approximately Nine Thousand One Hundred Seventy-Two rentable square feet on the Tenth (10th) Floor of the Building to approximately Twelve Thousand Five Hundred Forty-Eight (12,548) rentable square feet on the Tenth (10th) Floor of the Building by the addition of the Expansion Premises. From and after the Expansion Effective Date, all references to the Premises (with in the Tenant Improvements Lease shall mean, collectively, the Existing Premises and the Core Expansion Premises. The Term for the Expansion Premises shall commence on the Expansion Effective Date and Shell Work Substantially Complete) to Tenant end on or before the Estimated Delivery Extended Termination Date. If Core and Shell Work or the Tenant Improvements as required , unless sooner terminated pursuant to the terms of the Work Letter Lease. The Expansion Premises is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Premises unless such concessions are not Substantially Complete expressly provided for herein with respect to the Expansion Premises. (b) Notwithstanding anything to the contrary set forth in Paragraph 3(a) above, if Landlord fails to deliver Tenant possession of the Expansion Premises on or before the Estimated Delivery Expansion Effective Date for any reason whatsoeverreason, then this Lease shall not be void or voidableincluding without limitation, holdover by prior occupants, Landlord shall not be liable to Tenant for any loss claims, damages or damage resulting therefrom and liabilities as a result thereof, but the Term Commencement Expansion Effective Date shall not occur until Substantial Completion be delayed to be the date upon which Landlord delivers possession of Core and Shell Work and the Tenant Improvements occursExpansion Premises to Tenant. Should the Expansion Effective Date be a date other than the date set forth in Paragraph 3(a), either Landlord or Tenant, at the request of the other, shall execute a declaration specifying the Expansion Effective Date; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth execute, or request execution of, such declaration shall not in this Lease or any way alter the Work Letter (including any failure to review or approve or disapprove any items in accordance with Expansion Effective Date. If the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in Expansion Effective Date is delayed the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements Extended Termination Date shall not be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursimilarly extended.

Premises. Landlord shall endeavor Subject to tender possession and with the benefit of the Premises provisions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord, the Rentable Floor Area of Tenant's Space in the Building (hereinafter, the "Tenant's Space"), together with the Tenant Improvements and appurtenances described below. Tenant's Space as the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required same may be expanded pursuant to Exhibit R, with such appurtenances, is hereinafter collectively referred to as "the terms Premises". Tenant shall have, as appurtenant to the Premises, the right to use in common with other tenants of the Work Letter are not Substantially Complete Park, as hereinafter defined, the areas shown on or before the Estimated Delivery Date for any reason whatsoeverPlan attached hereto as part of Exhibit A as "Building Parking Area", then this Lease all subject to and as further provided in Section 10.18 hereof. Tenant shall not be void or voidablealso have, Landlord shall not be liable as appurtenant to Tenant for any loss or damage resulting therefrom the Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants and owners of other lots in the Term Commencement Date shall not occur until Substantial Completion of Core park, commonly known and Shell Work referred to as the Bedford Woodx Xxxice Park and shown on the Tenant Improvements occurs; provided, however, if the satisfaction Plan of the requirements for Substantial Completion Park attached hereto as part of Core and Shell Work or Exhibit A (the Tenant Improvements have been delayed "Park") from time to time made by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located at the Park (the "Common Areas"), which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in including, without limitation, the commencement or completion Common Areas shown on the Plan of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter Park attached hereto as Exhibit G; A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof provided however that (2i) any amendments or modifications to such Common Area will not materially adversely effect Tenant’s failure 's ability to fulfill its obligations as set forth in this Lease or access the Work Letter Premises (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3ii) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to will provide Tenant with at least thirty (30) days prior written notice thereof and (iii) provided further that any such amendments or modifications to the Common Areas are reasonably functionally equivalent to the portion of the date when Landlord believes Common Areas that they amend or replace, (b) all rights of ingress and egress to and from the Term Commencement Date will occurBuilding and to and from the Park, all service areas, drainage structures and areas for surface water runoff, including, without limitation, storm drainage systems, ground water recharge areas and detention areas, (c) all driveways, roadways, sidewalks and footways and lighting systems, (d) all parking areas designated as common or visitors parking areas for use of the entire Park, if any, (e) all other rights appurtenant to the Lot and the Building, and (f) all utility lines, electricity, water and sewage disposal pipes and structures.

Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises, together with the right in common with others to use the Common Areas. Tenant shall have access to the Premises, 24 hours per day, 365 days per year, subject to reasonable security requirements, periodic maintenance and emergency situations and to all of the terms and conditions of this Lease. Subject to Landlord’s obligations with respect to the Tenant Improvements, Tenant accepts the Premises, Building and Common Areas “AS IS”, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Landlord and Tenant stipulate and agree to the rentable square footage set forth in Section 1 above without regard to actual measurement. (a) Landlord shall endeavor cause to tender possession of be constructed, in compliance with applicable Laws, the Premises tenant improvements described on Exhibit “C” (with the Tenant Improvements”). All bids received and subsequent documentation shall be available for Tenant’s review on an “open book” basis and Tenant shall be permitted to participate in the construction meetings (which shall be held not less frequently than twice per month) and in the selection process; provided, however, that all contractors shall be selected by Landlord in Landlord’s sole but reasonable discretion. All construction documents and drawings and similar documents for the Tenant Improvements shall be subject to Tenant’s approval, not to be unreasonably withheld. If Tenant fails to respond to any request for such approval within two (2) business days, then such approval shall be deemed given. Tenant shall have the right to inspect the progress of the Tenant Improvements upon reasonable advance notice to Landlord. Landlord shall cause the Tenant Improvements to be done in a good and workmanlike manner, and Landlord shall diligently and expeditiously pursue the Core issuance of a building permit for the construction of the Tenant Improvements. Landlord shall cause the Tenant Improvements to be carried forward expeditiously and Shell Work Substantially Complete) with adequate work forces so as to achieve Substantial Completion of the Tenant Improvements on or before the Estimated Delivery Commencement Date. If Core In constructing the Tenant Improvements, Landlord reserves the right to make substitutions of material of equivalent grade and Shell Work or quality if any specified material shall not be readily and reasonably available upon prior notice to Tenant. Upon the Tenant Improvements as required pursuant to the terms of the Work Letter are not being Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableCompleted, Landlord shall not be liable to notify Tenant, and Tenant for any loss or damage resulting therefrom and the Term Commencement Date its Agents shall not occur until Substantial Completion of Core and Shell Work and inspect the Tenant Improvements occurs; providedwith Landlord within three (3) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, however, if the satisfaction Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the requirements for Substantial Completion Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Core and Shell Work or Landlord’s receipt of the Tenant Improvements have been delayed by any Tenant Delaypunchlist. Upon completion of all punchlist items to Tenant’s reasonable satisfaction, Substantial Completion it shall be presumed that all of Core and Shell Work and the Tenant Improvements shall be deemed to occur when free from latent defects in materials and workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. Notwithstanding the foregoing, Landlord shall repair, at its sole cost and expense, any latent defects in the Tenant Improvements discovered within one (as reasonably determined by Landlord1) year following the Substantial Completion of Core the Tenant Improvements. (b) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Completed, in whole or in part, due to Tenant Delay, then the Free Rent Period shall be reduced for every day of such delay, and Shell Work if such delay is longer than the Free Rent Period, Tenant’s obligation to pay Rent hereunder shall not be affected or deferred on account of such delay, and the Commencement Date shall be deemed to be the date that the Tenant Improvements would have occurred if been Substantially Completed but for such Tenant Delay had not occurred. Within thirty Delay. (30c) days after Substantial Completion Following the determination of Core the Commencement Date, the parties shall execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, and Shell Work and the Tenant Improvements, LandlordTenant’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area acceptance of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant the form of Exhibit “H” attached hereto. (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in d) Commencing on the commencement or completion of the Core and Shell Work or the TI Work date that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least is approximately thirty (30) days prior written notice to the date that the Tenant Improvements are reasonably expected to be Substantially Completed, Landlord shall permit Tenant to enter the Premises in order to commence installing its furniture, equipment, cabling and wiring and fixtures, subject to Tenant obtaining, at Tenant’s sole cost and expense, all Permits required in connection with the installation thereof. With respect to such early access, all provisions of this Lease shall then be in full force and effect, specifically including, but not limited to, Sections 8 and 10 hereof (excluding however, Tenant’s obligation to pay Monthly Rent and utilities). Furthermore, Tenant’s entry in the Premises shall not interfere with Landlord’s construction of the date when Landlord believes Tenant Improvements and any such interference shall be considered a Tenant Delay hereunder. In connection with such early access, Tenant shall follow the Term Commencement Date will occurpolicies and safety directives of Landlord’s contractor.

Premises. Landlord Lessor hereby leases to Lessee a portion of that certain parcel of Property, hereinafter defined, as well as antenna space on the tower, hereinafter designated as “Lessor’s Tower,” with the entirety of Lessee’s equipment and antenna space hereinafter designated as “Facility,” all as more particularly shown on Exhibit A and Exhibit A-1, attached hereto and made a part hereof; and further described as a 20’ x 30’ parcel, containing six hundred (600) square feet, with all of same being a portion of the property at 00000 Xxx Xxxxxx Xxxx, XxXxxxxx, Virginia. Said address is further described on Xxxxxxxxx County Treasurer’s Office, Real Estate Tax Statement, as Map Number and Description 00 00X XX 00. The entirety of Lessor’s property is hereinafter designated as “Property.” The portion of the Property leased to the Lessee, including any rights-of-way, is hereinafter designated as “Premises.” a. Lessor and Lessee further agree and acknowledge that the Facility noted on Exhibit A-1, attached herein and incorporated by this reference, wholly and entirely represents its final installed configuration, pursuant to this Agreement. b. The Lessee shall endeavor have the non-exclusive right for access, and ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot, or motor vehicle, to tender possession the Premises. It is further agreed, however, that only authorized engineers, employees, and/or properly authorized contractors of Lessee, or persons under their direct supervision, will be permitted to enter such Premises. Notwithstanding the foregoing, Lessor grants to Lessee, the right of access to the Premises (with and other necessary areas of the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Property), for its permitted uses subject to the terms of and conditions noted in the Work Letter are not Substantially Complete on prime lease, license or before the Estimated Delivery Date other similar agreement with a third party (where applicable), for any reason whatsoevera particular location or site, then this Lease shall not be void which prime lease, license, or voidableother similar agreement with a third party, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed in full force and effect, with same being attached to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto this Agreement as Exhibit G; (2) Tenant’s failure C, when applicable. Lessor also grants to fulfill its obligations Lessee the easement and right to install and maintain wires, cables, conduits and pipes within, over, under or along the Property as set forth detailed in this Lease or Exhibit A. Additionally, the Work Letter (including Lessor grants to Lessee any failure to review or approve or disapprove any items in accordance with specific right of way for access, from the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability nearest public right-of materialsway, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reasonOld Cryors Road, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget Premises, as described Exhibit A. In the event any public utility is unable to Tenant use the aforementioned rights-of-way or any request by Tenant that easement, the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision Lessor hereby agrees to grant an additional right-of-way, either to the Budget Lessee or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with the public utility, at least thirty (30) days prior written notice of no cost to the date when Landlord believes the Term Commencement Date will occurLessee.

Premises. Landlord The Premises shall endeavor be located at: EMC GROUP, INC. By: Its: EXHIBIT B TO THE TREATS FRANCHISE AGREEMENT BETWEEN EMC GROUP, INC. AND DATED , 200 ASSIGNMENT OF LEASE FOR VALUE RECEIVED, the undersigned ("Assignor") hereby assigns, transfers and sets over unto EMC GROUP, INC., a Florida corporation ("Assignee"), all of Assignor's right, title and interest as tenant in, to tender and under that certain Lease, a copy of which is attached hereto as Exhibit A (the "Lease"), respecting premises commonly known as (the "Premises"). This Assignment is for collateral purposes only and, except as specified herein, Assignee shall have no liability or obligation of any kind whatsoever arising from or in connection with this Assignment or the Lease unless Assignee shall take possession of the Premises (with demised by the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required Lease pursuant to the terms hereof and shall assume the obligations of Assignor thereunder. Assignor represents and warrants to Assignee that it has full power and authority to assign the Lease and its interest therein and that Assignor has not previously assigned or transferred, and is not otherwise obligated to assign or transfer, any of its interest in the Lease or the Premises demised thereby. Upon a default by Assignor under the Lease or under that certain Franchise Agreement dated ___________, 19__ (the "Franchise Agreement") between Assignor and Assignee for that certain Treats Store located at the Premises, or in the event of a default by Assignor under any document or instrument securing the Franchise Agreement, Assignee shall have the right and is hereby empowered to take possession of the Work Letter are Premises demised by the Lease, expel Assignor therefrom, and, in such event, Assignor shall have no further right, title or interest in the Lease and shall remain liable to Assignee for all past due rents which Assignee shall be required to pay to Lessor to effectuate the assignment contemplated hereunder. Assignor agrees that it will not Substantially Complete on suffer or before permit any surrender, termination, amendment or modification of the Estimated Delivery Date Lease without Assignee's prior written consent. Throughout the term of the Franchise Agreement, Assignor agrees that it shall elect and exercise all options to extend the term of or renew the Lease not less than thirty (30) days prior to the last day that said option must be exercised, unless Assignee otherwise agrees in writing. Upon Assignee's failure otherwise to agree in writing, and upon failure of Assignor to elect to extend or renew the Lease as aforesaid, Assignor hereby appoints Assignee as its true and lawful attorney in fact to exercise such extension or renewal options in the name, place and stead of Assignor for the sole purpose of effecting such extension or renewal. ASSIGNOR: Dated: ATTEST: By: Its: EXHIBIT B CONSENT TO COLLATERAL ASSIGNMENT AND AGREEMENT OF LESSOR IN THE MATTER OF a Lease dated the day of , 1993, made between as Landlord and as Tenant ("Lease") and IN THE MATTER OF a Collateral Assignment of Lease dated between as Assignor and EMC Group, Inc. as Assignee ("Collateral Assignment"). The undersigned Lessor under the aforedescribed Lease hereby: (1) Agrees to notify Assignee in writing of and upon the failure of Assignor to cure any reason whatsoeverdefault by Assignor under the Lease; (2) Agrees that Assignee shall have the right, then this Lease but shall not be void or voidableobligated, Landlord shall not be liable to Tenant for cure any loss or damage resulting therefrom and default by Assignor under the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within Lease within thirty (30) days after Substantial Completion delivery by Lessor of Core notice thereof in accordance with Section (1) above; (3) Consents to the foregoing Collateral Assignment and Shell Work and the Tenant Improvementsagrees that, Landlord’s architect if Assignee shall calculate and certify in writing to Landlord and Tenant the Rentable Area take possession of the Premises in accordance with Article 9, which calculation must be approved demised by Landlord the Lease and Tenant (both hereby agreeing confirms to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in Lessor the commencement or completion assumption of the Core and Shell Work or Lease by Assignee as tenant thereunder, Lessor shall recognize Assignee as tenant under the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reasonLease, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget that Assignee cures within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least said thirty (30) days prior written notice day period the defaults of Assignor under the Lease; and (4) Agrees that Assignee may further assign the Lease to or enter into a sublease with a person, firm or corporation who shall agree to assume the tenant's obligations under the Lease and who is reasonably acceptable to Lessor and, upon such assignment, Assignee shall have no further liability or obligation under the Lease as assignee, tenant or otherwise, other than to certify that such additional assignee or sublessee operates the Premises demised by the Lease as a Treats Franchise; and (5) Agrees that in the event of an assignment or sublease pursuant to Item 4 above, to execute a further Consent to Collateral Assignment of the date when Lease and Agreement by Landlord believes the Term Commencement Date will occur.form in favor of EMC Group, Inc. DATED: LESSOR:

Premises. (a) Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to as the “Premises”), described in Paragraph 1(d) hereof and designated on Exhibit “A” hereto in the building commonly known as 000 Xxxxx Xxxxx, Xxxx, Xxxxxxxx (hereinafter referred to as the “Building”), together with the non-exclusive right and easement to use the parking (subject to the provisions of Paragraph 36 hereof) and common facilities which may from time to time be furnished by Landlord in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. The Building and common areas, including parking, are hereafter referred to as the “Development” which is more particularly described on Exhibit “B” hereto. Notwithstanding anything herein contained to the contrary, the Second and Third Floors of the Premises (with may not be completed and delivered to Tenant simultaneously. That one of the Second or Third Floor which is first completed and delivered to Tenant Improvements is herein referred to as “Phase One” and the Core other such Floor is herein referred to as “Phase Two.” The date Phase Two is completed and Shell Work Substantially Complete) delivered to Tenant on or before as provided in Paragraph 3(a) hereof is herein referred to as the Estimated Delivery “Effective Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms .” (b) The usable square foot area of the Work Letter are not Substantially Complete on or before Premises, as well as the Estimated Delivery Date for any reason whatsoeverBuilding shall be computed based upon the BOMA American National Standards Z65.1 1996, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date rentable area of the Premises, as well as the Building, shall not occur until Substantial Completion contain a proportionate share of Core the common areas of the Building, utilizing a common area factor on a multi-tenant floor of thirteen percent (13%) and Shell Work on a single tenant floor of eight percent (8%). (c) The rentable square foot area of the Premises, if any, other than the Second and Third Floors, shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the Tenant Improvements occursrentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the satisfaction measurement or calculation by Landlord’s architect, Xxxxxx Xxxxx (hereinafter referred to as the “Independent Architect”) shall promptly measure such portion of the requirements for Substantial Completion of Core Premises and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements its determination shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and binding on the Tenant Improvements would have occurred if parties. In the event such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvementscertification or determination shall contain a rentable square foot area different than that previously utilized, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the Rentable Area rentable square foot area set forth in such certification and Section l(j) shall be revised accordingly. The parties acknowledge that the rentable square foot area of the Premises in accordance with Article 9, which calculation must be approved by Landlord Second and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations Third Floors is as set forth in Section 1(d) hereof and is not subject to measurement as provided in this Lease Paragraph 2(c). (d) Tenant shall be allowed access to the Premises and reasonable portions of the common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or the Work Letter (including any failure to review or approve or disapprove any items in accordance keys, provided that Tenant shall not materially interfere with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurconstruction activities.

Premises. (a) Landlord, in consideration of the rents to be paid and covenants and agreements to be performed by Tenant, does hereby lease unto Tenant premises comprised of approximately 20,000 square feet of leasable space (the "Premises") in the shopping center owned by Landlord shall endeavor to tender possession containing approximately 230,000 square feet of leasable space on approximately 25 acres and commonly known as Chagrin Highlands, in the City of Cleveland, County of Cuyahoga and State of Ohio (the "Center"). The location, size, and area of the Premises and of the Center as of the Commencement Date (with defined below) will be substantially as shown on Exhibit "A" attached hereto and made a part hereof (the "Site Plan"). A legal description of the Center is attached hereto as Exhibit "B" and made a part hereof. (b) The square footage specified in Section 1(a) shall be certified to Tenant Improvements by Landlord's architect prior to the Rent Commencement Date (defined in Section 3(b) below). Tenant shall have ninety (90) days from the receipt of such certification to verify or object to Landlord's measurement. If Tenant objects to Landlord's measurement within said ninety (90) day period, the parties shall work together in good faith to resolve the differing square footage calculations. In computing the square footage of the Premises, the Premises shall be measured from the exterior surface of exterior walls and the Core middle of interior walls, excluding the square footage of any mechanical and Shell Work Substantially Complete) to Tenant on or before utility rooms, escalators, elevators, stairs and any other common area space located within the Estimated Delivery DatePremises. If Core the square footage of the Premises as verified and Shell Work or the confirmed by Tenant Improvements as required pursuant to this Section 1(b) is less than the terms of size specified in Section 1(a), Base Rent (defined in Section 4(a) below) and other charges shall be proportionately adjusted, but the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease foregoing shall not be void construed as permitting a material variance in dimensions or voidable, area. (c) Landlord shall not be liable to Tenant for any loss covenants that the Center is or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items developed in accordance with the Work Letter attached hereto Site Plan and that it shall be used as Exhibit G; a retail shopping center throughout the term of this Lease. Landlord shall not take or consent to any action which materially adversely affects access to, visibility of, parking for or use of the Premises. Notwithstanding the foregoing, no modification or replacement to the Center shall (2i) Tenant’s failure reduce the ratio of parking spaces (for standard size American cars) to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined gross leasable area of buildings in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; Center below five (5) a willful spaces per 1,000 square feet of leasable space, (ii) alter or negligent act make any changes, including any reduction or omission rearrangement of parking spaces, to that portion of the Center indicated on the Site Plan as the "Protected Area", (iii) interfere with truck access to the loading doors of the Premises, (iv) materially adversely interfere with customer access to the Premises, (v) materially adversely interfere with the visibility of the Premises from the roads providing direct access to the Center, or (vi) result in the construction of any buildings in the area designated "No Build Area" on the Site Plan. In performing any construction work, repairs or maintenance in the Center permitted under this Lease after Tenant has taken physical possession of the Leased Premises, Landlord shall use good faith, commercially reasonable efforts to prevent any interference with parking for, access to or visibility or use of the Premises or the business of Tenant or any subtenant or licensee of Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Premises. 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the terms, covenants and conditions set forth in this Lease the (the "Premises") shown Exhibit A attached hereto and described in the Basic Lease Information, which Premises are located in the building (the "Building") described in the Basic Lease Information. The Building is part of a larger campus for Making Waves Academy consisting of the MWA Middle School and the MWA Upper School (the "Campus"). As used in this Lease, the term "Campus" shall endeavor include the parcel or parcels of land on which the MWA Middle School and the MWA Upper School is located and all appurtenances thereto. The Premises shall include the appurtenant right to tender possession the use, subject to the reasonable rules and regulations as may be promulgated by Landlord from time to time, all portions of the Campus other than the Premises. Landlord reserves the right to close, make alterations or additions to, or change the size, configuration, use and location of elements of the Building and the Campus and their respective common areas. All of the windows and outside decks or ten-aces and walls of the Premises (with and any space in the Tenant Improvements Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the Core use thereof and Shell Work Substantially Complete) access thereto through the Premises for the purposes of operation, maintenance and repairs, are reserved to Landlord. Tenant on or before shall not in any event be permitted to use the Estimated Delivery Date. If Core roof of the Building for any purpose without first obtaining the prior consent of Landlord; provided however, that the Landlord shall permit Tenant to sublease the roof the Premises for the installation of solar panels provided that all such solar panel work is performed in accordance with Article 8 and Shell Work such installation does materially adversely affect the operation of the Building or the functionality of the roof. 1.2 For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant Improvements as required hereby acknowledges, that the Premises have not undergone inspection by a person certified pursuant to the terms Section 4459.2 of the Work Letter California Government Code (a Certified Access Specialist). Tenant hereby waives any and all rights it otherwise might now or hereafter have under Section 1938 of the California Civil Code. Landlord and Tenant expressly agree that there are not Substantially Complete on and shall be no implied warranties of merchantability, habitability, fitness for a particular purpose, or before the Estimated Delivery Date for any reason whatsoever, then other kind arising out of this Lease and there are and shall not be no warranties that extend beyond the warranties, if any, expressly set forth in this Lease. 1.3 Tenant shall use such parking spaces solely for parking automobiles of Tenant'sofficers, students, families, visitors and employees. Tenant shall comply with all Rules and Regulations and all laws now or hereafter in effect relating to the use of parking spaces. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord shall not be liable to Tenant for any loss or damage resulting therefrom damage, nor shall there be any abatement of rent hereunder, by reason of any reduction in Tenant's parking rights hereunder by reason of strikes, lock-outs, labor disputes, shortages of material or labor, fire, flood or other casualty, acts of God or any other cause beyond the control of Landlord. 1.4 Tenant acknowledges that Landlord may be required to disclose certain information concerning the energy performance of the Building pursuant to California Public Resources Code Section 25402.10 and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and regulations adopted pursuant thereto (collectively the "Energy Disclosure Requirements"). Tenant Improvements occurs; provided, however, if the satisfaction acknowledges prior receipt of the requirements for Substantial Completion Data Verification Checklist, as defined in the Energy Disclosure Requirements, and agrees that Landlord has timely complied in full with Landlord's obligations under the Energy Disclosure Requirements. Tenant acknowledges and agrees that (i) Landlord makes no representation or warranty regarding the energy performance of Core and Shell Work the Building or the accuracy or completeness of the Data Verification Checklist, (ii) the Data Verification Checklist is for the current occupancy and use of the Building and that the energy performance of the Building may vary depending on future occupancy and/or use of the Building, and (iii) Landlord shall have no liability to Tenant Improvements for any errors or omissions in the Data Verification Checklist. If and to the extent not prohibited by applicable Jaw, Tenant hereby waives any right it may have been delayed by to receive the Data Verification Checklist, including, without limitation, any right Tenant Delaymay have to terminate this Lease as a result of Landlord's failure to disclose such information. Further, Substantial Completion Tenant hereby releases Landlord from any liability Landlord may have to Tenant relating to the Energy Data Verification Checklist, including, without limitation, any liability arising as a result of Core and Shell Work and Landlord's failure to disclose any matter requiring disclosure under the Energy Disclosure Requirements to Tenant Improvements prior to the execution of this Lease. Xxxxxx's acceptance of the Premises pursuant to the terms of this Lease shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion include Tenant's approval of Core and Shell Work the energy performance of the Building and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurData Verification Checklist.

Premises. Landlord The Premises shall endeavor be expanded to tender possession include the 11,654 rentable square feet consisting of the 21st Floor described on Exhibit A-1 hereto (“21st Floor Space”), from and after the Effective Date or such later date on which the 21st Floor Space is delivered to Tenant in the Required Condition (defined below) (“21st Floor Inclusion Date”). The Premises shall be further expanded to include (with a) the Tenant Improvements 24th Floor Space from and after the Effective Date; (b) the 11,717 rentable square feet consisting of the 22nd Floor described on Exhibit A-2 hereto (“22nd Floor Space”); and (c) the 10,866 rentable square feet consisting of the 23rd Floor described on Exhibit A-3 hereto (“23rd Floor Space”) on June 1, 2010, or such earlier date as may be consented to by Tenant, or on such later date on which the 22nd Floor Space and the Core and Shell Work Substantially Complete) 23rd Floor Space are delivered by Landlord to Tenant in the Required Condition. The date of delivery of the 22nd Floor Space and the 23rd Floor Space in the Required Condition is hereafter referred to as the “22nd and 23rd Floor Inclusion Date”. Tenant shall accept the 00xx Xxxxx, 00xx Xxxxx and 23rd Floor Spaces in their “as is”, “where is” condition, and “with all faults”, provided however, each of said spaces shall, on or before the Estimated Delivery Effective Date and 22nd and 23rd Floor Inclusion Date, respectively, be free of (i) all tenancies and occupants, (ii) violations that would prevent Tenant from obtaining a work permit for the performance of alterations to ready each space for occupancy, and (iii) asbestos in friable condition. If Core and Shell Work or the Tenant Improvements as required pursuant agrees that if it uncovers asbestos while making improvements to the terms spaces, and the asbestos is not in friable condition, or is or can be encapsulated, then Landlord will have no obligation to remove the asbestos. By way of example, if there is VAT tile, which is covered, or shall be covered by Tenant with other floor covering, Landlord will have no obligation to remove the VAT tile. Landlord agrees to obtain for Tenant an ACP-5 for demolition work to be performed by Tenant within each of the Work Letter 21st, 22nd and 23rd Floor Spaces upon receipt of demolition plans for such spaces. The conditions noted in (i), (ii) and (iii) above are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval‘Required Condition”). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: LANDLORD AND LANDLORD’S AGENTS HAVE MADE NO REPRESENTATION OR WARRANTY TO TENANT, EXPRESS OR IMPLIED, RESPECTING THE CONDITION OF THE SPACES LEASED OR TO BE LEASED HEREUNDER OR THE BUILDING, INCLUDING WITHOUT LIMITATION (1A) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; ANY IMPLIED OR EXPRESS WARRANTY OF QUALITY, CONDITION OR TENANTABILITY, OR (2B) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Premises. Landlord shall endeavor 1.1 Lessor has entered into an agreement to tender possession acquire the real property consisting of land, and all buildings and improvements, including 138,165± square feet of indoor self storage space, and located at 0000 Xxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxxxxxxxx 00000, which real property is legally described in attached Exhibit “A” (collectively “Premises”). Lessor, in consideration of the Rent (as hereinafter defined) and of the covenants, conditions and agreements herein contained, and in consideration of a non-refundable $500 payment to be made by Lessee to Lessor following the full execution of this Lease, does hereby lease unto Lessee, and Lessee does hereby lease from Lessor the Premises. Lessor and Lessee hereby acknowledge and agree that a portion of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required has been leased for automobile storage purposes pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoevera lease dated May 15, then 2001 between Milford Project, LLC and Milford Gateway, Inc. (“Auto Storage Lease”), and this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant xxxxxxxxx with respect to the Budget) Auto Storage Lease. Lessee may utilize any personal property located on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request the Premises not covered by Tenant the Auto Storage Lease at no charge. Lessor and Lessee acknowledge and agree that the scope as of the Tenant Improvements be modified in connection with Commencement Date (as hereinafter defined) Lessee shall have the Budget; or full and exclusive right to use, occupy, possess, operate and control the Premises (7) delays caused by any revision except for the portion leased under the Auto Storage Lease), including the entire self storage facility on the Premises, subject to the Budget or TI Tenant Change Order RequestLeases (as hereinafter defined) and covenants, easements and agreements of record (which covenants, easements and agreements may be raised by Lessee as title objections pursuant to Section 8 hereof). 1.2 This Lease is contingent upon Lessee entering into three (3) other leases involving self storage properties located at One Executive Boulevard, Farmingdale, New York, 00 Xxxx Xxxx Xxxxxx, Hicksville, New York and 00 -00 Xxxxxxx Xxxxxx and 00-00 Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxx. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice See also Section 5.7 of the date when Landlord believes the Term Commencement Date will occurthis Lease.

Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to as the “Premises”), described in Section 1(d) hereof and designated on Exhibit “A” attached hereto in the building commonly known as the Xxxxxx Building and located at Xxx Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000, consisting of approximately 815,119 rentable square feet of floor area (hereinafter referred to as the “Building”), together with the non-exclusive right and easement to use the common facilities located within and/or comprising a part of the Building (the “Common Areas”) which Common Areas are for the use in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. (b) The rentable area of the Premises, as well as the Building shall endeavor be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-2010, and the rentable area of the Premises, as well as the Building, shall contain a proportionate share of the Common Areas of the Building, utilizing a common area load factor not to tender possession exceed nine and a half percent (9.5%) with respect to the fourth floor and fifteen percent (15%) with respect to the fifth floor. (c) The rentable square foot area of the Premises shall be measured by Landlord’s architect (with “Landlord’s Architect”), and Landlord’s Architect shall certify the Tenant Improvements rentable square foot area to Landlord and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursTenant; provided, however, that if Tenant disagrees with the satisfaction of the requirements for Substantial Completion of Core and Shell Work measurement or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined calculation by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements’s architect, Landlord’s an independent architect shall calculate and certify in writing to jointly selected by Landlord and Tenant shall promptly measure the Rentable Area Premises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in such certification and Sections 1(d), 1(h) and 1(k) shall be revised accordingly. (d) Tenant shall be allowed access to the Premises and reasonable portions of the Common Areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys, subject to Section 33 hereof and Exhibit “E” hereto. (e) Subject to the limitations set forth herein, Landlord reserves (i) the right from time to time to make changes, alterations, additions, improvements, repairs or replacements in or to the Building and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, escalators and stairways and other parts of the Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, all as Landlord may reasonably deem necessary or desirable; provided, however, under no circumstances may Landlord erect any pipes, ducts or conduits in any location within the Premises which interferes with or adversely impacts the use of the Premises, (ii) the right to eliminate, substitute, modify and/or rearrange the Common Areas (which may theretofore have been so designated) as Landlord deems reasonably appropriate, and (iii) change the name, number or designation by which the Building is commonly known, in which event, Tenant will refer to the Building by the name, number or designation as determined by Landlord from time to time. Tenant’s nonexclusive right to utilize the Common Areas shall be in common with Landlord, other tenants and occupants of the Building and others to whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the contrary, in exercising its rights pursuant to this Section or other provisions of this Lease, Landlord shall (a) not materially and adversely interfere with Tenant’s access to or operations in the Premises or Tenant’s use of the Common Areas which remain available for common use, however, the foregoing shall not preclude Landlord from modifying the Building lobby, or modifying or eliminating areas outside of the Building or (b) not materially or adversely increase any obligation of Tenant under this Lease. Under no circumstances shall Landlord undertake any action which materially restricts Tenant’s view out of its windows (including the hanging of any banners or signs). In addition, (w) any replacements, substitutions or alterations by Landlord shall be, in the reasonable opinion of Landlord, substantially equivalent to or better than then existing facilities, (x) installations, replacements and relocations shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces, within perimeter walls of the Premises or otherwise in boxed enclosures, (y) all work within the Premises by Landlord, other than due to an Emergency (as hereinafter defined) or required by Law (as hereinafter defined), shall be performed at such times and in such manner, as to create the least practicable interference with Tenant’s use of the Premises and (z) no such work by Landlord, other than due to an Emergency or required by Law, shall reduce the square footage of the floor area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant excess of two percent (both hereby agreeing to act reasonably with respect to granting such approval)2%) per floor of the Premises. “Tenant Delay” shall mean any delay Except in the commencement or completion case of the Core and Shell Work or the TI Work that results from or arises out Emergencies, Landlord agrees to give Tenant reasonable advance notice of any of the following: foregoing activities which require work in the Premises. (1f) delays or failure Landlord reserves the right from time to time upon at least ninety (90) days’ advanced written notice, including the proposed relocation date (the “Relocation Notice”), to relocate the portion of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure Premises located on the fourth floor only to fulfill its obligations as set forth in other premises within the Building prior to or during the Term of this Lease Lease; provided (i) the usable area so substituted equals or exceeds the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress usable area of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope fourth floor of the Tenant Improvements be modified in connection with Premises and (ii) the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice buildout and finish of the date when Landlord believes replacement space shall be substantially the Term Commencement Date will occursame as, or better than, the fourth floor of the Premises.

Premises. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of floor 12A, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as 0000 Xxxxxxxx, in the Borough of Manhattan, New York County, City and State of New York (the "Building" and together with the plot of land upon which such building stands, the "Real Property") for a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall endeavor sooner end pursuant to tender possession any of the Premises terms, covenants or conditions of this Lease or pursuant to law at the "Rent" (with hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant Improvements and shall pay the Core and Shell Work Substantially Complete) to Tenant first monthly installment on or before the Estimated Delivery Dateexecution hereof. If Core and Shell Work or the Rent Commencement Date (as hereinafter defined) shall occur on a date other than the first (1st) day of any calendar month, Tenant Improvements as required pursuant shall pay to Landlord, on the terms first (1st) day of the Work Letter are not Substantially Complete on or before month next succeeding the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and month during which the Term Rent Commencement Date shall not occur until Substantial Completion occur, an amount equal to such proportion of Core an equal monthly installment of Rent as the number of days from and Shell Work and including the Rent Commencement Date bears to the total number of days in said calendar month. Such payment, together with the sum paid by Tenant Improvements occurs; providedupon the execution of this Lease, however, if the satisfaction shall constitute payment of the requirements Rent for Substantial Completion of Core the period from the Rent Commencement Date to and Shell Work or including the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area last day of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) next succeeding calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurmonth.

Premises. ARTICLE 2 - LEASE TERM of the Lease is hereby amended such that the fifth (5th) and sixth (6th) sentences thereof shall read as follows: "Landlord shall endeavor to tender has delivered, and Tenant acknowledges having possession of, approximately 34,537 rentable square feet of the Premises on the ground floor of the Building (with the Tenant Improvements and the Core and Shell Work Substantially Complete"Initial Premises") to Tenant on or before about the Estimated Delivery Lease Commencement Date; and Landlord anticipates delivering the balance of the Premises on the second floor of the Building comprising approximately 32,945 rentable square feet (the "Remaining Premises"), approximately 22,945 rentable square feet (the "A Remaining Premises"), as shown on Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about December 1, 2000 (the "RPA Commencement Date"); and approximately 10,000 rentable square feet (the "B Remaining Premises"), as shown on Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about March 1, 2001 (the "RPB Commencement Date"). If Core and Shell Work or the Tenant Improvements as required pursuant to the terms Landlord, for any reason, cannot deliver possession of the Work Letter are A Remaining Premises to Tenant on the RPA Commencement Date (in the condition that exists on the day after the Existing Tenant vacates the A Remaining Premises), or cannot Substantially Complete deliver possession of the B Remaining Premises to Tenant on the RPB Commencement Date (in the condition that exists on the day after the Existing Tenant vacates the B Remaining Premises), in either case without any improvements, alterations, repairs, refurbishment or before other modifications being made thereto (except as may be necessary to satisfy the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidablerequirements of Section 1.2 above), Landlord shall not be liable subject to any liability nor shall the validity of this Lease be affected; provided that the RPA Commencement Date and/or the RPB Commencement Date, as appropriate, shall be extended commensurately by the period of time Landlord is delayed in so delivering possession of the A Remaining Premises and/or the B Remaining Premises to Tenant for without any loss improvements, alterations, repairs, refurbishment or damage resulting therefrom other modifications being made thereto. Tenant's rights to use the A Remaining Premises and the Term B Remaining Premises shall be subject and subordinate to the rights of Phoenix; and no use by Tenant may unreasonably interfere with the rights of Phoenix to use and occupancy of Phoenix's premises." Throughout the Lease, references to the "RP Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Date" shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect references to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that "RPA Commencement Date" and/or the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term "RPB Commencement Date will occurDate", as appropriate.

Premises. (a) Landlord shall endeavor leases to tender possession Tenant, and Tenant leases from Landlord, Suite No. 160, which the parties stipulate and agree is five thousand one hundred and ninety-eight (5,198) rentable square feet (“RSF”) shown on the space plan attached hereto as Exhibit “A” (“Premises”), located in the building and common areas (collectively, the “Building”) at Xxx Xxxxxxx Xxxxxxx, Wilmington, Delaware, which Building is comprised of 104,761 leasable square feet as of the Premises Effective Date. (with 1) Subject to (b) (2), Landlord shall, at its sole expense, keeping the Tenant Improvements existing ceiling grid, ceiling tiles and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant lighting in place to the terms extent possible, repaint the Premises in colors of Tenant’s choice, shampoo/patch the carpeting as needed and otherwise perform any changes to the Premises as noted in the space plan attached hereto as Exhibit “A” provided that in the event Landlord is unable to reutilize the existing glass walls, same shall be replaced with standard hard walls, all of the foregoing utilizing building standard materials and finishes where not specified otherwise (collectively, the “Landlord’s Work”). Landlord may complete the Landlord’s Work Letter are not Substantially Complete on or before after the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date (and shall do so outside of Building Hours to the extent commercially reasonable and in any event in a manner that does not occur until Substantial Completion of Core and Shell Work and unreasonably obstruct Tenant from using the Tenant Improvements occurs; providedPremises for ordinary office purposes), however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when but in no event more than one hundred twenty (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30120) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9Lease Commencement Date, which calculation must deadline (the “Landlord Work Deadline”) shall be approved by Landlord and extended as necessary due to any Force Majeure (as hereinafter defined) or Tenant Delay (both hereby agreeing to act reasonably with respect to granting such approvalas hereinafter defined). “Tenant Delay” shall mean means any delay in the commencement or completion delays as a result of the Core and Shell Tenant’s requests to modify Landlord’s Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; under subsection (2) below and/or Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance cooperate reasonably with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work reasonable efforts to complete the Landlord’s Work. If any material revision or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenantsupplement to Landlord’s Agents that interferes with the progress of the work; (6) failure of Landlord Work is deemed necessary by Landlord, those revisions and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget supplements shall be submitted to Tenant for approval, which approval shall not be unseasonably withheld or any request delayed. In the event such revisions or supplements to Landlord’s Work impact completion of Landlord’s Work by the Landlord Work Deadline and/or obstruct Tenant that from using the scope of Premises for ordinary office purposes, the Tenant Improvements Fixed Rent Grace Period shall be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurappropriately extended.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord, on the terms and conditions set forth herein, the space outlined on the attached Exhibit A (the “Premises”). The Premises are located on the floor(s) specified in Paragraph 2 below of the building (the “Building”) located at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx. The Building, the parcel(s) of land (the “Land”) on which the Building is located and the other improvements on the Land (including the walkways and landscaping) are referred to herein as the “Real Property.” The Real Property is a part of the office, retail and garage project commonly known as Market Square (the “Project”). The Project includes the Xxxxxxxxx Building (defined in Section 4.g below), but the Xxxxxxxxx Building is not included in the Real Property for purposes of this Lease. Tenant’s lease of the Premises (shall include the right to use, in common with others and subject to the Tenant Improvements other provisions of this Lease, the public lobbies, entrances, stairs, elevators and other public portions of the Building, as well as the common areas of the other portions of the Project that are pertinent to Tenant’s occupancy or use of, or access to, the Premises and the Core Parking Facility (as defined in Paragraph 53 below) (collectively, the “Common Areas”). Tenant shall comply with all recorded covenants, conditions and Shell Work Substantially Completerestrictions (“CC&R’s”) currently or hereinafter affecting the Project and agrees that this Lease shall be subject and subordinate thereto; provided, however, that Tenant will not be required to comply with, and this Lease will not be subordinate to, any CC&R’s created after the Effective Date which have a materially adverse affect on Tenant’s use of or access to the Premises or Parking Facility, materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, unless the same are mandated by law. Except to the extent that Tenant on is granted the right to the use of an allocation of conduits or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required riser space pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverthis Lease, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction all of the requirements windows and outside walls of the Premises and any space in the Premises used for Substantial Completion of Core and Shell Work shafts, stacks, pipes, conduits, ducts, electrical equipment serving the Building generally or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing other utilities or Building facilities are reserved solely to Landlord and Tenant Landlord shall, subject to the Rentable Area provisions of Paragraph 23 below, have rights of access through the Premises in accordance with Article 9for the purpose of operating, which calculation must be approved by Landlord maintaining and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in repairing the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursame.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the Premises terms, covenants, conditions, agreements and provisions hereof premises consisting of approximately 7,791 rentable square feet on the fourteenth (14th) and fifteenth (15th) floors as more particularly shown on Exhibit “A” attached hereto and made part hereof (the “Premises”) in the building commonly known as Central Plaza I (the “Building”), located on Land (the “Land”) located at 000 Xxxxxxxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx, together with rights of ingress and egress thereto, and with the Tenant Improvements right in common with others to use the elevators and common passageways, stairways and vestibules, and to pass over on that portion of land owned by Landlord. For purposes of this Lease, the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Premises shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion consist of Core and Shell Work approximately 7,791 rentable square feet and the Tenant Improvements would have occurred if such Tenant Delay had not occurredBuilding shall be deemed to be 123,810 rentable square feet. Within thirty (30) days after Substantial Completion of Core Landlord hereby reserves the right to re-measure the Building from time to time and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests Proportionate Share (as defined in Exhibit “D”) shall be adjusted accordingly but shall not increase from the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability amount set forth herein. Landlord represents and warrants that upon Substantial Completion of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; Work, access to the fifteenth (515th) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress floor portion of the work; Premises via the stairwell connecting the same to the fourteenth (614th Floor) failure floor portion of Landlord the Premises will be in compliance with, and sufficient for compliance with, all applicable Legal Requirements and that notwithstanding the performance of Landlord’s Work, no upgrades or improvements are necessary for Tenant to agree (for any reasonlegally access, provided Landlord acts in good faith use and diligently to work with Tenant with respect to occupy the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope fifteenth floor portion of the Tenant Improvements be modified in connection with Premises throughout the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurLease Term.

Premises. Landlord shall endeavor has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park in Salt Lake City, State of Utah, more particularly described in Exhibit "B" attached hereto, together with certain easement for access rights. (Said tract is hereinafter referred to tender possession as the "Property"). Landlord owns a building on the Property referred to in Section 1.01 (H) (hereinafter the "Building") suitable for use as office research and development space, together with related parking facilities and other improvements necessary to enable to the Building to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the "Improvements"). In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Term and upon the terms and conditions herein set forth premises described in Section 1.01(I) (hereinafter referred to as the "Premises" or "Leased Premises"), located in the Building. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01 (1) has been added to the area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, elevators, stairways, etc. in the building. The exterior walls and roof of the Premises (and the areas beneath said Premises are not demised hereunder, and the use thereof together with the Tenant Improvements right to install, maintain, use, repair, and the Core replace pipes, ducts, conduits, and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of wires leading through the Premises in accordance locations which will not materially interfere with Article 9, which calculation must Tenant's use thereof and serving other parts of the building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Premises as may be approved reasonably necessary to enable access by Landlord subject to reasonable notice to Tenant to the balance of the building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Premises to monitor use of utilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Premises and as far as practicable to minimize annoyance, interference or damage to Tenant (both hereby agreeing when making modifications, additions or repairs. Subject to act reasonably the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building, except that with respect to granting such approval). “non-exclusive automobile parking spaces, Tenant Delay” shall mean any delay cause its employees to park their cars only in the commencement or completion of the Core and Shell Work or the TI Work areas specifically designated from time to time by Landlord for that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Requestpurpose. Landlord shall endeavor have the right to designate, in good faith its sole business judgment, certain spaces as "customer" parking spaces and Tenant shall use its best efforts to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurcause its employees not to park in said customer parking.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at 000 Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises (with the Tenant Improvements and the Core parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and Shell Work Substantially Complete) other areas and facilities, if any, which are located on the Land and designated by Landlord from time to Tenant on or before time for the Estimated Delivery Date. If Core non-exclusive use of tenants and Shell Work or the Tenant Improvements as required pursuant to the terms other occupants of the Work Letter are not Substantially Complete Building or improvements on or before the Estimated Delivery Date Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable the purpose of leasing the same to Tenant for any loss or damage resulting therefrom and a specific tenant of the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursBuilding; provided, however, if Landlord may create entrances from the satisfaction First Floor Atrium to the South and East Wings of the requirements First Floor in order to provide access to such areas for Substantial Completion existing or future tenants. For purposes of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delaythis Lease, Substantial Completion of Core and Shell Work and the Tenant Improvements Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be deemed to occur when calculated by dividing the total rentable area of the Premises (as reasonably determined 25,472 rentable square feet) by Landlord) Substantial Completion the total rentable area of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurredBuilding (182,106 rentable square feet). Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant acknowledge and accept the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations rentable square feet as set forth in this Lease herein and neither Landlord nor Tenant shall have the right to demand remeasurement or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress recalculation of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant rentable square feet with respect to the Budget) on Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope material portion of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice Common Areas of the date when Landlord believes Building are converted into a separately demised area and leased to a specific tenant of the Term Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date will occur(as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.

Premises. Landlord shall endeavor hereby leases to tender possession of Tenant and Tenant hereby leases from Landlord the Premises subject to the provisions herein contained. Tenant has inspected the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms portions of the Work Letter are not Substantially Complete on Property and Center providing access to or before serving the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work LetterPremises) or TI Tenant Change Order Requests (as defined in has had an opportunity to do so, and agreed to accept the Work Letter); (4) unavailability of materialssame “AS IS” without any agreements, components representations, understandings or finishes for Core and Shell Work or obligations on the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure part of Landlord and to perform any Alterations, repairs or improvements unless expressly provided under this Lease. Tenant to agree further acknowledges that Landlord has not made any representation or warranty (for any reason, provided Landlord acts in good faith and diligently to work with Tenant express or implied) with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after habitability, condition or suitability of the Premises or Property for Tenant’s purposes or any particular purpose. Notwithstanding anything to the contrary contained in this Lease and without reducing any other obligations of Landlord delivers a draft Budget hereunder, Landlord represents and warrants to Tenant or any request by Tenant that the scope that, as of the Tenant Improvements Commencement Date, (i) the Premises shall be modified free and clear of occupants and third party occupancy rights, (ii) the Building and the Premises and every part thereof, shall be in connection compliance with all applicable codes, laws, ordinances and regulations, (iii) all Landlord’s Work shall be substantially completed in a good and workmanlike manner and free from defects with the Budget; or exception of “punch list” items which shall be agreed between the parties and completed by Landlord as provided in Exhibit D, Work Letter, and (7iv) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor structural elements of the Building, the electrical and lighting systems serving and within the Premises, the life safety systems servicing the Premises, if any, the sprinkler system serving the Premises, if any, the HVAC systems serving the Premises, the roof (including the roof membrane), the plumbing and sewer systems serving the Premises and the window coverings on the Premises are all in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurworking order and condition.

Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, that certain Premises known as Freeway Lease Area No. XX-XXX-XXX-XXXX, located XXXX in the City of XXXX, State of California, said land or interest therein being shown on the map or plat marked Exhibit “A," attached hereto and by this reference made a part hereof. EXCEPTING THEREFROM all those portions of the above-described Premises occupied by the supports and foundations of the existing structure. California Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by a Certified Access Specialist ("CASp") to determine whether the property meets all applicable construction-related accessibility requirements. Tenant is hereby advised that the Premises have NOT been inspected by a CASp and have not been issued a disability access inspection certificate. As provided in California Civil Code Section 1938(e): A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall endeavor mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to tender possession correct violations of construction-related accessibility standards within the premises. This Lease is subject to (1) approval by the Federal Highway Administration (FHWA) for lease use, if Premises are located on an Interstate, and rent at less than fair market value, (2) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances and other matters of record, (3) all matters discoverable by physical inspection of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not that would be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed discovered by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area an accurate survey of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget all matters known to Tenant or any request by of which Tenant that has notice, constructive or otherwise, including, without limitations, those shown on the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.attached map Exhibit "A.”

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) leases to Tenant on or before the Estimated Delivery Datepremises described in Section 1. If Core and Shell Work or in EXHIBIT A (the Tenant Improvements as "PREMISES"). Subject to (1) any additional work Landlord has agreed herein to do, including, without limitation, that work which Landlord is required to perform pursuant to the provisions of Section 29 below, (2) the terms and representations of this Lease, including, without limitation, those set forth in Sections 8 and 29 below, and (3) Landlord's agreement to cause the Project to comply with any notice (as defined in subclause (A) and (B) below, a "GOVERNMENTAL NOTICE") which is (A) issued either before or after the Date of this Lease by a governmental authority with jurisdiction requesting work to be performed in the Project (including any elevators and/or stairwells serving the Premises) and (B) for the purpose of causing the Project to be in compliance with a zoning, municipal, federal, county or state law, ordinance or regulation in effect as of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then date of execution and delivery of this Lease shall not be void or voidable, Landlord shall not be liable (exclusive of an order to Tenant for cause such compliance with respect to any loss or damage resulting therefrom and improvements to and/or the Term Commencement Date shall not occur until Substantial Completion use of Core and Shell Work and the Tenant Improvements occursinterior of the Premises; provided, however, that if and as long as Tenant utilizes improvements in the satisfaction Premises in the condition of such improvements existing as of the requirements for Substantial Completion Date of Core Lease without undertaking any modifications thereto, Landlord shall cause such existing improvements to comply with any such Governmental Notice), Tenant hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county and Shell Work or state laws, ordinances and regulations governing and regulating the Tenant Improvements have been delayed use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurredexhibits attached hereto. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area The rentable square footage of the Premises shall include a portion of the common area of the Project and the occupied space located within the Project and dedicated to the service of the Project. Tenant agrees with the square footage specified for the Premises in accordance with Article 9Section 1. and will not hereafter challenge such determination and agreement. Landlord shall have the right, which calculation must be approved by Landlord and Tenant in Landlord's sole good faith discretion: (both hereby agreeing i) to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay make changes, including, without limitation, changes in the commencement or completion location, size, shape, number and appearance to the Project (excluding the Premises to the extent that size, shape, and/or location is affected) interior and exterior, including but not limited to the lobbies, windows, stairways, air shafts, elevators, restrooms, driveways, entrances, parking spaces (provided that Tenant's allotted parking spaces shall not be reduced and shall otherwise be located in similar proximity to the Premises), parking areas, loading and unloading areas, ingress, egress, direction of traffic, decorative walls, landscaped areas and walkways; (ii) to close temporarily any part of the Core Project for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land and Shell Work or improvements outside the TI Work that results from or arises out of any boundaries of the following: (1) delays or failure Project to be a part of Tenant the Project, provided that such other land and improvements have a reasonable and functional relationship to deliver items in accordance with the Work Letter attached hereto as Exhibit GProject; (2iv) Tenant’s failure to fulfill its obligations as set forth in this Lease or add additional buildings and improvements to the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter)Project; (3v) delays caused by Tenant Change Order Requests to use the common areas while engaged in making additional improvements, repairs or alterations to the Project or any portion thereof; and (as defined in the Work Lettervi) to do and perform such other acts and make such other changes in, to or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the BudgetProject as Landlord may, in the exercise of sound business judgment deem to be appropriate, provided (x) on a mutually agreeable Budget within ten none of the above adversely interferes in any specific and significant manner given Tenant's actual requirement with respect to the utilization of the affected portion of the Premises for the purpose of conducting Tenant's business therein, taking into account Landlord's contractual obligations with respect to the Project, (10y) calendar days after Landlord delivers a draft Budget to Tenant or any request Tenant's obligations hereunder are not increased, (z) Tenant's rights hereunder are not decreased, and (aa) Landlord's activities shall not affect "mission critical" areas of the Premises, as such areas are identified by Tenant that the scope to Landlord promptly following receipt by Tenant of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. notice from Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurits intended activities.

Premises. Subject to and in accordance with the provisions hereof, Landlord shall endeavor leases to tender possession Tenant and Tenant leases from Landlord the Premises as designated on Exhibit A. Tenant agrees that no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord, except that the Building Systems (with inclusive of all lighting and electrical outlets in the Tenant Improvements and Premises) will be in good working order as of the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Commencement Date. If Core Tenant’s failure to advise Landlord, in writing and Shell within sixty (60) days of the Commencement Date, of a breach of the warranty set forth in the preceding sentence will be indisputable evidence that Landlord has met its warranty obligation. Notwithstanding anything to the contrary set forth hereinabove, Landlord warrants and represents that as of the date of this Lease, Landlord has not received written notice of violation from a governmental authority that the Common Areas of the Building and/or the Premises are in violation of applicable laws, including ADA and laws relating to hazardous materials. In the event of a breach of the foregoing covenant, but specifically subject to and excluding any compliance work triggered by any alterations performed by Tenant (which tenant shall be paid for by Tenant at its sole cost and expense), Landlord, at its sole cost and expense (and not subject to reimbursement as an Operating Expense), shall promptly make such improvements, corrections or repairs as Landlord determines is appropriate to bring such condition into compliance. Except as otherwise expressly provided in this Lease or any Work or Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that EXCEPT AS PROVIDED HEREIN, LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession for the purposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant Improvements as required pursuant shall also have the non-exclusive right, subject to the terms hereof, to use the Common Areas of the Work Letter are not Substantially Complete on Project. Tenant acknowledges that the Project is or before may become an integrated commercial real estate project including the Estimated Delivery Date for Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any reason whatsoevertime and from time to time, then this Lease shall not be void to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or voidableProject consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Common Areas, as long as the Premises remain reasonably accessible. Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and agrees that during the Term Commencement Date shall of the Lease it will not occur until Substantial Completion of Core make any changes to the Building or Common Areas that: a] knowingly and Shell Work materially increase the Operating Expenses for which Tenant is responsible without increasing the Base Year’s Operating Expenses by an amount that reasonably takes into account what the Base Year’s Operating Expenses would have been if such change(s) had occurred during the Base Year; b] materially impair access to the Premises or Parking Facility, it being understood and acknowledged by Tenant that Landlord anticipates expanding the Tenant Improvements occurs; Parking Facility at one or more times during the Term, which expansion will in some way affect access to the Parking Facility provided, however, if that there will be no change to the satisfaction number of the requirements for Substantial Completion of Core and Shell Work or the parking spaces available to Tenant, although said spaces can be made available to Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9an alternative parking location, which calculation must alternative parking location will be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; no more than a five (5) minute walk from the Building and, if it is more than a willful or negligent act or omission of Tenant or five (5) minute walk, then Landlord will provide (at no cost to Tenant’s Agents ) a shuttle service that interferes with the progress of the work; (6) failure of Landlord and Tenant will be scheduled to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within run no less than every ten (10) calendar days after Landlord delivers a draft Budget minutes between the hours of 8:00 a.m. to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection 6:00 p.m., Monday through Friday, with the Budgetexception of holidays; or (7) delays caused by any revision or, c] materially impair Tenant’s ability to use the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of Premises for the date when Landlord believes the Term Commencement Date will occurAuthorized Use.

Premises. Landlord shall endeavor to tender possession In consideration of the Premises (agreements, terms, covenants, conditions, requirements, provisions and restrictions to be kept, observed, performed, satisfied and complied with by Tenant, and of the Tenant Improvements Minimum Rent specified and the Core provided for in this Lease, and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to upon the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableand conditions herein stated, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom hereby lets, leases and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provideddemises unto Tenant, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant hereby leases, takes and accepts from Landlord, the Rentable Area of the Premises in accordance with Article 9Premises, which calculation must be approved without any representation or warranty (expressed or implied) by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto except as Exhibit G; (2) Tenant’s failure to fulfill its obligations as explicitly set forth in this Lease or Lease, subject to the Work Letter following: (including any failure to review or approve or disapprove any items a) Landlord's written approval, in Landlord's sole discretion, of (x) all plans and specifications for the construction of the Improvements and the installation of the Furnishings, and (y) the construction of the Improvements and the installation of the Furnishings, all in accordance with this Lease; (b) All applicable Laws, Project Requirements, the Work Letter); Operating Conditions, Rules and Regulations, and all building and zoning ordinances; (3c) delays caused All easements, encumbrances and other matters of record; (d) All encroachments, overlaps, lot ties, boundary line disputes or other matters which would be disclosed by Tenant Change Order Requests (as defined in the Work Letter) an accurate survey or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress inspection of the workPremises or a review of title matters affecting the Site; and (6e) failure of Landlord All terms and conditions set forth in this Lease. Tenant acknowledges that prior to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect or subsequent to the Budget) on Execution Date, Landlord and/or Landlord's Affiliates may subdivide the Project and/or enter into lot tie agreements, easements or other matters affecting the Site. This Lease shall at all times be subject and subordinate to all such subdivisions, lot ties, easements or other matters affecting the Site. As a mutually agreeable Budget within ten (10) calendar days after condition to entering into this Lease, Tenant agrees and acknowledges that Tenant and any subtenants and/or assignees shall execute any and all documents required by Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with such subdivision, lot tie, easement or other matter affecting the Budget; Site. If any such party fails to execute any such agreement upon request, Landlord may execute such agreement on behalf of such party. In addition, Tenant agrees to use its best efforts to ensure that Tenant's lenders or (7) delays caused creditors, and the lenders or creditors of any subtenant and/or assignee, execute any and all documents reasonably required by any revision to Landlord in connection with such subdivision, lot tie, easement or other matter affecting the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurSite.

Premises. Landlord Lessor hereby leases unto Lessee the Premises, together with the benefit of, and subject to (as the case may be) all rights, easements, covenants, conditions, encumbrances, encroachments and restrictions of record as of the date of this Lease. Lessor shall endeavor have the right, without the necessity of obtaining Lessee’s consent thereto or joinder therein, to tender possession grant, permit, or enter into during the term of this Lease such additional rights, easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially affect Lessee’s use of the Premises (with for the Tenant Improvements Permitted Use. Lessor further hereby reserves the right to install, maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Core Premises and Shell Work Substantially Complete) serving other parts of the Building, provided that reasonable advance notice thereof is given to Tenant on or before Lessee and that the Estimated Delivery Dateexercise of such rights shall not materially affect Lessee’s use of the Premises for the Permitted Use. If Core Lessee, its employees and Shell Work or the Tenant Improvements as required pursuant invitees shall have access to the terms Premises twenty-four (24) hours per day, seven (7) days per week, subject to Lessor’s reasonable security procedures. Lessee shall be permitted to operate its business in the Premises outside of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when Building hours (as reasonably determined by Landlord) Substantial Completion set forth in Paragraph l of Core Exhibit D attached hereto), but Lessee shall pay to Lessor, as Additional Rent, the cost of supplying HVAC and Shell Work other services to the Premises, as described on Exhibit D at times other than such Building hours in the event that Lessee requests HVAC or other such services outside of Building hours, such payment to be due and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within payable no later than thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing Lessor gives written notice to Landlord and Tenant the Rentable Area Lessee of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting amount of such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurcharges.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby leases from Landlord, subject to all of the terms and conditions set forth herein, those certain premises described as the Premises in the Basic Lease Information. Notwithstanding the foregoing to the contrary, this Lease is expressly conditioned upon the termination by Landlord of that certain Net Lease Agreement, dated April 4, 2012, by and between Landlord and Nuance Communications, Inc., a Delaware corporation, pursuant to which Landlord leased the Premises to Nuance Communications, Inc. (with “Nuance,” and such lease, the “Nuance Lease”). Landlord agrees to diligently attempt to achieve such termination of the Nuance Lease, and will keep Tenant Improvements and apprised of the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Datestatus of Landlord’s efforts. If Core and Shell Work or Landlord succeeds in terminating the Nuance Lease, Landlord will promptly notify Tenant Improvements as required pursuant of such fact. If at any time Landlord reasonably believes that it is unable to terminate the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverNuance Lease, then Landlord may, by written notice to Tenant, terminate this Lease, in which event, this Lease shall not be void automatically terminate and neither Landlord nor Tenant shall have any further rights or voidableobligations under this Lease. Notwithstanding the foregoing, if, as of the date that is sixty (60) days following the date of mutual execution and delivery of this Lease, Landlord shall has not be liable to notified Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate successful negotiation and certify in writing to Landlord and Tenant full execution of an agreement terminating the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items Nuance Lease in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth terms described in this Lease or Article 1, Tenant will have the Work Letter (including right, by written notice delivered to Landlord at any failure time prior to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by date upon which Landlord so notifies Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope termination of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision Nuance Lease, to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurterminate this Lease.

Premises. (a) In consideration of the obligation of Tenant to pay Rent as herein provided, Landlord hereby lets to Tenant and Tenant takes and hires from Landlord the Premises comprised of the areas as outlined as “Leased Premises by Tenant” on Exhibits A-2 through A-13 attached hereto and made a part hereof, to have and to hold for the Term, subject to the terms, covenants and conditions of this Lease, together with, appurtenant to the Premises, the right to use in common with Landlord and other tenants, occupants and visitors to the Building, the common lobbies, hallways, loading areas, and other common areas, all as designated as “Property Common Area” on Exhibits A-2 through A-13 hereto, subject to Landlord’s reasonable rules and regulations. (b) Tenant shall endeavor also have the right to tender possession use and exclusively occupy that portion of Building 4 as outlined as “Temporary Premises” on Exhibits A-12.1 and A-12.2 hereto, and hereinafter referred to as the Temporary Premises. Until such time that Tenant vacates Building 4 in its entirety, Building 4 shall be incorporated for the purpose of this Lease as part of the Premises. (c) Tenant shall have the right to use, in common with Landlord and other tenants of the Buildings, the areas outlined as “Tenant Use Area” on Exhibits A-2 through A-13 hereto. Tenant’s use of such areas, which shall not be considered part of the Premises hereunder, shall be subject to reasonable rules and regulations determined by Landlord’ from time to time governing coordination of use by Landlord and tenants of the Buildings. It is understood that Landlord may terminate Tenant’s use of such areas by reasonable advance notice to Tenant in the event Landlord, leases such areas to another tenant. (d) Tenant shall have the right to use during the Term hereof the areas outlined as “Unrestricted Tenant Access Area” on Exhibits A-2 through A-13 hereto, together with the gas delivery area adjacent to the “CUP” identified on Exhibit A-3 hereto, for purposes of maintaining, repairing, and replacing utilities, equipment, and other facilities serving the Premises and Tenant’s operations therein, tenant shall have the right at all times to access the Unrestricted Tenant Improvements Access Area, and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease same shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area considered part of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurhereunder.

Premises. Landlord shall endeavor Subject to tender possession and with the benefit of the Premises provisions of this Lease and any ground lease or land disposition agreement relating to that certain parcel of land on which the Building is located known as Xxx 00 xx Xxxx Xxxxx Xxxx 0000X, as more particularly described on Exhibit "B" attached hereto and made a part hereof (with the Tenant Improvements and the Core and Shell Work Substantially Complete) "Lot"), Landlord hereby leases to Tenant on and Tenant leases from Landlord, Tenant's Space in the Building, excluding exterior faces of exterior walls, the common facilities area and building service fixtures and equipment serving exclusively or before in common other parts of the Estimated Delivery DateBuilding Tenant's Space, with such exclusions, is hereinafter referred to as the "Premises". If Core and Shell Work or the Tenant Improvements shall have, as required pursuant appurtenant to the terms Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants of the Work Letter are not Substantially Complete Building from time to time made by Landlord of which Tenant is given notice(a) the common facilities included in the Building or on or before the Estimated Delivery Date Lot, including the parking facilities (which currently consists of 362 parking spaces and which at all times during the Term shall consist of at least 3.3 spaces per 1,000 square feet of leased area, the parking facilities shall be used by Tenant on a "non-reserved" basis with all other tenants in the Building, including their employees and/or invitees, and for any reason whatsoever, then this Lease which use there shall not be void an additional charge to Tenant, its employees or voidableinvitees), Landlord shall not be liable bathrooms and other facilities, to the extent from time to time designated by Landlord, and (b) the Building service fixtures and equipment serving the Premises Other tenants of the Building have been provided use of the parking spaces on the same non-reserved basis as provided to Tenant pursuant to subparagraph (a) above. Landlord reserves the right from time to time, without unreasonable interference with Tenant's use (a) to install, repair, replace, use, maintain and relocate for any loss or damage resulting therefrom service to the Premises and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction to other parts of the requirements for Substantial Completion of Core Building or either, building service fixtures and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay equipment wherever located in the commencement Building, and (b) to alter or completion of the Core and Shell Work relocate any other common facility provided that substitutions are substantially equivalent or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurbetter.

Premises. Subject to and in accordance with the provisions hereof. Landlord shall endeavor leases to tender possession of Tenant and Tenant leases from Landlord the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant as designated on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Exhibit A. The Rentable Area of the Premises in accordance with Article 9, which calculation must and Building for all purposes shall be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or Section 1(c) and 1(d), respectively. The Rentable Area of the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Premises includes a pro rata portion of all Common Areas. Tenant Change Order Requests (agrees that, except as defined expressly stated herein and in the Work Letter) , if any, attached to this Lease, no representations or TI Tenant Change Order Requests (as defined in warranties relating to the Work Letter); (4) unavailability condition of materials, components or finishes for Core and Shell Work the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, Tenant Improvements agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s Agents that interferes with taking possession for the progress purposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive right, subject to the terms hereof, to use the Common Areas of the workProject. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings. Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; (6) failure to alter, relocate, reconfigure and/or reduce the Common Areas, as long as the Premises remain reasonably accessible; and to temporarily suspend access to portions of the Common Areas, if Landlord and Tenant determines, in its sole discretion, that such suspension is necessary to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant perform its repair or maintenance obligations under this or any request by Tenant that other agreement or to comply with any applicable Laws, as long as the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises remain reasonably accessible.

Premises. Landlord shall endeavor “AS-IS”. Tenant acknowledges that: (i) it has been advised by Landlord, Landlord’s broker and Tenant’s broker to tender possession satisfy itself with respect to the condition of the Premises (with including, without limitation, the Tenant Improvements Building’s Systems located therein, and the Core security and Shell Work Substantially Completeenvironmental aspects thereof) and the present and future suitability of the Premises for Tenant’s intended use; (ii) Tenant has made such inspection and investigation as it deems necessary with reference to Tenant on such matters and assumes all responsibility therefor as the same relate to Tenant’s occupancy of the Premises; and (iii) neither Landlord nor any of Landlord’s agents has made any oral or before the Estimated Delivery Date. If Core and Shell Work written representations or the Tenant Improvements as required pursuant warranties with respect to the terms condition, suitability or fitness of the Work Letter are not Substantially Complete on or before Premises other than as may be specifically set forth in this Lease. By occupying the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable Premises but subject to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction completion of the requirements for Substantial Completion of Core and Shell Work or the Work, Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of accepted the Premises in accordance with Article 9its then “AS IS” condition, which calculation must subject to all applicable Laws, and subject to the performance of punch-list items that remain to be approved performed by Landlord, if any. Notwithstanding the foregoing, Landlord and Tenant warrants that for sixty (both hereby agreeing 60) days following the Commencement Date the Building’s Systems serving the Premises are warranted to act reasonably with respect to granting such approvalbe in good working order (the “Sixty Day Warranty”). “Landlord shall repair any defective or malfunctioning component of such systems of which Landlord has received written notice from Tenant Delay” shall mean any delay in describing the commencement failure or completion malfunction within sixty (60) days of the Core Commencement Date at no cost to Tenant, and Shell Work or in no event shall such cost be considered Additional Rent. Notwithstanding the TI Work that results from or arises out foregoing provisions of any of this Section 3(e) regarding the following: (1) delays or failure of Sixty Day Warranty, Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its and Landlord retain their respective obligations as for repairs and maintenance expressly set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work LetterSection 8(b) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress any other expressly applicable provisions of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurLease.

Premises. Landlord shall endeavor The real property and the leases described on SCHEDULE 4.11 represent all the real property owned (the "CSL OWNED PREMISES") or leased or subleased (the "CSL LEASED PREMISES") and the real property leases and subleases (the "CSL LEASES") entered into or assumed by CSL or any CSL Subsidiary, and, with respect to tender the Leased Properties, SCHEDULE 4.11 sets forth the date of the lease and each amendment thereto and the aggregate annual rental payments and other fees payable under such lease. Except as set forth on SCHEDULE 4.11, each of the CSL Leases is in full force and effect, and there is not under any of the CSL Leases any existing default or event of default, except for any such defaults or notices that singly or in the aggregate could not reasonably by expected to result in a CSL Material Adverse Change. CSL and each CSL Subsidiary has good and marketable title to each of the CSL Owned Premises and except as set forth on SCHEDULE 4.11, each CSL Lease conveys good and marketable leasehold title to the CSL Leased Premises purported to be conveyed thereunder, is enforceable by CSL or any CSL Subsidiary which is the lessee thereunder, provides exclusive possession of the CSL Leased Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant leased thereunder, and, subject to the terms receipt of non-disturbance agreements with respect to such CSL Leases, following the Work Letter are not Substantially Complete Transactions will continue to be enforceable in accordance with its terms. Except as set forth on SCHEDULE 4.11, CSL or before each CSL Subsidiary has the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable right to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the use its respective CSL Leased Premises in accordance with Article 9, which calculation must be approved by Landlord the terms of each respective CSL Lease free and Tenant (both hereby agreeing to act reasonably with respect to granting such approval)clear of all Claims. “Tenant Delay” shall mean any delay Each of the CSL Leased Premises currently used in the commencement CSL Business ("CSL OCCUPIED LEASED PREMISES") is adequately maintained, fully equipped with all necessary utilities and is in reasonably satisfactory condition and repair, consistent with the uses to which it is presently being put or completion intended to be put. To CSL's Knowledge, there is no violation of the Core and Shell Work any material covenant, restriction or the TI Work that results from other agreement or arises out understanding, oral or written, affecting or relating to title or use of any CSL Leased Premises. Neither CSL nor any CSL Subsidiary has received notice of any pending or threatened condemnation or similar proceedings or any assessments affecting any of the following: (1) delays CSL Leased Premises, nor to CSL's Knowledge is any such condemnation or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused assessment contemplated by any revision Governmental Authority. CSL has delivered to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith CNS true and correct copies of all CSL Leases, as amended to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurdate.

Premises. Subject to and with the benefit of the provisions of this Lease and the Ground Lease relating to the Charxxx Xxxare Site, Landlord hereby leases to Tenant, and Tenant leases from Landlord, Tenant's Space in the Building, together with the telephone system and existing hard cable wiring presently in Tenant's Space, excluding exterior faces of exterior walls. Tenant's Space, with such exclusions and together with the Appurtenant Rights (as hereinafter defined), is hereinafter referred to as the "Premises." As of the date of this Lease, Tenant occupies Tenant's Existing Space under a lease dated as of August 25, 1987, as amended by First Amendment to Lease dated as of December 1, 1987, as further amended by Second Amendment to Lease dated as of May 1, 1988, as further amended by Third Amendment to Lease dated as of January 26, 1990, as further amended by Fourth Amendment to Lease dated as of February 1, 1991, and as further amended by Fifth Amendment to Lease dated as of August 1, 1993, all of the foregoing instruments being between Landlord and Tenant (said lease, as so amended, to be referred to hereinafter as the "Existing Lease"). Landlord shall endeavor to tender possession deliver the balance of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) Tenant's Initial Space to Tenant on the Commencement Date, in broom clean condition, free of tenants and occupants, but otherwise as-is, without representation or before warranty. Landlord shall reimburse Tenant for the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required cost of improvements to Tenant's Initial Space up to a maximum of $50,000 pursuant to the terms of Section 11.4 of this Lease. Before the Work Letter are not Substantially Complete Commencement Date, Landlord, at its sole expense, shall paint and install new carpet in the hallways and lobbies outside of Tenant's Space and the other common areas on the fourth floor of the Office Component using colors and materials standard in the Building. Tenant shall have, as appurtenant to the Premises, the right (the "Appurtenant Rights") to use in common with others entitled thereto: (a) the driveways, service roads, ramps, sidewalks and walkways necessary for access to the Charxxx Xxxare Site and the Building, (b) the stairways, elevators, hallways and lobbies necessary for access to Tenant's Space, (c) the restrooms located outside of Tenant's Space on the fourth floor of the Office Component, (d) the heating, ventilating, air-conditioning and other fixtures, equipment and systems serving Tenant's Space in common with other portions of the Charxxx Xxxare Site, and (e) such other common areas and facilities of the Charxxx Xxxare Site as Landlord may provide or before designate from time to time (collectively, the Estimated Delivery Date for any reason whatsoever"Common Areas"). Landlord reserves the right from time to time, then this Lease shall not be void or voidable, Landlord shall not be liable with reasonable advance notice to Tenant except in the case of an emergency in which case no notice shall be required, without material interference with Tenant's use and enjoyment of the Premises or access thereto, (a) to install, repair, replace, use, maintain and relocate for service to the Premises and to other parts of the Building or either, building service fixtures and equipment wherever located in the Building and (b) to alter or relocate any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursother common facilities; provided, however, if Landlord shall not reduce the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area rentable area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing shall use reasonable efforts to act reasonably with respect to granting perform such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with activities at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurtimes other than during Tenaxx'x xrdinary business hours.

Premises. Effective as of May 1, 2004 ("Effective Date"), Article 1.01 of the Lease is hereby amended such that the space as shown on Exhibit A-1 attached hereto and hereby incorporated herein and made a part hereof, which all parties hereto agree that for all purposes of the Lease consists of approximately 21,487 rentable square feet located on the third floor of Building A, is hereby substituted as the Demised Premises and shall be referred to as the "Demised Premises" in the Lease and this Amendment as of the Effective Date. Landlord shall endeavor deliver such substituted Demised Premises broom clean and furnished with furniture similar to tender possession that in the Existing Demised Premises (as hereinafter defined), subject to Tenant's reasonable approval. As of the Premises Effective Date such furniture shall be deemed the "Furniture" as such term is used in the Lease and as more particularly shown in Exhibit B-2, attached hereto and made a part hereof (all at Landlord's sole cost). Tenant shall surrender the space it currently occupies (the "Existing Demised Premises") in broom clean condition, together with the Tenant Improvements and the Core and Shell Work Substantially Complete) Furniture provided to Tenant on or before by Landlord during the Estimated Delivery Date. If Core Term prior to this Amendment, with all of Tenant's personal possessions removed, and Shell Work or the Tenant Improvements as required any damage caused by such removal shall be repaired (all at Tenant's sole cost) pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction Article 10 of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant DelayLease. The parties acknowledge that, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with such surrender, no Alteration removal nor restoration work is required to be performed by Tenant in the Budget; or (7) delays caused by any revision Existing Demised Premises pursuant to Section 9.02 of the Lease. Subject to such surrender, Tenant's obligation to pay Base Rent, Additional Rent, and Electricity Costs on the Existing Demised Premises shall cease as of the Effective Date, except to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith extent such obligations have been incurred and not satisfied prior to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurEffective Date.

Premises. Landlord shall endeavor to tender possession As of the Expansion Premises Commencement Date (as defined in Section 7(a) below), Landlord hereby leases to Tenant, and Tenant hereby accepts, the Expansion Premises, subject to and with the Tenant Improvements benefit of the terms, covenants, conditions, and provisions of the Lease, and the Core lease of the Expansion Premises by Tenant shall be on all of the terms, covenants and Shell Work Substantially Complete) provisions of the Existing Lease, except as modified by this Amendment. The anticipated Expansion Premises Commencement Date is estimated to Tenant on or before be May 15, 2019 (the Estimated Delivery “Target Expansion Premises Commencement Date”). If Core From and Shell Work or after the Tenant Improvements as required pursuant Expansion Premises Commencement Date, all references to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then “Premises” in this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom Amendment and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Lease shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work refer to the Existing Premises and the Tenant Improvements would have occurred if such Tenant Delay had not occurredExpansion Premises. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant hereby acknowledge and agree that, notwithstanding anything to the Rentable Area of contrary contained in the Existing Lease, from and after the Expansion Premises Commencement Date, the Third Floor Space and the Expansion Premises shall be deemed to contain 15,259 rentable square feet in the aggregate. In addition to Landlord’s Expansion Premises Work, Landlord, at its expense, shall deliver the Expansion Premises on the Expansion Premises Commencement Date (i) free from asbestos-containing materials and any other materials recognized by law to be “hazardous” or “toxic,” (ii) otherwise in compliance with all applicable laws and codes, (iii) with the heating, ventilating and air conditioning (HVAC), electrical, plumbing, mechanical and fire/life safety systems serving the Expansion Premises in accordance with Article 9good working order, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval)iv) vacant, free from personal property. “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect Notwithstanding anything herein to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to contrary, Tenant or any request by Tenant that shall not be responsible for the scope of the Tenant Improvements be modified costs and expenses incurred in connection with the Budget; removal or (7) delays caused by any revision remediation of Hazardous Material that is not in compliance with applicable law as of the Expansion Premises Commencement Date and which is located in, on or under the Building or the Property prior to the Budget Expansion Premises Commencement Date unless such Hazardous Material was brought on to the Property by Tenant or TI Tenant Change Order Requestits agents. Landlord shall endeavor hereby represents that, to its actual knowledge, there are currently no Hazardous Materials in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurExpansion Premises.

Premises. Landlord shall endeavor a) Licensor hereby grants to tender possession licensee the following rights: (collectively, the “Licensee”); (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the”Tower”), including one or more antennas at a centerline height of 250 feet above ground level on the Tower, which is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the”Property”), and (ii) a limited non-exclusive license to install maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compnd and related devices owned by Licensee within a space consisting of a four (4) square foot portion of the Property identified as the operations site on Exhibit “B” attached hereto (the space in which the operations site to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the “Premises”. b) Licensor also grants Licensee, in common with other Permittees entitled to use the same, a non-exclusive reasonable right of access to the premises twenty-four (24) hours per day, seven (7) days a week during the Initial Term and any Renewal Term (as hereinafter defined) for the purpose of installing and maintaining the equipment (as hereinafter defined). The access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Premises, as well as other provision contained in the Agreement. c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and agrees that it has visited and inspected the Premises and hereby accepts the physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the condition or suitability of the Premises, including the Tower, or as to any engineering or other operational data. Licensee is solely responsible for determining all aspects as the suitability, acceptability, accuracy and adequacy of the Premises for Licensee’s intended use. d) Licensor shall have the right, with no less than thirty (with 30) days’ prior written notice to Licensee, to require Licensee to relocate the Tenant Improvements and equipment to another area within the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverProperty, then this Lease shall not be void or voidableat Licensee’s sole expense, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if that the satisfaction of area to which the requirements for Substantial Completion of Core and Shell Work premises are relocated, whether in the building or on the Tenant Improvements have been delayed by any Tenant DelayTower, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core substantially similar in size and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect functionality to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Premises. Landlord shall endeavor 1.1 Subject to tender possession all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (the “Premises”), outlined on Exhibit B to this Lease, comprised of the ground floor containing 26,308 rentable square feet of the building commonly known as 000 Xxxx Xxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx (the “Building”). Tenant shall also have the right to ingress and egress thereto and therefrom as provided in Article 44. The land described on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, two other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” The buildings in the Project other than the Building are sometimes referred to herein as the “Other Buildings.” 1.2 Notwithstanding anything to the contrary in this Lease, the recital of the rentable area set forth above is for descriptive purposes only. The inaccuracy of such recital shall create no right to terminate this Lease and neither Landlord nor Tenant shall receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable under this Lease if that recital is incorrect. Tenant has inspected the Premises (and is fully familiar with the Tenant Improvements scope and size thereof and agrees to pay the Core full Base Rent and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as Additional Rent set forth in this Lease or in consideration for the Work Letter use and occupancy of that space, regardless of the actual number of square feet contained therein. For purposes of this Lease, (including any failure 1) “rentable area” and “usable area” shall be calculated pursuant to review or approve or disapprove any items the Standard Method for Measuring Floor Area in accordance with Office Buildings (ANSI/BOMA Z65.1, 1996) (the Work Letter“Measurement Standard”); (2) “rentable square feet” and “rentable footage” shall have the same meaning as the term “rentable area;” and (3) delays caused by Tenant Change Order Requests (“usable square feet” and “usable square footage” shall have the same meaning as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurterm “usable area.”

Premises. Landlord shall endeavor Subject to tender possession and with the benefit of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) provisions of this Lease, Landlord hereby leases to Tenant on and Tenant leases from Landlord, space in the Building, excluding exterior faces of exterior walls, the common facilities area and building service fixtures and equipment serving exclusively or before in common other parts of the Estimated Delivery DateBuilding. If Core and Shell Work or Tenant’s space, with such exclusions, is hereinafter referred to as the “Premises”. Tenant Improvements shall have, as required pursuant appurtenant to the terms Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants of the Work Letter are not Substantially Complete Building from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given prior written notice: (a) the common facilities included in the Building or on or before the Estimated Delivery Date lot upon which the Building is located as described in Exhibit B attached hereto (the “Lot”), including the parking facilities (specifically Tenant shall have the right to use the parking facilities in the amount of 3.2 spaces per 1,000 rentable square feet (“RSF”) of the Premises, on a “non-reserved, first-come first-serve” basis with all other tenants in the Building, including their employees and/or invitees, and for any reason whatsoever, then this Lease which use there shall not be void an additional charge to Tenant, its employees or voidableinvitees. Additionally, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance provided with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that designated visitor parking spaces on the scope Lot), bathrooms, loading dock(s), and other facilities located outside of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision Premises, to the Budget extent from time to time designated by Landlord; and (b) the Building service fixtures and equipment serving the Premises. Tenant shall also have, as appurtenant to the Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants and owners of other lots in the park commonly known and referred to as the Xxxxxxxxx Farm-Westford Technology Park (the “Park”) from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or TI Tenant Change Order Requesthereafter located at the Park, including, without limitation, the Common Areas shown on the Plan of the Park attached hereto as part of Exhibit A-1, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof, (the “Common Areas”); provided that any such amendment or modification shall not materially adversely affect Tenant’s rights hereunder, (b) all rights to access, all service areas, drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, and the sewer treatment plant serving the Park, (c) all grades, driveways, roadways, sidewalks and footways, lighting systems and traffic flow patterns, (d) all parking areas designated as common or visitors parking areas for use of the entire Park, if any, (e) all other rights appurtenant to the Lot and the Building, (f) all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, roads, driveways and the like, and (g) all utility lines, electricity, water and sewage disposal. Landlord shall endeavor in good faith reserves the right from time to provide Tenant time with at least thirty (30) days prior written notice and without unreasonable interference with Tenant’s use (a) to install, repair, replace, use, maintain and relocate for service to the Premises or to other parts of the date when Landlord believes Building or both, building service fixtures and equipment wherever located in the Term Commencement Date will occurBuilding, and (b) to alter or relocate any of the Common Areas or other common facility, including modifications of the lot lines of the Lot and the parking facilities, provided that substitutions are substantially equivalent or better and any such modifications shall not adversely affect Tenant’s rights hereunder.

Premises. Landlord shall endeavor Marapharm, in consideration of the rents reserved and the terms, conditions, covenants and agreements herein contained, hereby leases to tender possession Tactical Relief, and Tactical Relief hereby hires from Marapharm, that certain portion of the Land set forth on Exhibit B hereto (the “Premises”), together with all rights which apply to and/or benefit the Premises, whether now or hereafter acquired, including all rights, privileges, tenements, licenses, hereditaments, rights-of-way, easements, utility use, appendages and appurtenances appertaining thereto, all betterments, additions, alterations, substitutions, replacements and revisions thereof and thereto, but subject to all rights-of-way, easements, restrictions and encumbrances of record, and the Improvements (as such term is defined in Section 16 hereof, which does not include the Tactical Relief building and equipment).Marapharm and Tactical Relief acknowledge and agree that the first footprint of the Premises (with will be set at 15,000 sq. ft., which will include enough space for Tactical Relief’s approximately 9,000 sq. ft. building, plus parking and set back areas as required under applicable law, and that the Tenant Improvements footprint of the Premises may be increased during the Lease term subject to the mutual written agreement of the xxxxxxx.Xx entering into this Lease, Tactical Relief accepts the Premises in the condition they are in as of the date of this Lease, as is, without warranty or representation of any kind as to the condition or quality of the Premises.Tactical Relief represents that the Premises, including the improvements thereon, utilities, subsurface conditions, and the Core present uses and Shell Work Substantially Complete) non-uses thereof, have been examined by Tactical Relief, and Tactical Relief accepts the same, without recourse to Tenant on Marapharm except as expressly provided in this Lease, in the condition and state in which they or before the Estimated Delivery Date. If Core and Shell Work any of them now are, without representation or the Tenant Improvements warranty, express or implied in fact or by law, as required pursuant to the terms nature, condition or usability thereof or as to the use or uses to which the Premises or any part thereof may be put or as to the prospective income from, and expenses of operation of, the Work Letter Premises. The Premises are not Substantially Complete on or before leased together with and subject to the Estimated Delivery Date following: (a) The non-exclusive right of Tactical Relief to construct, install, maintain, repair, replace, use and operate, in, on, over and across the Premises, such roads as may be required for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable reasonable access to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of from the Premises in accordance with Article 9plans approved in advance by Marapharm, which calculation must approval shall not be approved unreasonably withheld or delayed. (b) The non-exclusive right of Tactical Relief to acquire, construct, install, maintain, repair, replace, use and operate, in, on, over and across the Premises, such electric power, water, sanitary, storm sewer, and other utility lines serving the Premises as may be reasonably required in order for Tactical Relief to operate the Premises for the permitted use set forth in Section 5, to the extent required by Landlord law, provided that such electric power, water, sanitary, storm sewer, and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” other utility lines shall mean any delay in the commencement or completion of the Core be located, designed and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items constructed in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth plans approved in this Lease advance by Marapharm, which approval shall not be unreasonably withheld or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurdelayed.

Premises. Landlord Pursuant to the Master Lease specified below, Manager shall endeavor provide adequate GROUP administrative office space at the addresses described therein (the "Premises") and facilities for the operation of the Practice with leasehold improvements, auxiliary services and utilities in order that GROUP may effectively perform its functions and duties. In consideration of the sums to tender possession be paid to Manager under the terms of this Agreement, Manager hereby leases to GROUP during the term of this Agreement the facilities and leasehold improvements at the Premises and the furniture, fixtures and equipment (the "FF&E") listed on Exhibit "B" attached hereto and incorporated herein by this reference, under the following terms and conditions: 1.1. Manager is the lessee, or will become lessee, under certain leases for the Premises (with hereinafter collectively referred to as the Tenant Improvements and the Core and Shell Work Substantially Complete"Master Lease") to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms copies of the Work Letter which are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in "A" and incorporated herein by this Lease or reference. GROUP hereby acknowledges that the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Premises described in the Work Letter) or TI Tenant Change Order Requests (as defined in Master Lease are suitable for the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress administrative office of the work; (6) failure Practice. Based and contingent upon GROUP's promise to timely pay all amounts due under this Agreement, Manager hereby agrees to sublease the leased Premises to GROUP upon the following terms and conditions: 1.1.1. This sublease between Manager and GROUP of Landlord the Premises shall be subject to all of the terms and Tenant to agree (conditions of the Master Lease. In the event of the termination of Manager's interest as lessee under the Master Lease for any reason, provided Landlord acts in good faith then the sublease created hereby shall simultaneously terminate unless GROUP is willing to assume the obligations under the Master Lease and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope Lessor consents thereto. 1.1.2. All of the Tenant Improvements terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of the sublease (with each reference therein to "Lessor" and "Lessee," to be modified in connection deemed to refer to Manager and GROUP, respectively) and, along with the Budget; provisions of this Section 1.1 and Exhibit "A," shall be the complete terms and conditions of the sublease created hereby. 1.1.3. Notwithstanding the foregoing, as between Manager and GROUP, Manager shall remain responsible for meeting the financial obligations of "Lessee" under the Master Lease, and GROUP shall have no monetary obligation in that regard. In addition, as between Manager and GROUP, Manager shall retain all rights to exercise any options to purchase the Premises, or (7) delays caused by any revision other similar rights of ownership or possession, which may be granted under the Master Lease, and GROUP shall have no rights in that regard. 1.1.4. In the event this Agreement is terminated according to its terms, this sublease shall also terminate automatically. 1.1.5. If the Budget or TI Tenant Change Order Request. Landlord Master Lease contains an option to renew the term thereof, Manager shall endeavor in good faith to provide Tenant with notify GROUP, at least thirty (30) days prior written notice to the expiration of the date when time for exercising such option, of Manager's intention to renew or not to renew such term. If Manager determines not to renew such term, Manager shall, at GROUP's option and upon the consent of the Landlord believes in accordance with the Term Commencement Date will occurterms of the Master Lease, assign the Master Lease to GROUP, including Manager's right to renew the term thereof.

Premises. Landlord shall endeavor hereby leases to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverTenant, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area hereby leases from Landlord, that certain vacant land consisting of the Premises in accordance with Article 9approximately sixty-seven (67) acres located near X. Xxxxxxx Road, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion County of the Core and Shell Work or the TI Work that results from or arises out Bannock, State of any of the following: (1) delays or failure of Tenant to deliver items Idaho, legally described in accordance with the Work Letter attached Exhibit “A” attached hereto as hereinafter provided and depicted on the Map attached as Exhibit G; “B”, together with all easements which are now or in the future may be appurtenant thereto (2) Tenant’s failure “Premises”). Landlord represents and warrants to fulfill Tenant that, notwithstanding anything to the contrary on Exhibit C to this Lease, Tenant has a legal right to access the premises from South Xxxxxxx Road over an “at grade” railroad crossing (the “Access Right”). In addition, Landlord covenants to use its obligations best efforts to obtain and record one or more easements to the real property described in Exhibit A for ingress, egress, and utilities in form and substance reasonably satisfactory to Tenant (the “Easement”). Landlord acknowledges and agrees that time is of the essence in obtaining and recording the Easement. Landlord represents to Tenant that the Premises, and each of Tenant and all of the Tenant Parties as defined in Section 8.1, as well as their customers and guests shall have non-exclusive ingress and egress to and from the Premises and, except to the extent set forth in this Lease or to the Work Letter extent that Tenant enters into an agreement with any third party, the Premises shall not be burdened in any manner by any access or other rights granted to any third parties; provided, however, that the foregoing shall not apply to: (including any failure i) agreements reached in cooperation with Landlord and other third parties for easement rights for utilities or other similar easements, provided that such agreements and instruments are disclosed prior to review the Effective Date and do not materially interfere with Tenant’s use of the Premises for purposes permitted under Section 6.1 below, Tenant’s occupancy of the Premises and do not otherwise materially and adversely increase Tenant’s obligations or approve decrease Tenant’s rights under this Lease, and (ii) other rights or disapprove any items obligations of Landlord or Tenant which may be contained in accordance with this Lease. Tenant agrees to accept possession of the Work Letter); Premises from Landlord on the terms and conditions of this Lease upon the Effective Date hereof subject to (3a) delays caused by Tenant Change Order Requests all current matters of public record (as defined subject to the provisions in the Work Letterimmediately following paragraph), and (b) or TI Tenant Change Order Requests (as defined in all applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress use of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant Premises which exist or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurwhich are hereinafter enacted.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord that certain office space ("Premises") which is outlined on Exhibit "A" attached hereto and incorporated herein by this reference, being situated on the 2nd floor of that certain office building ("Building') known as 00000 Xxxxxxx Xxxxxxxxx, Xxxxxxxx Xxxxx, XX 00000. The square footage in Exhibit "A" also includes 44 square feet as the Tenant's share of the Premises (with common stairways, hallways, restrooms and other useable square feet that are part of the Building and which are charged pro rata to all other tenants of the Building. The inclusion of the Tenant's pro rata share of the common areas as part of the rentable square footage is in lieu of any common area expense charged to the Tenant Improvements for the base year. By executing this Lease, Tenant acknowledges that the square footage represented in Exhibit "A" is based on the Landlord's measurements and Tenant has had the Core and Shell Work Substantially Complete) opportunity to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant make its own measurements with respect to the terms square footage. Nothing contained in Paragraph 2 of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (be a representation by Landlord as reasonably determined to the actual square footage of the Premises leased hereby. It is understood that Tenant has relied on his own measurements and investigations with regard thereto, and has not placed any reliance on Landlord or any of his agents, employees, or independent contractors with regard thereto. The Premises exclude the common stairways, stairwells, hallways, access ways and pipes, ducts, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building. By taking possession of the Premises, Tenant accepts the improvements as completed or as substantially completed, and in the latter case, Landlord shall provide Tenant with a list of incomplete and/or corrective items to be acknowledged by Landlord) Substantial Completion Tenant, which Landlord shall complete and correct promptly thereafter. Said Lease is subject to the terms, covenants, conditions and agreements hereinafter set forth, to each and all of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to which Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occuragree.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord, on and subject to the terms and conditions of this Lease, the office space identified in the Basic Lease Information as the Premises (the “Premises”), in the Building located at the address specified in the Basic Lease Information (the “Building”). The approximate configuration and location of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant is shown on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Exhibit A. Landlord and Tenant agree that the Rentable Area of the Premises and Tenant’s Share for all purposes under this Lease shall be the Rentable Area and Tenant’s Share specified in accordance with Article 9the Basic Lease Information (unless modified pursuant to the provisions of this Lease). Tenant also shall have the right during the Term of the Lease to the nonexclusive use of the sidewalks, parking facility serving the Building (the “Parking Facility”), elevators, stairs, corridors and other common areas of the Property (collectively, the “Common Areas”), subject to the provisions of this Lease regarding such use. The real property on which calculation must the Building is located and all improvements thereon (including the Building and the Common Areas) are referred to herein, collectively, as the “Property.” Tenant agrees and acknowledges that all references to the “Property” and the “Project” are to that certain real property consisting of approximately 9.4 acres and the buildings located thereon commonly known as 10100 and 00000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx. As of the Commencement Date, Landlord will also own commercial property adjacent to the Property consisting of approximately 2.5 acres of real property and a commercial building located thereon commonly known as 0000 Xxxxxxx Xxxxx Xxxxxxxxx, Xxxxx Xxxxx, Xxxxxxxxxx (the “Stevens Creek Property”). The Stevens Creek Property is not included in the Property or the Project for the purposes of determining rent hereunder, and Tenant agrees and acknowledges that the Stevens Creek Property may be approved sold by Landlord and/or redeveloped for other uses at a later date, and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean waives any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises all claims arising out of any sale and/or redevelopment of the following: (1) delays or failure Stevens Creek Property; provided, however, that the foregoing waiver shall not be deemed to be a waiver of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure rights as an occupant of the Property to fulfill its obligations as set forth in this Lease appear at public meetings and otherwise file claims to oppose or support any planned use or redevelopment of the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Stevens Creek Property in the Work Letter) or TI Tenant Change Order Requests (same manner and to the same extent as defined other owners and occupants of real property in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress vicinity of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurStevens Creek Property.

Premises. Landlord shall endeavor a. Licensor hereby grants to tender possession Licensee the following rights (collectively, the “License”); (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”), including one or more antennas at a centerline height of forty five (45) feet above ground level on the Tower, which is located on certain real property owned or leased by Licensor and more particular described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), and (ii) a limited non-exclusive license to install, maintain, operate and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a four (4) square feet portion of the property identified as the operation site on Exhibit “B” attached hereto (the space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as the “Premises”.) b. Licensor also grants Licensee, in common with other Permittees entitled to use the same, a non-exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Term (as hereinafter defined) for the purpose of installing and maintaining the equipment (as hereinafter defined). The access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Premises, as well as other provisions contain in the agreement. c. The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and agrees that it has visited and inspected the Premises and hereby accepts the physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the condition or suitability of the Premises, including the Tower, or as to any engineering or other operational data. Licensee is solely responsible for determining all aspects as the suitability, acceptability, accuracy and adequacy of the Premises for the Licensee’s intended use. d. Licensor shall have the right, with no less than thirty (with 30) days’ prior written notice to Licensee, to require Licensee to relocate the Tenant Improvements and Premises to another area within the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverproperty, then this Lease shall not be void or voidableat Licensee’s sole cost expense, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if that the satisfaction of area to which the requirements for Substantial Completion of Core and Shell Work Premises are relocated, whether in the building or on the Tenant Improvements have been delayed by any Tenant DelayTower, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core substantially similar in size and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect functionality to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Premises. (a) The District leases the Premises from Landlord and Landlord demises the Premises to the District for the term and upon the conditions and covenants set forth in this Lease. The Parties hereby acknowledge that as of the Lease Commencement Date this Lease is a sublease, as Landlord leases the Land (along with additional property) from Xxxxx Properties Limited Partnership, a District of Columbia limited partnership (“Ground Lessor”) under that certain Deed of Lease, by and between Ground Lessor and Landlord, dated as of August 21, 2018 (as amended, the “Ground Lease”). As such, references hereunder to “lease”, “landlord” and “tenant” shall be deemed to mean “sublease”, “sublessor” and “subtenant”, respectively, as applicable, unless context dictates otherwise. Landlord shall endeavor cause a final measurement of the Premises and of the Building to tender possession be taken upon Landlord’s Substantial Completion of the Base Building Work and the Tenant Improvements, as set forth in the Work Exhibit. Such final measurements shall be: (i) set forth on the Declaration of Delivery, (ii) determined based on the actual measurement of the Project Architect, (iii) in accordance with the BOMA Measurement Standard, and (iv) subject to approval by the District. (b) In connection with the Ground Lease, Landlord hereby represents and warrants (and covenants, where applicable) to the District that: (i) as of the Lease Commencement Date and at all times during the Lease Term, Landlord’s execution of, and performance under, this Lease is permitted under the Ground Lease; (ii) any consents that are required to be obtained from any third party to permit Landlord to enter into this Lease have been obtained; (iii) the term of the Ground Lease does not expire until after the expiration of the Lease Term; (iv) during the Lease Term, Landlord shall not (x) terminate the Ground Lease, or (y) cancel or otherwise amend the Ground Lease to shorten its term; and (v) the terms and conditions of the Ground Lease are not incorporated herein. In addition to (and not in lieu of) any other indemnification or remedy set forth in this Lease, Landlord shall and does hereby indemnify, defend, and hold the District harmless from and against any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claim alleging or arising out of a breach of any representation, warranty or covenant set forth in this Section 1.1(b). This Section 1.1(b) shall survive the expiration or early termination of this Lease. 1.2 Landlord hereby grants to the District and its Agents, employees, licensees and invitees the exclusive right to use the Common Areas in the Building (excluding sidewalks, driveways, freight elevators, the passenger elevator(s) serving the Parking Facility and ground floor, the Parking Facility, common entrances, non-private lobbies, the loading dock and internal non-public freight access to the loading dock, all of which the District shall have a non-exclusive right to use), in accordance with the terms of this Lease. The District and its Agents, employees, licensees and invitees shall have access and rights of ingress and egress to the Building, the Premises, the Common Areas, the XX 167835565v6 PARKING FACILITY and the All Access Additional Area Parking Spaces (as defined in, and subject to the terms of Section 2 hereof) 24-hours each day of the Lease Term (including elevator service). 1.3 Landlord shall deliver the Premises to the District at such time as all of the Landlord’s Base Building Work and the Tenant Improvements are Substantially Complete, as hereinafter provided. Landlord hereby represents, warrants, and covenants that, as of the Rent Commencement Date, the Property and the Building will comply with Laws subject to any “grandfathering” provisions, and that the Premises, including without limitation all HVAC, plumbing, electrical and other mechanical systems, shall be in good working order and condition. Following the Rent Commencement Date, Landlord shall be responsible for complying with all Laws pertaining to the Building, Common Areas, Base Building Conditions, and Building Structures and Systems, including any required changes to the Building (but not the Premises), at Landlord’s sole cost and expense (meaning that such costs and expenses are already included in Annual Rental and shall not be billed as Additional Rent). Following the Rent Commencement Date, Landlord shall cause all such future changes, additions and/or work to the Building, Common Areas, Base Building Conditions or Building Structures and Systems: (i) to the extent commercially reasonable, to be performed after Building Hours, unless such change, addition and/or work (w) does not interfere in any material, adverse manner with the District’s use and enjoyment of the Premises, as determined by the District in the District’s sole but reasonable discretion, (x) resulted from THE ACTS OR OMISSIONS OF THE DISTRICT OR ANY OF THE DISTRICT’S AGENTS, (Y) IS REQUIRED BECAUSE OF AN EMERGENCY OR (Z) INVOLVES THE BUILD-OUT OF ANY PORTION OF THE BUILDING LEASED BY OTHER NON-OFFICE TENANTS; AND (II) if such change, addition and/or work is in the Premises, to be behind walls or above ceilings. Landlord shall: (A) restore the Premises to substantially the same condition and finish as existed immediately prior to any such change, addition and/or work if such change, addition and/or work resulted in any material change to the condition of the Premises not required by Laws; (B) use commercially reasonable efforts to minimize disruption to the District’s operations during any such change, addition and/or work; and (C) ensure that the District has reasonable access to, and ingress and egress from, the Building, the Premises, the Parking Facility and the Additional Parking Areas during any such change, addition and/or work. Notwithstanding the foregoing, Landlord shall not be responsible for any non-compliance of the Premises with Laws that is solely attributable to the District’s use or occupancy of the Premises (including Alterations in and to the Premises by the District) throughout the Lease Term. If the District elects to use the Premises in a way that necessitates changes or additions to the Premises in order to comply with Laws solely due to the District’s specific use or occupancy of the Premises, the District shall either cease such use or be responsible for those changes or additions, subject to the certification of the availability of appropriated funds for such purpose. 1.4 Subject to the terms and conditions of this Lease (including but not limited to Landlord’s Substantial Completion of the Base Building Work and the Tenant Improvements and Improvements), Landlord XX 000000000x0 SHALL DELIVER THE PREMISES TO THE DISTRICT AND THE DISTRICT SHALL ACCEPT THE PREMISES, BUILDING AND LAND IN ITS “AS-IS” CONDITION, AND IN ACCORDANCE WITH THE TERMS OF THIS LEASE (including without limitation that Landlord shall deliver the Core and Shell Work Substantially Complete) Premises to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required District pursuant to the terms of the Work Letter are not Substantially Complete on or before Exhibit). The Parties acknowledge that the Estimated Delivery Date Premises will initially be occupied by the District of Columbia Department of General Services. 1.5 In addition to the Premises, the District hereby exclusively leases from Landlord 300 rentable square feet of space in the Parking Facility for any reason whatsoeveran MDF (such space, then this Lease the “MDF Room”), the location of which shall not reasonably be void or voidable, agreed upon by Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date District. The District shall not occur until Substantial Completion pay an annual rent of Core and Shell Work and Fifteen Dollars ($15.00) per rentable square foot for the Tenant Improvements occurs; providedMDF Room for the first Lease Year, howeverpayable on a monthly basis as Additional Rent, if which shall be paid in arrears together with Annual Rental. Commencing on the satisfaction first day of the requirements second Lease Year and on the first day of each subsequent Lease Year thereafter during the Term, the then current rental rate for Substantial Completion the MDF Room shall escalate by an amount equal to 2.75% of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion rental rate for the immediately preceding Lease Year. As part of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing subject and pursuant to Landlord and Tenant the Rentable Area terms of the Premises Work Exhibit, Landlord shall (i) purchase and install equipment in accordance with Article 9the MDF Room pursuant to specifications provided by the District (the “MDF Equipment”); (ii) purchase and install a supplemental HVAC unit for the MDF Room pursuant to specifications provided by the District (the “MDF Supplemental HVAC Unit”); and (iii) have the MDF Room separately metered for electricity (the “MDF Sub-Meter”) for the MDF EQUIPMENT AND THE MDF SUPPLEMENTAL HVAC UNIT (THE FOREGOING ITEMS (I) THROUGH (III) BEING, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approvalCOLLECTIVELY, THE “MDF WORK”). “The Parties acknowledge and agree that the MDF Work shall be paid from the Tenant Delay” Improvement Allowance pursuant to the terms of this Lease and the Work Exhibit. Landlord shall mean any delay in procure a separate electrical utility account for the commencement or completion MDF Sub-Meter, and shall not be responsible for payments for such separate account. Landlord shall be responsible for the maintenance and repair of the Core MDF Room, at its own cost, provided that if any defect or damage to the MDF Room arises from District Negligence the District shall be responsible for the same, pursuant to and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure terms of Section 9.1 hereof. Subject to fulfill its obligations as set forth in this Lease or Section 15.1, the Work Letter (including any failure to review or approve or disapprove any items in accordance with District shall be responsible for the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core maintenance and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress repair of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order RequestMDF Equipment. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice be responsible for the maintenance and repair of the date when Landlord believes MDF Supplemental HVAC Unit pursuant and subject to the Term Commencement Date will occurterms of Section 9.6 hereof. For the avoidance of doubt, the MDF Room shall not constitute a portion of the Premises and the rentable square footage of the MDF Room shall not be included for purposes of determining Annual Rental or the District’s Proportionate Share.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant the Premises. Tenant (i) ACCEPTS THE PREMISES "AS-IS," EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS LEASE AND THE WORK LETTER, WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant's particular use, and (iii) waives all claims of defect in the Premises (excluding latent defects and as otherwise expressly provided in this Lease, including the Work Letter) and any implied warranty that the Premises are suitable for Tenant's intended purposes. On the Commencement Date, Landlord shall deliver the Premises broom clean and free of debris with the Tenant Improvements mechanical, electrical, plumbing, heating, ventilation and air-conditioning, life-safety or other systems and equipment included in the Core Base Building Renovation Work in good operating condition on the Commencement Date and Shell with the Base Building Renovation Work Substantially Complete) to Tenant in compliance with all Applicable Laws, including the ADA, in effect and enforced on or before the Estimated Delivery Date. If Core and Shell Work or a non-compliance with the Tenant Improvements foregoing exists as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableCommencement Date, Landlord shall not be liable shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, commence to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by rectify same at Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within ’s expense within thirty (30) days after Substantial Completion of Core and Shell Work and such notice. Tenant hereby acknowledges that the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this the Basic Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsInformation is approximate only, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant accepts and agrees to agree (be bound by such figures for any reason, provided Landlord acts all purposes in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurthis Lease.

Premises. Landlord shall endeavor Subject to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the provisions hereof, Landlord leases to Tenant and Tenant leases from Landlord the Premises as designated on Exhibit A. Xxxxxx agrees that, except as expressly stated herein and in the Work Letter Letter, if any, attached hereto to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth otherwise expressly provided in this Lease or the any Work Letter (attached hereto, Xxxxxx agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE LANDLORD’S WORK. Upon Xxxxxx’s taking possession for the purposes of conducting business, the Premises, including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from all Landlord’s standard work or that Work, shall be deemed accepted by Tenant. Tenant shall also have an unusually long leadthe non-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with exclusive right, subject to the progress terms hereof, to use the Common Areas of the workProject. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; (6) failure to alter, relocate, reconfigure and/or reduce the Common Areas; to temporarily suspend access to portions of Landlord the Common Areas, as long as the Premises remain reasonably accessible; and Tenant to agree (for any reasonmake all changes, provided Landlord acts in good faith and diligently to work with Tenant with respect alterations, additions, improvements, repairs or replacements to the Budget) on a mutually agreeable Budget within ten Building and Building systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (10) calendar days after collectively, “Restorative Work”), as Landlord delivers a draft Budget reasonably deems necessary, and to Tenant or any request by Tenant that take all materials into the scope Premises required for the performance of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Requestsuch Restorative Work. Landlord shall endeavor in good faith use commercially reasonable efforts to provide Tenant minimize interference with at least thirty (30) days prior written notice Xxxxxx's use and occupancy of the date when Premises during the performance of such Restorative Work. There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant's other obligations under this Lease, and no liability on the part of Landlord believes by reason of inconvenience, annoyance or injury to business arising from Landlord altering, relocating, reconfiguring, and/or reducing the Term Commencement Date will occurCommon Areas, and/or performing any Restorative Work.

Premises. Landlord shall endeavor (a) Sublessor leases to tender possession Sublessee and Sublessee hires from Sublessor the Premises. The Premises include the appurtenant right to the use, in common with others, of the Premises (with ground floor reception area and elevator lobby, the Tenant Improvements third floor elevator lobby and the Core and Shell Work Substantially Complete) restrooms located on the third floor. Except as may be expressly permitted by this Sublease, Sublessee shall have no right of access to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms any other portion of the Work Letter are not Substantially Complete on or before Building. (b) Sublessee acknowledges that it has inspected the Estimated Delivery Date for any reason whatsoeverPremises, then this Lease shall not be void or voidableand is thoroughly familiar with its condition. Subject to Sublessor's obligations under Paragraph 3(c) hereof, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of Sublessee accepts the Premises in accordance its present, improved, "AS IS" condition, with Article 9any and all latent defects, which calculation must be approved by Landlord and Tenant (both Sublessee acknowledges that, except for the covenant of Sublessor contained in Paragraph 3(c) hereof, neither Sublessor nor any of its agents or representatives has made, and does not hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean make, any delay in the commencement representations, warranties, or completion of the Core and Shell Work or the TI Work that results from or arises out covenants of any of the following: (1) delays kind or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant character whatsoever with respect to the Budgetcondition of the Premises, whether express or implied. Sublessee agrees that, except as expressly provided in Paragraph 3(c) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget hereof, Sublessee has made no promise to Tenant alter, remodel, improve, repair or bring into compliance with applicable law any portion of the Premises, or any request portion of the Building (or common areas within the Building) outside the Premises. Notwithstanding anything to the contrary in the foregoing, Sublessor agrees to enforce Sublessor's rights and remedies under the Lease as against Landlord with respect to the condition of the Premises upon notice by Tenant Sublessee of any defect in the condition of the Premises. (c) Sublessor and Sublessee acknowledge and agree that the scope square footage of the Tenant Improvements be modified Premises noted in connection with this Sublease is final and binding on the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurparties.

Premises. Subject to the provisions of this Lease, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Suite Spaces as described in the Summary of Basic Lease Information, Section “A”, as outlined on the applicable floor plans therefor attached hereto as Exhibits B-1 through B-5 (collectively, the “Premises”). In connection with such demise and subject to Article 21 herein, Landlord hereby grants to Tenant the nonexclusive right to use during the Term of this Lease, all Common Areas designed for the use of all tenants in the Building, in common with all tenants in the Building and their invitees, for the purposes for which the Common Areas are designed and in accordance with all Legal Requirements. Landlord reserves the right to make alterations or additions to or to change the location of elements of the Complex and the Common Areas, so long as the changes do not change the nature of the Complex to something other than a first class office building project or result in an Adverse Condition. Landlord, however, has the sole discretion to determine the manner in which the Common Areas are maintained and operated, and the use of the Common Areas shall endeavor be subject to tender possession the Building Rules and Regulations. Tenant acknowledges that Landlord has made no representation or warranty regarding the Complex, Building or Premises or the suitability of the Complex, Building or Premises for Tenant’s intended use of the Premises. By occupying the Premises, Tenant accepts the Premises as being suitable for Tenant’s intended use of the Premises. As used herein, an “Adverse Condition” shall mean: (a) a material adverse interference with Tenant’s use of the Premises for the use permitted under this Lease; (b) an unreasonable interference with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Tenant’s access to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit GPremises; (2c) other than on a reasonably temporary basis, a reduction of, or material adverse interference with Tenant’s failure to fulfill its obligations as access to, the number of Unreserved Passes and/or Reserved Passes set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress Section “E” of the work; (6) failure Summary of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the BudgetBasic Lease Information; or (7d) delays caused by any revision an event which materially increases Tenant’s monetary obligations under this Lease, except for increases in Operating Expenses to the Budget or TI Tenant Change Order Request. Landlord shall endeavor extent such increases are otherwise permitted in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurSection 5.4 below.

Premises. (a) Effective as of the Expansion Date (defined below), Landlord shall endeavor lease the Expansion Space to tender possession Tenant and Tenant shall lease the Expansion Space from Landlord, and the “Premises”, as defined in the Lease and used hereinafter, shall mean, collectively, the Current Premises and the Expansion Space, for a total area of approximately 10,148 square feet of space. Accordingly, effective as of the Premises (Expansion Date, the “Rentable Square Footage of the Premises”, as defined in the Lease, shall be amended to mean 10,148 square feet. The Expansion Space shall be subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions that were granted with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant respect to the terms Current Premises unless such concessions are expressly provided for herein with respect to the Expansion Space. Effective as of the Expansion Date, Exhibit A-1 to the Lease Agreement shall be deleted in its entirety and Schedule 2 attached hereto shall be substituted in lieu thereof. Notwithstanding the foregoing, however, in the event Landlord fails to complete Landlord’s Work Letter are not Substantially Complete on or before in the Estimated Delivery Current Premises by the date that is four (4) weeks after the Expansion Date (the “Outside Completion Date”) for any reason whatsoeverother than delays caused by Tenant, then this Lease as Tenant’s sole and exclusive remedy, then Base Rent with respect to the Expansion Space only shall not be void or voidable, xxxxx one day for each day after the Outside Completion Date that Landlord shall not be liable fails to Tenant for any loss or damage resulting therefrom and complete Landlord’s Work in the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursCurrent Premises; provided, however, if such abatement shall be in proportion to the satisfaction Rentable Square Footage of the requirements for Substantial Completion Current Premises that Tenant is not able to occupy. For example, if Tenant is able to occupy 80% of Core and Shell the Rentable Square Footage of the Current Premises even though Landlord’s Work or the therein is not complete, Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed entitled to occur when (as reasonably determined by Landlord) Substantial Completion an abatement of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area 20% of the Premises in accordance with Article 9Base Rent applicable to the Expansion Space. Further, which calculation must the Outside Completion Date shall be approved extended by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: one (1) day for each day Landlord’s Work in the Current Premises is delayed due to delays or failure caused by Tenant. (b) As used herein, the “Expansion Date” means the earlier to occur of Tenant (i) the date the Landlord’s Work (as defined in Schedule 3 attached hereto) in the Expansion Space has been substantially completed, as such date is determined pursuant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; Schedule 3, and (2ii) Tenant’s failure the date Tenant begins conducting business from any portion of the Expansion Space. Subject to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3Paragraph 2(d) delays caused by Tenant Change Order Requests below, Force Majeure and Delays (as defined in the Work LetterSchedule 3) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsincurred by Landlord, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in shall use good faith and diligently reasonable efforts to work with cause the Expansion Date to occur on or before December 1, 2016. (c) Tenant with respect may take possession of the Expansion Space approximately two (2) weeks prior to the BudgetExpansion Date for the purpose of installing furniture, fixtures, equipment, and other personal property of Tenant in the Expansion Space. Such possession shall be subject to all of the terms and conditions of the Lease, as amended hereby, except that Tenant shall not be required to pay Base Rent or the OE Payment for the Expansion Space during the period of time prior to the Expansion Date. Tenant shall, however, be liable for the cost of any above Building 32036/00600/DOCS/4144422.1 standard services (e.g. after-hours HVAC) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget that are provided to Tenant or any request by in the Expansion Space during the period of Tenant’s possession prior to the Expansion Date. (d) Tenant acknowledges that the scope of the Tenant Improvements be modified Expansion Space is currently occupied by a third party tenant, and that, in connection with this Amendment, Landlord is negotiating a termination of such third party tenant’s lease of the Budget; Expansion Space. If Landlord is delayed in its ability to deliver possession of all or (7) delays caused by any revision portion of the Expansion Space to Tenant due to the Budget holding over or TI failure of the current occupant to vacate any portion of the Expansion Space or for any other reason beyond Landlord’s reasonable control, this Amendment shall not be void or voidable or otherwise affected, Tenant Change Order Request. shall have no claim for damages against Landlord, and Landlord shall endeavor deliver possession of the Expansion Space to Tenant following the termination of such third party tenant’s lease of the Expansion Space and vacation of the Expansion Space by the such third party tenant in good faith the condition required herein. Notwithstanding the foregoing, however, if the current tenant occupying the Expansion Space has not vacated the Expansion Space by January 1, 2017, then Tenant shall have the right to provide Tenant with at least thirty (30) days prior nullify this Amendment by delivering written notice thereof to Landlord at any time until the date the current tenant occupying the Expansion Space has vacated the Expansion Space and prior to December 31, 2017, in which event, this Amendment shall be null and void and of no force or effect, and the Term of the date when Landlord believes the Term Commencement Date will occurLease shall expire on December 31, 2017.

Premises. (a) Xxxxxxxx xxxx xxxxxx xxxxx xx Xxxxxx xnd Tenant hereby leases from Landlord shall endeavor that certain space (herein called "Premises"), containing approximately the area set forth in Section 1(g) of this Lease. The location and dimensions of said Premises are delineated and cross-batched on the site plan attached hereto as Exhibit "A". Said Premises are located in the City of Pacifica, County of San Mateo, State of California, and are part of the Shopping Center (the "Shopping Center") commonly known as Eureka Square Shopping Center, at the northeast corner of Oceana Boulevard and Eureka Drive in Pacifica, California, as legally described in Exhibit "B." Copies of the aforesaid Exhibits "A" and "B" are attached hereto, incorporated herein, and by this reference made a part of this Lease. Landlord makes no representation or warranties of any kind or nature as to tender possession the size, location, or time of construction of any of the structures (other than the Premises) shown on Exhibit "A". It is understood and agreed upon that the depiction of the Shopping Center, and the location of the Premises (with in the Tenant Improvements Shopping Center as shown on Exhibit "A" hereof, are subject to change. Any such change shall not invalidate this Lease, and the Core depiction and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms location of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Premises shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core have been expressly modified and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises amended herein in accordance with Article 9such changes. (b) Landlord hereby reserves the right at any time, and from lime to time to make alterations or additions to the Premises, to build additional stores on the building in which calculation must be approved by Landlord the Premises are contained, and Tenant (both hereby agreeing to act reasonably with respect build adjoining the same, and to granting such approval). “Tenant Delay” shall mean any delay install, maintain, use, repair and replace, pipes, ducts, conduits and wires, leading through, under and over the Premises, in the commencement or completion locations serving other parts of the Core Shopping Center, from time to time, to make alterations thereof or additions thereto, to build additional stores on any such building or buildings, to build adjoining same, and Shell Work to construct doubledeck, subterranean or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurelevated parking facilities.

Premises. Landlord shall endeavor to tender possession (a) For a period of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion the Closing Date, Seller shall grant to Buyer the right to utilize certain employees of Core Seller (Kim D. Kugler, Trisha Ledda and Shell Work Sophia Stesin) and the Tenant Improvementsxxxxxxx xxxxlixxxx xx Xxxxer rexxxxxx xx xxx Business located on a portion of the premises more particularly described as approximately 2,400 square feet located at 123 Saginaw Drive, Landlord’s architect Redwood City, California (the "Premxxxx") xx xxxxx xxx Xxxxx xx xxxxxxx xxxxxxg business activities related to the Business and the Acquired Assets. Seller shall calculate and certify in writing to Landlord and Tenant the Rentable Area only provide use of the Premises in accordance with Article 9and the employees listed above to Buyer for no additional charge during this thirty (30) day period. Thereafter, for a fee as may be reasonably agreed upon by Buyer and Seller, Buyer shall have the right, at Buyer's sole discretion, to continue to use the Premises and the employees listed above to fulfill ongoing business activities related to the Business for a period of time as may be reasonably determined by Buyer, which calculation must shall not exceed twenty-eight (28) days, provided Buyer gives Seller notice of such intent no later than twenty-one (21) days after the Closing Date. Pursuant to the Lease (a complete copy of which has been provided to Buyer) the Premises may be approved by Landlord used for general office, manufacturing and Tenant laboratory research purposes and for no other purpose and Buyer agrees to use the Premises only for such purposes in conducting its business activities. (both hereby agreeing to act reasonably b) Buyer shall comply with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core all and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as use covenants and regulations set forth in this Lease or the Work Letter Lease, a true and complete copy of which has been provided to Buyer. Buyer shall cooperate with Seller to prevent any violations of the terms of the Lease, including without limitation compliance with any applicable safety, internal operations and security regulations and procedures of Seller. (including c) Seller shall not be responsible for the oversight, supervision and control of, and payment of all expenses associated with, Buyer's visiting employees and independent contractors and Buyer shall be solely responsible for all expenses of any failure nature whatsoever associated with its employees while on the Premises. (d) Each party shall reasonably cooperate to review or approve or disapprove any items in accordance prevent interfering with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core other party's use and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress enjoyment of the work; (6) failure Premises. In the event of Landlord and Tenant to agree (for any reasonactual or reasonably anticipated interference, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord parties shall endeavor negotiate in good faith to provide Tenant with at least thirty resolve any resulting disputes. (30e) days prior written notice Seller shall not be liable for any damage to property or any injury to persons, sustained by Buyer or others, caused by conditions or activities on the Premises, other than conditions attributable to the failure of Seller to perform its obligations hereunder or the negligence or intentional misconduct of Seller, its employees, agents, contractors or representatives. Buyer hereby agrees to defend, indemnify and hold Seller harmless from and against any and all expense, including but not limited to, reasonable attorney's fees, losses, claims or liability arising from injury to person or property arising out of Buyer's use and possession of the date when Landlord believes Premises, except to the Term Commencement Date will occurextent that any such claim is attributable to failure of Seller to perform its obligations hereunder or the negligence or intentional misconduct of Seller, its employees, agents, contractors or representatives. (f) Seller shall provide Buyer's consultant, Kemon Papacosta ("Papacosta"), with an office on the Premises, as may be reasonably required by Papacosta in order to render consulting services to Buyer. Pursuant to the Lease, the Premises may be used for general office, manufacturing and laboratory research purposes and for no other purpose and Papacosta shall use the Premises only for such purposes. Prior to the Closing Date, Seller shall deliver to Buyer and Papacosta all necessary consents and approvals permitting Papacosta's use of the Premises. Seller shall provide Papacosta with such office space without charge for the duration of his consultancy period with Buyer, but in no event shall Papacosta's occupancy of office space on the Premises exceed two (2) years from the Closing Date. (g) Seller shall not be responsible for providing secretarial, administrative and clerical support to Papacosta, except that Seller shall provide Papacosta with broadband Internet access in order for Papacosta to retrieve e-mail. (h) Seller shall not be responsible for the oversight, supervision and control of, and payment of any expenses associated with Papacosta's use of the Premises and Seller shall not be responsible for any salaries, wages, other compensation, medical and health insurance, pension plan contributions and assessments, Social Security taxes, Medicare taxes, unemployment taxes, worker's compensation insurance and other benefits, taxes and related tax filings and other items.

Premises. (a) Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain space (herein called "PREMISES"), consisting of approximately seventy-five thousand (75,000) rentable square feet, known as "SUITE 400," at the building ("BUILDING"), located at [To Be Determined/bounded by Highway 128 and 120th Street], Broomfield, Colorado, commonly known as "EL DORADO RIDGE," shown on Exhibit A attached hereto and hereby made a part hereof, including the Tenant Improvements ("TENANT IMPROVEMENTS") to be constructed in accordance with the "WORK LETTER AGREEMENT" attached as Exhibit B hereto. The Premises shall endeavor consist of the entire fourth, third, second floor, and a portion of the first floor. Said Lease is subject to tender possession the terms, covenants and conditions herein set forth and the Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of said performance. El Dorado Ridge is anticipated, upon completion of construction, to have two (2) separate buildings, the first, known as "BUILDING ONE," consisting of approximately one hundred five thousand (105,000) rentable square feet, generally described in Exhibit B-1 and the second, the Building referenced in this Lease. The Building, Building One and the related common improvements are collectively referred to as the "PROJECT." (b) The demise of the Premises contained herein shall include a non-exclusive right for Tenant to use all portions of the Building and the common areas thereof designated by Landlord for the common use of all tenants including, without limitation, hallways, restrooms, stairs, entrances, lobby areas, elevators, parking spaces, driveways and loading areas. Landlord shall not alter or reduce the common areas or the Premises in a manner which unreasonably interferes with Tenant's use or enjoyment of the Premises. (c) Tenant acknowledges that, as of the Lease Date, Landlord has not commenced construction of the Project, which construction is anticipated to begin following the Lease Date when determined by Landlord. In this regard, Landlord intends to complete construction of the Building and Tenant Improvements in accordance with the Tenant Improvements and provisions of the Core and Shell Work Substantially Complete) to Tenant Letter Agreement on or before the Estimated Delivery DateExpected Occupancy Date (as hereinafter defined). If Core and Shell Work or the Tenant Improvements as required pursuant Prior to the terms Commencement Date, Landlord shall cause the Building to be measured to determine the rentable and usable square footage of the Work Letter are not Substantially Complete on or before Building and the Estimated Delivery Date Premises. Such measurement shall be in compliance with the Building Owners and Managers Association Standard Method for any reason whatsoeverMeasuring Floor Area within Office Buildings (ANSI Z65.1-1996). With regard to such determination, then this Lease Landlord agrees that a R/U ratio of 1.059% shall not be void or voidableexceeded for full floor occupancy, Landlord and a R/U ratio of 1.1284% shall not be liable to exceeded for partial floor occupancy. Landlord shall provide Tenant for any loss or damage resulting therefrom and with a written summary, certified by its architect, setting forth the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction determination of the requirements for Substantial Completion of Core usable and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area rentable square footage of the Premises in accordance prior to the Commencement Date consistent with Article 9the above-described measurement standard, which calculation must measurement shall be approved by Landlord binding and Tenant (both hereby agreeing to act reasonably with respect to granting such approval)conclusive upon the parties. “Tenant Delay” Such measurements shall mean any delay be confirmed in the commencement or completion First Amendment to Lease and Acknowledgement (as hereinafter defined). (d) As of the Core Commencement Date, Landlord represents and Shell Work or warrants that the TI Work that results from or arises out of Building (excluding any of areas within the following: Premises constructed by and/or designed by Tenant), to the extent constructed by Landlord, its agents, employees, contractors and/or subcontractors, shall (1i) delays or failure of Tenant to deliver items comply with all applicable laws, and (ii) have been constructed in accordance with the Work Letter attached hereto as Exhibit G; specifications for the Building (2"BASE BUILDING SPECIFICATIONS") Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurExhibit B-2 attached hereto.

Premises. Landlord shall endeavor (a) Lessor hereby leases to tender possession Lessee, and Lessee hereby leases from Lessor, for the term, at the rental and upon all of the Premises terms and conditions set forth herein, those certain premises consisting of the area outlined and cross hatched on the plans attached hereto as Exhibit B-1 and B-2 (the "Primary Premises") which-is a portion of that certain building (the "Building") located at 00000 Xxxxxxx Xxxxxx, xx xxx Xxxx xx Xxxxxxxx, Xxxxxx of Los Angeles, State of California. (b) On the condition that the present tenant, to wit: TRW, vacates the warehouse space located within the Building and outlined and cross-hatched on the plan attached hereto as Exhibit B-3 (the "TRW Warehouse Space"), Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, for the term, at the rental and upon all of the terms and conditions set forth herein the TRW Warehouse Space. In this connection Lessor has prior to the execution of this Lease served a thirty (30) notice on TRW to vacate the TRW Warehouse Space, Lessor shall have no other obligation with regard to such space other than to lease the Tenant Improvements and the Core and Shell Work Substantially Complete) space to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required Lessee pursuant to the terms of this Lease if, as and when it becomes available. In the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then event TRW fails to vacate such space this Lease shall not be void or voidable, Landlord continue in full force and effect as to the Primary Premises and Lessor shall not be liable have no liability to Tenant for any loss or damage resulting therefrom Lessee as a consequence of such failure. In the event TRW vacates the TRW Warehouse Space and as a consequence Lessor leases the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; same to Lessee as above provided, however, if when Lessor makes the satisfaction of TRW Warehouse Space available to Lessee for occupancy the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (term "Premises" as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth used in this Lease or shall mean the Work Letter (including any failure to review or approve or disapprove any items in accordance Primary Premises together with the Work Letter); (3) delays caused by Tenant Change Order Requests (TRW Warehouse Space. In the event TRW does not vacate the TRW Warehouse Space and Lessor only leases the Primary Premises to Lessee pursuant to this Lease, the term "Premises" as defined used in this Lease shall mean the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPrimary Premises.

Premises. Landlord shall endeavor to tender possession (a) For and in consideration of the Premises (with the Tenant Improvements rent to be paid and the Core and Shell Work Substantially Complete) covenants to be performed by Tenant on or before under this lease, Landlord agrees to lease the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Premises to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverTenant, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed agrees to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of lease the Premises in accordance with Article 9from Landlord, which calculation must be approved by Landlord on the terms and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as conditions set forth in this Lease or lease. Except as expressly set forth in this Lease, “the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (Premises” is described as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or Space Number Seven (7) delays caused on Citizens Dock (“the Dock”) in the County of Del Norte, State of California, more particularly illustrated in Exhibit “A”, attached hereto and incorporated by this reference and two (2) freezer spaces. Tenant shall have the right to place two hoists within each space of the Premises. Tenant shall have the exclusive right to possession of the space taken up on the Dock by the base of Tenant’s hoist, any revision office space located within the Premises, freezer space as allocated by this Lease, and for temporary storage containers so long as they do not unreasonably impede access through the Premises by vehicles and pedestrians for other harbor related activities. Placement of storage containers outside the boundary shown on Exhibit A is prohibited. As to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice remainder of the date Premises, for the term of this Lease, Landlord grants Tenant and its employees, agents, customers and invitees, the nonexclusive right, in common with Landlord and all others to whom Landlord has or may grant the right, to use the Common Areas, subject to Tenant's compliance with any rules and regulations enacted or modified by Landlord that govern the use of the Common Areas. ''Common Areas'' means the space within the Premises excepting those areas to which Tenant is granted the exclusive right of possession, above. ''Common Areas'' is more fully defined in Article 9, herein. Tenant shall also have the nonexclusive right to use in common with Landlord, other tenants in the harbor and their employees and invitees, Landlord’s common entrances, restrooms, parking lot and similar areas and facilities in the vicinity of the Premises that are not leased to other tenants, subject to Landlord’s regulation of those facilities. Tenant shall not store anything off the Premises on Landlord’s property. (b) All vehicles using the parking lots shall be operable and removed from the harbor’s parking lots and other areas on a daily basis. Vehicles longer than twenty-three feet shall not be allowed in the harbor unless they are conducting transient loading and unloading. For such transient loading and unloading vehicles, any vehicle that exceeds thirty feet in length, including its semi-trailer, is hereafter referred to as a “Truck.” All Trucks that are doing any business with Tenant shall be on the Dock only when they are actively loading or unloading. If the Truck is waiting, it shall be parked in the boat basin parking lot. Trailers shall never be disconnected from the motor truck or truck tractor. Trucks shall back out on Citizen’s Dock. Trucks are prohibited from attempting to U-turn on the Dock. Trucks are prohibited from being left unattended. Additionally, Trucks doing business with the Tenant are prohibited from parking between the “Y” intersection of the Dock and the entrance of the Dock excepting the unloading area below the fuel dock. (c) The rights of Tenant under this Lease are subject to and subordinate to any general obligation, bond, Certificate of Participation, loan or other indebtedness of the Landlord believes the Term Commencement Date will occurnow in existence or hereafter created.

Premises. In consideration of the obligation of Tenant to pay -------- rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby leases from Landlord, certain premises comprised of 24,600 rentable square feet (the "Premises") in a building known as 0000 Xxxxxxxxx Xxxxxxxxx (the "Building") situated on certain land (the "Land") in the -------- ---- County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together --------- with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. A floor plan of the Premises (with is attached hereto and made a part hereof as Exhibit B. Except as provided herein, the Premises are leased by Tenant Improvements and --------- "as is". Except as Tenant may specify in writing to Landlord, the Core and Shell Work Substantially Complete) to taking of possession by Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed conclusively to occur establish that the Premises and any improvements thereto are in good and satisfactory condition as of when (possession was taken. Tenant further acknowledges that no representations as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and to the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area repair of the Premises, nor promises to alter, remodel or improve the Premises in accordance with Article 9, which calculation must be approved have been made by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting unless such approval). “Tenant Delay” shall mean any delay in the commencement representations or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as promises are expressly set forth in this Lease or Lease. Within five days of the Work Letter (including any failure Commencement Date, Tenant shall, upon demand of Landlord, execute and deliver to review or approve or disapprove any items in accordance with Landlord a letter of acceptance of delivery of the Work Letter); (3) delays caused by Tenant Change Order Requests Premises, acknowledging the Commencement and Termination Dates of this Lease. Before the Commencement Date (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letterhereinafter defined); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress certain upfit of the work; (6) failure of Premises shall be performed by Landlord and Tenant Tenant. Landlord agrees to agree (for any reason, provided Landlord acts in good faith perform the limited upfit set forth on Exhibit D and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request incorporated herein --------- by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Requestreference. Landlord shall endeavor in good faith also obtain at its cost the certificate of occupancy necessary for Tenant to provide occupy the Premises and conduct its business therein. Tenant with shall be responsible for reimbursing Landlord up to Five Thousand Dollars ($5,000.00) for additional upfit provided Landlord delivers reasonable evidence that the upfit to the Premises will exceed $70,000.00. Tenant's reimbursement to Landlord shall be one half of any amount exceeding $70,000.00 but Tenant's contribution shall not exceed $5,000.00, which at least thirty (30) days prior written notice Tenant's option shall amortize over the initial Term of this Lease at the date when Landlord believes the Term Commencement Date will occurrate of 8.5% per annum.

Premises. The Exhibit A-2 Premises shall be prepared for Tenant's occupancy by XXXXXXXXXXX CONSTRUCTION CORPORATION ("OCC") as Tenant's General Contractor, at Tenant's sole cost and expense. The installations, facilities, materials and work to be installed and performed in the Exhibit A-2 Premises shall be hereinafter referred to as "Tenant's Work". Landlord agrees to contribute the sum of Eighteen Thousand Six Hundred and Ninety Dollars and 00/100 ($18,690.00) towards the cost of Tenant's Work ("Landlord's Construction Allowance"). Payment shall endeavor be made against invoices for work performed within twenty (20) days after receipt by Landlord of such invoices. Tenant shall submit to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant Landlord, for Landlord's approval, on or before May 3, 1996, plans reflecting Tenant's Work to be performed in the Estimated Delivery DateExhibit A-2 Premises ("Tenant's Plans"). If Core Tenant shall pay any cost for Tenant's Work in the Exhibit A-2 Premises in excess of Landlord's Construction Allowance. OCC shall perform Tenant's Work based on commercially competitive charges and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease in accordance with Tenant's Plans and shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements obtain competitive bids from subcontractors. The Exhibit A-2 Premises shall be deemed to occur ready for occupancy when (as reasonably determined by Landlord) Substantial Completion of Core and Shell OCC shall have substantially completed Tenant's Work and in the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Exhibit A-2 Premises in accordance with Article 9, which calculation must be approved by Landlord Tenant's Plans and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; given five (5) a willful days' notice to Tenant to such effect (the "Substantial Completion Date"). OCC's work in the Exhibit A-2 Premises shall be deemed substantially completed notwithstanding the fact that minor insubstantial details of construction, mechanical adjustment or negligent act or omission decoration remain to be performed, the non-completion of Tenant or which does not materially interfere with Tenant’s Agents that interferes with the progress 's use of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurExhibit A-2 Premises.

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the terms and conditions herein set forth, that certain building (“Premises”) referred to in Paragraph 1.4 above, shown cross-hatched on the site plan attached hereto as Exhibit “A”. In addition, Tenant shall endeavor have the following rights with respect to tender the real property (excluding buildings located thereon) more particularly described in the legal description attached as Exhibit “B” hereto (if applicable) and outlined in red on Exhibit “A” (“Common Area”): (i) the non-exclusive right to use no more than the number of parking spaces set forth in Paragraph 1.12 above, within the Common Area (and not allocated for the exclusive use of another tenant of Landlord); and (ii) such other rights as are necessary and convenient to Tenant’s possession of the Premises or performance of Tenant’s obligations under this Lease. Notwithstanding the number of parking spaces designated for Tenant’s non-exclusive use, in the event by reason of any rule, regulation, order, law, statute, ordinance or other requirement of any governmental or quasi-governmental authority now or hereafter in effect (with collectively, “Laws”) relating to or affecting parking on the Tenant Improvements and Common Area, or any other cause beyond Landlord’s reasonable control, Landlord is required to reduce the Core and Shell Work Substantially Complete) to Tenant number of parking spaces on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableCommon Area, Landlord shall have the right to proportionately reduce the number of parking spaces designated herein for Tenant’s non-exclusive use, but not be liable below 75% of such number of parking spaces referred to in Paragraph 1.12. In addition, Landlord grants to Tenant a non-exclusive easement for any loss or damage resulting therefrom vehicular ingress and egress in and over the Term Commencement Date shall not occur until Substantial Completion of Core paved roadways in the Common Area and Shell Work pedestrian ingress and egress in and over the Tenant Improvements occurs; provided, however, if Common Area. Landlord reserves the satisfaction right to grant to tenants of the requirements for Substantial Completion buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon real property owned by Landlord adjacent to the Common Area, and to the agents, employees, servants, invitees, contractors, guests, customers and representatives of Core and Shell Work such tenants or the Tenant Improvements have been delayed by to any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined other user authorized by Landlord, the non-exclusive right to use the Common Area for pedestrian and vehicular ingress and egress and vehicular parking unless the grant of such rights to tenants of such other buildings or improvements would adversely affect access to the Premises or to the parking areas, or would reduce the number of parking spaces available to Tenant, or would add or increase any costs or expenses charged to Tenant by Landlord under this Lease (including, but not limited to, Common Area Operating Expenses) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing beyond those costs reasonably anticipated to Landlord and Tenant the Rentable Area be incurred as a result of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion customary use of the Core parking areas by such other tenants and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialstheir respective agents, components or finishes for Core employees, servants, invitees, contractors, guests, customers and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurrepresentatives.

Premises. Landlord shall endeavor (a) Lessor is the owner of a parcel of land (the "Land") and building (the "Building") located in the City of Redwood City, County of San Mateo, State of California, commonly known as 700 El Camino Real (APN: 52195140) (the Building and the Land are cxxxxxxxxxxx. xxx "Property"). The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to tender possession Lessee and Lessee leases from Lessor approximately Two Hundred Ten (210) square feet of space on the roof of the Premises Building for the placement of its equipment shelter and space on the roof of (he building for the placement of up to twelve (12) panel antennas and all access and utility easements (collectively. the "Premises"), as described in Exhibit B annexed hereto. (b) Lessor hereby reserves the right upon not less than ninety (90) day's prior written notice. to require Lessee, to relocate the Lessee's antenna to another location on the Building ("Alternate Antenna Location"), in the event Lessor plans a renovation or expansion of ail or part of the Building and Lessee's antennas directly affect the portion of the Building to be renovated or expanded. In the event of such renovation or expansion of the Building: (i) The Alternate Antenna Location shall, in Lessee's sole and reasonable judgment. be similar in area and appropriateness for Lessee's purposes, (ii) Lessee is able, with reasonable efforts, to acquire any governmental approvals required for the relocation, if any, (iii) that if such required relocation occurs more than once during the Term or any Renewal Term of the Agreement, Lessor shall pay any and all expenses connected with moving Lessee, its properly and its antennas to the Alternate Antenna Location and back to the original site, provided however, any cost associated with the Tenant Improvements and first temporary relocation pursuant to this Agreement shall be borne solely by Lessee (2) Upon conclusion of the Core and Shell Work Substantially Complete) Building renovation, Lessee's antennas shall be moved back to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required Premises, pursuant to the terms cost basis as provided in (b)(l)(iii), and Lessee will cease use of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurAlternate Antenna Location.

Premises. Landlord Annexed hereto and made a part hereof is a copy of the Exhibit A Site Plan originally annexed to and made part of the Lease; and a new copy of that plan, labeled (and hereinafter referred to) as "Exhibit A-1". As of May 17, 1997 (referred to hereinafter as the "Delivery Date"), the Lease shall endeavor relate to tender and cover only the portion of the Original Premises which are comprised of the premises located on the area identified on Exhibit A-1 as the "Balfour Parcel" (together with an appurtenant right of access and egress between the Balfour Parcel and Xxxx Xxxxxxx Blvd.). Accordingly, and without limitation, effective from and after the Delivery Date, the Tenant shall have no right, title or interest in and to the balance of the Original Premises (shown on Exhibit A-1, and referred to hereinafter, as the "Adjacent Parcel"), and the Tenant shall vacate and deliver up possession of the Premises (Adjacent Parcel including, without limitation, the Building located thereon, in the condition required as if 12:01 A.M. on the Delivery Date were the end of the term of the Lease with respect to the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant Adjacent Parcel, on or before the Estimated Delivery Date. If Core Further, from and Shell Work after the Delivery Date: all references in the Lease to the "Lot" shall be references to the parcel(s) comprising the area shown on Exhibit A-1 as the Balfour Parcel; all such references to a Building or the Tenant Improvements Buildings, as required pursuant the case may be, shall be references to the terms of Building located on the Work Letter are not Substantially Complete on or before Balfour Parcel; all such references to the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements "improvements" thereon shall be deemed references to occur when (as reasonably determined by Landlord) Substantial Completion of Core those contained on the Balfour Parcel; and Shell Work all such references to the "Premises" shall be references to the Balfour Parcel together with the Building and improvements thereon. Likewise, from and after the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and Delivery Date, whenever reference is made to the Tenant Improvements, Landlord’s architect shall calculate and certify in writing Site Plan or to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay Exhibit A in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant Lease, such reference shall be construed to deliver items in accordance with the Work Letter attached hereto as be reference to Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurA-1 hereto.

Premises. Landlord Pursuant to the Master Lease specified below, Manager shall endeavor provide GROUP with adequate administrative office space at the addresses described therein (the "Premises") and Group shall retain all of its remaining facilities for the operation of the Practice with leasehold improvements, auxiliary services and utilities in order that GROUP may effectively perform its functions and duties. In consideration of the sums to tender possession be paid to Manager under the terms of this Agreement, Manager hereby leases to GROUP during the term of this Agreement the furniture, fixtures and equipment (the "FF&E") listed on Exhibit "B" attached hereto and incorporated herein by this reference, under the following terms and conditions: 1.1. Manager is the lessee under certain leases for the Premises (with hereinafter collectively referred to as the Tenant Improvements and the Core and Shell Work Substantially Complete"Master Lease") to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms copies of the Work Letter which are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in "A" and incorporated herein by this Lease or reference. GROUP hereby acknowledges that the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Premises described in the Work Letter) or TI Tenant Change Order Requests (as defined in Master Lease are suitable for the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress administrative office of the work; (6) failure Practice. Based and contingent upon GROUP's promise to timely pay all amounts due under this Agreement, Manager hereby agrees to sublease the leased Premises to GROUP upon the following terms and conditions: 1.1.1. This sublease between Manager and GROUP of Landlord the Premises shall be subject to all of the terms and Tenant to agree (conditions of the Master Lease. In the event of the termination of Manager's interest as lessee under the Master Lease for any reason, provided Landlord acts in good faith then the sublease created hereby shall simultaneously terminate unless GROUP is willing to assume the obligations under the Master Lease and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope Lessor consents thereto. 1.1.2. All of the Tenant Improvements terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of the sublease (with each reference therein to "Lessor" and "Lessee," to be modified in connection deemed to refer to Manager and GROUP, respectively) and, along with the Budget; provisions of this Section and Exhibit "A," shall be the complete terms and conditions of the sublease created hereby. 1.1.3. Notwithstanding the foregoing, as between Manager and GROUP, Manager shall remain responsible for meeting the financial obligations of "Lessee" under the Master Lease, and GROUP shall have no monetary obligation in that regard. In addition, as between Manager and GROUP, Manager shall retain all rights to exercise any options to purchase the Premises, or (7) delays caused by any revision other similar rights of ownership or possession, which may be granted under the Master Lease, and GROUP shall have no rights in that regard. 1.1.4. In the event this Agreement is terminated according to its terms, this sublease shall also terminate automatically. 1.1.5. If the Budget or TI Tenant Change Order Request. Landlord Master Lease contains an option to renew the term thereof, Manager shall endeavor in good faith to provide Tenant with notify GROUP, at least thirty (30) days prior written notice to the expiration of the date when time for exercising such option, of Manager's intention to renew or not to renew such term. If Manager determines not to renew such term, Manager shall, at GROUP's option and upon the consent of the Landlord believes in accordance with the Term Commencement Date will occurterms of the Master Lease, assign the Master Lease to GROUP, including Manager's right to renew the term thereof.

Premises. Landlord According to the provisions set forth herein and for consideration received, the Parties hereby acknowledge that LESSEE shall endeavor lease from the LESSOR 12,181+/- square feet of office space within the Guilford County Mental Health Building located at 000 X. Xxxxxxxxxx Xxxxxx, Xxxx Xxxxx, XX 00000 (referred to tender possession as "Premises "), as shown on Exhibit A, which is attached hereto for reference, situated in Guilford County. Specific details of the Premises (with the Tenant Improvements extent of space leased are as shown in Exhibit A and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Datemay not differ without prior written approval. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of XXXXXX accepts the Premises in accordance with Article 9the current "as-is" and "where is" condition. LESSEE hereby acknowledges and agrees that LESSOR has made no representations, which calculation must be approved by Landlord and Tenant (both hereby agreeing covenants, or warranties whatsoever to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant LESSEE with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant Premises, the Building, or any request by Tenant that the scope Real Estate, the condition of the Tenant Improvements be modified Premises, the Building, or the Real Estate, or the suitability for use by LESSEE of the Premises, the Building, or the Real Estate in connection with the Budgetbusiness operations of LESSEE; and LESSOR has no obligation to LESSEE whatsoever, pursuant to this Lease or (7) delays caused by any revision otherwise, with respect to the Budget obtaining or TI Tenant Change Order Request. Landlord shall endeavor maintaining of any governmental approvals, consents, licenses, permits, certificates of occupancy, or other certificates (collectively, the "Governmental Authorizations") necessary or desirable in good faith to provide Tenant connection with at least thirty (30) days prior written notice the use and occupancy of the date when Landlord believes the Term Commencement Date will occurPremises by LESSEE pursuant to this Lease and that any and all such Governmental Authorizations are to be obtained by XXXXXX, at LESSEE's sole cost and expense.

Premises. Landlord shall endeavor to tender possession (a) RETURN OF SECOND FLOOR COMMON LOCKER AREA. Effective as of the Premises (Second Amendment Effective Date, Tenant hereby returns and surrenders to Landlord the Return Space, as such space is more particularly described on Exhibit 1 attached to and made a part hereof. Tenant shall return and surrender the Return Space with the Tenant Improvements all of Tenant's personal property removed, in "as is" condition and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to otherwise in accordance with the terms of the Work Letter are not Substantially Complete on or before Lease, except that Landlord approves the Estimated Delivery Date for any reason whatsoever, then this Lease work and alterations that Tenant performed in the Return Space and Landlord agrees that Tenant shall not be void required to remove such work and alterations or voidableperform any further work or alterations thereto to effect such surrender in accordance with the terms of the Lease. Effective as of the Second Amendment Effective Date, (i) the Return Space shall no longer be deemed a part of the Premises under the Lease, and (ii) the Return Space shall be deemed part of the Building Common Area serving the function of a common locker area and corridor and Landlord shall not be liable to Tenant responsible for any loss or damage resulting therefrom the maintenance, repair and all other obligations associated with the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction Return Space as common areas of the requirements for Substantial Completion Building, subject to Tenant's obligations under the Lease with respect to such common areas of Core the Building. (b) LEASE OF P-1 ADDITIONAL PREMISES. Effective as of the Second Amendment Effective Date, the Premises demised under the Lease shall be hereby expanded to include the P-1 Additional Premises, as such P-1 Additional Premises are more particularly described on Exhibit 2 attached hereto and Shell Work or incorporated herein by this reference. From and after the Tenant Improvements have been delayed by any Tenant DelaySecond Amendment Effective Date, Substantial Completion of Core and Shell Work and the Tenant Improvements P-1 Additional Premises shall be deemed to occur when (be included as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area part of the Premises "Premises" as referenced throughout the Lease. Landlord hereby expressly approves (i) the plans for the work performed or to be performed by Tenant (or, as between Tenant and its subtenant only, as Tenant may permit or require to be performed by its subtenant) in accordance with Article 9the P-1 Additional Premises, which calculation must be approved by Landlord plans are contained on the drawings labeled "A1.0 Existing/Demolition Parking Level 1 Plan" and Tenant ("A1.1 Proposed Plan Parking Level 1 & 2", both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of which are part of the Core plans entitled "New Laboratories & Offices for: MOMENTA, Level Four, 000 Xxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxxxxxx, Construction Set, 19 June 2007," by AHA Consulting Engineers, Xxxxx Xxxxx & Doktor Architects & Planners, Inc.; and Shell Work or (ii) the TI Work that results from or arises out use of any of the following: (1) delays or failure of Tenant said P-1 Additional Premises as a chemical storage area and closet subject to deliver items and in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth terms and conditions of the Lease. All work and alterations by Tenant shall be performed in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance compliance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core terms and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress conditions of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurLease.

Premises. Tenant currently occupies the Premises and represents to Landlord shall endeavor that it has examined and inspected the same, finds them satisfactory for Tenant’s intended use, and constitutes Tenant’s acceptance “AS IS - WITH ALL FAULTS.” Landlord makes no express or implied representations or warranties as to tender possession the condition of the Premises whatsoever. Promptly following the Effective Date, Tenant, at Tenant’s sole cost and expense, shall (with i) remove the Tenant Improvements internal stairwell between floor 3 and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms floor 4 of the Work Letter are not Substantially Complete on or before Project, close off the Estimated Delivery Date for any reason whatsoeverarea in which the stairwell was located, then this Lease shall not be void or voidableand restore the Project (including roof, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom ceiling, and flooring) in such area and (ii) finish the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area unfinished portion of the Premises located on the first floor (collectively, the “Tenant Work”). The Tenant Work shall be performed in accordance compliance with Article 9, which calculation must be approved by Exhibit B. It being understood that Landlord and Tenant (both hereby agreeing to act reasonably has no construction responsibilities with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion delivery of the Core and Shell Contracted Premises. The Tenant Work or the TI Work that results from or arises out of any shall be performed pursuant to Exhibit B. The portion of the following: Tenant Work described in clause (1i) delays or failure of Tenant to deliver items above shall be completed in accordance with the provisions of Exhibit B and sufficient to allow the commencement of the new tenant’s occupancy under the New Lease on or before 4th Floor Contraction Date. In the event that the Tenant Work Letter attached hereto described in clause (i) above is not completed by the 4th Floor Contraction Date, (a) Tenant acknowledges that Landlord will incur damages under the New Lease, and (b) Tenant shall pay to Landlord as Exhibit G; (2) Tenant’s damages for such failure to fulfill its obligations as set forth complete the Tenant Work described in this Lease or clause (i) above by the 4th Floor Contraction Date an amount equal to Five Hundred and No/100 Dollars ($500.00) per day for each day between the 4th Floor Contraction Date and the date on which the Tenant Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) is complete, excluding from that time period delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurForce Majeure.

Premises. Landlord shall endeavor to tender possession In consideration of the rents, covenants, agreements, and stipulations herein set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain portion of the Building located on the Land described in Schedule "A-1" attached hereto (the "LAND") which portion of the Building will contain approximately Two Hundred and Fourteen Thousand, Three Hundred and Twenty One (214,321) square feet of rentable area (the "PREMISES") (the Land and the Building are collectively referred to herein as the "PROJECT", as outlined in red on Schedule "A"). The Premises (shall be constructed in accordance with those certain plans and specifications attached hereto and in accordance with the Tenant Improvements Build-to-Suit Addendum attached hereto all attached as Schedule "D" and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed contemplated by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurredSection 6 hereof. Within thirty (30) days after Substantial Completion completion of Core and Shell Work the Premises, the Premises and the Tenant ImprovementsBuilding shall be measured in accordance with ANSI/BOMA Z65.1, 1996 by Landlord’s 's architect (the "ARCHITECT") who shall be licensed in the Province of Ontario. The square footage measurement obtained by the architect shall calculate control with corresponding adjustment in rent, and certify in writing to the event that the actual square footage differs by more than 1% from the estimated square footage shown above, Landlord and Tenant covenant and agree to execute an amendment hereto confirming the Rentable Area same with corresponding adjustments in rent. The parties acknowledge that the Tenant was the owner of the Premises Lands and the Balance (as hereinafter defined) and transferred the same to the Landlord and agreed to lease back the Project pursuant to such agreement of purchase and sale. The Tenant also acknowledges that the Project is to be severed from the larger parcel that the Tenant conveyed to the Landlord (the balance of the lands conveyed being herein referred to as the "BALANCE") and that the Landlord, or a successor in accordance with Article 9title thereto, may intend to develop the Balance. The Tenant hereby consents to any rezoning (other than to a Prohibited Use as hereinafter defined), official plan amendment, severance or minor variance application that may be submitted by the Landlord and, if necessary, the Tenant agrees to execute any documentation in connection therewith submitted to it by the Landlord within three (3) Business Days of submission. The Balance shall be subject to the following restrictions, which calculation must shall be approved by Landlord binding upon all owners, future owners, lessees and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean sublessees or any delay other person who may have an interest in the commencement Property so long as this Lease is in effect. For purposes hereof, the Balance or completion of any portion thereof shall not be used for the Core and Shell Work or the TI Work that results from or arises out of any of the followingfollowing prohibited uses: (1i) delays any operation primarily used for smelting, agricultural or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit Gmining, pit or quarry operations; (2ii) Tenant’s failure to fulfill any mobile home park, labour camp, junk yard, stockyard or salvage yard; (iii) any automobile, truck, trailer, or recreational vehicle body shop; (iv) any establishment selling or exhibiting pornographic materials or massage parlor or any form of a sex related business (excluding for the sake of clarity a video store selling or renting pornographic materials as part of its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letterbusiness); (3v) delays caused by Tenant Change Order Requests (any use in which the principal or primary purpose is to operate a bar, tavern or brew pub, it being understood that the operation of a bar, tavern or brew pub as defined part of or in conjunction with the Work Letter) operation of a restaurant, hotel or TI Tenant Change Order Requests (as defined in the Work Letter)office building shall be permitted; (4vi) unavailability of materialsany use in which the principal or primary purpose is to operate a flea market, components bingo hall, nightclub, dance hall or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for deliverydisco; (5vii) a willful or negligent act or omission facility for the sale of Tenant or Tenant’s Agents that interferes paraphernalia for use with the progress of the workillicit drugs; (6viii) failure of Landlord and Tenant to agree a carnival, amusement park or circus; (for any reason, provided Landlord acts ix) a kennel or animal boarding or breeding facility in good faith and diligently to work with Tenant with respect to which the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant animals are primarily kept or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budgethoused outside; or (7x) delays caused by a facility in which the principal or primary purpose is gambling including but not limited to, an off-track or sports betting parlor, and a facility with table games such as blackjack or poker, slot machines, and/or video poker/blackjack/keno machines, provided that the foregoing uses may be carried on in conjunction with a hotel or restaurant or any revision to other establishment whose primary business is not the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty carrying on of such uses (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur"PROHIBITED USES").

Premises. Tenant is currently in occupancy of the Premises, and Landlord shall endeavor has no obligation to tender possession perform any construction or other work to the interior or exterior of the Premises or elsewhere at the Property in preparation for Tenant’s occupancy. LANDLORD LEASES AND WILL LEASE AND TENANT TAKES AND WILL TAKE THE PREMISES AS IS, AND TENANT ACKNOWLEDGES THAT LANDLORD (with WHETHER ACTING AS LANDLORD HEREUNDER OR IN ANY OTHER CAPACITY) HAS NOT MADE AND WILL NOT MAKE, NOR SHALL LANDLORD BE DEEMED TO HAVE MADE, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE PREMISES, INCLUDING ANY WARRANTY OR REPRESENTATION AS TO ITS FITNESS FOR USE OR PURPOSE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, OR AS TO VALUE, COMPLIANCE WITH SPECIFICATIONS, LOCATION, USE, CONDITION, MERCHANTABILITY, QUALITY, DESCRIPTION, DURABILITY OR OPERATION, IT BEING AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY TENANT. Tenant acknowledges that the Premises are of its selection and to its specifications and that the Premises have been inspected by Tenant Improvements and are satisfactory to it. In the Core and Shell Work Substantially Complete) to Tenant on event of any defect or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms deficiency in any of the Work Letter are not Substantially Complete on Premises of any nature, whether patent or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidablelatent, Landlord shall not be liable to Tenant have any responsibility or liability with respect thereto or for any loss incidental or damage resulting therefrom consequential damages (including strict liability in tort). The provisions of this Article have been negotiated, and the Term Commencement Date shall not occur until Substantial Completion foregoing provisions are intended to be a complete exclusion and negation of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined warranties by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9express or implied, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsPremises, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect arising pursuant to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant uniform commercial code or any request by Tenant that the scope of the Tenant Improvements be modified other law now or hereafter in connection with the Budget; effect or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurotherwise.

Premises. Landlord shall endeavor to tender possession Effective as of the Premises (date of Landlord's delivery of the First: Floor Expansion Space and the Second Floor Expansion Space to Tenant with said space being repainted and re-carpeted by Landlord with building standard materials in, accordance with the Tenant Improvements terms herein (the "Extension Commencement Date")/ the Combined Premises shall be further expanded to include the First Floor Expansion Space and the Core Second Floor Expansion Space, and Shell Work Substantially Completethe Premises shall be redefined to be 16,273 rentable square feet on the first, second and third floors of the Building (the "Revised Premises") to Tenant as more particularly described on or before the Estimated Delivery Datefloor plan attached hereto as Exhibit "A-2". If Core Accordingly, as of the Extension Commencement Date and Shell Work or continuing until the Tenant Improvements 2004 Expansion Date (as required pursuant hereinafter defined), wherever reference is made in, the Lease to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverPremises, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements it shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core mean the Revised Premises, and Shell Work Exhibit A-l to the First Amendment shall be replaced with Exhibits A-2 and A-3 attached hereto in order to evidence the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area location of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval)Revised Premises. “Tenant Delay” shall mean any delay in the commencement or completion Effective as of the Core and Shell Work or the TI Work that results from or arises out date of any Landlord's delivery of the following: (1) delays or failure of 2004 Expansion Space to Tenant to deliver items upfitted in substantial accordance with the Work Letter Plans (as hereinafter defined) or the date upon which Landlord would have delivered the 2004 Expansion Space to Tenant upfitted in substantial accordance with the Plans but for delays attributable to Tenant or Tenant's agents, employees or contractors (the "2004 Expansion Date") and continuing throughout the Extension Term, the Revised Premises shall be further expanded to include the 2004 Expansion Space and the Premises shall be redefined to be 21,400 rentable square feet on the first, second and third floors of the Building (the "Complete Premises") as more particularly described on the floor plan attached hereto as Exhibit G; (2) Tenant’s failure "A-4". Accordingly, as of the 2004 Expansion Date, wherever reference is made in the Lease to fulfill its obligations as set forth in this Lease the Premises or the Work Letter Revised Premises, it shall be deemed to mean the Complete Premises, and Exhibit A-l to the First Amendment (including any failure and Exhibits A-2 and A-3 attached hereto) shall be replaced with Exhibit A-4 attached hereto in order to review or approve or disapprove any items in accordance with evidence the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress location of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurComplete Premises.

Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises, together with the right in common with others to use the Common Areas. Tenant accepts the Premises, Building and Common Areas "AS IS", without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Landlord and Tenant stipulate and agree to the rentable square footage set forth in Section 1 above without regard to actual measurement. (a) Landlord shall endeavor cause to tender possession of be constructed, in compliance with applicable Laws, the improvements, modifications and alterations to the Premises set forth on and in accordance with Exhibits "C" and "C-1" (with collectively, the "Tenant Improvements"). In constructing the Tenant Improvements, Landlord shall use Building standard materials and finishes (unless otherwise provided on Exhibits "C" and "C-1") and Landlord reserves the right, subject to Tenant's reasonable approval, to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available. Upon the Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Core Tenant Improvements with Landlord within five (5) business days of receipt of such notice from Landlord. Within five (5) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Landlord's receipt of the punchlist. Upon completion of all punchlist items to Tenant's reasonable satisfaction, it shall be presumed that all of the Tenant Improvements shall be free from readily discoverable defects in materials and Shell Work workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. (b) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Complete) to Tenant Completed on or before the Estimated Delivery Commencement Date. If Core and Shell Work , in whole or the in part, due to Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverDelay, then this Lease Tenant's obligation to pay Rent hereunder shall not be void affected or voidabledeferred on account of such delay and, Landlord the Commencement Date shall not be liable deemed to Tenant for any loss or damage resulting therefrom be the Estimated Commencement Date and the Term shall be extended for the number of days attributable to Tenant Delay (and Minimum Annual Rent during such extended period shall be the Minimum Annual Rent attributable to the last year of the initial Term of the Lease). (c) Following the determination of the Commencement Date Date, the parties shall not occur until Substantial Completion execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, Tenant's acceptance of Core the Premises and Shell Work such other items reasonably requested by Landlord. (d) Notwithstanding the foregoing, upon the Commencement Date, Landlord, at Landlord's sole cost and expense, shall deliver the Tenant Improvements occurs; Premises in compliance with all applicable Laws and shall deliver the roof, walls, floors and all sprinkler, lighting, loading, mechanical, electrical, heating and cooling and plumbing systems servicing the Premises in good working order, provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work that Landlord's obligations under this Section 2(d) shall exclude damages or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed defects to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur's Agents.

Premises. (a) The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, for the Term, the Premises, which shall endeavor be comprised of the space illustrated on EXHIBIT B-1, subject to tender possession the exclusion hereinbelow set forth in this Section 2.1, Landlord's reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Property and the terms and conditions of this Lease. The Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of the Landlord with respect to the Premises, the Building or the Property or with respect to the suitability of any of them for the conduct of the Tenant's business. The Premises shall exclude the entry and main lobby of the Building, first floor elevator lobby, first floor mail room, the common stairways and stairwells, elevators and elevator wellx, xxiler room, sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common other parts of the Building. If the Premises at any time includes less than the entire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby, toilets, janitor's closet, electrical and telephone closet, and freight elevator vestibule located on such floor. (b) The Tenant shall, on the thirtieth (30th) day following the occurrence of the "Rent Commencement Date" under the 88 Sidnxx Lease (the "88 Sidnxx Xxxt Commencement Date"), surrender a portion of the Premises comprised of Suites 300 and 180 (with the Tenant Improvements "Surrender Space") upon the terms and conditions of Section 12.9 hereof, and thereupon the Core Surrender Space shall be deleted from the Premises demised hereunder except and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of extent thereafter reincorporated into the Premises in accordance with Article 9Section 2.7 hereof. In the event of an 88 Sidnxx Non-fruition Termination, which calculation must be approved by Landlord the Tenant may not, and Tenant shall not, surrender the Surrender Space until the expiration or earlier termination of this Lease, except as otherwise expressly provided in Section 2.1(c) below. (both hereby agreeing c) Notwithstanding anything to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as contrary set forth in this Lease Lease, if the 88 Sidnxx Xxxse should be terminated, whether by the Landlord or the Work Letter Tenant, pursuant to either Section 2.7 of said 88 Sidnxx Xxxse or Article 16 of Exhibit C thereto (including any failure to review or approve or disapprove any items in accordance with the Work Letter"88 Sidnxx Non-fruition Termination"); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or then the Tenant Improvements that differ from Landlord’s standard work or that shall have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.option,

Premises. “AS-IS”. Tenant acknowledges that: (i) it has been advised by Landlord, Xxxxxxxx’s broker and Xxxxxx’s broker, if any, to satisfy itself with respect to the condition of the Premises (including, without limitation, the Building’s Systems, the Building’s Structure, and the security and environmental aspects thereof), the Loading Dock, the other areas of the Project, and the present and future suitability of the Premises for Tenant’s intended use; (ii) Tenant has made such inspection and investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to Xxxxxx’s occupancy of the Premises and use of the Project; and (iii) neither Landlord shall endeavor nor any of Landlord’s agents has made any oral or written representations or warranties with respect to tender the condition, suitability or fitness of the Premises or Project other than as may be specifically set forth in this Lease. By taking possession of the Premises (with and each Phase thereof for the performance of the Tenant Improvements and the Core and Shell Work Substantially Complete) to Improvements, Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlordhave accepted the Premises and each Phase thereof in its then “AS IS” condition, subject to all applicable Laws. Notwithstanding this Section 3(d) Substantial Completion of Core and Shell Work above, Landlord warrants that the Building’s Systems, the Building’s Structure, and the Tenant Improvements would have occurred Loading Dock (the “Covered Items”), other than any portion thereof constructed or altered by Tenant, shall be in good operating condition on the date possession of the Premises and each Phase thereof is delivered to Tenant. If a non-compliance with such warranty exists as of the delivery of possession, or if one of such Tenant Delay had not occurred. Within thirty Covered Items should malfunction or fail within one hundred eighty (30180) days after Substantial Completion the delivery of Core and Shell Work and possession of the applicable Phase of the Premises to Tenant, then Tenant Improvements, Landlord’s architect shall calculate and certify in writing nonetheless be deemed to Landlord and Tenant the Rentable Area have accepted such Phase of the Premises in accordance with Article 9the condition required by this Lease, which calculation must be approved by however Landlord and Tenant (both hereby agreeing to act reasonably shall, as Landlord’s sole obligation with respect to granting such approvalmatter, promptly after receipt of written notice from Tenant setting forth in reasonable detail the nature and extent of such non-compliance, malfunction or failure, rectify the same at Landlord’s expense (“Landlord’s Warranty Work”). “If Tenant Delay” shall mean any delay in does not give Landlord the commencement or completion required notice within one hundred eighty (180) days after the delivery of possession of the Core and Shell Work or the TI Work that results from or arises out of any applicable Phase of the following: (1) delays or failure of Tenant Premises to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that Landlord shall have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant no obligation with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurwarranty.

Premises. Landlord hereby leases to Tenant, and Tenant hires from Landlord that certain building (referred to herein as “Building” or “Premises”) to be constructed on Lot 2 as shown on Exhibit “A” attached hereto situated in the Town of Los Gatos, County of Santa Xxxxx, State of California. The Building is situated within a project site which at completion will be shared with (i) an existing building (“Building 1”) constructed on Lot 1 and leased by Tenant pursuant to that certain lease between the parties for Building 1 dated June 28, 2004 (“Building 1 Lease), (ii) a subterranean parking structure (“Parking Structure”) and surface parking and common areas constructed on Lot A and (iii) a residential condominium development to be constructed on Lot B, all as shown in Exhibit “A” (“Project”). The parties acknowledge that Lot 1 and Lot 2 are separate parcels from Lot A, however, for all purposes hereunder when referring to Lot 2, it shall include all appurtenant rights of an owner to the use, enjoyment, management and control of Lot A. For purposes of this Lease the Building is to contain approximately 80,000 rentable square feet. Until the Building is completed and the Parking Structure is expanded as provided below, all parking spaces to be located in the Parking Structure and on the surface of Lot A (which are not shown on Exhibit A as shared parking (“Shared Parking”)) shall be for the exclusive use of Tenant pursuant to the Building 1 Lease (the “Commercial Parking”). Concurrently with the completion of the Building, the Commercial Parking will be increased by expanding the Parking Structure on Lot A and the Building and Building 1 will share (i) the Commercial Parking, (ii) the Shared Parking (iii) landscaped common areas, sidewalks, service areas and other site facilities detailed on the plans and specifications. The Commercial Parking provided to the Building and Building 1 shall not be allocated between Tenant and any other tenant of either the Building or Building 1, (if Tenant no longer leases the entirety of both Buildings), unless any tenant notifies Landlord that there are not consistently 3.5 spaces per 1,000 square feet available to Tenant,. In such event Landlord agrees to designate by striping the parking or other signage based on square footage to Tenant and the other tenants of the Buildings. In such event, Landlord shall endeavor undertake such action to tender possession effectuate such request and thereafter Tenant shall be able to enforce its right to utilize such parking through towing or other reasonable measures. Upon substantial completion of the Building, Landlord shall deliver to Tenant a certified statement of the final determination of the Building rentable square footage, which determination shall be made by measuring from the exterior outside wall to exterior of the opposite outside wall without deduction plus the area of the covered balconies and shall serve as the rentable square footage used under this Lease. Rentable square footage shall exclude any uncovered balconies, common area arcades or parking structure. Upon determination of the final Building rentable square footage, the initial Base Monthly Rent payable pursuant to Section 4.A shall be adjusted to the product of (i) the Building rentable square footage and (ii) Two and 55/100 Dollars ($2.55) per rentable square foot. Tenant shall also have access between 8:30 a.m. and 5 p.m. Monday through Friday, normal business holidays excluded, to the fitness center and swimming pool constructed on Lot B. Unless expressly provided otherwise, the term Premises (with as used herein shall include the Tenant Improvements and the Core and Shell Work Substantially Complete(defined in Section 5.B) to constructed by Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to Section 5.B. Tenant acknowledges Landlord’s right to and hereby consents to construction of additional building(s) within the terms of the Work Letter are not Substantially Complete Project or on or before the Estimated Delivery Date for any reason whatsoeveradjacent land owned by Landlord, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, provided however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had construction will not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify result in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure increased obligations of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurhereunder.

Premises. Landlord shall endeavor to tender possession (a) For and in consideration of the Premises (with the Tenant Improvements rent to be paid and the Core and Shell Work Substantially Complete) covenants to be performed by Tenant on or before under this lease, Landlord agrees to lease the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Premises to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverTenant, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed agrees to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of lease the Premises in accordance with Article 9from Landlord, which calculation must be approved by Landlord on the terms and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as conditions set forth in this Lease or lease. Except as expressly set forth in this Lease, “the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); Premises” is described as Space Number Three (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); and Four (4) unavailability on Citizens Dock (“the Dock”) in the County of materialsDel Norte, components State of California, more particularly illustrated in Exhibit “A”, attached hereto and incorporated by this reference and two (2) freezer spaces. Tenant shall have the right to one hoist within each space of the Premises. Tenant shall have the exclusive right to possession of the space taken up on the Dock by the base of Tenant’s hoist, any office space located within the Premises, freezer space as allocated by this Lease, and for temporary storage containers so long as they do not unreasonably impede access through the Premises by vehicles and pedestrians for other harbor related activities. Placement of storage containers outside the boundary shown on Exhibit A is prohibited. As to the remainder of the Premises, for the term of this Lease, Landlord grants Tenant and its employees, agents, customers and invitees, the nonexclusive right, in common with Landlord and all others to whom Landlord has or finishes for Core may grant the right, to use the Common Areas, subject to Tenant's compliance with any rules and Shell Work regulations enacted or modified by Landlord that govern the use of the Common Areas. ''Common Areas'' means the space within the Premises excepting those areas to which Tenant is granted the exclusive right of possession, above. ''Common Areas'' is more fully defined in Article 9, herein. Tenant shall also have the nonexclusive right to use in common with Landlord, other tenants in the harbor and their employees and invitees, Landlord’s common entrances, restrooms, parking lot and similar areas and facilities in the vicinity of the Premises that are not leased to other tenants, subject to Landlord’s regulation of those facilities. Tenant shall not store anything off the Premises on Landlord’s property. (b) All vehicles using the parking lots shall be operable and removed from the harbor’s parking lots and other areas on a daily basis. Vehicles longer than twenty-three feet shall not be allowed in the harbor unless they are conducting transient loading and unloading. For such transient loading and unloading vehicles, any vehicle that exceeds thirty feet in length, including its semi-trailer, is hereafter referred to as a “Truck.” All Trucks that are doing any business with Tenant shall be on the Dock only when they are actively loading or unloading. If the Truck is waiting, it shall be parked in the boat basin parking lot. Trailers shall never be disconnected from the motor truck or truck tractor. Trucks shall back out on Citizen’s Dock. Trucks are prohibited from attempting to U-turn on the Dock. Trucks are prohibited from being left unattended. Additionally, Trucks doing business with the Tenant Improvements that differ are prohibited from Landlord’s standard work or that have an unusually long lead-time for delivery; parking between the “Y” intersection of the Dock and the entrance of the Dock excepting the unloading area below the fuel dock. (5c) a willful or negligent act or omission The rights of Tenant under this Lease are subject to and subordinate to any general obligation, bond, Certificate of Participation, loan or Tenant’s Agents that interferes with the progress other indebtedness of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts now in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant existence or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurhereafter created.

Premises. Landlord shall endeavor leases to tender possession Tenant, and Tenant leases from Landlord, Suite 450 as shown on the location plan attached hereto as Exhibit A, which the parties stipulate and agree consists of approximately 25,001 rentable square feet (the “Premises”), located on the fourth (4th) floor of the building (the “Building”) located at 0000 Xxxxx XxXxx Xxxxxxxxxx, Xxxxxx, Xxxxxx Xxxxxx, Texas 78746, said land also being described as Xxx 0X, Xxxxxx xx Xxx 0, of the Wallingwood Section II, Xxxxxx, Xxxxxx County, Texas (the “Land”). Landlord represents and warrants that the Building and its associated parking garage are the only buildings on the Land. The actual square footage of the Premises shall be confirmed upon the completion of the Work (as defined in Exhibit D to this Lease) by the Architect (as defined in Exhibit D to this Lease) in accordance with published BOMA (ANSI/BOMA Z65.i – 1996) standards and methodology, and such measurement calculation shall be delivered to Landlord for its review and approval prior to the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Commencement Date. If Core the approved calculation of the Premises is not 25,001 rentable square feet, then the parties shall enter into an amendment to this Lease memorializing the actual rentable square footage, and Shell Work all terms of this Lease that are based on square footage shall be adjusted accordingly. The “Project” shall mean the Building, the Land, and all other improvements located on the Land. Subject to Landlord’s maintenance and repair obligations set forth in this Lease, Tenant accepts the Premises in their “AS IS”, “WHERE IS”, “WITH ALL FAULTS” condition as of the date of delivery of possession to Tenant, without any warranty or the Tenant Improvements representation, express or implied, by or on behalf of Landlord as required pursuant to the terms of the Work Letter are not Substantially Complete on condition or before the Estimated Delivery Date for any reason whatsoever, then usability thereof. Except as otherwise set out in this Lease shall not be void or voidableLease, Landlord shall not be liable obligated to Tenant make, pay for, or contribute to the payment for any loss demolition, alteration, addition, repair, replacement or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work improvement in or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order RequestPremises. In addition, Landlord shall endeavor in good faith have no obligation to provide Tenant with at least thirty (30) days prior written notice any leasehold improvement allowance or other allowance except as may be provided in Exhibit D to this Lease. Notwithstanding the foregoing, Landlord shall ensure that all of the date when Landlord believes now existing equipment necessary to provide the Term utilities referenced in Section 5 of this Lease are in good operating condition on the Commencement Date will occurDate.

Premises. Subject to and in accordance with the provisions hereof, Landlord shall endeavor leases to tender possession of Tenant and Tenant leases from Landlord the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant as designated on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Exhibit A. The Rentable Area of the Premises in accordance with Article 9, which calculation must and Building for all purposes shall be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or Section 1(c) and 1(d), respectively, subject to adjustment as provided below. The Rentable Area of the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Premises includes a pro-rata portion of all Common Areas. Tenant Change Order Requests (agrees that, except as defined expressly stated herein and in the Work Letter) , if any, attached to this Lease, no representations or TI warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, Tenant Change Order Requests agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession for the purposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas, as long as the Premises and the Parking Spaces remain reasonably accessible; and to temporarily suspend access to portions of the Common Areas, if Landlord determines, in its sole discretion, that such suspension is necessary to perform its repair or maintenance obligations under this or any other agreement or to comply with any applicable Laws, as long as the Premises and the Parking Spaces remain reasonably accessible. The Rentable Area of the Premises will not be adjusted as a result of variations resulting from initial construction of the Initial Improvements (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or . If the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress Rentable Area of the work; (6) failure of Landlord and Tenant to agree (Premises or Building changes for any reason, provided any Rent calculations based on Rentable Area will be adjusted accordingly effective as of Tenant’s receipt of written notice from Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the adjustment and the reason therefor. Tenant Improvements be modified may object to errors in connection with the Budget; or (7) delays caused adjustment by any revision to the Budget or TI Landlord only if Tenant Change Order Request. notifies Landlord shall endeavor in good faith to provide Tenant with at least writing within thirty (30) days prior written notice thereafter of the date when specific errors made by Landlord. Pending resolution of any such objections by Tenant, Rent must be paid as adjusted by Landlord believes based on the Term Commencement Date change in Rentable Area; and on resolution of Tenant’s objections, an appropriate reduction or increase (without interest or penalty) will occurbe made in the next Monthly Rent Installment due. The Building’s Common Area includes the non-rentable Common Areas on each floor, excluding elements of the building that penetrate through the floor to areas below, and an off-floor factor (areas not of this floor but common to the building, i.e. central plant, mail room, 1st floor lobby.

Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises, subject to the covenants and conditions set forth in this Lease, for the Lease Term commencing on the Lease Commencement Date and expiring on the Expiration Date, unless extended or terminated earlier as otherwise provided in this Lease, as all such terms are hereinafter defined. Tenant shall endeavor be entitled to tender possession of the Premises as of the Lease Commencement Date, and shall yield possession to the Landlord on the Expiration Date, except as otherwise expressly provided herein. For purposes of this Lease, the premises shall consist of a total of approximately 15,197 rentable square feet located on the first (1st) floor (the “Premises”) as more particularly outlined on Exhibit “A” attached hereto and made part of hereof in the building commonly known as Xxxxxx Lake Corporate Center (the “Building”) erected on certain land (the “Land”) located at 000 Xxxxxxxx Xxxxxx, Needham, Massachusetts, together with rights of ingress and egress thereto, and with the right in common with others to use, to the extent applicable, the common passageways, stairways and vestibules, lobbies, hallways, entrances, stairs, and any passageways thereto, toilets, refuse facilities and other areas or facilities within the Building for the general use, convenience and benefit of Tenant Improvements and other tenants and occupants of the Building and the Core common pipes, ducts, vents, laboratory infrastructure, conduits, wires, telephone and Shell Work Substantially Complete) electrical closets, and appurtenant equipment serving the Premises or to Tenant on or before serve the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms Premises upon completion of the Work Letter are not Substantially Complete Initial Improvements or later Alterations; the common walkways, sidewalks, landscaping, driveways and loading docks associated with the Building, and to pass over and park on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction that portion of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved Land owned by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). designated by Landlord on Exhibit “Tenant DelayA” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) for Tenant’s failure to fulfill its obligations parking. Tenant acknowledges and accepts the rentable square feet as set forth in this Lease and Tenant shall not have the right to demand re-measurement or recalculation of the rentable square feet with respect to the Premises or the Work Letter (including any failure Building. Landlord hereby reserves the right to review or approve or disapprove any items in accordance with re-measure the Work Letter); (3) delays caused by Tenant Change Order Requests Building from time to time upon which the rentable square feet as set forth herein and Tenant’s Proportionate Share (as defined in Exhibit D) shall be adjusted accordingly, but in no event shall Fixed Rent or Additional Rent increase from the Work Letter) or TI Tenant Change Order Requests (amounts set forth herein as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurEffective Date.

Premises. (a) Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby hires and takes from Landlord the following: a building consisting of approximately 107,654 square feet of rentable area (the "Building") shown on Exhibit A, located on real property known as 0 Xxxx Xxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxxxxx, as more particularly described in Exhibit B (the "Land"), together with all hallways, corridors, lobbies, lavatories, elevators, stairways, entrances, exits, sidewalks, driveways and the parking areas and all other areas and facilities of the Premises Building and Land appurtenant thereto (with the Tenant Improvements "Appurtenances") and all improvements located thereon. The Building, the Land and the Core and Shell Work Substantially CompleteAppurtenances are hereinafter collectively referred to as the "Premises". This Lease confers no right or obligation (except as otherwise may be expressly set forth in this Lease) either with respect to Tenant on or before subsurface of the Estimated Delivery Date. If Core and Shell Work Land beneath the Building or the air space above the Building, except that Tenant Improvements as required pursuant shall have a license to access the subsurface areas to repair utility lines and for other matters incidental to Tenant's rights and obligations under this Lease. (b) Subject to the rights of Nationwide Mutual Insurance Company, referenced below, Landlord warrants that it and no other person or entity has the right to lease the Premises to Tenant. Except for any express representations of Landlord contained herein and those matters which Landlord has expressly retained liability for under the terms of this Lease, Tenant acknowledges and agrees that it has accepted the Work Letter are Premises in its "As Is, Where Is and with All Defects" condition. Tenant represents that it has not Substantially Complete on relied upon any representations and warranties of Landlord or before its agents except for those representations expressly set forth in this Lease. (i) Landlord has executed a lease dated August 27, 1996, with Nationwide Mutual Insurance Company (Nationwide), as tenant, for approximately 8,625 square feet of rentable area in the Estimated Delivery Date for Building (Nationwide Lease), and Landlord represents to Tenant that a true, accurate and complete copy of the Nationwide Lease, including any reason whatsoeverand all amendments thereto, then is attached and made a part of this Lease as Exhibit G. Landlord shall not be void pay all brokerage commissions or voidablefees arising from the execution of the Nationwide Lease, if any. Tenant will, at its expense, complete the improvements of Nationwide's premises in the Building as required under the Nationwide Lease (Nationwide work). Effective as of the execution date of this Lease, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when have assigned to Tenant all of Landlord's right, title and interest in and to the Nationwide Lease (except to cure any default of Landlord under the Nationwide Lease preceding the assumption of the Nationwide Lease by Tenant) and except for the item listed in the preceding parenthesis, Tenant shall, effective as reasonably determined of the execution date of this Lease, be deemed to have assumed all of Landlord's rights and obligations under the Nationwide, and Tenant will perform and observe all the covenants and conditions therein contained on Landlord's part to be performed and observed, which shall accrue from and after the date of such assumption. without limitation to Tenant's other rights as landlord under the Nationwide Lease, Tenant shall be entitled to collect the rent (fixed minimum rent and additional rent) from Nationwide. Landlord and Tenant shall execute an instrument confirming such assignment and assumption in the form of Exhibit J hereto, promptly following the execution date of this Lease, however such instrument shall not be deemed a pre-condition to the consummation of the assignment and assumption of the Nationwide Lease as the assignment and assumption provisions hereof shall be deemed self-operative. Such instrument of assignment and assumption of the Nationwide Lease shall promptly be recorded of record and if this Lease shall terminate prior to the termination of the Nationwide Lease, then the Nationwide Lease shall automatically be deemed re-assigned to Landlord without the formality of a signed writing of assignment. Tenant agrees, however, that in such event it shall execute a reasonable instrument in recordable form reassigning the Nationwide Lease to Landlord in confirmation of such assignment. Tenant shall indemnify and hold Landlord harmless from and against any breach by Landlord) Substantial Completion Tenant of Core its obligations as landlord under the Nationwide Lease, which indemnity shall survive the termination of this Lease. Tenant further agrees to exercise its rights as landlord thereunder to require Nationwide to comply with Nationwide's obligations thereunder to provide subordination agreements. estoppel certificates, notice and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing opportunity to cure to Landlord and Tenant its lenders and any other matters that may expose Landlord to liability. Landlord shall have, and hereby reserves, the Rentable Area right to cure defaults of Landlord under the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing Nationwide Lease occurring prior to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of date that the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Nationwide Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused is assumed by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure those obligations of Landlord which are not being assigned to Tenant and Tenant Landlord also reserves the right, at its option. to agree (for any reason, provided Landlord acts in good faith enforce the landlord's rights under the Nationwide Lease to the extent such enforcement is necessary to the preservation of Landlord's rights hereunder and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Premises, including Nationwide's obligation to provide subordination agreements and estoppel certificates. Once the Nationwide Lease is assigned to Tenant, Landlord delivers a draft Budget shall have the right to look to Tenant or any request by Tenant that as the scope tenant of the entire Building pursuant to this Lease, and Tenant Improvements be modified shall enforce the Nationwide Lease in connection the manner necessary for Tenant comply with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurthis Lease.

Premises. Landlord shall endeavor to tender possession For and in consideration of the Premises (with the Tenant Improvements covenants and the Core agreements contained herein and Shell Work Substantially Complete) other valuable consideration, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord to have and to hold upon the following terms and conditions, the land, being comprised of approximately 48.08 acres being more particularly described on Exhibit “A” attached hereto (the “Land”), and all of the improvements, buildings, pavement, structures, and fixtures now or before hereafter located thereon, including a warehouse/distribution building containing approximately 707,010 square feet of ground floor (“Building”) area to be constructed by Landlord on the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required Land pursuant to the terms Development Agreement as hereinafter defined, together with all rights, easements and appurtenances pertaining thereto, and all trees, bushes, landscaping and foliage thereon, and having a street address of 0000 XXX Xxxxxxx, XxXxxxxx, Xxxxxx 00000 (collectively, the “Premises”). Tenant hereby accepts the Premises, subject to Landlord’s completion of the Work Letter are improvements (“Landlord Improvements” or “Initial Improvements”), required to be constructed by Landlord pursuant to the Development Agreement by and between Tenant and Landlord of even date herewith (“Development Agreement”), and subject to the Permitted Exceptions described in Exhibit “C” attached hereto (the “Permitted Exceptions”), (including but not Substantially Complete limited to that certain Declaration of Covenants, Conditions and Restrictions for Tahoe-Reno Industrial Center recorded on September 25, 1998, under file No. 83412, Official Records of Storey County, Nevada (the “Declaration”). Landlord shall not amend the Declaration or before Permitted Exceptions without the Estimated Delivery Date for any reason whatsoeverprior consent of the Tenant, then this Lease which shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurunreasonably withheld.

Premises. Landlord shall endeavor (a) Subject to tender possession and upon the terms, provisions and conditions hereinafter set forth, and each in consideration of the Premises duties, covenants and obligations of the other under this Lease, Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, approximately 20,013 square feet of Net Rentable Area (as defined below) on the twelfth (12th) floor (being Suite No. 1200) of the building located at 3355 Xxxx Xxxxxxx, Xxxxxxx, Xxxxxx Xxxxxx, Texas (the "Building"), and situated on that parcel of real property described on Exhibit "A" attached hereto (the "Land"). The Building, together with the Tenant Improvements Land and any additional land used in connection with the Core Building, the parking facilities serving the Building (whether on the Land or within the Building), any additional parking areas serving or used in connection with the Building and Shell Work Substantially Complete) all other improvements situated on the Land or directly benefiting the Building, shall collectively be referred to Tenant on or before herein as the Estimated Delivery Date"Project". If Core and Shell Work or The area leased in the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then Building under this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom is hereinafter called the "Premises" and is shown on the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlordfloor plan(s) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; "B". (2b) In addition to Tenant’s failure 's rights with respect to fulfill its obligations as the Premises and subject to and upon the terms, provisions and conditions set forth in this Lease Lease, Tenant and Tenant's agents, employees, invitees and guests shall also have the non-exclusive right, in common with Landlord and the other tenants in the Project (and such tenants' agents, employees, invitees and guests), to use the common areas within the Project which, from time to time benefit and serve, or are designed to benefit and serve, all tenants of the Project; provided, that Landlord shall have the right, from time to time, to change such common areas within the Project without the consent of Tenant and without providing Tenant with prior notice thereof, so long as such changes do not materially affect Tenant's access to or from the Premises or the Work Letter (including any failure to review or approve or disapprove any items in accordance with parking areas serving the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurBuilding.

Premises. Landlord shall endeavor (a) Licensor hereby grants to tender possession Licensee the following rights (collectively, the “License”): (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”, including one or more antennas at a centerline height of 310 feet above ground level on the Tower, which is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), and (ii) a limited non-exclusive license to install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a eight (8) square foot portion of the Property identified as the operations site on Exhibit “B” attached hereto (the space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the “Premises”. (b) Licensor also grants Licensee, in common with other Permittees entitled to use the same, a non-exclusive reasonable rights of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and any Renewal Term (as hereinafter defined) for the purpose of installing and maintaining the equipment (as hereinafter defined). The access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Premises, as well as other provision contained in the Agreement. (c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and agrees that is has visited and inspected the Premises and hereby accepts the physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the condition or suitability of the Premises, including Tower or as to any engineering or other operational data. Licensee is solely responsible for determining all aspects as the suitability, acceptability, accuracy and adequacy of the Premises for Licensee’s intended use. (d) Licensor shall have the right, with no less that thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the Tenant Improvements and Premises to another area within the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverProperty, then this Lease shall not be void or voidableat Licensee’s sole cash expense, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if that the satisfaction of area to which the requirements for Substantial Completion of Core and Shell Work Premises are relocated, wheter in the building or on the Tenant Improvements have been delayed by any Tenant DelayTower, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core substantially similar in size and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect functionality to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Premises. (a) As of the Commencement Date, Tenant is a corporation spun off from BD and Tenant occupies certain space within the building (the “Building”) located on the real property having an address at [* * *] Holdrege, NE (the “Property”), which Property is depicted on the site plan set forth on Exhibit B. The space occupied by Tenant within the Building on the Commencement Date is shown on Exhibit A. Landlord and Tenant desire that certain alterations and improvements to space within the Building be made to achieve the separation of the operations of Tenant from the operations of Landlord (“Separation Work”) and at the end of such Separation Work, the premises within the Building demised to Tenant under this Lease shall be as depicted on Exhibit B. On the Commencement Date, the premises demised to Tenant under this Lease shall be the space within the Building that is now currently occupied by Tenant, together with the non-exclusive right to use the driveways, parking areas and Common Areas (defined below) on the Property. In the performance of the Separation Work within the Building, Landlord shall endeavor take into consideration Tenant’s use of and operations in the Premises and use all commercially reasonable efforts to tender possession minimize disruption to Tenant’s operations. Tenant agrees to cooperate in good faith with Landlord in achieving the Separation Work. Landlord and Tenant shall designate in writing the name of their respective representatives for the purposes of communications regarding the Separation Work. For purposes hereof, the term “Premises” shall mean, as applicable, the initial space occupied by Tenant in the Building and the final space depicted on Exhibit B to be occupied by Tenant after completion of the Separation Work. (b) Landlord and Tenant shall cooperate in good faith with each other to complete the Separation Work, including Landlord and Tenant engaging in regular cadence of meetings and Landlord ensuring Tenant is promptly apprised of any significant developments as soon as reasonably possible (collectively, the “Separation Work Communications”). In furtherance of the foregoing mutually cooperation, Landlord may make changes to the Separation Work that (i) do not materially impair Tenant’s use of the Premises for the Permitted Purpose, (with ii) do not materially alter the Tenant Improvements plans set forth on Exhibit B, including, but not limited to, customary “field” changes, (iii) are required by any governmental authority, and the Core and Shell Work Substantially Complete(iv) are required to Tenant on or before the Estimated Delivery Dateaddress an unforeseen circumstance arising during construction (collectively, “Landlord Permitted Changes”). If Core and Shell Work or the Tenant Improvements as required pursuant Landlord desires to make any change to the terms of the Separation Work Letter are which does not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverconstitute a Landlord Permitted Change, then this Lease Landlord shall obtain Tenant’s written consent to such change; provided that Tenant’s consent to such change shall not be void unreasonably withheld, conditioned or voidabledelayed. Tenant shall be deemed to have granted its consent to any such change if Tenant fails to deliver, within five (5) Business Days following receipt of Landlord’s notice of the proposed change, a written notice to Landlord shall objecting in reasonable detail the specific elements of the proposed change that Tenant asserts (y) do not be liable to Tenant for any loss or damage resulting therefrom constitute a Landlord Permitted Change and (z) are objectionable and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; reasons why, provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify requests in writing within the initial five (5) Business Day period, Tenant may have an additional five (5) Business Days to provide Landlord and Tenant such written response. As used in this Lease, the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). term “Tenant DelayBusiness Day” shall mean any delay in the commencement day other than a Saturday, Sunday, or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurfederal holiday.

Premises. 2.1 Tenant hereby leases from Landlord, and Landlord hereby leases to Tenant, the Premises for the Lease Term and upon the conditions and covenants set forth in this Lease. Tenant will have the non-exclusive right to use, at no additional charge to Tenant except as set forth in Article V of the Lease, the common and public areas of the Building for ingress and egress to the Premises and to use the roof terrace, which if constructed by Tenant at Tenant’s sole cost and expense pursuant the requirements set forth in Article IX hereof and in Exhibit B attached hereto, shall be made available to Tenant for its exclusive use after the Lease Commencement Date (as hereinafter defined), subject to Landlord’s access to such roof terrace at all times for inspection, maintenance, repair and the like, provided further that such exclusive use will be to the exclusion of other tenants in the Building (and Landlord except as otherwise provided herein) so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Building. With respect to Landlord’s entry on the roof terrace, except in the event of an emergency, Landlord shall endeavor to tender possession give Tenant advance notice of the Premises (with the Tenant Improvements any such entry and the Core and Shell Work Substantially Complete) use commercially reasonable efforts to Tenant on or before the Estimated Delivery Dateminimize disruption to Tenant’s use of such roof terrace during such entry. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable maintain the roof terrace, and Tenant shall reimburse Landlord for the entire cost of such maintenance from time to Tenant for any loss or damage resulting therefrom time (and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursin no event later than thirty (30) days after written invoice) as additional rent hereunder; provided, however, if the satisfaction such use of the requirements for Substantial Completion roof terrace by Tenant becomes non-exclusive due to Tenant’s failure to meet the foregoing square footage requirement, then the cost of Core such maintenance by Landlord will be an Operating Expense (hereinafter defined) and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed subject to occur when (as reasonably determined by Landlord) Substantial Completion the terms of Core and Shell Work and Article V of this Lease. In addition, the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area use of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant roof terrace (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items if constructed in accordance with the Work Letter attached hereto terms of this Lease) will be subject to reasonable written rules and regulations promulgated by Landlord and delivered to Tenant from time to time, so long as Exhibit G; (2) such rules and regulations do not materially adversely affect Tenant’s failure right to fulfill its obligations as set forth in this Lease or use such roof terrace. If the Work Letter (including any failure to review or approve or disapprove any items roof terrace is constructed by Tenant in accordance with the Work Letter); (3) delays caused terms of this Lease and such roof terrace is in substantially in the eastern portion of the Massachusetts Ave. wing of the Building, then from and after such construction by Tenant Change Order Requests and thereafter so long as Tenant or a Permitted Transferee (as defined and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Work LetterBuilding, Landlord shall use reasonable efforts to locate any additional signs or equipment on the roof in a manner that minimizes interference with the use of such roof terrace, provided that it in no event will Landlord be obligated to (i) expend any material additional amounts in connection with such efforts or TI (ii) relocate any signs or equipment on the roof of the Building as of the date Tenant Change Order Requests commences construction of the rooftop terrace in accordance with the terms of this Lease. Except as may otherwise be expressly provided in this Lease, the lease of the Premises does not include the right to use the roof (except as defined otherwise expressly provided in this Section 2.1 and Article XXVI of this Lease), mechanical rooms, electrical closets, janitorial closets, telephone rooms, or other non-common or non-public areas of the Building which are not included within the Premises. Tenant accepts the Premises “as is”, except for any improvements to be performed by Landlord pursuant to the Work Letter); (4) unavailability of materialsAgreement, components or finishes for Core and Shell Work or the attached as Exhibit B. Tenant Improvements acknowledges that differ from neither Landlord nor Landlord’s standard work agent(s) have made any representations, expressed or that have an unusually long lead-time implied, about the suitability of the Premises for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with intended use, except for general office use. It shall be Tenant’s sole responsibility, at Tenant’s sole time and expense, to obtain the progress of the work; (6) failure of necessary business licenses and occupancy permit for its Premises. Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice as of the date of this Lease, the number of rentable square feet (i) in the Premises are the amounts set forth in Section 1.2 above, and (ii) in the Storage Space is 1,000, and such amounts are not subject to remeasurement absent a change in the configuration of space in the Building impacting the Premises or Storage Space. 2.2 Unless otherwise allowed for and addressed in this Lease, Tenant may not enter or occupy the Premises until the Premises are tendered by Landlord. Because Tenant is performing the tenant improvement work (including the demolition work), Landlord shall use commercially reasonable efforts to deliver the Premises, on a floor-by-floor basis as soon as reasonably possible after a floor (or part of floor to the extent that less than an entire floor is part of the Premises) is vacated by an existing tenant. Any entry upon the Premises by Tenant before the Premises are tendered by Landlord shall only be with Landlord’s written consent and/or when accompanied by a representative of Landlord believes or Landlord’s representative (unless otherwise allowed for and addressed in this Lease). Said entry shall be subject to all of the Term terms of this Lease, but no such permitted entry shall change the Lease Commencement Date will occuror the expiration date of the Lease Term.

Premises. Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, upon the terms and conditions herein set forth, the Premises described in Section l(b) hereof as shown on the Plans referenced in Exhibit A-1 attached hereto and incorporated herein. In addition, Tenant shall also have the aforementioned parking rights and rights of ingress and egress over common areas in the Building and the land ("Land") more particularly described on Exhibit A attached hereto, together with the right to use the large green "Commons" area in the center of the campus of which the Land is a part. All of Tenant's rights in and over the Land and the Commons shall be subject to the provisions of that certain Reciprocal Easement Agreement dated of approximately even date herewith ("REA"), a copy of which Tenant acknowledges having had the opportunity to review. Landlord does not own the Building and Land but leases them pursuant to that certain Tower, and Adjacent Property Lease dated August 26, 1998 (the "Ground Lease") between Pacific Hospital Preservation and Development Authority, a Washington public authority ("PMC") as landlord and Landlord as tenant. This lease is therefore actually a sublease and subject and subordinate to all of the terms and conditions of the Ground Lease. For convenience, this sublease is referred to herein as this "Lease." Notwithstanding the foregoing, nothing in the Ground Lease shall modify or excuse Landlord's obligations to Tenant under this Lease. Landlord shall endeavor cause to tender possession be executed, concurrent with full execution of this Lease, an agreement by PMC acknowledging that this Lease is in compliance with all requirements of the Premises (with Ground Lease, and agreeing that, in the Tenant Improvements and event the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date Ground Lease is terminated for any reason whatsoeverreason, then this Lease shall not be void or voidablebecome a direct lease between Tenant and PMC without further action by either party, Landlord and provided only that PMC shall not be liable for (i) any claims against the Landlord under this Lease accruing prior to the date this Lease becomes a direct lease between Tenant for and PMC, or (ii) any loss initial construction or damage resulting therefrom allowance obligations under this Lease. "Net rentable square feet", "rentable area", and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work similar terms used herein when applied to future calculations or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” adjustments shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests ("Rentable Area" as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long leadBOMA American National Standard Z6.1-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur1996.

Premises. Landlord shall endeavor 1. The Premises is to tender possession be approximately 35,000 square feet located on the first, second and third floor of the Rail Station Building, which includes hold rooms, ticket counters and back office, approximately 3,000 square feet on the first, second and third floor for baggage operations, and approximately 83,500 square feet of Platform on the second floor, all of which is more specifically depicted on Exhibit “B.” 2. As of the Effective Date, the Premises depicted on Exhibit “B” is conceptual. Upon completion of the design for the Rail Station Building (with which shall be accomplished by the Tenant Improvements parties working together in good faith acting reasonably and as contemplated in Section 5.01 below), the Core and Shell Work Substantially Complete) parties agree to Tenant on or before substitute a revised Exhibit “B” to depict the Estimated Delivery DatePremises that will be constructed. If Core and Shell Work or the Tenant Improvements as required pursuant Any changes to the terms of Premises, except as set forth herein, shall be evidenced by an amendment to this Agreement. 3. The Authority hereby leases and demises to Rail Company and Rail Company agrees to lease and accept from the Work Letter are not Substantially Complete on or before Authority, the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Premises. Upon Substantial Completion of Core the Rail Station Building, Rail Company shall accept the Premises “as is”, generally in the same condition in which such space or any part thereof will be provided, however, the Authority shall assign any warranties on the construction, materials, equipment and Shell Work other personal property incorporated into the Rail Station Building which are applicable thereto or shall cooperate with Rail Company in order to make claims as necessary under any such warranties. Rail Company agrees that the Authority shall have no obligation to do any work on, or make any improvements to or with respect to the Premises or the condition thereof, unless otherwise specifically agreed to by the Authority. 4. The Authority may, in its reasonable discretion, (i) make changes in the Airport boundaries, the categories of space (e.g. Public Space to rentable space) or the configuration or amount of space (but not the Premises unless agreed to by Rail Company), and (ii) identify new, destroyed, demolished, untenable, decommissioned or re-commissioned facilities or space. In any such event, or upon any change in Premises made hereunder or to the Tenant Improvements occurspremises leased by any other party, the Authority may amend Exhibits “A” and/or “B”, as appropriate, and, upon notice to Rail Company, such amended Exhibit shall replace any previous corresponding exhibits and shall become a part of this Agreement; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed that Rail Company’s Rail Transportation Business shall not be adversely affected in any material respect by any Tenant Delay, Substantial Completion of Core and Shell Work such changes. 5. Rail Company and the Tenant Improvements shall be deemed Authority agree that it is important to occur when (as reasonably determined by Landlord) Substantial Completion maximize the efficiency of Core space leased and Shell Work used in the Rail Station Building, while also adhering to reasonable standards and levels of customer service for the traveling public. Throughout the Term of this Agreement, Rail Company and the Tenant Improvements would have occurred if such Tenant Delay had not occurredAuthority will continue to monitor and evaluate operations in an effort to achieve a reasonable balance between efficient railroad operations and level of customer service for the traveling public. Within thirty Should the Authority notify Rail Company of its concern with regards to potential customer service issues, Rail Company agrees to discuss with the Authority, and take reasonable action to address and alleviate, the customer service issues. The Authority acknowledges and agrees that on or before Rail Company commences its Rail Transportation Business, it shall cause (30i) days after Substantial Completion of Core rental car facilities to be open and Shell Work and operating on the Tenant ImprovementsAirport, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or ii) completion of the Core APM, and Shell Work (iii) all access roads in order for the Rail Station Building to have legal ingress and egress to have been completed. 6. Rail Company may satisfy temporary or seasonal needs for additional space within the TI Work that results from Rail Station Building (i.e. a change in demand for space expected to be temporary caused by unusual or arises out special circumstances) through the use of a Space/Use Agreement. Rental rates payable by Rail Company under the Space/Use Agreement for additional space within the Rail Station Building shall be at the per square foot rent herein effect under this Agreement. At any time during the term of any of Space/Use Agreement, Rail Company may request that the following: (1) delays or failure of Tenant space leased thereunder be added to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or Agreement. The Authority may approve or disapprove any items deny this request in accordance with its reasonable discretion. If the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Rail Company requests additional space outside the Rail Station it shall be handled in the Work Letter) or TI Tenant Change Order Requests (as defined in same manner with applicable rent to be agreed upon between the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurparties.

Premises. Landlord hereby leases to Tenant, and Tenant hires from Landlord that certain building (the “Building”) situated in the City of San Xxxx, County of Santa Xxxxx, State of California, commonly known and designated as 0000 X. Xxxxx Xxxxxx (the “Premises”). For purposes of this Lease, the Building is deemed to contain One Hundred Ten Thousand Eight Hundred Eighty One (110,881) rentable square feet and is located generally as shown on Exhibit “A” attached hereto. Subject to compliance with the rules and regulations promulgated by Landlord from time to time for the Project (if any), Tenant shall endeavor be permitted to tender possession have access to the entire Premises 24 hours per day, 7 days a week unless such access is prohibited, limited or restricted by any governmental law, ordinance, rule or regulation, damage or destruction or condemnation or due to an emergency. Tenant shall also have the right to use Tenant’s Allocable Share of parking spaces within the Project (defined below) on a nonexclusive basis with other tenants and users of the Premises Project, and the nonexclusive right to use all other exterior areas designated by Landlord from time to time as common area (“Common Area”) including but not limited to landscaping, sidewalks, service areas and other common facilities. Landlord agrees not to grant parking rights in the Project to any tenants or users of other properties owned by Landlord outside of the Project, it being agree that Project parking shall be solely for the benefit of the Project, subject however to use by Landlord and Landlord’s agents, employees, contractors, consultants and other representatives in the exercise of Landlord’s rights or performance of Landlord’s obligations under this Lease. Tenant’s Allocable Share of parking spaces under this Lease as of the Effective Date is three hundred sixty three (363). The Building and Common Area are situated within a project site shared with 1 additional building owned by Landlord commonly known as 0000 X. Xxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx (the “Adjacent Building”), as outlined in Exhibit “A” attached hereto (“Project”). The Adjacent Building is leased by Tenant, as successor in interest by merger to Cavium Networks, Inc., a Delaware corporation (“Cavium Networks”), pursuant to that certain lease dated as of March 17, 2011 between Landlord and Cavium Networks (the “Adjacent Building Lease”). Concurrently with the execution and delivery of this Lease, Tenant Improvements shall execute and the Core and Shell Work Substantially Complete) deliver to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Landlord an amendment to the terms of Adjacent Building Lease in the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable form agreed to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approvalthe “Adjacent Building Lease Amendment”). “Tenant Delay” shall mean any delay Notwithstanding the Effective Date inserted in the commencement or completion introductory paragraph of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or above, this Lease shall not become effective until this Lease and the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused Adjacent Building Lease Amendment have been fully executed by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurTenant.

Premises. Landlord Except for dumpsters, neither trash nor any other material or thing shall endeavor to tender possession of be stored outside the Premises and storage in, or use of, above-ground storage tanks is prohibited. Tenant may maintain storage trailers and other similar storage facilities (excluding tanks) on the Premises provided such facilities comply with all applicable laws. In the event the Tenant Improvements and the Core and Shell Work Substantially Complete) fails to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the comply with any terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within paragraph within thirty (30) days after Substantial Completion written notice of Core said violation(s), then Landlord shall, following telephonic notice to Tenant, undertake such steps which are necessary to rectify the violation(s) with Tenant being liable for all cost thereof, including any penalty or fine(s) associated with said violation(s) and Shell Work any expenses incurred by Landlord to enforce this provision, whether court costs, attorneys' fees or any other cost of collection and enforcement. Tenant shall not be responsible for correcting conditions on the Tenant ImprovementsPremises necessary to comply with the Americans With Disabilities Act ("ADA") or laws relating to health, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant safety or the Rentable Area environment if such conditions existed as of the Commencement Date of the Lease and were then not in compliance with ADA or laws relating to health, safety or the environment; rather, Landlord shall correct such conditions and be obligated to bring the Premises into compliance with such laws at its sole cost and expense. If the conditions did not exist as of the Commencement Date of the Lease or did exist, but were then in accordance compliance with Article 9laws relating to health, which calculation must safety or the environment (excluding ADA), Landlord shall nevertheless correct such conditions and be approved obligated to bring the Premises into compliance with such laws at its sole cost and expense, but may treat such expenses as "Operating Expenses," to be passed through to Tenant, provided however, that the cost of correction of such conditions shall be amortized over the useful life thereof, together with interest at the actual interest rate incurred by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused such cost of correction, and only that portion attributable to any one Lease year shall be chargeable to Tenant as an Operating Expense in that Lease year, and payable by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least within thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurreceiving an invoice therefor.

Premises. Landlord shall endeavor 3.1 Lessor hereby leases to tender possession Tenant, and Tenant hereby rents from Lessor, the Premises as defined in Section 2.3, including all Improvements, as herein defined, and together with all appurtenances, including use with others of the Common Areas, as hereinafter defined, to have and to hold unto Tenant for and during the term hereinafter set forth. 3.2 Lessor reserves the sole and exclusive right, from time to time, to change the Shopping Center/Business Park in any way it may desire, including, but not limited to, construction of additions, removal of building or parts of building and alteration of Common Areas. 3.3 Lessor reserves the sole and exclusive right to use all or any part of the roof of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) for any purpose; to Tenant on erect additional stories or before the Estimated Delivery Date. If Core and Shell Work other structures over all or the Tenant Improvements as required pursuant to the terms any part of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable Premises; to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified erect in connection with the Budget; or (7) delays caused by any revision construction thereof temporary scaffolds and other aids to construction on the exterior of the Premises, provided that access to the Budget or TI Tenant Change Order Request. Landlord premises shall endeavor in good faith not be denied; to provide Tenant with at least thirty (30) days prior written notice install, maintain, use repair and repair within the Premises pipes, ducts, conduits, wires and all other mechanical equipment servicing other parts of the Shopping Center/Business Park, the same to be in locations within the Premises as will not deny Tenant’s use thereof; and to make any use it desires of the side or rear walls of the Premises, provided that such use shall not encroach on the interior of the Premises. 3.4 The Premises have been inspected by Tenant, and Tenant agrees to accept the same in their present “as is” condition, with the exceptions noted in Section 3.6 below, and in the condition in which the Premises may be on the commencement date when Landlord believes of this Lease, with the Term Commencement Date understanding that the Premises will occurbe subject to ordinary wear and tear from the date hereof until commencement of the term.

Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord shall endeavor otherwise agrees in writing, all alterations, additions or improvements affixed to tender possession of the Premises (excluding trade fixtures, personal property and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant, require Tenant Improvements to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions and the Core like installed either by Tenant or by Landlord at Tenant's request, and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required any "Non-Standard Improvements" installed by Landlord pursuant to the terms Work Letter, and to repair any damage to the Premises arising from that removal. Any notice to Tenant pursuant to the foregoing shall be given by Landlord concurrently with its consent (following Tenant's request for such consent) for all or any alterations, decorations, fixtures or additions and the like, and concurrently with Landlord's consent (following Tenant's request for such consent) for any Non-Standard Improvements installed by Landlord pursuant to the Work Letter. If such consent for such alterations, decorations, fixtures, additions or Non-Standard Improvements is either not requested by Tenant or given by Landlord, then any such notice of removal may be given at any time prior to sixty (60) days following the expiration or earlier termination of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then Term of this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (Lease. Except as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth otherwise provided in this Lease or the Work Letter (including in any failure Exhibit to review this Lease, should Landlord make any alteration or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect improvement to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Premises for Tenant, Landlord shall endeavor in good faith be entitled to provide prompt reimbursement from Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurfor all costs incurred.

Premises. (a) Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the provisions of this Lease, certain premises as more fully described in Section 3.1 below (“Premises”) located within that certain building (“Building”) owned by Landlord and which is a portion of the “Project” identified in Section 1.1(g). The Site Plan for the Project attached hereto as Exhibit A is attached for location reference purposes only and shall endeavor not constitute a representation or warranty by Landlord to tender possession be the final plan of the Project, or to require Landlord to build any improvements, or to otherwise comply with the site plan or require Landlord to lease space to a particular tenant or type of tenant. (b) The rentable areas of the Premises (and of the Building specified in Section 1.1 are approximate. Landlord and Tenant are satisfied with such approximations and with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms measurement of the Work Letter are not Substantially Complete on or before rentable areas of the Estimated Delivery Date for any reason whatsoever, then this Lease Building and such measurements shall not be void changed during the term of this Lease, as may be extended. Tenant acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent, property manager or voidablebroker of Landlord has made any representation or warranty with respect to the Building or the Common Areas or their suitability for the conduct of Tenant’s business, Landlord shall not be liable to Tenant and that except only for any loss or damage resulting therefrom improvements that Landlord has expressly agreed herein to construct and install, the Term Commencement Date shall not occur until Substantial Completion Premises is leased in its “As-Is” condition existing at the time of Core and Shell Work and the Tenant Improvements occursexecution of this Lease; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements provided that nothing contained herein shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, diminish Landlord’s architect shall calculate repair and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its maintenance obligations as expressly set forth in this Lease. (c) Landlord represents and warrants that: (i) the Building, when built, was built in compliance with all applicable laws, (ii) Landlord has not received written notice from any governmental agency that the Building is not in compliance with any applicable law for which such non-compliance has not been cured, and (iii) Tenant’s use of the Premises for the permitted use allowed by this Lease or will not constitute a violation of the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests CC&Rs (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letterbelow); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Premises. (a) Landlord shall endeavor does hereby demise, lease and let unto Tenant and Tenant does hereby take and lease from Landlord the Property, the Infrastructure Improvements (as defined in the LDA), and all easements, rights, privileges, licenses, covenants and other matters that benefit or burden the Property, including, without limitation, an easement on Olympia Drive. The Property, the easement on Olympia Drive, all other easements and appurtenances referred to tender possession above, the Infrastructure Improvements, the Initial Improvements (defined in Section 5.2), and all other improvements now or hereafter constructed on the Property are hereinafter referred to collectively as the “Premises.” Notwithstanding anything to the contrary contained in this Lease, the use of that portion of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on designated Parcel 2 as defined above, containing 7.21 acres more or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverless, then this Lease shall not be void change from its previous use as open space, passive outdoor recreation or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and conservation land during the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9term hereof, which calculation must be approved by Landlord shall include the stormwater management system, including any fencing, berm and Tenant other features related thereto as permitted in Section 6.1 below. (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1b) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations Except as set forth in this Lease or Lease, Landlord shall be responsible for: (i) the Work Letter maintenance of Olympia Drive, its sidewalks and right of way (including any failure to review or approve or disapprove any items collectively “Olympia Drive”) in accordance with the Work Letter)same manner in which Landlord maintains other public ways, and for so long as Olympia Drive is a public way; (3ii) delays caused by Tenant Change Order Requests (clearing brush, limbs and other obstructions from the Nature Paths as defined in Section 1A above; in no event shall Landlord be required to remove snow or ice from the Work LetterNature Paths; and (iii) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress maintenance of the work; (6) failure trailhead parking area on Parcel 1 shown as the “Existing Gravel Parking Area” at the western edge of Landlord the Property and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect the western terminus of the path shown on the Site Layout sheet of the Approved Plans as leading from the trailhead parking area to the Budget) on immediate crosswalk (the “Trailhead Parking Area”). Tenant shall be responsible for the maintenance of Parcel 2 (except that Landlord shall be responsible for clearing brush, limbs and other obstructions from the Nature Paths thereon), it being acknowledged that Parcel 2 is largely a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget natural area to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision used for open space, conservation, and/or passive recreation, subject to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice provisions of the date when Landlord believes the Term Commencement Date will occurSection 7.1 herein.

Premises. Landlord Pursuant to the Master Lease specified below, Manager shall endeavor provide adequate GROUP administrative office space at the addresses described therein (the “Premises”) and facilities for the operation of the IPA with leasehold improvements, auxiliary services and utilities in order that GROUP may effectively perform its functions and duties. In consideration of the sums to tender possession be paid to Manager under the terms of this Agreement, Manager hereby leases to GROUP during the term of this Agreement the facilities and leasehold improvements at the Premises and the furniture, fixtures and equipment (the “FF&E”) listed on Exhibit “B” attached hereto and incorporated herein by this reference, under the following terms and conditions: 1.1 Manager is the lessee, or will become lessee, under certain leases for the Premises (with hereinafter collectively referred to as the Tenant Improvements and the Core and Shell Work Substantially Complete“Master Lease”) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms copies of the Work Letter which are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in “A” and incorporated herein by this Lease or reference. GROUP hereby acknowledges that the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Premises described in the Work Letter) or TI Tenant Change Order Requests (as defined in Master Lease are suitable for the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress administrative office of the work; (6) failure IPA. Based and contingent upon GROUP’s promise to timely pay all amounts due under this Agreement, Manager hereby agrees to sublease the leased Premises to GROUP upon the following terms and conditions: 1.1.1 This sublease between Manager and GROUP of Landlord the Premises shall be subject to all of the terms and Tenant to agree (conditions of the Master Lease. In the event of the termination of Manager’s interest as lessee under the Master Lease for any reason, provided Landlord acts in good faith then the sublease created hereby shall simultaneously terminate unless GROUP is willing to assume the obligations under the Master Lease and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope Lessor consents thereto. 1.1.2 All of the Tenant Improvements terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of the sublease (with each reference therein to “Lessor” and “Lessee,” to be modified in connection deemed to refer to Manager and GROUP, respectively) and, along with the Budget; provisions of this Section 1.1 and Exhibit “A,” shall be the complete terms and conditions of the sublease created hereby. 1.1.3 Notwithstanding the foregoing, as between Manager and GROUP, Manager shall remain responsible for meeting the obligations of “Lessee” under the sections entitled Rent, Additional Rent Adjustment, Insurance on Fixtures, Liability Insurance, Repairs, and Taxes of the Master Lease, and GROUP shall have no monetary obligation in that regard. In addition, as between Manager and GROUP, Manager shall retain all rights to exercise any options to purchase the Premises, or (7) delays caused by any revision other similar rights of ownership or possession, which may be granted under the Master Lease, and GROUP shall have no rights in that regard. 1.1.4 In the event this Agreement is terminated according to its terms, this sublease shall also terminate automatically. 1.1.5 If the Budget or TI Tenant Change Order Request. Landlord Master Lease contains an option to renew the term thereof, Manager shall endeavor in good faith to provide Tenant with notify GROUP, at least thirty (30) days prior written notice to the expiration of the date when time for exercising such option, of Manager’s intention to renew or not to renew such term. If Manager determines not to renew such term, Manager shall, at GROUP’s option and upon the consent of the Landlord believes in accordance with the Term Commencement Date will occurterms of the Master Lease, assign the Master Lease to GROUP, including Manager’s right to renew the term thereof.

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements Upon and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant subject to the terms and conditions herein set forth, Landlord leases to Tenant and Tenant leases from Landlord all of the Work Letter following (collectively, the "Leased Property"). (a) those certain tracts, pieces and parcels of land as more particularly described in Exhibit B, attached hereto and made a part hereof (collectively, the "Land"); (b) all buildings, structures, Fixtures and other improvements of every kind, including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and off-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land and Capital Additions financed by Landlord (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures and other items of property, now or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and airconditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which, to the greatest extent permitted by law, are not Substantially Complete hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property used or useful in Tenant's business on or before in the Estimated Delivery Date for any reason whatsoeverLeased Improvements, then this Lease shall not be void and located on or voidablein the Leased Improvements on the Commencement Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, howeverexcept items, if any, included within the satisfaction category of Fixtures, but specifically excluding all items included within the requirements for Substantial Completion category of Core and Shell Work or Tenant's Personal Property (collectively the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion "Leased Personal Property"); and (f) all existing leases of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter space (including any failure to review or approve or disapprove any items in accordance with the Work Lettersecurity deposits held pursuant thereto); (3) delays caused by Tenant Change Order Requests (as defined , if any, in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Leased Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurtenants thereof.