Common use of Premises Clause in Contracts

Premises. The Premises consists of the Building to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDA.

Premises. Lessor hereby leases to 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 consists of the Building to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of are a portion of the land currently leased by Sublessor pursuant Lessor's Building #104 herein referred to as 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 "Building." The Premises, the Building and the Common Facilities) (Areas, along with all other buildings and improvements, are herein collectively referred to as 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 "Presto Facility." If 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 time during any term 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 renewal term 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 Lease, Lessor receives and is otherwise necessary willing to construct the Building and Common Facilities) (ii) accept a bona fide offer from a third party to amend the 200 Ground Lease to include lease that portion of Lessors building which is adjacent to the Lot not presently leased Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Sublessor under Lessee a notice of its intent to lease the 200 Ground Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, (iii) to cause the PDA to enter into but at 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 rate as soon as reasonably practicable. The terms of such amendment acceptable to the Ground Lease (proposed third party tenant. If, however, the “Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises Ground Lease Amendment”) shall provide for described herein. In that case, the addition lease of that portion of Future Expansion Premises shall be at the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on same rental and governed by the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilitiesas outlined in this Lease Agreement. 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 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 delay in the permitting or construction of the Premises in accordance with the 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 foregoingIn either case, the forms, terms and conditions of parties hereto shall enter into an amendment to this Lease Agreement describing the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not additional space to be unreasonably withheld, conditioned or delayed. Upon execution leased and the term 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 the PDAthat rental.

Premises. The Premises consists In consideration of the Building obligation of Tenant to be constructed by pay Rent (as hereinafter defined) as herein provided and in consideration of the Sublessor in accordance with the terms hereof together with the rightother terms, appurtenant thereto 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 exclusive use provisions of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land this Lease, approximately 1,620 square feet of rentable area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 reflected on the conceptual site plan floor plans attached hereto as Exhibit A. The parties agree that "B" and incorporated herein for all purposes (such space so leased to Tenant is herein called the final location"Premises") located in the building known as "Commerce Green Office Park, configuration 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 area of more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the Building, Common Facilities the Land, and Lot shall be 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 approval the provisions of Sublessor this Lease. Landlord reserves the right, without incurring any liability to Tenant and Sublessee without altering 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 Premisesany way Tenant’s obligations under this Lease, 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 change the developer and lessee tenant mix 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) Project without prior notice, (ii) to amend the 200 Ground Lease to include that portion develop certain areas of the Lot not presently leased to Sublessor under Land as separate parcels and remove or exclude them, from the 200 Ground LeaseProject, in Landlord’s sole discretion, and (iii) to cause increase, reduce or change 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 amendmentsize, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion height or layout of the Lot not presently leased Project or any part thereof, and the right to Sublessor under change the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 parking plan, tenant mix and/or parking ratios or otherwise to construct the Building new buildings and Common Facilities in order to allow Sublessor to construct structures in the futurecommon areas and to remove and replace existing buildings, additional buildings tenants and improvements (subject to structures in 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 Project, provided in any delay in the permitting or construction such case that Tenant’s cost, use and enjoyment of the Premises in accordance with the terms hereof. Sublessor agrees that it shall is 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, 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 the PDAmaterially adversely affected.

Premises. The Premises consists Landlord shall endeavor to tender possession of the Building to be constructed by the Sublessor in accordance Premises (with the 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 Tenant Improvements and the land area appurtenant thereto comprising approximately five (5Core and Shell Work Substantially Complete) acres, which land area shall consist of a portion of to Tenant on or before the land currently leased by Sublessor Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the 200 Ground Lease (defined below) and a portion terms of the land area designated as 160 International Drive (Work Letter are not Substantially Complete on or such portion thereof as is necessary before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to construct Tenant for any loss or damage resulting therefrom and the Building Term Commencement Date shall not occur until Substantial Completion of Core and Common Facilities) (Shell Work and the “Lot”)Tenant Improvements occurs; provided, however, if 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 satisfaction of the Buildingrequirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Common Facilities Substantial Completion of Core and Lot Shell Work and the Tenant Improvements shall be subject deemed 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 occur when (as currently 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 effect, writing to Landlord and Tenant 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction 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 terms hereof. Sublessor agrees commencement or completion of the Core and Shell Work or the TI Work that it shall not commence construction results from or development arises out of any additional buildings of the following: (1) delays or improvements 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 the premises demised a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Sublessor (Tenant or any affiliate thereofrequest by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) under or pursuant delays caused by any revision to the Ground Lease until the Delivery DateBudget or TI Tenant Change Order Request. Subject Landlord shall endeavor in good faith to the foregoing, the forms, terms and conditions provide Tenant with at least thirty (30) days prior written notice of the Premises Ground Lease Amendment shall be subject to date when Landlord believes 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 the PDATerm Commencement Date will occur.

Premises. The Premises consists Pursuant to the Master Lease specified below, Manager shall 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 Building 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 be constructed 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 Sublessor following terms and conditions: 1.1. Manager is the lessee under certain leases for the Premises (hereinafter collectively referred to as the “Master Lease”) copies of which are attached hereto as Exhibit “A” and incorporated herein by this reference. GROUP hereby acknowledges that the Premises described in the Master Lease are suitable for the administrative office of the 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 the Premises shall be subject to all of the terms and conditions of the Master Lease. In the event of the termination of Manager’s interest as lessee under the Master Lease for any reason, then the sublease created hereby shall simultaneously terminate unless GROUP is willing to assume the obligations under the Master Lease and the Lessor consents thereto. 1.1.2. All of the 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 deemed to refer to Manager and GROUP, respectively) and, along with the 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 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 Master Lease contains an option to renew the term thereof, Manager shall notify GROUP, at least thirty (30) days prior to the expiration of the 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 in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities Master Lease, assign the Master Lease to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresGROUP, which land area shall consist of a portion of the 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 including Manager’s right to use renew 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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 term thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, 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 the PDA.

Premises. The Premises consists Landlord, for and in consideration of the Building rents, covenants and 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 Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by the Sublessor in accordance with the terms hereof together with the rightLandlord, appurtenant thereto to the exclusive use of the Common Facilities 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 trade fixtures), to be constructed by installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Sublessor in accordance with the terms hereof Land and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of Improvements are referred to collectively as the land currently leased by Sublessor pursuant to the 200 Ground "Premises". Tenant acknowledges that this Lease (defined below) is subordinate 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 (a) all liens, encumbrances, deeds of Sublessor trust, reservations, covenants, conditions, restrictions 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 matters affecting 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 ("Title Matters") (i) seek approval in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and be designated the developer and lessee of the land area designated as 160 International Drive incorporated herein ("Preliminary Report") or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) approved or deemed approved pursuant to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Leasethis Section 1.1, (iii"Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee Premises or the use or occupancy thereof, in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with effect on the execution and delivery of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, terms and conditions of the Premises Ground Lease Amendment matters shall be subject to the prior written review and approval of Sublessee, Tenant which approval shall not to be unreasonably withheld, conditioned withheld so long as the new Title Matter does not materially and adversely impair the use or delayed. Upon execution occupancy by Tenant of the approved Premises Ground Lease Amendment, Sublessor for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Sublessee shall amend this Lease as necessary Landlord delivers a written reminder notice to reflect the existence thereof Tenant and Tenant fails to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration respond within five (5) days of the Lot as approved by delivery of the PDAwritten reminder notice, the new Title Matter shall be deemed approved.

Premises. The Premises consists (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 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 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 constructed measured by Landlord’s architect (“Landlord’s Architect”), and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by Landlord’s architect, an independent architect jointly selected by Landlord and Tenant shall promptly measure the 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 Sublessor name, number or designation as determined by Landlord from time to time. Tenant’s nonexclusive right to utilize the Common Areas shall be in accordance common with Landlord, other tenants and occupants of the terms hereof together with the right, appurtenant thereto Building and others to whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the exclusive 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 Facilities to be constructed by Areas which remain available for common use, however, the Sublessor in accordance with foregoing shall not preclude Landlord from modifying the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresBuilding lobby, which land area shall consist of a portion or modifying or eliminating areas outside of the land currently leased 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 Sublessor pursuant 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 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 central core area of the Building, Common Facilities and Lot 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 subject performed at such times and in such manner, as to approval create the least practicable interference with Tenant’s use of Sublessor the Premises and Sublessee (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 3 and Exhibit D hereofexcess of two percent (2%) per floor of the Premises. The Lot is located within the former Xxxxx Air Force Base as more particularly described Except in the hereafter defined Ground Lease case of Emergencies, Landlord agrees to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises. (f) Landlord reserves the right from time to time upon at least ninety (90) days’ advanced written notice, including the proposed relocation date (the “TradeportRelocation Notice”). Sublessee shall have as a right appurtenant , to relocate 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 Tenant’s Premises located on the Lot, such portion being known as 200 International Drive, pursuant fourth floor only to that certain Sublease dated April 5, 2001 by and between other premises within the PDA, as lessor, and Sublessor, as lessee (as currently in effect, Building prior to or during 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 Term 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 ; provided (i) the Ground Lease is not terminable as to usable area so substituted equals or exceeds the Lot should Sublessor fail to construct improvements other than usable area of the Building and Common Facilities on fourth floor of the Lot Premises and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction buildout and finish of the Premises in accordance with replacement space shall be substantially the terms hereof. Sublessor agrees that it shall not commence construction same as, 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 foregoingbetter than, the forms, terms and conditions fourth floor 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 the PDAPremises.

Premises. The Premises consists (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 000 Xxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxxx, consisting of approximately 271,500 rentable square feet of floor area (hereinafter referred to as the Building to be constructed by the Sublessor in accordance with the terms hereof “Building”), together with the rightnon-exclusive right and easement to use the common facilities which may from time to time be furnished by Landlord in common with Landlord and the tenants and occupants (their agents, appurtenant thereto to the exclusive use employees, customers and invitees) of the Common Facilities Building. The Building and common areas are hereinafter referred to as the “Development,” more particularly described on Exhibit “B” hereto. (b) The rentable area of the Premises, as well as the Building shall be constructed by computed based upon the Sublessor 2010 BOMA Standard Method of Measuring Floor Area in accordance with the terms hereof Office Buildings, ANSI/BOMA Z65.1-2010, and the land rentable area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to Premises, as well as the 200 Ground Lease (defined below) and Building, shall contain a portion proportionate share 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 common areas of the Building, Common Facilities and Lot utilizing a common area load factor not to exceed twelve percent. (c) The rentable square foot area of the Premises shall be subject measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to approval of Sublessor Landlord and Sublessee in accordance Tenant; provided, however, that if Tenant disagrees with Article 3 the measurement or calculation by Landlord’s architect, an independent architect jointly selected by Landlord 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 Tenant 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 promptly measure such portion of the LotPremises 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 portion being known as 200 International Drive, pursuant certification and Section 1(k) shall be revised accordingly. (d) Tenant shall be allowed access 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 reasonable portions of the 200 Ground Lease is attached hereto as Exhibit C and common areas twenty-four hours a day, three hundred sixty-five days a year using card readers, or keys, provided that true, correct and complete copies of any documents or plans referenced Tenant shall not materially interfere with Landlord’s construction activities. Access to the Premises shall be in the Exhibits or Schedules thereto same general location and 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to general utility as the PDA with respect to the Building and 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 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 access afforded on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the 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 each applicable Commencement Date. Subject to the foregoing, 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 the PDA.

Premises. The 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 consists known as Freeway Lease Area No. XX-XXX-XXX-XXXX, located XXXX in the City of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightXXXX, appurtenant thereto to the exclusive use State of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the California, said land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 interest therein being shown on the conceptual site plan map or plat marked Exhibit “A," attached hereto as Exhibit A. The parties agree that the final location, configuration and area by this reference made a part hereof. EXCEPTING THEREFROM all those portions of the Building, Common Facilities above-described Premises occupied by the supports 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 foundations of the Tradeport designated existing structure. California Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by the Xxxxx Development Authority a Certified Access Specialist (“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"CASp") to amend determine whether 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 nonproperty meets all applicable construction-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 practicablerelated accessibility requirements. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It Tenant 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 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 hereby advised that the Premises Ground Lease Amendment 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 include such additional land so long as (i) not prohibit the Ground 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 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 correct violations of construction-related accessibility standards within the premises. This Lease is not terminable as subject to (1) approval by the Lot should Sublessor fail to construct improvements 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 than the Building and Common Facilities on the Lot and matters of record, (ii3) the inclusion of such additional land area will not result in any delay in the permitting or construction all matters discoverable by physical inspection of the Premises in accordance with the terms hereof. Sublessor agrees or 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, the forms, terms and conditions would be discovered by an accurate survey of the Premises Ground Lease Amendment shall be subject and (4) all matters known to Tenant or of which Tenant has notice, constructive or otherwise, including, without limitations, those shown on 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 the PDA.attached map Exhibit "A.”

Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightterms, appurtenant thereto to the exclusive use covenants, conditions and provisions hereof, part of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Third Floor and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion part of the 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) Basement (the “LotPremises”), the present, planned location and configuration of which are as shown on the conceptual site plan Exhibit “B” attached hereto as Exhibit A. The parties agree that and made part of hereof, in the final locationbuilding (the “Building”) erected on certain land (the “Land”) located at 000 Xxxxxx Xxxxxx, configuration Xxxxxxx, Xxxxxxxxxxxxx 00000, 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 Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the hereafter defined Ground Lease property (the “TradeportProperty”)) shall mean the Land and all of the buildings now or hereafter located thereon. Sublessee Tenant shall have have, as a right 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 and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other Tradeport areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the 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 the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and authorized users East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to use the entrances, exits and roadways demand remeasurement or recalculation 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and Common Facilitiesleased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is understood and hereby 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 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 delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor Lease Commencement Date (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingas hereinafter defined), the forms, terms and conditions of the Premises Ground Lease Amendment Tenant’s Proportionate Share shall be subject equal 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 the PDA13.99%.

Premises. The Premises consists Landlord 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 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 constructed 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 Sublessor in accordance with Term and upon the terms hereof 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 rightright to install, appurtenant thereto maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Premises in locations which will not materially interfere with 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 reasonably necessary to enable access by Landlord subject to reasonable notice to Tenant to the exclusive 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 Common Facilities Premises and as far as practicable to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresminimize annoyance, which land area shall consist of a portion of the land currently leased by Sublessor pursuant interference or damage to Tenant when making modifications, additions or repairs. Subject to the 200 Ground Lease (defined below) provisions of Article VIII, Tenant and a portion of its customers, agents and invitees have 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 Premisesnon-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other Tradeport tenants and occupants and authorized users facilities designated for common use within the Building, except that with respect to non-exclusive automobile parking spaces, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose. Landlord shall have the right to use the entrancesdesignate, exits in its sole business judgment, certain spaces as "customer" parking spaces 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 Tenant 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, its employees 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 the PDApark in said customer parking.

Premises. The Premises consists In consideration of the Building agreements, terms, covenants, conditions, requirements, provisions and restrictions to be constructed kept, observed, performed, satisfied and complied with by Tenant, and of the Sublessor Minimum Rent specified and provided for in this Lease, and upon the terms and conditions herein stated, Landlord hereby lets, leases and demises unto Tenant, and Tenant hereby leases, takes and accepts from Landlord, the Premises, without any representation or warranty (expressed or implied) by Landlord except as explicitly set forth in this Lease, subject to the following: (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 Operating Conditions, Rules and Regulations, and all building and zoning ordinances; (c) 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 an accurate survey or inspection of the Premises or a review of title matters affecting the Site; and (e) All terms hereof together with the right, appurtenant thereto and conditions set forth in this Lease. Tenant acknowledges that prior to or subsequent to the exclusive use of Execution Date, Landlord and/or Landlord's Affiliates may subdivide the Common Facilities to be constructed by Project and/or enter into lot tie agreements, easements or other matters affecting the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area Site. This Lease shall consist of a portion of the 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 at all times be subject and subordinate to approval all such subdivisions, lot ties, easements or other matters affecting the Site. As a 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 in connection with such subdivision, lot tie, easement or other matter affecting the Site. If any such party fails to execute any such agreement upon request, Landlord may execute such agreement on behalf of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofsuch party. 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 In addition, Tenant agrees 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 ensure that Tenant's lenders or creditors, and be designated the developer and lessee of the land area designated as 160 International Drive (lenders 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development creditors of any additional buildings subtenant and/or assignee, execute any and all documents reasonably required by Landlord in connection with such subdivision, lot tie, easement or improvements on other matter affecting the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, 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 the PDASite.

Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to all of the Building terms and conditions set forth herein, those certain premises described as the Premises in the Basic Lease Information. Notwithstanding the foregoing to be constructed 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 Sublessor Premises to Nuance Communications, Inc. (“Nuance,” and such lease, the “Nuance Lease”). Landlord agrees to diligently attempt to achieve such termination of the Nuance Lease, and will keep Tenant apprised of the status of Landlord’s efforts. If Landlord succeeds in terminating the Nuance Lease, Landlord will promptly notify Tenant of such fact. If at any time Landlord reasonably believes that it is unable to terminate the Nuance Lease, Landlord may, by written notice to Tenant, terminate this Lease, in which event, this Lease shall automatically terminate and neither Landlord nor Tenant shall have any further rights or obligations 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 has not notified Tenant of Landlord’s successful negotiation and full execution of an agreement terminating the Nuance Lease in accordance with the terms hereof together with described in this Article 1, Tenant will have the right, appurtenant thereto by written notice delivered to Landlord at any time prior to the exclusive use date upon which Landlord so notifies Tenant of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion termination of the 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 Nuance 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 terminate 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 the PDALease.

Premises. The Premises consists Subject to and with the benefit of the Building provisions of this Lease and any ground lease or land disposition agreement relating to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use that certain parcel of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, on which land area shall consist of a portion of the 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 known as Xxx 00 xx Xxxx Xxxxx Air Force Base Xxxx 0000X, as more particularly described on Exhibit "B" attached hereto and made a part hereof (the "Lot"), Landlord hereby leases to Tenant and Tenant leases from Landlord, Tenant's Space in the hereafter defined Ground Lease (Building, excluding exterior faces of exterior walls, the “Tradeport”)common facilities area and building service fixtures and equipment serving exclusively or in common other parts of the Building Tenant's Space, with such exclusions, is hereinafter referred to as the "Premises". Sublessee Tenant shall have have, as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrancesin common with others entitled thereto, exits and roadways subject to reasonable rules of general applicability to tenants of the Tradeport designated Building from time to time made by Landlord of which Tenant is given notice(a) the Xxxxx Development Authority (“PDA”) for common use at facilities included in the Tradeport. Sublessor presently leases a portion of Building or on the Lot, such portion being known as 200 International Driveincluding 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, pursuant to that certain Sublease dated April 5the parking facilities shall be used by Tenant on a "non-reserved" basis with all other tenants in the Building, 2001 by and between the PDA, as lessorincluding their employees and/or invitees, and Sublessorfor which use there shall not be an additional charge to Tenant, as lessee its employees or invitees), bathrooms and other facilities, to the extent from time to time designated by Landlord, and (as currently in effect, b) the “200 Ground Lease” Building service fixtures and as hereafter amended by equipment serving the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy Other tenants 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 Building have been delivered to Sublessee. From and after the date hereof, Sublessor shall provided 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder parking spaces on the same terms 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 conditions except relocate for ground rent and construction obligations of Sublessor service to the PDA with respect Premises and to other parts of the Building or either, building service fixtures and 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 Building and Common Facilities in order to allow Sublessor to construct equipment wherever located in the futureBuilding, 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 (iib) the inclusion of such additional land area will not result in to alter or relocate any delay in the permitting other common facility provided that substitutions are substantially equivalent or construction of the Premises in accordance with the 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, 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 the PDAbetter.

Premises. The Premises consists shall be expanded to include the 11,654 rentable square feet consisting of the Building 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 be constructed by Tenant in the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease Required Condition (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 “Tradeport21st Floor Inclusion Date”). Sublessee The Premises shall have be further expanded to include (a) the 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 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 the 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 right appurtenant work permit for the performance of alterations to ready each space for occupancy, and (iii) asbestos in friable condition. Tenant agrees that if it uncovers asbestos while making improvements to the Premisesspaces, and the asbestos is not in common 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 Tradeport tenants and occupants and authorized users floor covering, Landlord will have no obligation to remove the right VAT tile. Landlord agrees to use the entrances, exits and roadways obtain for Tenant an ACP-5 for demolition work to be performed by Tenant within each of the Tradeport designated by 21st, 22nd and 23rd Floor Spaces upon receipt of demolition plans for such spaces. The conditions noted in (i), (ii) and (iii) above are 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‘Required Condition”). Sublessor represents and warrants to Sublessee that a trueLANDLORD AND LANDLORD’S AGENTS HAVE MADE NO REPRESENTATION OR WARRANTY TO TENANT, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that trueEXPRESS OR IMPLIED, 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 hereofRESPECTING THE CONDITION OF THE SPACES LEASED OR TO BE LEASED HEREUNDER OR THE BUILDING, Sublessor shall use its best efforts to INCLUDING WITHOUT LIMITATION (iA) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive ANY IMPLIED OR EXPRESS WARRANTY OF QUALITY, CONDITION OR TENANTABILITY, OR (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common FacilitiesB) (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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Premises. The Premises consists (a) Landlord, in consideration of the Building rents to be constructed 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 Sublessor "Premises") in accordance with the terms hereof together with shopping center owned by Landlord containing approximately 230,000 square feet of leasable space on approximately 25 acres and commonly known as Chagrin Highlands, in the rightCity of Cleveland, appurtenant thereto to County of Cuyahoga and State of Ohio (the exclusive use "Center"). The location, size, and area of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to Center as of the 200 Ground Lease Commencement Date (defined below) will be substantially as shown on Exhibit "A" attached hereto and made a portion part hereof (the "Site Plan"). A legal description 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 Center is attached hereto as Exhibit C "B" and made a part hereof. (b) The square footage specified in Section 1(a) shall be certified to Tenant 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 middle of interior walls, excluding the square footage of any mechanical and utility rooms, escalators, elevators, stairs and any other common area space located within the Premises. If the square footage of the Premises as verified and confirmed by Tenant pursuant to this Section 1(b) is less than the size specified in Section 1(a), Base Rent (defined in Section 4(a) below) and other charges shall be proportionately adjusted, but the foregoing shall not be construed as permitting a material variance in dimensions or area. (c) Landlord covenants that the Center is or shall be developed in accordance with the Site Plan and that trueit shall be used as 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, correct and complete copies visibility of, parking for or use of any documents the Premises. Notwithstanding the foregoing, no modification or plans referenced in replacement to the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor Center shall use its best efforts to (i) seek approval reduce the ratio of this Lease and be designated parking spaces (for standard size American cars) to gross leasable area of buildings in the developer and lessee Center below five (5) spaces per 1,000 square feet 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) leasable space, (ii) alter or make any changes, including any reduction or rearrangement of parking spaces, to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under Center indicated on the 200 Ground LeaseSite Plan as the "Protected Area", (iii) interfere with truck access to cause the PDA loading doors of the Premises, (iv) materially adversely interfere with customer access to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto Premises, (the “PDA Non-Disturbance Agreement”v) simultaneously materially adversely interfere with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction visibility of the Premises from the roads providing direct access to the Center, or (vi) result in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements in the area designated "No Build Area" on the premises demised 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 Sublessor (prevent any interference with parking for, access to or any affiliate thereof) under visibility or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions use of the Premises Ground Lease Amendment shall be subject to or the prior written approval business of Sublessee, not to be unreasonably withheld, conditioned Tenant or delayed. Upon execution any subtenant or licensee 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 the PDATenant.

Premises. The Premises consists shall 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 the Building to be constructed by the Sublessor in accordance with the terms hereof together with the Assignor's right, appurtenant thereto title and interest as tenant in, to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresunder that certain Lease, which land area shall consist of a portion of the 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 copy 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 trueA (the "Lease"), correct and complete copies 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 documents kind whatsoever arising from or plans referenced in connection with this Assignment or the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor Lease unless Assignee shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee take possession of the land area designated as 160 International Drive (or such portion thereof as comprises Premises demised by 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject pursuant to the terms hereof and conditions hereof)shall assume the obligations of Assignor thereunder. Sublessee agrees 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 Ground demised thereby. Upon a default by Assignor under the Lease Amendment may include such additional land so long as or under that certain Franchise Agreement dated ___________, 19__ (ithe "Franchise Agreement") between Assignor and Assignee for that certain Treats Store located at 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 delay Premises, or in the permitting event of a default by Assignor under any document or construction instrument securing the Franchise Agreement, Assignee shall have the right and is hereby empowered to take possession of the Premises demised by the Lease, expel Assignor therefrom, and, in accordance with such event, Assignor shall have no further right, title or interest in the terms hereofLease 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. Sublessor Assignor agrees that it will not suffer or permit any surrender, termination, amendment or modification of the 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 commence construction or development of any additional buildings or improvements on the premises demised to Sublessor less than thirty (or any affiliate thereof30) under or pursuant days prior to the Ground 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 until as aforesaid, Assignor hereby appoints Assignee as its true and lawful attorney in fact to exercise such extension or renewal options in the Delivery Datename, place and stead of Assignor for the sole purpose of effecting such extension or renewal. Subject 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 default by Assignor under the Lease; (2) Agrees that Assignee shall have the right, but shall not be obligated, to cure any default by Assignor under the Lease within thirty (30) days after delivery by Lessor of notice thereof in accordance with Section (1) above; (3) Consents to the foregoingforegoing Collateral Assignment and agrees that, the forms, terms and conditions if Assignee shall take possession of the Premises Ground demised by the Lease Amendment shall be subject and confirms to Lessor the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution assumption of the approved Premises Ground Lease Amendmentby Assignee as tenant thereunder, Sublessor Lessor shall recognize Assignee as tenant under the Lease, provided that Assignee cures within said thirty (30) 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 Sublessee who is reasonably acceptable to Lessor and, upon such assignment, Assignee shall amend this have no further liability or obligation under the Lease as necessary assignee, tenant or otherwise, other than to reflect certify that such additional assignee or sublessee operates the existence thereof and Premises demised by the Lease as a Treats Franchise; and (5) Agrees that in the event of an assignment or sublease pursuant to include such other amendments Item 4 above, to the Exhibits hereto as is reasonably necessary execute a further Consent to reflect the configuration Collateral Assignment of the Lot as approved Lease and Agreement by the PDA.Landlord form in favor of EMC Group, Inc. DATED: LESSOR:

Premises. The Premises consists of Lessor hereby leases unto Lessee the Building to be constructed by the Sublessor in accordance with the terms hereof 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 have the right, appurtenant without the necessity of obtaining Lessee’s consent thereto or joinder therein, to 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 exclusive 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 Common Facilities Premises for the Permitted Use. Lessor further hereby reserves the right to be constructed by install, maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Sublessor in accordance with the terms hereof Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 serving other parts of the Building, Common Facilities provided that reasonable advance notice thereof is given to Lessee and Lot that the exercise of such rights shall not materially affect Lessee’s use of the Premises for the Permitted Use. Lessee, its employees and invitees shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, subject to Lessor’s reasonable security procedures. Lessee shall be subject permitted to approval operate its business in the Premises outside of Sublessor and Sublessee the Building hours (as set forth in accordance with Article 3 and Paragraph l of Exhibit D hereof. The Lot is located within attached hereto), but Lessee shall pay to Lessor, as Additional Rent, 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 cost of supplying HVAC and other services to the Premises, as described on Exhibit D at times other than such Building hours in common with the event that Lessee requests HVAC or other Tradeport tenants such services outside of Building hours, such payment to be due and occupants and authorized users the right payable no later than thirty (30) days after Lessor gives written notice to use the entrances, exits and roadways Lessee 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 amount of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAcharges.

Premises. The Premises consists 1.1 Lessor has entered into an agreement to 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 Building Rent (as hereinafter defined) and of the covenants, conditions and agreements herein contained, and in consideration of a non-refundable $500 payment to be constructed made by Lessee to Lessor following the Sublessor in accordance with full execution of this Lease, does hereby lease unto Lessee, and Lessee does hereby lease from Lessor the 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 Premises. Lessor and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of Lessee hereby acknowledge and agree that a portion of the land currently Premises has been leased by Sublessor for automobile storage purposes pursuant to the 200 Ground Lease a lease dated May 15, 2001 between Milford Project, LLC and Milford Gateway, Inc. (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 “LotAuto Storage Lease”), 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 this Lease shall be subject deemed 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA an xxxxxxxxx with respect to the Building Auto Storage Lease. Lessee may utilize any personal property located on the Premises not covered by the Auto Storage Lease at no charge. Lessor and Common Facilities. It is understood Lessee acknowledge and agreed agree that Sublessor as of the Commencement Date (as hereinafter defined) Lessee shall seek have the full and exclusive right to amend use, occupy, possess, operate and control the 200 Ground Lease to include land area in addition to that necessary Premises (except for the Lot or otherwise to construct portion leased under the Building and Common Facilities in order to allow Sublessor to construct in Auto Storage Lease), including the futureentire self storage facility on the Premises, additional buildings and improvements (subject to the terms Leases (as hereinafter defined) and conditions covenants, easements and agreements of record (which covenants, easements and agreements may be raised by Lessee as title objections pursuant to Section 8 hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground . 1.2 This Lease is not terminable as to the Lot should Sublessor fail to construct improvements contingent upon Lessee entering into three (3) other than the Building leases involving self storage properties located at One Executive Boulevard, Farmingdale, New York, 00 Xxxx Xxxx Xxxxxx, Hicksville, New York and Common Facilities on the Lot 00 -00 Xxxxxxx Xxxxxx and (ii) the inclusion 00-00 Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxx. See also Section 5.7 of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDALease.

Premises. The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, for the Term, the Premises consists 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 be constructed by the Sublessor 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 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 terms hereof together Construction Schedule set forth at Exhibit M, and with the rightcompletion of the Landlord’s Work scheduled to occur no later than May 31, appurtenant thereto 2018 (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 Delay pursuant to the exclusive use 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 Common Facilities 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 (excluding the Tenant Improvements). In the event that Landlord has not completed Landlord’s Work within forty-five (45) days after the Initial Delivery Deadline, then Tenant shall be entitled to two (2) days of abatement of Annual Fixed Rent for each 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 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 returned to Tenant, and neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except any provisions which expressly survive termination of this Lease. Landlord shall use good faith efforts to ensure, and cause Contractor to ensure, that completion of the Landlord’s Work shall not interfere with the ongoing construction of the Initial Leasehold Improvements. See Section 4.5 herein for additional requirements governing the Landlord’s Work. On or before the anticipated Rent Commencement Date, Tenant or Tenant’s representative shall conduct an inspection of 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 “Punch List”). Landlord shall complete and/or correct all items on the Punch List within thirty (30) days after Landlord receives the Punch List and shall give Tenant written notice when all of the items 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 Work as provided in this Section, that Landlord’s Work shall be constructed (i) in a good and workmanlike manner and with all utilities, building systems and equipment, including without limitation the HVAC systems and components, in good working order (such warranty shall be exclusive of equipment warranties provided directly by manufacturers for equipment to be constructed by installed within the Sublessor Premises as provided below), (ii) in compliance with applicable legal requirements, and (iii) substantially in accordance with the terms hereof plans and specifications therefor (collectively, “Landlord’s Warranty”). Tenant shall have one year after the land area appurtenant thereto comprising approximately five date of completion of Landlord’s Work as provided in this Section within which to notify Landlord of any breach of Landlord’s Warranty (5) acresa “Construction Defect”). Within 30 days after delivery Tenant’s notice of any such Construction Defect, which land area Landlord shall consist remedy or cause the responsible contractor to remedy any such Construction Defect within a reasonable time. Tenant shall be entitled to receive the benefit of a portion all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be borne by Tenant or payable out of the land currently leased LIA (as defined in the Work Letter). Tenant shall further be subject to any easements, covenants and/or restrictions or other matters of record encumbering the Park provided that any such matters of record arising after the date hereof do not prohibit Tenant’s use and occupancy of the 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 Sublessor pursuant or on behalf of the Landlord with respect to the 200 Ground Lease (defined below) and a portion Premises, the Building or the Property or with respect to the suitability of any of them for the conduct of the land area designated as 160 International Drive (Tenant’s business or such portion thereof as is necessary to construct activities. The Premises shall exclude common areas and facilities of the Building and Common Facilities) (the “Lot”)Property, including without limitation exterior faces of exterior walls, the presententry, planned location vestibules 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 main lobby of the Building, Common Facilities first floor elevator lobby and Lot 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 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, lavatories, and freight elevator vestibule located on such floor. Landlord shall be subject to approval delivering the Premises in “as is” condition at the Commencement Date of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofthe Lease. 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 Prior to the PremisesCommencement Date, in common Landlord shall provide Tenant with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways evidence of the Tradeport designated decommissioning of the Premises by the Xxxxx Development Authority (“PDA”) for common use at the Tradeportprior tenant. 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 Landlord represents and warrants to Sublessee that a trueTenant that, correct to the best of Landlord’s current knowledge, information, and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that truebelief, 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 (ia) 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 Facilitiesthe 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) (ii) to amend Landlord holds the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor tenant’s interest 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It as such term is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area defined in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futureSection 12.14), 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 no mortgage other than the Building current mortgage to CIGNA; (c) Landlord has full power and Common Facilities on the Lot authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; and (iid) the inclusion of such additional land area will not result in no other party has any delay in the permitting or construction of possessory right to the Premises in accordance with or has claimed the 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, 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 the PDAsame.

Premises. The Premises consists of the Building Subject to be constructed by the Sublessor and in accordance with the terms hereof together with provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the rightPremises as designated on Exhibit A, appurtenant thereto consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the exclusive use condition of the Common Facilities Project or the Premises and no promises to be constructed alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or the Sublessor Work Letter attached hereto, Tenant agrees to accept the Premises in accordance with the terms hereof their current “AS IS, WHERE IS” condition and the land area appurtenant thereto comprising approximately five (5) acresacknowledges that LANDLORD MAKES NO WARRANTIES, which land area shall consist of a portion 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 taking possession of the land currently leased by Sublessor pursuant to Premises for the 200 Ground Lease (defined below) and a portion purposes 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”)conducting business, 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 including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the right to use the entrancesnonexclusive right, 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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), to use the Common Areas of the Project. Sublessee agrees Tenant acknowledges that the Premises Ground Lease Amendment 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 such additional land so 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 Common Areas, as long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building Premises remain reasonably accessible and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction Tenant’s use of the Premises in accordance with the terms hereof. Sublessor agrees that it shall is 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, 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 the PDAmaterially diminished.

Premises. The Premises consists Lessor, for and in consideration of the Building rents, covenants, and agreements herein contained on the part of Lessee to be constructed by 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 Sublessor 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 terms hereof together with 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, appurtenant thereto subject to the exclusive terms set forth herein, to use each of the Common Facilities Access Easement Area, Construction Easement Area, and Utility Easement Area for its specified purpose. The Premises, which shall include the Lessee’s appurtenant rights to 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 constructed by the Sublessor amended in accordance with the terms hereof provisions of this Lease; (c) present and future zoning laws, ordinances, resolutions and regulations of the municipality in which the land area appurtenant thereto comprising approximately five (5) acreslies, which land area shall consist and all present and future ordinances, laws, regulations, and orders of a portion 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 land currently leased by Sublessor pursuant to Premises for the 200 Ground Lease Permitted Use (defined belowprovided that Lessor shall not restrict or encumber the Premises for the Permitted Use after the Effective Date); (d) the condition and a portion state of repair of the land area designated Premises as 160 International Drive the same may be on the Effective Date; (e) all water charges, electric charges, and sewer rents, accrued or such portion thereof un-accrued, fixed or not fixed, from and after the Effective Date arising as is necessary to construct a result of the Building construction and Common Facilities) (operation of the “Lot”)Solar Energy Facility, the presentPermitted Improvements, planned location and configuration of which are shown on or any other appurtenant facilities or improvements associated with the conceptual site plan attached hereto as Exhibit A. The parties agree Permitted Use; and (f) full compliance by the Lessee with all Applicable Legal Requirements that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee require compliance by Lessee in accordance connection 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 Permitted Use or the 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 use the entrances, exits and roadways this Agreement as of the Tradeport designated by Execution Date includes the Xxxxx Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion Parties’ initial approximation of the LotPremises. 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 portion being known as 200 International Driveamendment to be submitted before commencement of installation work on the 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 unreasonably denied or delayed; provided, pursuant to that certain Sublease dated April 5however, 2001 by and between in the PDA, as lessor, and Sublessor, as lessee (as currently in effectevent the Lessor does not provide such approval, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants Parties shall be obligated 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 negotiate in the Exhibits or Schedules thereto have been delivered good faith in order 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 reach agreement with Sublessor and Sublessee in substantially on 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAproposed amendments.

Premises. The Premises consists Subject to and with the benefit of the 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 to be constructed by (hereinafter, the Sublessor in accordance with the terms hereof "Tenant's Space"), together with the right, appurtenant thereto to appurtenances described below. Tenant's Space as the exclusive use of the Common Facilities to same may be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor expanded pursuant to Exhibit R, with such appurtenances, is hereinafter collectively referred to as "the 200 Ground Lease (defined below) and a portion of the land area designated Premises". Tenant shall have, 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, the right to use in common with other Tradeport tenants of the Park, as hereinafter defined, the areas shown on the Plan attached hereto as part of Exhibit A as "Building Parking Area", all subject to and occupants and authorized users as further provided in Section 10.18 hereof. 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 entrancespark, exits commonly known and roadways referred to as the Bedford Woodx Xxxice Park and shown on the Plan of the Tradeport designated Park attached hereto as part of Exhibit A (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 Xxxxx Development Authority (“PDA”) for common use areas now or hereafter located at the Tradeport. Sublessor presently leases a portion Park (the "Common Areas"), including, without limitation, the Common Areas shown on the Plan 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 Park attached hereto as Exhibit C and A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof provided however 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 any amendments or modifications to such Common Area will not materially adversely effect Tenant's ability to access the Premises (ii) Landlord will provide Tenant prior written notice thereof and be designated (iii) provided further that any such amendments or modifications to the developer and lessee Common Areas are reasonably functionally equivalent to the portion of the land area Common Areas that they amend or replace, (b) all rights of ingress and egress to and from the Building 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 160 International Drive common or visitors parking areas for use of the entire Park, if any, (or such portion thereof as comprises e) all other rights appurtenant to 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 LeaseBuilding, (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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 (iif) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the 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 foregoingall utility lines, the formselectricity, terms water 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 sewage disposal pipes 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 the PDAstructures.

Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with Tenant, and Tenant hereby leases from Landlord, on the terms hereof together with and conditions set forth herein, the right, appurtenant thereto to space outlined on the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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) attached Exhibit A (the “LotPremises”). 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 present, planned location parcel(s) of land (the “Land”) on which the Building is located and configuration of which are shown the other improvements on the conceptual site plan attached hereto Land (including the walkways and landscaping) are referred to herein as Exhibit A. the “Real Property.” The parties agree that Real Property is a part of the final locationoffice, configuration retail and area 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 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 Parking Facility (as defined in Paragraph 53 below) (collectively, the “Common Facilities Areas”). Tenant shall comply with all recorded covenants, conditions and Lot restrictions (“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 approval 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 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 or access to the PremisesPremises or Parking Facility, in common with other Tradeport tenants and occupants and authorized users 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 is granted the right to the use of an allocation of conduits or riser space pursuant to the entrancesterms of this Lease, exits and roadways all of the Tradeport designated by the Xxxxx Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion windows and outside walls of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by Premises and between the PDA, as lessor, and Sublessor, as lessee (as currently any space in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendmentused for shafts, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a truestacks, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that truepipes, 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 hereofconduits, 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 ducts, electrical equipment serving the Building generally or other utilities or Building facilities are reserved solely to Landlord 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 LeaseLandlord shall, (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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 provisions of Paragraph 23 below, have rights of access through the Premises Ground Lease Amendment may include such additional land so long as (i) for the Ground Lease is not terminable as to purpose of operating, maintaining and repairing 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAsame.

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 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 consists shall include the appurtenant right to 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 and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof and access thereto through the Premises for the purposes of operation, maintenance and repairs, are reserved to Landlord. Tenant shall not in any event be constructed by permitted to use the Sublessor 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 such installation does materially adversely affect the terms hereof together 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 hereby acknowledges, that the Premises have not undergone inspection by a person certified pursuant to Section 4459.2 of the 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 and shall be no implied warranties of merchantability, habitability, fitness for a particular purpose, or any other kind arising out of this Lease and there are and shall 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 the right, appurtenant thereto all Rules and Regulations and all laws now or hereafter in effect relating to the exclusive use of parking spaces. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant for any loss or 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 regulations adopted pursuant thereto (collectively the "Energy Disclosure Requirements"). Tenant acknowledges prior receipt of the 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 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 Common Facilities to be constructed by Building and that the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion energy performance of the 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 may vary depending on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area future occupancy and/or use of the Building, Common Facilities and Lot (iii) Landlord shall be subject have no liability 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 Tenant for any errors or omissions in the hereafter defined Ground Data Verification Checklist. If and to the extent not prohibited by applicable Jaw, Tenant hereby waives any right it may have to receive the Data Verification Checklist, including, without limitation, any right Tenant may have to terminate this Lease (the “Tradeport”). Sublessee shall have as a right appurtenant result of Landlord's failure to disclose such information. Further, Tenant hereby releases Landlord from any liability Landlord may have to Tenant relating to the PremisesEnergy Data Verification Checklist, in common with other Tradeport tenants and occupants and authorized users including, without limitation, any liability arising as a result of Landlord's failure to disclose any matter requiring disclosure under the right Energy Disclosure Requirements to use Tenant prior to the entrances, exits and roadways execution of this Lease. Xxxxxx's acceptance 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, Premises 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 terms of this Lease and shall be designated the developer and lessee deemed to include Tenant's approval of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct energy performance of 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAData Verification Checklist.

Premises. The Premises consists of (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to as the Building “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 be constructed by as the Sublessor in accordance with the terms hereof “Building”), together with the right, appurtenant thereto non-exclusive right and easement to use the parking (subject to the exclusive use 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 Common Facilities 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 may not be constructed by completed and delivered to Tenant simultaneously. That one of the Sublessor in accordance with the terms hereof Second or Third Floor which is first completed and delivered to Tenant is herein referred to as “Phase One” and the land other such Floor is herein referred to as “Phase Two.” The date Phase Two is completed and delivered to Tenant as provided in Paragraph 3(a) hereof is herein referred to as the “Effective Date.” (b) The usable square foot area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to Premises, as well as the 200 Ground Lease (defined below) Building shall be computed based upon the BOMA American National Standards Z65.1 1996, and a portion the rentable area of the land area designated Premises, as 160 International Drive (or such portion thereof well as is necessary to construct the Building and Common Facilities) (Building, shall contain a proportionate share of 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 common areas of the Building, Common Facilities utilizing a common area factor on a multi-tenant floor of thirteen percent (13%) and Lot shall be subject to approval on a single tenant floor of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. eight percent (8%). (c) 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 rentable square foot area of the Premises, in common if any, other than the Second and Third Floors, shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with other Tradeport tenants and occupants and authorized users the right measurement or calculation by Landlord’s architect, Xxxxxx Xxxxx (hereinafter referred to use as the entrances, exits and roadways of the Tradeport designated by the Xxxxx Development Authority (“PDAIndependent Architect”) for common use at the Tradeport. Sublessor presently leases a shall promptly measure such portion of the LotPremises 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 portion being known certification and Section l(j) shall be revised accordingly. The parties acknowledge that the rentable square foot area of the Second and Third Floors is as 200 International Drive, pursuant set forth in Section 1(d) hereof and is not subject to that certain Sublease dated April 5, 2001 by and between the PDA, measurement as lessor, and Sublessor, as lessee provided in this Paragraph 2(c). (as currently in effect, the “200 Ground Lease” and as hereafter amended by d) Tenant shall be allowed access to the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy reasonable portions of the 200 Ground Lease is attached hereto as Exhibit C and common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys, provided 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it Tenant shall not commence materially interfere with Landlord’s 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, 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 the PDAactivities.

Premises. The Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises consists subject to the provisions herein contained. Tenant has inspected the Premises (and portions of the Building Property and Center providing access to be constructed by or serving the Sublessor in accordance Premises) or has had an opportunity to do so, and agreed to accept the same “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any Alterations, repairs or improvements unless expressly provided under this Lease. Tenant further acknowledges that Landlord has not made any representation or warranty (express or implied) with the terms hereof together with the right, appurtenant thereto respect to the exclusive use habitability, condition or suitability of the Common Facilities Premises or Property for Tenant’s purposes or any particular purpose. Notwithstanding anything to be constructed by the Sublessor contrary contained in accordance with the terms hereof this Lease and the land area appurtenant thereto comprising approximately five (5) acreswithout reducing any other obligations of Landlord hereunder, which land area shall consist of a portion Landlord represents and warrants to Tenant that, as of the land currently leased by Sublessor pursuant to Commencement Date, (i) the 200 Ground Lease Premises shall be free and clear of occupants and third party occupancy rights, (defined belowii) 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 Facilitiesthe Premises and every part thereof, shall be in 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 exception of “punch list” items which shall be agreed between the parties and completed by Landlord as provided in Exhibit D, Work Letter, and (iv) 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 structural elements of the Building, Common Facilities the electrical and Lot shall be subject to approval of Sublessor lighting systems serving 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 life safety systems servicing the entrancesPremises, 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 effectif any, the “200 Ground Lease” sprinkler system serving the Premises, if any, the HVAC systems serving the Premises, the roof (including the roof membrane), the plumbing and as hereafter amended by sewer systems serving the Premises Ground Lease Amendment, and 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder window coverings on the same terms Premises are all in good working order and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAcondition.

Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the 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 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 Premises shall be deemed to consist of approximately 7,791 rentable square feet and the Building shall be deemed to be constructed by 123,810 rentable square feet. Landlord hereby reserves the Sublessor right to re-measure the Building from time to time and Tenant’s Proportionate Share (as defined in accordance with Exhibit “D”) shall be adjusted accordingly but shall not increase from the terms hereof together with the rightamount set forth herein. Landlord represents and warrants that upon Substantial Completion of Landlord’s Work, appurtenant thereto access to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five fifteenth (515th) acres, which land area shall consist of a floor portion of the land currently leased by Sublessor pursuant Premises via the stairwell connecting the same to the 200 Ground Lease fourteenth (defined below14th Floor) and a floor portion of the land area designated as 160 International Drive (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 such portion thereof as is improvements are necessary for Tenant to construct legally access, use and occupy 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 fifteenth floor portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between Premises throughout 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDATerm.

Premises. The Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises consists 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 be constructed use all areas and facilities provided by Landlord for the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of all tenants in the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Property including any lobbies, hallways, driveways, sidewalks and the land area appurtenant thereto comprising approximately five (5) acresparking, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) loading 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) landscaped areas (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 “TradeportCOMMON AREAS”). 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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 Notwithstanding the foregoing, the formsLandlord shall complete the work described on Exhibit “A-2” necessary to improve the Premises (collectively, terms 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 conditions 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 Ground Lease Amendment 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 Landlord’s Work by November 1,2015, as the same may be extended for delays caused by Force Majeure or Tenant, then the commencement of payment of Minimum Annual Rent shall be subject to the prior written approval delayed by one (1) day for each day that delivery of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution possession of the approved Premises Ground Lease Amendmentis delayed beyond November 1, Sublessor 2015, If Landlord fails to complete the Landlord’s Work by December 1, 2015, as the same may be extended for delays caused by Force Majeure or Tenant, Tenant shall have the option of canceling and Sublessee shall amend terminating this Lease as necessary by giving notice in writing to reflect the existence thereof and Landlord at any time prior to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration die date on which Landlord delivers of possession of the Lot as approved by Premises to Tenant, In the PDA.event this Lease is so terminated, Tenant shall not be liable to Landlord on account of any covenant or obligation herein contained, and any security deposit shall be refunded to Tenant. For the purposes of this Lease, “Force Majeure” shall mean strikes, lock-outs, riots or other labor troubles, unavailability of materials, a national emergency, any rule, order or regulation of governmental authorities, tornados, floods, hurricanes or other natural disaster, or Acts of God, or other similar causes not within the Landlord’s control

Premises. The Premises consists of Landlord leases to Tenant and Tenant leases from Landlord the Building to be constructed by the Sublessor in accordance with the terms hereof Premises, together with the right, appurtenant thereto right in common with others to use the Common Areas. Tenant shall have access to the exclusive use Premises, 24 hours per day, 365 days per year, subject to reasonable security requirements, periodic maintenance and emergency situations and to all of the Common Facilities terms and conditions of this Lease. Subject to be constructed by the Sublessor in accordance Landlord’s obligations with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant respect to the 200 Ground Lease (defined below) and a portion of Tenant Improvements, Tenant accepts the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Premises, Building and Common FacilitiesAreas “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 cause to be constructed, in compliance with applicable Laws, the tenant improvements described on Exhibit “C” (the “LotTenant 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 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 Tenant Improvements 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of SublesseeTenant’s approval, not to be unreasonably withheld. If Tenant fails to respond to any request for such approval within two (2) business days, conditioned 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 issuance of a building permit for the construction of the Tenant Improvements. Landlord shall cause the Tenant Improvements to be carried forward expeditiously and with adequate work forces so as to achieve Substantial Completion of the Tenant Improvements on or delayedbefore the Estimated Commencement Date. In constructing the Tenant Improvements, Landlord reserves the right to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available upon prior notice to Tenant. Upon execution the Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Tenant Improvements with Landlord within three (3) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the approved 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 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 (1) year following the Substantial Completion of 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 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 been Substantially Completed but for such Tenant Delay. (c) Following the determination of the Commencement Date, the parties shall execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, and Tenant’s acceptance of the Premises Ground Lease Amendmentin the form of Exhibit “H” attached hereto. (d) Commencing on the date that is approximately thirty (30) days prior to the date that the Tenant Improvements are reasonably expected to be Substantially Completed, Sublessor Landlord shall permit Tenant to enter the Premises in order to commence installing its furniture, equipment, cabling and Sublessee shall amend 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 as necessary 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 reflect pay Monthly Rent and utilities). Furthermore, Tenant’s entry in the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration Premises shall not interfere with Landlord’s construction of the Lot as approved by Tenant Improvements and any such interference shall be considered a Tenant Delay hereunder. In connection with such early access, Tenant shall follow the PDApolicies and safety directives of Landlord’s contractor.

Premises. The Premises consists Lessor hereby leases to Lessee a portion of that certain parcel of Property, hereinafter defined, as well as antenna space on the Building to be constructed by the Sublessor in accordance tower, hereinafter designated as “Lessor’s Tower,” with the terms hereof together 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 the right, appurtenant thereto to the exclusive use all of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of same being a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) 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 a Description 00 00X XX 00. The entirety of Lessor’s property is hereinafter designated as “Property.” The portion of the land area Property leased to the Lessee, including any rights-of-way, is hereinafter designated as 160 International Drive (or such portion thereof as is necessary to construct the Building “Premises.” a. Lessor and Common Facilities) (the “Lot”), the present, planned location Lessee further agree and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree acknowledge that the Facility noted on Exhibit A-1, attached herein and incorporated by this reference, wholly and entirely represents its final locationinstalled configuration, configuration and area of the Building, Common Facilities and Lot shall be subject pursuant to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. this Agreement. b. The Lot is located within the former Xxxxx Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee Lessee shall have as the non-exclusive right for access, and ingress and egress, seven (7) days a right appurtenant week, twenty-four (24) hours a day, on foot, or motor vehicle, 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood 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 (and agreed that Sublessor shall seek to amend other necessary areas of the 200 Ground Lease to include land area in addition to that necessary Property), for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (its permitted uses subject to the terms and conditions hereofnoted in the prime lease, license or other similar agreement with a third party (where applicable), for a particular location or site, which prime lease, license, or other similar agreement with a third party, shall be in full force and effect, with same being attached to this Agreement as Exhibit C, when applicable. Sublessee agrees that Lessor also grants to Lessee the Premises Ground Lease Amendment may include such additional land so long easement and right to install and maintain wires, cables, conduits and pipes within, over, under or along the Property as (i) detailed in Exhibit A. Additionally, the Ground Lease is not terminable as Lessor grants to Lessee any specific right of way for access, from the nearest public right-of way, Old Cryors Road, to the Lot should Sublessor fail Premises, as described Exhibit A. In the event any public utility is unable to construct improvements other than use the Building and Common Facilities on aforementioned rights-of-way or easement, the Lot and (ii) the inclusion of such Lessor hereby agrees to grant an additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the 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 right-of-way, either to the Ground Lease until the Delivery Date. Subject Lessee or to the foregoingpublic utility, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject at no cost 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 the PDALessee.

Premises. The 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 has delivered, and Tenant acknowledges having possession of, approximately 34,537 rentable square feet of the Premises consists on the ground floor of the Building (the "Initial Premises") to Tenant on or about the 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 constructed 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 Landlord, for any reason, cannot deliver possession of the 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 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 other modifications being made thereto (except as may be necessary to satisfy the requirements of Section 1.2 above), Landlord shall not be 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 Sublessor period of time Landlord is delayed in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use so delivering possession of the Common Facilities A Remaining Premises and/or the B Remaining Premises to be constructed by Tenant without any improvements, alterations, repairs, refurbishment or other modifications being made thereto. Tenant's rights to use the Sublessor in accordance with the terms hereof A Remaining Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 B Remaining Premises 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 subordinate to the Premises, in common rights of Phoenix; and no use by Tenant may unreasonably interfere with other Tradeport tenants and occupants and authorized users the right rights of Phoenix to use and occupancy of Phoenix's premises." Throughout the entrancesLease, exits and roadways of references to the Tradeport designated by "RP Commencement Date" shall be deemed to be references to the Xxxxx Development Authority (“PDA”) for common use at "RPA Commencement Date" and/or 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"RPB Commencement Date", 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAappropriate.

Premises. The Premises consists of the Building (a) Landlord leases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTenant leases from Landlord, Suite No. 160, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease parties stipulate and agree is five thousand one hundred and ninety-eight (defined below5,198) and a portion of the land area designated as 160 International Drive rentable square feet (or such portion thereof as is necessary to construct the Building and Common Facilities“RSF”) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site space plan attached hereto as Exhibit A. The parties agree that the final location“A” (“Premises”), 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 building and common areas (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 effectcollectively, the “200 Ground Lease” Building”) at Xxx Xxxxxxx Xxxxxxx, Wilmington, Delaware, which Building is comprised of 104,761 leasable square feet as of the Effective Date. (1) Subject to (b) (2), Landlord shall, at its sole expense, keeping the existing ceiling grid, ceiling tiles and as hereafter amended by lighting in place to the extent possible, repaint the Premises Ground Lease Amendmentin colors of Tenant’s choice, shampoo/patch the “Ground Lease”). Sublessor represents carpeting as needed and warrants otherwise perform any changes to Sublessee that a true, correct and complete copy of the 200 Ground Lease is Premises as noted in the space plan attached hereto as Exhibit C and “A” provided that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered event Landlord is unable to Sublesseereutilize 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”). From and Landlord may complete the Landlord’s Work after the date hereofLease 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 unreasonably obstruct Tenant from using the Premises for ordinary office purposes), Sublessor shall use its best efforts to but in no event more than one hundred twenty (i120) seek approval of this days after the 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 LeaseCommencement Date, (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 which deadline (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 Ground Lease (the “Premises Ground Lease AmendmentLandlord Work Deadline”) shall provide for the addition of that portion of the Lot not presently leased be extended as necessary due to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 any Force Majeure (as hereinafter defined) or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements Tenant Delay (subject to the terms and conditions hereofas hereinafter defined). Sublessee agrees that “Tenant Delay” means any delays as a result of Tenant’s requests to modify Landlord’s Work under subsection (2) below and/or Tenant’s failure to cooperate reasonably with Landlord’s reasonable efforts to complete the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease Landlord’s Work. If any material revision or supplement to Landlord’s Work is not terminable as deemed necessary by Landlord, those revisions and supplements shall be submitted 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 delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it Tenant for approval, which approval 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, 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 unseasonably withheld or delayed. Upon execution In the event such revisions or supplements to Landlord’s Work impact completion 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 Landlord’s Work by the PDALandlord Work Deadline and/or obstruct Tenant from using the Premises for ordinary office purposes, the Fixed Rent Grace Period shall be appropriately extended.

Premises. The Premises consists (a) In consideration of the Building obligation of Tenant to be constructed 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 Sublessor in accordance with the terms hereof together with the rightTerm, appurtenant thereto subject to the exclusive use terms, covenants and conditions of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresthis Lease, which land area shall consist of a portion of the 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”)together with, 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 in common with Landlord and other tenants, occupants and visitors to the entrancesBuilding, exits the common lobbies, hallways, loading areas, and roadways of 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 also have the Tradeport designated by the Xxxxx Development Authority (“PDA”) for common right to use at the Tradeport. Sublessor presently leases a and exclusively occupy that portion of the Lot, such portion being known Building 4 as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by outlined as “Temporary Premises” on Exhibits A-12.1 and between the PDA, as lessorA-12.2 hereto, and Sublessorhereinafter referred to as the Temporary Premises. Until such time that Tenant vacates Building 4 in its entirety, as lessee (as currently in effect, Building 4 shall be incorporated for 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 purpose of this Lease and be designated the developer and lessee as part of the land area designated as 160 International Drive Premises. (or such portion thereof as comprises c) Tenant shall have the Lot right to use, in common with Landlord and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion other tenants of the Lot not presently leased to Sublessor under Buildings, 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 areas outlined as “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery Tenant Use Area” on Exhibits A-2 through A-13 hereto. Tenant’s use of such amendmentareas, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) which shall provide for the addition of that portion not be considered part of the Lot not presently leased Premises hereunder, shall be subject to Sublessor under reasonable rules and regulations determined by Landlord’ from time to time governing coordination of use by Landlord and tenants of the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common FacilitiesBuildings. It is understood and agreed that Sublessor shall seek Landlord may terminate Tenant’s use of such areas by reasonable advance notice to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Tenant in the futureevent Landlord, additional buildings and improvements leases such areas to another tenant. (subject 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 terms “CUP” identified on Exhibit A-3 hereto, for purposes of maintaining, repairing, and conditions hereof). Sublessee agrees that replacing utilities, equipment, and other facilities serving the Premises Ground Lease Amendment may include such additional land so long as (i) and Tenant’s operations therein, tenant shall have the Ground Lease is right at all times to access the Unrestricted Tenant Access Area, and the same shall 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 delay in the permitting or construction be considered part of the Premises in accordance with the 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, 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 the PDAhereunder.

Premises. The Premises consists Subject to the terms of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the entirety of the Premises. Tenant accepts the Premises in its “AS IS” condition, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Prior to the Commencement Date, 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 be constructed the rentable square footages set forth in Sections 1(c) above for all purposes with respect to this Lease. Landlord shall: (i) remove all debris and fencing from the parking lot located on the Land, (ii) improve the parking lot with slurry seal on the asphalt area and new striping of the asphalt and concrete areas, which shall result in approximately three (3) parking spaces per each 1,000 square feet of the Building; and (iii) construct a trash enclosure, and (iv) complete any other work or improvements to the Premises required by the Sublessor 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 terms hereof together with City of Sunnyvale, and shall be at Landlord’s cost. Landlord shall use commercially reasonable efforts to complete items (i) and (ii) by August 1, 2016 and items (iii) and (iv) by September 1, 2016. Each of the rightparking spaces striped by or on behalf of Landlord shall be legally compliant parking spaces. The kitchen appliances listed in Exhibit H hereto shall remain within the Premises for Tenant’s use. Furthermore, appurtenant thereto all data wiring serving the Premises and existing prior to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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) Commencement Date (the “LotCabling”)) shall remain intact and in place, 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 Tenant shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use such Cabling during the entrancesTerm, exits and roadways of but any changes to the Tradeport designated by the Xxxxx Development Authority (“PDA”) for common use Cabling shall be at the TradeportTenant’s sole expense. 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 Landlord represents and warrants that to Sublessee that Landlord’s actual knowledge, the Premises is compliant with all Laws, except for the need for a true, correct and complete copy trash enclosure if the user of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies Building does not compost all 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAwaste.

Premises. The Premises consists (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 be constructed approximately Twelve Thousand Five Hundred Forty-Eight (12,548) rentable square feet on the Tenth (10th) Floor of the Building by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use addition of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 Expansion 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 amendmentExpansion Effective Date, all as soon as reasonably practicablereferences to the Premises in the Lease shall mean, collectively, the Existing Premises and the Expansion Premises. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide Term for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder Expansion Premises shall commence on the same terms Expansion Effective Date and conditions except for ground rent and construction obligations of Sublessor to end on the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the futureExtended Termination Date, additional buildings and improvements (subject unless sooner terminated pursuant 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 delay in the permitting or construction of the Lease. The Expansion Premises in accordance with is subject to all the 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, the forms, 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 Ground Lease Amendment unless such concessions are 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 Expansion Effective Date for any reason, including without limitation, holdover by prior occupants, Landlord shall not be liable for any claims, damages or liabilities as a result thereof, but the Expansion Effective Date shall be subject to the prior written approval of Sublessee, not delayed to be unreasonably withheld, conditioned or delayed. Upon execution the date upon which Landlord delivers possession of the approved Expansion Premises Ground Lease Amendmentto Tenant. Should the Expansion Effective Date be a date other than the date set forth in Paragraph 3(a), Sublessor and Sublessee shall amend this Lease as necessary to reflect either Landlord or Tenant, at the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration request of the Lot as approved by other, shall execute a declaration specifying the PDAExpansion Effective Date; provided, however, that failure to execute, or request execution of, such declaration shall not in any way alter the Expansion Effective Date. If the Expansion Effective Date is delayed the Extended Termination Date shall not be similarly extended.

Premises. The Premises consists Landlord leases to Tenant the premises described in Section 1. and in EXHIBIT A (the "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 Building date of execution and delivery of this Lease (exclusive of an order to be constructed by cause such compliance with respect to any improvements to and/or the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities interior of the Premises; provided, however, that if and as long as Tenant utilizes improvements in the Premises in the condition of such improvements existing as of the Date of Lease without undertaking any modifications thereto, Landlord shall cause such existing improvements to be constructed 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 state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. The rentable square footage of the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area Premises shall consist of include a portion of the 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 common area of the Building, Common Facilities Project and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is the occupied space located within the former Xxxxx Air Force Base as more particularly described Project and dedicated to the service of the Project. Tenant agrees with the square footage specified for the Premises in Section 1. and will not hereafter challenge such determination and agreement. Landlord shall have the right, in Landlord's sole good faith discretion: (i) to make changes, including, without limitation, changes in the hereafter defined Ground Lease location, size, shape, number and appearance to the Project (excluding the “Tradeport”). Sublessee 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 have as a right appurtenant not be reduced and shall otherwise be located in similar proximity to the Premises), in common with other Tradeport tenants parking areas, loading and occupants unloading areas, ingress, egress, direction of traffic, decorative walls, landscaped areas 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) walkways; (ii) to amend the 200 Ground Lease to include that portion close temporarily any part of the Lot not presently leased Project for maintenance purposes so long as reasonable access to Sublessor under the 200 Ground Lease, Premises remains available; (iii) to cause designate other land and improvements outside the PDA boundaries of the Project to enter into be a non-disturbance agreement with Sublessor part of the Project, provided that such other land and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution improvements have a reasonable and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment functional relationship to the Ground Lease Project; (the “Premises Ground Lease Amendment”iv) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease add additional buildings and improvements to the premises currently leased thereunder on Project; (v) to use the same terms and conditions except for ground rent and construction obligations of Sublessor common areas while engaged in making additional improvements, repairs or alterations to the PDA Project or any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct Project as Landlord may, in the futureexercise of sound business judgment deem to be appropriate, additional buildings provided (x) none of the above adversely interferes in any specific and improvements (subject significant manner given Tenant's actual requirement with respect to the terms and conditions hereof). Sublessee agrees that utilization of 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 delay in the permitting or construction affected portion of the Premises in accordance for the purpose of conducting Tenant's business therein, taking into account Landlord's contractual obligations with respect to the terms hereof. Sublessor agrees that it Project, (y) Tenant's obligations hereunder are not increased, (z) Tenant's rights hereunder are not decreased, and (aa) Landlord's activities 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, the forms, terms and conditions affect "mission critical" areas of the Premises Ground Lease Amendment shall be subject Premises, as such areas are identified by Tenant to the prior written approval Landlord promptly following receipt by Tenant of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution notice from Landlord 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 the PDAits intended activities.

Premises. The Premises consists of the Building Subject to be constructed by the Sublessor and in accordance with the provisions hereof, Landlord leases to 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 (inclusive of all lighting and electrical outlets in the Premises) will be in good working order as of the Commencement Date. Tenant’s failure to advise Landlord, in writing and 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 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 shall also have the non-exclusive right, subject to the terms hereof together with 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, appurtenant thereto in its sole discretion, at any time and from time to time, to include the exclusive use 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 Common Facilities Areas, as long as the Premises remain reasonably accessible. Landlord agrees that during the Term of the Lease it will not make any changes to the Building or Common Areas that: a] knowingly and 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 Parking Facility at one or more times during the Term, which expansion will in some way affect access to the Parking Facility provided, however, that there will be constructed by no change to the Sublessor number of parking spaces available to Tenant, although said spaces can be made available to Tenant in accordance with the terms hereof and the land area appurtenant thereto comprising approximately an alternative parking location, which alternative parking location will be no more than a five (5) acres, which land area shall consist of a portion of the 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 minute walk from the Building and Common Facilitiesand, if it is more than a five (5) minute walk, then Landlord will provide (at no cost to Tenant) a shuttle service that will be scheduled to run no less than every ten (10) minutes between the “Lot”)hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, with the presentexception of holidays; or, 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 c] materially impair Tenant’s ability 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAAuthorized Use.

Premises. The Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises consists set forth in Section 2 of the Building Summary, together with all rights, privileges, access to Premises through parking easements and appurtenances belonging or in any way pertaining thereto ("Premises"). The outline of the Premises is set forth in Exhibit "A" and Exhibit "A-1" attached hereto and made a part hereof. Each floor of the Premises has the number of rentable square feet as set forth in Section 2 of the Summary. The parties hereto agree that this Lease of the Premises is made upon and subject to the terms, covenants and conditions herein set forth. Tenant and Landlord covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by them to be constructed by kept and performed and that this Lease is made upon the Sublessor in accordance with condition of such performance. The parties hereto acknowledge that the terms hereof together with purpose of Exhibit "A" and Exhibit "A-1" is to show only the right, appurtenant thereto to the exclusive use approximate location of the Common Facilities to be constructed by Premises in the Sublessor "Building," as that term is defined in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion Section 2 of the 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 Summary. 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 "A" and Exhibit D hereof. The Lot is located within "A-1" are not meant to constitute an agreement, representation or warranty about 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 construction of the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use precise area thereof or the entrances, exits and roadways specific location of the Tradeport designated by "Common Areas," as that term is defined in Section 1.3 below, or the Xxxxx Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion elements thereof or of the Lot, such portion being known as 200 International Drive, pursuant accessways 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 or the "Project," as that term is defined in Section 1.2 below. Except as specifically set forth in this Lease Amendment, or in the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is Work Letter 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 made a part of this Lease and as Exhibit "B," Landlord shall not be designated obligated to provide or pay for any improvement work or services related to the developer and lessee improvement of the land area designated as 160 International Drive (Premises. Xxxxxx also acknowledges that neither Landlord nor any agent of Landlord has made any representation or such portion thereof as comprises warranty regarding the Lot and is otherwise necessary to construct condition of the Premises, the Building and Common Facilities) (ii) to amend or 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA Project or with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend suitability of any of the 200 Ground Lease to include land area in addition to that necessary foregoing for the Lot conduct of Xxxxxx's business, except as specifically set forth in this Lease or otherwise to construct the Building and Common Facilities Work Letter. Tenant shall accept the Premises in order to allow Sublessor to construct in the futuretheir presently existing "AS-IS" condition, 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 provisions of such additional land area will not result in any delay in the permitting or construction Article 7 of the Premises in accordance with Lease and the 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, the forms, terms and conditions provisions 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 the PDAWork Letter.

Premises. Landlord hereby leases to Tenant, and Tenant hires from Landlord those certain Premises with the appurtenances, situated in the City of Santa Clara, County of Santa Clara, State of California, commonly known and xxxxgnated as 2431 Misxxxx College Boulevard consisting of a three story building ox 00,000 xxxxxxxx xxxxxx xxxx ("Building") as outlined in red on Exhibit "A" attached hereto, and all improvements located therein including but not limited to parking areas and structures, landscaping, loading docks, sidewalks, service areas and other facilities. The Premises consists Building is situated within a project site shared with three additional buildings owned by Landlord as outlined in green on Exhibit "A" ("Project"). Tenant shall be entitled to use (on a non-assigned basis) its Allocable Share (as defined in Lease section 8.E. below) of the parking stalls within the project, which shall not be less than 280 parking spaces. Notwithstanding the foregoing, Tenant shall be allowed to designate approximately 9 parking stalls as Tenant's "Visitor" parking near the lobby of the Building in the location depicted on Exhibit "A". Tenant acknowledges Landlord's right to be constructed and hereby consents to construction of additional building(s) within the Project or on adjacent land owned by Landlord. The Building has the Sublessor address and contains the square footage specified above; provided, however, that any statement of square footage set forth in accordance with this Lease, or that may have been used in calculating any of the economic terms hereof together with is an approximation which Landlord and Tenant agree is reasonable and no economic terms based thereon shall be subject to revision whether or not the rightactual square footage is more or less. Tenant's leasehold interest in the Premises, appurtenant thereto which is the entire Building, includes, without limitation, the utility raceways and risers and the rooftop of such Building. Notwithstanding the foregoing, Tenant agrees and acknowledges that Landlord shall have non-exclusive access to the exclusive and use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof any and the land area appurtenant thereto comprising approximately five (5) acresall mechanical, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) electrical, telephone and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building similar rooms, janitor closets, elevators, pipe and Common Facilities) (the “Lot”)other vertical shafts and ducts, the present, planned location flues 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 stairwells 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 Premisesextent that such access and use is required (A) to comply with Landlord's obligations under this Lease, in common with other Tradeport tenants and occupants and authorized users the right (B) 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 enforce Landlord's rights under this Lease and be designated (C) to otherwise protect Landlord's interest in the developer and lessee Building. In connection with any of the land area designated as 160 International Drive (or foregoing activities of Landlord, Landlord shall use reasonable efforts while conducting such portion thereof as comprises the Lot activities to minimize any interference with Tenant's use and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion occupancy 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAPremises.

Premises. The Premises consists (a) Licensor hereby grants to Licensee the following rights (collectively “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 (“Tower”), including one or more antennas at a centerline height of 29 feet above ground level on the Building to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acresTower, which land area shall consist 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 (“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 Twelve (12) square foot portion of the land currently leased by Sublessor pursuant to Property identified as 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) operations site on Exhibit “B” attached hereto (the “Lot”)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 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 “Premises”. (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premisesb) Licensor also grants Licensee, in common with other Tradeport tenants and occupants and authorized users the right Permittees entitled to use the entrancessame, 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 exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and Sublessee in substantially any Renewal Term (as hereinafter defined) for the form purpose of Exhibit J attached hereto installing and maintaining the equipment (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicablehereinafter defined). The terms of such amendment 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct Premises, as well as other provision contained in the future, additional buildings Agreement. (c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and improvements (subject to the terms and conditions hereof). Sublessee agrees that it has visited and inspected the Premises Ground Lease Amendment may include such additional land so long as (i) and hereby accepts the Ground Lease is not terminable physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the Lot should Sublessor fail condition or suitability of the Premises, including the Tower, or as to construct improvements any engineering or other than operational data. Licensee is solely responsible for determining all aspects as the Building suitability, acceptability, accuracy and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction adequacy of the Premises for Licensee’s intended use. (d) Licensor shall have the right, with no less than thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within the Property, at Licensee’s sole cost expense, provided, however, that the area to which the Premises are relocated, whether in accordance with the terms hereof. Sublessor agrees that it shall not commence construction building or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Tower, shall be substantially similar in size and functionality to the Ground Lease until the Delivery Date. Subject to the foregoing, 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 the PDAPremises.

Premises. The Premises consists of the Building Subject to be constructed by the Sublessor and in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A. Tenant agrees that, except as expressly stated herein, 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 otherwise expressly provided in this Lease, Tenant 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, AND TENANT IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES PURPORTEDLY MADE BY LANDLORD, ITS AGENTS OR EMPLOYEES. Tenant shall also have the non-exclusive right, subject to the terms hereof together with 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, appurtenant thereto in its sole discretion, at any time and from time to time, to include the exclusive use 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 Common Facilities Areas, as long as the Premises remain reasonably accessible. Notwithstanding anything to be constructed by the Sublessor contrary contained herein, the parties acknowledge that Tenant is currently in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion possession of the land currently leased by Sublessor Premises 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) Sublease Agreement dated October 11, 2017 (the “LotENSCO Sublease”)) between Tenant and ENSCO International Incorporated (“ENSCO”) and accordingly, 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 Landlord has no delivery obligations 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 respect to the Premises. The office lease between ENSCO and Landlord pursuant to which the ENSCO Sublease is subordinate, in common with other Tradeport tenants was terminated effective as of October 31, 2020. Accordingly, as between Landlord and occupants and authorized users Tenant, 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, ENSCO Sublease is terminated pursuant to that certain Consent to Sublease dated April 5October 20, 2001 by 2017 between Landlord, Tenant 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAENSCO.

Premises. The Premises consists (a) Landlord, in consideration of the Building rent to be constructed paid and the covenants to be performed by Tenant, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises designated in Section 1.01(d) hereof (hereinafter referred to as the Sublessor “Premises”) in accordance with the regional retail development commonly known as “The Gardens”, situated in the City of Palm Beach Gardens, Palm Beach County, Florida, subject to covenants, restrictions and easements of record and the terms hereof together with the rightand provisions of that certain Ground Lease, appurtenant thereto dated June 14, 1984, between The Gardens Venture, L.L.C., successor to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTrustees under Trust Agreement, which land area shall consist of a portion of the 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”)dated December 28, the present1983, 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 PDAMacArthur Liquidating Trust, as lessorLessor, and SublessorLandlord, as lessee Lessee, as amended (hereinafter referred to 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 certain Reciprocal Easement and complete copy Operating Agreement now or hereinafter entered into by Landlord with the lessees of the 200 Ground Lease Department Store Sites. It is attached hereto agreed that the term “The Gardens” as used herein shall mean and refer to the Nordstrom Site, the Macy’s Site, the Bloomingdale’s Site, the Saks Site, the Sears Site and the Shopping Center, all as shown on the site plan which is set forth on pages 1 and 2 of Exhibit C “A” hereto, and that truelegal descriptions of which are set forth on Exhibit “B” hereto. It is agreed that, correct wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Nordstrom Site, the Macy’s Site, the Bloomingdale’s Site, the Saks Site and complete copies of the Sears Site, except as otherwise specifically stated herein. In the event Landlord elects to enlarge the Shopping Center and/or The Gardens, any documents or plans referenced additional area may be included by Landlord in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after definition of the date hereof, Sublessor shall use its best efforts to (i) seek approval Shopping Center and/or The Gardens for purposes of this Lease Lease. Landlord shall also have the right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be designated accordingly adjusted. (b) The exterior walls and the developer roof of the Premises and lessee the area beneath the Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Premises serving other parts of the Shopping Center, is hereby reserved unto Landlord. Landlord reserves an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Premises, and below the floor of the Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease. (c) Landlord reserves the right at any time, and from time to time, to make alterations to, and to build additional stories on the building in which the Premises are located, and to construct other buildings and improvements in the Shopping Center, including any modifications of the common areas in connection therewith, to enlarge or reduce the Shopping Center, to add decks or elevated parking facilities, and to sell or lease any part of the land area designated comprising the Shopping Center, as 160 International Drive (or such portion thereof as comprises shown on Exhibit “A”, for the Lot and is otherwise necessary to construct the Building and Common Facilities) (iiconstruction thereon of a building(s) to amend the 200 Ground Lease to include that portion be occupied by a Department Store(s) which may or may not be part of the Lot not presently leased Shopping Center. Landlord also reserves the right at any time, and from time to Sublessor under time, to change, modify, or abolish any temporary off-site utility serving the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form Shopping Center. The purpose of Exhibit J attached hereto (“A” is to show the approximate location of the Premises within the Shopping Center and Landlord reserves the right at any time to relocate, reduce, enlarge, or reconfigure the various buildings, parking areas and other common areas shown on Exhibit “PDA Non-Disturbance AgreementA”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment Tenant hereby consents to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion exercise by Landlord of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms rights set forth in this Section 2.01(c) and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 exercise of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it rights by Landlord shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) diminish Tenant’s obligations under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, 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 the PDALease.

Premises. The Premises consists In consideration of the Building obligation of Tenant to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease pay Rent (defined below) as herein provided and a portion in consideration of the land area designated 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, the 179,754 square feet of Rentable Area (subject to the provisions of Sections 2.04 and 2.05 below) which is hereby stipulated and for all purposes hereof agreed to be as 160 International Drive stated in 1.01(c) above and as reflected on the floor plan(s) attached hereto as Exhibit "A" and incorporated herein for all purposes (or such portion thereof space so leased to Tenant is herein called the "Premises") located in the building known as is necessary One Colinas Crossing (subject to construct the Building and Common Facilitiesprovisions of Section 7.06(a) below) ("Building") as set forth in Article 1.01(b) and situated on the “Lot”)tract of land ("Land") described in Exhibit "B-1" attached hereto and incorporated herein for all purposes (the Building, the presentLand, planned location and configuration of which are the parking garage ["Parking Garage"] and parking area [collectively, "Parking Facilities"] located on the Land and shown on the conceptual site plan attached hereto as Exhibit A. The parties "B-2" ["Site Plan"] 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 and Tenant acknowledge and agree that the final locationProject specifically does not include the land shown on the Site Plan which is described on Exhibit "B-3" ("Xxxxxxxx Xxxx") xxx the improvements thereon, configuration a portion of which Adjacent Land is owned by Landlord and area a portion of which is subject to certain agreements between Landlord and Tenant as set forth in this Lease and in the BuildingDevelopment Agreement (defined below). The Land and the Adjacent Land, Common Facilities and Lot the improvements thereon, comprise the complex commonly referred to as Colinas Crossing ("Complex"). Subject to the terms of this Lease, Tenant shall be subject entitled 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 following as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant appurtenances 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 the Parking Facilities and be designated the developer and lessee other areas of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot Project in accordance with Section 17.11 and is otherwise necessary Exhibit "F" to construct the Building and Common Facilities) this Lease, (ii) to amend the 200 Ground Lease to include that portion roof of the Lot not presently leased to Sublessor under Building and/or the 200 Ground LeaseParking Facilities in accordance with Sections 7.09 and 7.10 hereof, (iii) to cause riser space in 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion core of the Lot Building pursuant to Section 7.07 hereof, (iv) for Tenant's exclusive use, the restrooms on floors leased entirely by Tenant and, for Tenant's nonexclusive use, the restrooms on floors partly, but not presently entirely, leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except by Tenant, (v) for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements Tenant's nonexclusive use (subject to the terms and conditions hereofother provisions of this Lease). 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, terms telephone 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 the PDA.electric closets on floors leased

Premises. The Premises consists For purposes of this Article SEVENTEEN, a Tenant shall be deemed to be subletting "substantially all of the Building to be constructed by premises" if the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use Affected Premises constitutes seventy five (75%) percent or more of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion rentable square footage of the land currently leased by Sublessor pursuant to premises. (d) If the 200 Ground Lease Landlord exercises the option set forth in paragraph (defined belowc) 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 above to terminate this lease in its entirety, then (i) the term of this Lease lease shall end 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA expire with respect to the Building and 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 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 entire premises on the Lot ninetieth (90th) day following the date of Landlord's Notice and (ii) the inclusion Tenant shall surrender the entire premises to the Landlord on such date, in the same manner and condition as is required by this lease, as if such date were the Expiration Date set forth in this lease, and (iii) fixed rent and additional rent shall be apportioned as of such additional land area will not result expiration date. If required pursuant to the terms of any ground lease or any fee or leasehold mortgage affecting the building or premises, instead of terminating the lease, the Landlord may, at its option, elect to have the Tenant assign all of its right, title and interest in and to this lease to the Landlord, such assignment to be effective as of the date such lease termination would be effective and otherwise on the terms and conditions set forth in this paragraph (d). Upon such assignment, the Tenant shall be relieved of all liability accruing under this lease after the effective date of such assignment, and the Landlord may thereafter further assign this lease or sublet all or part of the premises to any delay party and the Tenant shall have no right to any proceeds derived from such assignment or subletting. In no event shall the provisions of this paragraph (d) relieve the Tenant of any obligations which accrued prior to the termination of this lease or the assignment to the Landlord, as the case may be. (e) If the Landlord exercises the option set forth in paragraph (c)(ii) above to terminate the lease with respect to the Affected Premises, then (i) the term of this lease shall end and expire with respect to the Affected Premises on the ninetieth (90th) day following the date of the Landlord's Notice and (ii) the Tenant shall surrender the Affected Premises to the Landlord on such date, in the permitting same manner and condition as is required by this lease, as if such date were the Expiration Date set forth in this lease and (iii) fixed rent and additional rent with respect to the Affected Premises shall be apportioned as of such Expiration Date and the Tenant's prospective rent obligations which are based on square footage (including, without limitation, fixed rent and additional rent payable pursuant to Article THIRTY of this lease) shall be reduced accordingly, and (iv) the Landlord at its own expense (or construction at the Tenant's expense, if the cost thereof was to be the Tenant's pursuant to the Tenant's Notice), shall erect the partitioning required to separate the Affected Premises from the remainder of the premises, create any doors required to provide an independent means of access to the Affected Premises from elevators and lavatories and segregate the wiring and meters and electric current facilities, so that the Affected Premises may be used as a unit for commercial purposes, separate from the remainder of the premises. If the remaining premises contain the core lavatories, the occupant of the Affected Premises shall have the right to use such lavatories in common with the Tenant. If the Tenant performs such work, it shall commence such work promptly upon receipt of Landlord's Notice and shall proceed to complete such work in a diligent and workmanlike manner. If required pursuant to the terms of any ground lease or any fee or leasehold mortgage affecting the building or premises, instead of terminating the lease with respect to the Affected Premises, the Landlord may, at its option, elect to have the Tenant assign all of its right, title and interest with respect to the Affected Premises to the Landlord, such assignment to be effective as of the date such lease termination would be effective and otherwise on the terms and conditions set forth in this paragraph (e). Upon the assignment of the lease to the Landlord with respect to the Affected Premises, the Tenant shall be relieved of all liability accruing under this lease with respect to the Affected Premises after the effective date of such assignment, and Landlord may further assign the lease or sublet all or part of the Affected Premises to any party and the Tenant shall have no right to any proceeds derived from such assignment or subletting. In no event shall the provisions of this paragraph (e) relieve the Tenant of any obligations with respect to the Affected Premises which accrued with respect to the Affected Premises prior to the termination of the lease or the assignment to the Landlord, as the case may be. (f) In the event the Landlord does not elect either of the alternatives set forth in paragraph (c) (i) or (ii) above, or in the event the Landlord fails to timely deliver the Landlord's Notice, the Landlord agrees not to unreasonably withhold or delay its consent to any proposed assignment or subletting, provided, however, that the Landlord shall have the right to condition its consent to any proposed assignment or sublease on the following: (1) No Event of Default shall have theretofore occurred and be continuing under this lease. (2) The Tenant shall have delivered to the Landlord the Tenant's Notice as required by paragraph (b) above. (3) With respect to a sublease, the Tenant shall collaterally assign to the Landlord, and grant the Landlord a security interest in, the sublease and the rents payable thereunder and shall take all necessary steps required to perfect such assignment and security interest. (4) The sublease shall include provisions to the effect that (i) if the Landlord shall notify the sublessee that the Tenant is in default in the payment of rent or in the performance of its other obligations under this lease, which default has continued beyond the applicable notice and cure period therefor, and summary proceedings have been commenced by the Landlord against the Tenant by reason thereof, the subtenant shall, if so requested by the Landlord, pay all rent and other amounts due under the sublease directly to the Landlord, (ii) notwithstanding any such payment by the subtenant directly to the Landlord, the term of the sublease shall terminate simultaneously with the termination of the term of this lease and the subtenant shall surrender the subleased premises upon such termination, (iii) the sublease shall be subject and subordinate to this lease and to all matters to which this lease is or shall be subordinate, and (iv) any act or omission by the subtenant which, if performed by the Tenant would constitute an Event of Default under the lease, shall also constitute an Event of Default under the sublease. (5) The proposed subtenant or assignee shall have a financial standing, be of a character, be engaged in a business, and propose to use the premises in a manner, which in the Landlord's reasonable judgment, is in keeping with the Landlord's standards in such respect of the other office tenancies in the building. (6) Provided comparable space is then available for lease by the Landlord in the building, or the Landlord reasonably expects comparable space to become available within the next four months, the proposed assignee or subtenant shall not then be a tenant, subtenant or assignee of any space in the building, nor shall the proposed subtenant or assignee be a person or entity with whom the Landlord is then negotiating to lease space in the building. (7) The premises may be listed with a broker for any rental rate, but shall not, without the Landlord's prior consent, which consent shall not be unreasonably withheld or delayed, be otherwise publicly advertised for subletting at a rental rate less than the prevailing asking rental rate then set by the Landlord for comparable space in the building, and if no comparable space is then available, at the prevailing rental rate set by the Landlord. (8) The character of the business to be conducted or the proposed use of the premises by the proposed assignee or subtenant shall not (i) be likely to materially increase the Landlord's operating expenses beyond that which would be incurred for use by the Tenant or materially for use in accordance with the terms hereof. Sublessor agrees that it shall not commence construction standards of use of other tenancies in the building, (ii) materially increase the burden on elevators over the burden prior to such proposed assignment or development subletting, (iii) unreasonably interfere with the use and enjoyment by other tenants in the building of their premises, or (iv) violate any additional buildings provisions or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant restrictions contained herein relating to the Ground Lease until use or occupancy of the Delivery Date. Subject premises. (9) Any proposed sublease shall provide that in the event of the termination of this lease, or the re-entry or dispossession of the Tenant by the Landlord under this lease, such subtenant shall, at the Landlord's option, attorn to the foregoing, 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 Landlord 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 the PDA.its

Premises. The Premises consists of 2.1 Commencing on January 17 1998 (the Building to "AP Commencement Date") there shall be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto added to the exclusive use Original Premises those certain premises consisting of approximately 12,214 rentable square feet located at 0000 Xxxxxx Xxxx, Xxxxx 000 (the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres"Additional Premises"), which land area shall consist of a portion of the 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 Additional Premises are shown depicted on the conceptual site plan (building plan, etc.) attached hereto and made a part hereof as Exhibit A. The parties agree Tenant hereby acknowledges that the final location, configuration and area Additional Premises are presently being occupied by Four 11 Corporation (the "Existing Tenant"). Landlord's delivery to Tenant of possession of the BuildingAdditional Premises by January 17, Common Facilities 1998 is contingent upon the Existing Tenant vacating the Additional Premises and Lot surrendering possession thereof to Landlord by January 9, 1998. If Landlord cannot deliver to Tenant possession of the Additional Premises broom clean but without any tenant improvements of any kind or nature on January 17, 1998, Landlord shall neither be subject to approval any liability nor shall the validity of Sublessor the Lease be affected; provided, the Lease Term applicable to the Additional Premises shall commence on the date possession is tendered and Sublessee in accordance with Article 3 no event shall the Expiration Date be extended. Accordingly, the date Landlord is to deliver the Additional Premises, namely Please Initial January 17, 1998, shall only be extended to a date later than January 17, 1998 if Landlord fails to tender to Tenant possession of the Additional Premises broom clean but without any tenant improvements of any kind or nature being made thereto solely due to the Existing Tenant failing to vacate and Exhibit D hereofsurrender possession of the Additional Premises to Landlord prior to January 9, 1997. The Lot is located within Upon Landlord's delivery to Tenant of possession of the former Xxxxx Air Force Base as more particularly described in Additional Premises broom clean but without any tenant improvements being made there to of any kind or nature, Tenant shall promptly deliver written notice to Landlord confirming same (however, any failure by Tenant to deliver to Landlord such written notice shall not affect the hereafter defined Ground Lease (effectiveness of the “Tradeport”Lease). 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 By taking possession 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 Additional 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 broom clean without any tenant improvements of any documents kind or plans referenced in nature being made thereto, Tenant shall be deemed to have accepted 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Additional Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development good condition and state 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, 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 the PDArepair.

Premises. The Premises consists (a) Licensor hereby grants to 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 350 feet above ground level on the Building to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acresTower, which land area shall consist 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 twenty (20) square foot portion of the land currently leased by Sublessor pursuant to Property identified as 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) operations site on Exhibit “B” attached hereto (the “Lot”)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 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 “Premises”. (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premisesb) Licensor also grants Licensee, in common with other Tradeport tenants and occupants and authorized users the right Permittees entitled to use the entrancessame, 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 exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and Sublessee in substantially any Renewal Term (as hereinafter defined) for the form purpose of Exhibit J attached hereto installing and maintaining the equipment (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicablehereinafter defined). The terms of such amendment 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct Premises, as well as other provision contained in the future, additional buildings Agreement. (c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and improvements (subject to the terms and conditions hereof). Sublessee agrees that it has visited and inspected the Premises Ground Lease Amendment may include such additional land so long as (i) and hereby accepts the Ground Lease is not terminable physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the Lot should Sublessor fail condition or suitability of the Premises, including the Tower, or as to construct improvements any engineering or other than operational data. Licensee is solely responsible for determining all aspects as the Building suitability, acceptability, accuracy and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction adequacy of the Premises for Licensee’s intended use. (d) Licensor shall have the right, with no less than thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within the Property, at Licensee’s sole cost expense, provided, however, that the area to which the Premises are relocated, whether in accordance with the terms hereof. Sublessor agrees that it shall not commence construction building or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Tower, shall be substantially similar in size and functionality to the Ground Lease until the Delivery Date. Subject to the foregoing, 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 the PDAPremises.

Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, throughout the Term (as hereinafter defined), the premises ("PREMISES") consisting of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to (i) for the exclusive use of Tenant, that certain room within the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 building located on the conceptual site plan Property designated on the floorplan attached hereto as Exhibit A. The parties agree that "C", (ii) for the final locationreasonable use by Tenant in common with all others lawfully entitled to use the Property, configuration the common passageways, restrooms and area public facilities described in Exhibit "C" attached hereto, (iii) for the use by Tenant in common with all others lawfully entitled to use the Property, the parking lot located on the Property (provided, however, for so long as the 1150 Lease remains in effect, Tenant's use thereof shall be limited to a reasonable number of parking spaces for use by personnel of Tenant and its business invitees), (iv) for the use by Tenant in common with all others lawfully entitled to use such portion of the BuildingProperty, Common Facilities the freestanding AM transmission tower that was in existence on April 10, 1980 for the purpose of maintaining thereon an FM transmission antenna and Lot shall be subject cabling connecting the FM transmission antenna to approval an FM transmitter, (v) for the use by Tenant in common with all others lawfully entitled to use such portion of Sublessor the Property, the property upon which Landlord maintains an easement for coaxial cable between the FM transmitter 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 FM transmission antenna described in clause (iv) above, as reserved by Landlord pursuant to Section (d) of the hereafter defined Ground Lease Reserved Rights and Privileges (i.e., Section l(d) of the “Tradeport”1150 Lease), (vi) for the use by Tenant in common with all others lawfully entitled to use the Property, such portions of the Property as shall afford Tenant, its personnel and its business invitees reasonable ingress and egress (including vehicular ingress and egress across portions of the Property suitable for vehicular use) between Montecito Drive and all portions of the Premises and between any portion of the Premises and any other portion of the Premises, (vii) for the use by Tenant in common with all others lawfully entitled to use such portion of the Property, the space on the telephone pole for the existing auxiliary antenna, (viii) for the use by Tenant in common with all others lawfully entitled to use such portion of the Property, the existing coaxial cable, along with the path upon which such cable runs, between the Station transmitter and the auxiliary antenna referred to in clause (vii) above and (ix) for the use by Tenant in common with all others lawfully entitled to use such portions of the Property, all other portions of the Property that are currently utilized by Landlord in connection with its broadcasting operation. Sublessee shall have as a right appurtenant For the purpose of further establishing the rights of Tenant in and to the Premises, and without in common with other Tradeport tenants any way limiting such rights, Landlord hereby grants to Tenant non-exclusive easements over the Property, and occupants all portions thereof, as shall be necessary or appropriate to enable Tenant to enjoy full use (as permitted by this Lease) of and authorized users the right access to use the entrances, exits and roadways from all portions of the Tradeport designated by the Xxxxx Development Authority (“PDA”) for common use at the TradeportPremises. Sublessor presently leases a portion Such easements shall terminate upon expiration or earlier termination 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDATerm.

Premises. 3.1 The Premises consists landlord identified in Section 1.2 ("the Landlord") hereby leases to the tenant identified in Section 1.2 (the "Tenant") and the Tenant hires from the Landlord, the Store, together with all appurtenances (collectively, the "Premises"). Tenant has entered into this Lease in reliance upon the agreement of the Building to Landlord that the Shopping Center is and will remain retail in character, and, further, no part of which shall be constructed by the Sublessor in accordance with the terms hereof together with the rightused as a nightclub, appurtenant thereto to the exclusive use bar, theater, auditorium, meeting hall, school, or other place of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof public assembly, gymnasium (excluding aerobics studios and the land area appurtenant thereto comprising approximately five weight clinics of less than 3,000 square feet), dance hall, billiard or pool hall, massage parlor, video game arcade, bowling alley, skating rink, car wash, night club or adult book or adult video tape store, (5) acres, which land area shall consist of are defined as stores a substantial portion of the land currently leased by Sublessor pursuant inventory of which is not available for sale or rental to children under 15 years old because it explicitly deals with or depicts human sexuality). No restaurant (except the 200 Ground Lease Ponderosa Steak House presently located in the Shopping Center) shall be permitted in the Shopping Center within five hundred (defined below500) and a feet of the Store or in any other portion of the land area designated Shopping Center without prior Tenant consent. 3.2 The Store thus demised and leased unto the Tenant is not a separate parcel of real property. In the event the Store is less than the size specified in Section 1.3, Minimum Rent and other charges shall be proportionately reduced, but this shall not be construed as 160 International Drive (permitting a material variance in dimensions or such portion thereof as is necessary to construct area. 3.3 Landlord warrants that 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. "B" (the "Site Plan") depicts the land described in Exhibit "A" Part I and the improvements thereon. The parties agree that the final location, configuration and area buildings depicted thereon contain no more than one (1) story (but mezzanines having Leasable Floor Area not in excess of one third (1/3) of the Buildingoccupant's ground floor Leasable Floor Area, Common Facilities and Lot when not used for sales floor p u rposes shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofpermitted). The Lot Site Plan is located within a material consideration for the former Xxxxx Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee Tenant entering into this Lease, and no change, alteration, or addition shall have as a right appurtenant be made to the PremisesSite Plan, in common with other Tradeport tenants and occupants and authorized users the right including but not limited 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 Common Areas, methods of ingress and egress, direction of traffic, lighting, curbing and building heights and stories without the express written consent of the Tenant. 3.4 No construction shall be permitted in the Shopping Center, except for emergency repairs diligently pursued, during the period from October 1st to December 31st of any year, without the prior written consent of the Tenant, which consent may include conditions designed to eliminate interference with the operation of the Shopping Center or the effect of such construction upon the Tenant's business. 3.5 Upon execution of this Lease, that certain lease between Landlord and Tenant dated December 30, 1972, as approved by the PDApreviously amended from time to time, shall be cancelled, terminated, discharged and superseded.

Premises. (a) The Premises consists demised by this Lease (the “Premises”) will consist of a “Rentable Area” of approximately 150,000 gross square feet in above-ground office space, which constitutes the Building entire rentable area of two interconnected buildings (collectively referred to herein as the “Building”) to be constructed by Landlord as part of the Sublessor Annapolis Point Corporate Center mixed use development in accordance with Axxx Arundel County, Maryland (the terms hereof “Project”), which building is to be known as One Annapolis Point, together with the right, appurtenant thereto right throughout the Term of this Lease to use parking facilities and other Common Areas (as defined herein) all as more particularly set forth herein. The parties agree that the exclusive use name of the Common Facilities Project may be changed by Landlord at any time prior to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist Substantial Completion of a portion construction of the Building. The 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 upon which the Building and Common Facilities) is situated (the “LotLand”), the present, planned location and configuration of which are shown ) is depicted on the conceptual site plan attached hereto as Exhibit A. B (the “Site Plan”) and incorporated herein by reference, and labeled thereon as the “Land”. The parties agree that the final location, configuration Land and area of the Building, Common Facilities together with the rights of the owner of the Land and Lot Building in and to the surface parking facilities serving, inter alia, the Building are collectively referred to herein as the “Property”. The Premises is depicted in the drawing attached hereto as Exhibit A and incorporated herein by reference. Upon completion of design development drawings for the Building, the Premises will be measured in accordance with the most recent BOMA standard method of measurement. (b) The “Rentable Area” of each of the Premises and Building 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 readjustment or re-measurement in the hereafter defined Ground Lease event of casualty or condemnation that requires a reconstruction or restoration of the Building or a part thereof, or by any contraction of the Premises (such as due to the “Tradeport”). Sublessee shall have as exercise by Landlord of a right appurtenant of recapture provided for hereunder), in each case with such re-adjustment or re-measurement to be limited solely 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 PDAPremises or Building, as lessorthe case may be, 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAdirectly affected thereby.

Premises. The Premises consists Seller shall sell and convey to Purchaser, and Purchaser shall purchase from Seller, upon the terms, covenants and conditions hereinafter set forth all of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the Seller’s right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor title and interest in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 the portfolio of this Lease and four (4) condominium units to 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject created by Seller pursuant to the terms and conditions hereofof Article 21 hereof (and which currently consists of three (3) retail units, one (1) parking garage and storage space) (collectively, the “Units”). Sublessee agrees that , which Units are part of the Premises Ground Lease Amendment may include such additional land so long condominium known as River Lofts Condominium (i) the Ground Lease is not terminable “Condominium”), all as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities shown on the Lot floor plans for the Units, as set forth in the declaration, as the same shall be modified pursuant to Article 21 (the “Declaration”), the said Units together with the common elements and/or limited common elements appurtenant to each such Unit, all as set forth, or to be set forth, in the Amended Condominium Documents (hereinafter defined)(the “Common Interest”)(the Units and the Common Interest, collectively, the “Property”): (ii) the inclusion leases in effect with respect to the Units, a true and complete schedule of such additional land area will which leases are attached hereto as Exhibit A (collectively the “Leases”): and (iii) any equipment or fixtures attached or appurtenant to the Units, to the extent owned by Seller and not result in owned by the Condominium or by any delay in the permitting or construction of the Premises tenants of the Units (each, a “Tenant” and collectively, the “Tenants”, as the context requires), all in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development their presently existing “as is” condition and state of any additional buildings or improvements repair on the premises demised date hereof, subject to Sublessor reasonable wear and tear between the date hereof and Closing Date (or any affiliate thereofas hereinafter defined) under or pursuant to (collectively, the Ground Lease until the Delivery Date“Fixtures”). Subject to All of the foregoing, including the formsUnits, terms the Common Interest, the Leases and conditions of the Premises Ground Lease Amendment Fixtures, shall collectively be subject referred to herein as the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed“Premises”. Upon execution of The Units are located in the approved Premises Ground Lease Amendment, Sublessor building known as 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 the PDAstreet address 000-000 Xxxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (the “Building”).

Premises. The Premises consists Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all of the Building to be constructed by conditions set forth herein, real property situated in the Sublessor in accordance with the terms hereof together with the rightCity of Arden Hills, appurtenant thereto to the exclusive use County of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresXxxxxx, which land area shall consist State of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated Minnesota, commonly known as 160 International Drive (or such portion thereof Round Lake Business Center as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown cross-hatched on the conceptual site floor plan attached hereto as Exhibit A. A, initially comprising approximately 19,097 rentable square feet of area as depicted on Exhibit A, herein referred to as the “Premises”, including rights to the Common Areas as hereinafter specified which shall include rights to the use of the loading dock, related driveways and external staging areas as depicted in Exhibit A and the use of the roof area specified in Section 2.7 herein. The parties agree that Premises are a portion of a building, herein referred to as the final location“Building.” The Premises, configuration and area of the Building, the Common Facilities Areas, the land upon which the same are located, along with all other buildings and Lot shall be improvements thereon, are herein collectively referred to as the “Industrial Center”, and are legally described on the attached Exhibit A-1 entitled “Legal Description of Industrial Center”. Any statement of square footage set forth in this Lease or that may have been used in calculating Base Rent and/or Operating Expenses is an approximation which Lessor and Lessee agree is reasonable and the Base Rent and Lessee’s Share based thereon is not subject to approval of Sublessor revision whether or not the actual square footage is more or less. On or before January 15, 2002, Lessor, at its sole cost and Sublessee in accordance with Article 3 expense shall construct a south demising wall and Exhibit D hereof. The Lot is located within separate utility metering from 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 approximate 3,754 square foot southerly bay adjacent to the Premises. In addition, 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 PDALessee, 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject provided pursuant to the terms in Exhibit B attached hereto shall construct the leasehold improvements as set forth in the Leasehold Improvements Plans 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 Specifications and Common Facilities exhibits thereto, set forth on the Lot and (ii) attached Exhibit B. If Lessor is obstructed or delayed in the inclusion completion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with demising wall and separate utility metering work by flood or inclement weather, fire, earthquake, act of God, war, strike, picketing, boycott or lockout, governmental or legal intervention, governmental permit or zoning approvals, or any other cause beyond the terms hereof. Sublessor agrees that it control of Lessor, Lessor shall not commence construction or development have no liability of any additional buildings or improvements on the premises demised kind whatsoever to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions Lessee as a result 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 the PDAdelay.

Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the terms and conditions hereinafter set forth, those certain premises (the "Premises") presently known, as of the date of this Lease, as 4435 Xxxxxxx Xxxxx, xxtuated in the City of San Jose, Xxunty of Santa Clarx, Xxate of California, described as follows: for purposes of this Lease, the rentable square footage area of the Building shall be deemed to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately seventy-seven thousand eight hundred five (577,805) acres, which land area shall consist of a portion of the 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) square feet (the “Lot”"Building"), the present, planned location and configuration of which are as shown cross-hatched on the conceptual site plan (the "Site Plan') attached hereto as Exhibit A. "A". The parties agree that Building is located on a larger parcel "(the final location"Parcel") containing other buildings (the "Buildings") as shown on the Site Plan, configuration which Parcel is described in Exhibit "B" attached hereto. In the event Landlord subdivides the Parcel in the future into two (2) or more legal parcels, the term "Parcel" shall thereafter refer to the legal parcel on which the Premises are located. Landlord shall not be required to make any alterations, additions or improvements to the Premises and the Premises shall be leased to Tenant in an "as-is" condition, except Landlord shall complete, at Landlord's expense, minor, previously planned, structural improvements and modif ications required by the Americans with Disabilities Act (ADA) with regard to the existing Premises. Landlord shall not be responsible to pay for the cost of any improvements required to comply with ADA which is a result of any work of improvement to the Premises initiated or completed by Tenaxx. Xx Landlord's Work is not completed prior to Commencement Date, Tenant shall cooperate with Landlord and Landxxxx'x xontractor in the performance of Landxxxx'x Xork. To the extent Landxxxx'x xork interferes with Tenant I a use of the premises, the Monthly Installment of rent shall be reduced during the period of such interference in proportion to the square footage of the 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 which is not terminable as to usable by Tenaxx xxxing the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion performance of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDALandxxxx'x Xork.

Premises. The Premises consists of Landlord does by these presents demise and lease unto the Building to be constructed by the Sublessor in accordance with the 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 Tenant and the land area appurtenant thereto comprising approximately five (5) acresTenant does hereby hire from the Landlord, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) upon 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereofprovisions of this Lease for the term hereinafter set forth, the following premises (hereinafter sometimes called the "Demised Premises"): approximately Sixteen Thousand Six Hundred Eighty-three (16,683) rentable square feet of space in the Property, all as more particularly shown on the plan attached hereto as EXHIBIT A, as well as the right to use in common with other tenants Thirty-three and 2/10 percent (33.2%) of the parking spaces provided for the Building (as hereinafter defined). Sublessee agrees that The Demised Premises are demised and leased subject to: (a) The rights of parties in possession and the Premises Ground Lease Amendment may include such additional land so long existing state of title thereof 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 delay in the permitting or construction of the commencement of the term of this Lease; (b) All zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction; and (c) Taxes, assessments, easements, claims of easements and encumbrances, as of the date of commencement of the term of this Lease. The Demised Premises in accordance are leased herewith together with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised right to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoinguse, in common with others entitled thereto, the formshallways, terms stairways, loading areas and conditions elevators, if any, necessary for access to, egress from and use of the Demised Premises. The Property in which the Demised Premises Ground Lease Amendment are situated may be sometimes referred to herein as the "Building". The Building, together with all other improvements situated upon the land known and numbered as 00 Xxxxxxx Xxxxx, Xxxxxxxxx, described in EXHIBIT B attached hereto and made a part hereof, shall be subject sometimes collectively referred 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 herein 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 the PDA"Landlord's Property."

Premises. The Premises consists of the Building (a) Landlord hereby leases to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 lessorTenant, and SublessorTenant hereby leases from Landlord, 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms term and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereofherein, to each and all of which Landlord and Tenant hereby mutually agree, those certain Occupied and Unoccupied premises (collectively "Premises", unless otherwise specifically noted), highlighted on Exhibit A attached hereto, which include APPROXIMATELY 35,000 RENTABLE SQUARE FEET OF OCCUPIED PREMISES (the exact square footage and load factor shall be determined by final space plan; said square footage shall not be less than 35,000 square feet). 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 delay in the permitting or construction The location of the Premises is commonly known as: 11850 Election Dr., Draper, UT 84020. (b) Tenant shall also xxxx xxx xxxxx xxxxxx xx xxxxx XX XDDITIONAL APPROXIMATE 15,000 SQUARE FEET OF "UNOCCUPIED PREMISES" as more specifically outlined in Article 4(a)(ii) herein. Finally, Tenant shall have a "Right of First Refusal" to further add to the Premises and Unoccupied Premises identified in this Lease, provided that such Right of First Refusal applies only to vacant and unrented space in the same building as the Premises and further provided that Tenant execute within five (5) business days, of written notice from Landlord, a lease for the additional space containing the same terms and conditions which have been agreed to by the prospective tenant other than Tenant (Advanta). (c) For purposes of this Lease, the Premises shall be measured in accordance with the terms hereofBuilding Owners and Management Association (BOMA) Method, American National Standard (ANSI Z65.1-1980, reaffirmed 1989) of floor measurement. Sublessor agrees that it Landlord 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 foregoingprovide, upon Tenant's request, the forms, terms calculations which show how the Total Rentable Area of the Building and conditions Rentable and Useable Area of the Premises Ground Lease Amendment were derived. (d) In addition, the Premises shall be subject include the appurtenant right to use, in common with others, the prior written approval site, parking and landscaped areas. Landlord shall provide Tenant 6 NON-RESERVED PARKING STALLS PER 1,000 RENTABLE SQ. FT. OF OCCUPIED PREMISES (approximately 210 non-reserved parking stalls at the Commencement Date of Sublessee, not this Lease) in the adjacent parking lots of the Premises; one (1) of the above parking stalls to be unreasonably withheld, conditioned or delayed. Upon execution reserved stalls per each 4,500 square feet of the approved Occupied 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 designated by the PDATenant.

Premises. The Premises consists Landlord is the owner in fee simple of that certain real property legally described on Exhibit "A" attached hereto and made a part hereof, which real property is located at: (INSERT ADDRESS, CITY AND STATE) _______________________, ________,_________ ("Real Property"). [ALTERNATE FOR SUBLEASES] Landlord is the Building lessee of that certain real property legally described on Exhibit "A" attached hereto and made a part hereof, which real property is located at: (INSERT ADDRESS, CITY AND STATE) _______________________, ________,_________ ("Real Property"). Landlord has leasehold title to the Real Property pursuant to that certain lease by and between _______________________ ("Prime Landlord") and Landlord as the tenant thereunder, dated as of _______________, a copy of which (with financial and other confidential information redacted by Landlord) is attached hereto as Exhibit "A-1" and made a part hereof ("Prime Lease"). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord certain premises to be constructed on the Real Property as herein provided, which shall contain approximately one thousand two hundred (1,200) square feet of interior sales floor area and that certain area which is approximately two thousand (2,000) square feet, located on the Real Property and designated "NationsRent Storage" on the site plan attached as Exhibit "B", hereinafter referred to as "NationsRent Storage Area" which premises are to be constructed by Landlord in the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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"B" and made a part hereof ("Site Plan"), configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance together 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 service drives located behind the Landlord's retail facility located on the Real Property ("Landlord's Retail Facility") for deliveries to the NationsRent Storage Area and roadways the right to use the "Common Areas" (as defined in Article 7 hereof) of the Tradeport designated by the Xxxxx Development Authority Real Property for their intended purposes (“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 effectcollectively, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”"Premises"). Sublessor represents Landlord and warrants to Sublessee Tenant agree that a trueneither party shall unreasonably block the service drives that are located behind the Landlord's Retail Facility, correct and complete copy except for temporary periods of time provided that same does not unreasonably interfere with the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of other party's business or operations. Landlord shall not obstruct or place any documents property or plans referenced other items 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 sidewalk, loading area or driveway directly in front of Tenant's Premises or materially block any of Tenant's signage. Landlord also grants Tenant the right to Sublessor under use the 200 Ground Lease, (iii) to cause sidewalks and loading area directly in front of 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 Ground Lease (the “Tenant's Premises Ground Lease Amendment”) shall provide for the addition display of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on Tenant's equipment and for loading and unloading Tenant's equipment, provided the same terms does not violate any codes, ordinances, regulations, local laws or any reciprocal easement and conditions except for ground rent operating agreement and construction obligations of Sublessor to the PDA covenants recorded with respect to the Building and Common FacilitiesReal Property. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area Any display of equipment other than directly in addition to that necessary for the Lot front of Tenant's Premises or otherwise to construct the 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, terms and conditions of the Premises Ground Lease Amendment NationsRent Storage Area shall be subject to the Landlord's prior written approval of Sublessee, not as to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor duration 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 the PDAlocation.

Premises. The Premises consists of the Building Upon and subject to be constructed by the Sublessor in accordance with the terms hereof together with the rightand conditions hereinafter set forth, appurtenant thereto Landlord leases to Tenant and Tenant rents from Landlord all of Landlord’s rights and interest in and to the exclusive use of “Premises” described below: (a) Premises: (i) Suite Number: 110 (estimate) (ii) Rentable Square Feet: 7,329 (estimate) (iii) Usable Square Feet: 7,329 (estimate) (b) Said Suite is in the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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) office building (the “LotBuilding”), the present, planned location and configuration of which are shown ) located or to be located 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 a ground leasehold estate (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 (“PDAGround Leasehold Estate”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to under 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 (defined in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (iArticle 34 below) seek approval of this Lease and be designated the developer and lessee of upon 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 described in substantially the form of Exhibit J attached A hereto (the “PDA Non-Disturbance AgreementLand”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable). The terms Building also includes the Pedestrian Connection Hallway constructed on an easement provided under the REA (defined in Section 34). The Premises are outlined in Exhibit A-1 attached hereto and made a part hereof for all purposes. (The Building and Ground Leasehold Estate collectively referred to herein as the “Project”). The rentable area and usable area, as outlined on Exhibit A-1, are subject to adjustment pursuant to this paragraph. The square footage set forth above is subject to adjustment based upon the exact square footage contained in the Premises once the Premises have been completed. Upon completion of such the Premises, Landlord will provide Tenant with an amendment outlining the exact square footage and the related adjustments to Minimum Rent and Tenant’s Proportionate Share of Additional Charges pursuant to Section 2.1 below; SUBJECT, HOWEVER, to the matters set forth on Exhibit B attached hereto, the Landlord’s Mortgage, the Medical Center Master Lease and the Ground Lease (the “Premises Ground Permitted Exceptions”), to have and to hold for a fixed term of twenty (20) years (the “Initial Term”) from and after the Commencement Date (hereafter defined) of the Lease Amendmentand continuing for any Extension Term properly and timely elected pursuant to Article 33 hereof. The “Term” of this Lease shall be the Initial Term and any Extension Term exercised by Tenant pursuant to terms hereof. The Commencement Date of this Lease (the “Commencement Date”) shall provide for be the addition of that portion first day of the Lot not presently leased first calendar month following the date on which Landlord has achieved Substantial Completion of Landlord’s Work (as defined in, and in accordance with, the work letter attached hereto and made a part hereof as Exhibit E) (the “Work Letter”). The taking of possession of the Premises by Tenant shall be conclusive as to Sublessor under Tenant’s acceptance of the Ground Lease to the premises currently leased thereunder on the same terms Premises and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area Landlord’s Work, subject in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject all respects to the terms of this Lease (including, without limitation, the Work Letter); provided, however, 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 delay in the permitting or construction of the Premises in accordance with the 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 notwithstanding the foregoing, the forms, terms and conditions Tenant’s taking of the Premises Ground Lease Amendment possession shall be subject not relieve Landlord from any obligation to the prior written approval of Sublessee, not complete or correct any work to be unreasonably withheldperformed or corrected by Landlord under the terms of this Lease, conditioned or delayed. Upon execution of all as provided in 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 the PDAWork Letter.

Premises. The (a) Tenant currently occupies the Suite 100/120 Premises consists and the Suite 925 Premises pursuant to the terms of the Building Lease and shall continue to occupy such portions of the Premises in their “as is” condition after the date hereof. (b) Within three (3) business days after the Effective Date of this Amendment, Landlord shall deliver the Suite 900 Premises to Tenant, and Tenant shall accept the Suite 900 Premises, in its “as is” condition on such delivery date, which date shall be constructed referred to herein as the “Suite 900 Commencement Date”. Any improvements, modifications or alterations required or desired by Tenant in connection with Tenant’s continued use and occupancy of the Sublessor Suite 100/120 Premises or the Suite 925 Premises or Tenant’s use and occupancy of the Suite 900 Premises shall be Tenant’s responsibility, and shall be made by Tenant, if at all, in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use provisions of the Common Facilities Lease, as amended by this Amendment; provided, however, Landlord shall make available the Improvement Allowance (as defined in Exhibit C attached hereto and incorporated herein by reference) to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 Tenant 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except set forth in Exhibit C. Landlord has no other obligation to make or perform or pay for ground rent and construction obligations any other improvement or alteration work in the Premises or in the Building in connection with the Amended Term. Tenant acknowledges that neither Landlord nor any agent of Sublessor to the PDA Landlord has made any representation or warranty with respect to the Building and 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 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 delay in the permitting or construction suitability of the Premises or the Building for the conduct of Tenant’s business. (c) Upon delivery of the Suite 900 Premises to Tenant, Landlord and Tenant shall execute a Confirmation of Suite 900 Commencement Date in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development form set forth in Exhibit D attached to this Amendment. (d) As of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Suite 900 Commencement Date, all references in the Lease, as amended by this Amendment, to the Ground Lease until the Delivery Date. Subject Premises that apply to the foregoingtime period on and after the Suite 900 Commencement Date shall be deemed to refer to all of the Suite 100/120 Premises, the formsSuite 925 Premises and the Suite 900 Premises; provided, however, Landlord and Tenant agree that the terms and conditions of the Premises Ground Lease Amendment shall be subject (and, specifically, Exhibits B-1 and B-2 to the prior written approval Lease) regarding Landlord’s Work and regarding the timing of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution delivery of possession of the approved Suite 100/120 Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary or the Suite 925 Premises or Tenant’s early access thereto do not apply to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration delivery of possession of the Lot as approved by Suite 900 Premises. (e) Section 3(e)(i) and Section 3(e)(iii) of the PDALease (which provided for Tenant’s vacancy and surrender of the Suite 100/120 Premises) are hereby deleted.

Premises. The Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightLandlord, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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, hereby leases to Tenant certain premises ("Premises") consisting of the building situated at 4700 Nathan Lane, Plymouth, Minxxxxxx ("Xxxxxxxx"), the land underlying and contiguous thereto and all improvements thereon (Project). Sublessee agrees The legal description of the land is attached hereto as Exhibit A-1. A schematic depiction of the Project is attached hereto as Exhibit A-2. Tenant acknowledges that as of the Premises Ground commencement of this 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 delay in the permitting or construction certain portions of the Premises may be occupied by Miles Homes Services, Inc. ("Miles"). Miles has agreed to vacate the Premises according to the following schedule: Top Floor - February 8, 1996 Middle Floor - October 1, 1996 Lower Floor - May 5, 1996 The portion of the Premises occupied by Miles and the date by which Miles has agreed to vacate are depicted on Exhibit A-3 and A-4. During such period that Miles is in accordance possession of all or any part of the Premises, Landlord shall defend, indemnify and hold Tenant harmless from and against all liability, damages and claims which may be imposed upon or incurred or paid by or asserted against Tenant by reason of or in connection with any use, possession or operation of any part of the terms hereofPremises or Project by Miles; provided, however, that nothing contained in this sentence shall be deemed to require Landlord to indemnify Tenant with respect to any negligent or tortious act committed by Tenant or any of its agents, contractors, employees or invitees. Sublessor Landlord agrees to cooperate with Tenant in securing that it part of the Premises occupied solely by Tenant from intrusion by employees, agents, contractors or invitees of Miles. OPTION TO EXPAND INTO ADDITIONAL SPACE. Tenant has elected to expand the Building (such expansion referred to as the "Expansion Space") by approximately 60,000 square feet. Tenant shall have the right to control the design of the Expansion Space, subject to the consent of Landlord, which consent shall not commence construction or development of any additional buildings or improvements on be unreasonably withheld. Tenant shall have the premises demised right to Sublessor (or any affiliate thereof) under or pursuant approve, in its sole discretion, the project costs for the Expansion Space. The developer's fee, equivalent to the Ground Lease until Development Fee included in the Delivery DateProject Cost Schedule included on Exhibit B-2, shall be $150,000. The Project Schedule, attached hereto as Exhibit D, sets forth milestone dates requiring Tenant's input and approval. Subject to Tenant's strict adherence to the foregoing, the forms, terms Project Schedule and conditions of the Premises Ground Lease Amendment shall be further subject to the prior written approval force majeure provisions of SublesseeSection 32 of this Lease, not to be unreasonably withheld, conditioned or delayed. Upon execution of Landlord warrants that it will complete 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 Expansion Space according to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAProject Schedule.

Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant and Tenant hereby leases from Landlord, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to building (the 200 Ground Lease (defined below“Building”) located at 000 Xxxxxxx Xxxx Drive in the City of Sunnyvale, Santa Xxxxx County, California, consisting of the complete second floor of the Building and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct ground floor of the Building as depicted on Exhibit A-1 attached hereto and Common Facilities) incorporated herein (the “LotPremises”). The Building together with the land on which the Building is located is referred to herein collectively as, the present“Property”. During the Term (as defined below), planned Tenant shall have the exclusive right to use the generator which currently services the Building. During the Term, Tenant shall have the right to use two hundred twenty (220) parking stalls at the Property, including the exclusive right to use twenty-one (21) parking stalls as depicted on Exhibit A-2 attached hereto and incorporated herein, which reserved spaces will be marked by Landlord “Reserved for Applied Micro”. Notwithstanding the foregoing, Landlord may at its election upon thirty (30) days written notice to Tenant but only to the extent necessary to allow Landlord’s Construction (hereinafter defined and with the designated location as convenient as practicable to the main entrance of the Building) designate the locations within the Property in which Tenant and configuration Tenant’s employees and visitors may park and move (but only on a temporary basis, the location of which are the reserved spaces shown on the conceptual site plan Exhibit A-2 attached hereto as to a location in close proximity to the existing reserved spaces designated on Exhibit A. The parties agree that “A-2”. In addition, Tenant shall have the final locationnon-exclusive right to use those portions of the Property designated by Landlord from time to time for the general non-exclusive use of Landlord, configuration Tenant and area other tenants of the Building, which shall include but shall not be limited to, those areas on the ground floor of the Building designated on Exhibit A-1 as “Common Facilities Area”, common entrances, lobbies, corridors, stairwells, elevators, trash areas, roadways, walkways, driveways and Lot shall be subject to approval of Sublessor landscape areas, together with the existing training room, cafeteria, fitness room and Sublessee in accordance with Article 3 the adjacent restrooms 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 shower facilities (the “TradeportCommon Area”). Sublessee shall have as a right appurtenant to Common Area does not include the Premises, in common with other Tradeport tenants Building’s exterior windows and occupants walls 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 Tradeportroof. 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 Tenant is 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 occupancy 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) Tenant shall be entitled to amend the 200 Ground Lease to include that portion exclusive occupancy of the Lot not presently leased to Sublessor under the 200 Ground LeaseBuilding (including, (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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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 foregoingwithout limitation, the formscomplete ground floor) through and including March 13, 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 2014 without additional charge 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 the PDARent.

Premises. The Premises consists a) Effective upon the earlier of (i) October 1, 2019, or (ii) the Building to be constructed by earlier of (a) the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use date of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five Substantial Completion of Landlord’s Work (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated Work Letter attached hereto as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) Exhibit “B” (the “LotWork Letter”)) or (b) the date that Landlord’s Work would have been Substantially Completed but for the occurrence of Tenant Delays (as defined in the Work Letter), (the “Phase Ill Premises Rent Commencement Date”), the presentLease shall be amended to reflect the addition of commercial office space located in Suite 300 of the Building consisting of approximately 19,697 Rentable Square Feet of space, planned location and configuration of which are shown as more specifically set forth on the conceptual site floor plan attached hereto as Exhibit A. The parties agree that “A” (the final location“Phase Ill Premises”). b) For purposes of this Amendment, configuration the term “Substantial Completion” (and area of its grammatical variations, such as Substantially Complete) when used with reference to Landlord’s Work, will mean (i) Landlord’s Work in the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee Phase Ill Premises has been completed in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former Xxxxx Air Force Base Tl Plans to such an extent that Tenant can commence its work, if any, to be undertaken by Tenant, as more particularly described in the hereafter defined Ground Lease (Work Letter, with 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 exception of any documents punch list items and any tenant fixtures, work stations, built-in furniture, or plans referenced in equipment to be installed by Tenant and otherwise legally occupy 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide space for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the futurePermitted Use, 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) Landlord has obtained a certificate of occupancy, temporary certificate of occupancy, final inspector’s signoff or other indication from the inclusion appropriate governmental authorities that the Phase Ill Premises may be legally occupied without material delay or interference due to the completion of such additional land area will not result in any delay Landlord’s Work. c) For the purposes of this Amendment and to redefine the term “Premises” as used in the permitting or construction Lease, effective as of the Phase Ill Premises in accordance with Rent Commencement Date, “Premises” shall mean both the terms hereof. Sublessor agrees that it shall not commence construction or development Existing Premises and the Phase Ill Premises, consisting 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, the forms, terms and conditions an aggregate 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 the PDAapproximately 73,669 Rentable Square Feet.

Premises. The Premises consists of the Building Sublessor hereby subleases to be constructed by the Sublessor in accordance with the terms hereof together with the rightSublessee, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresSublessee hereby -------- subleases from Sublessor, which land area shall consist of a portion of the 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”)Premises, the present, planned location and configuration of which are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area second floor of the Building, Common Facilities and Lot shall be subject to approval consisting of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofapproximately twelve thousand (12,000) rentable square feet ("Subleased Premises"). The Lot parties acknowledge that the Subleased Premises does not include Sublessor's QA lab, which consists of approximately 720 rentable square feet and 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 adjacent to the Subleased 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 Ground Lease (the “Subleased Premises Ground Lease Amendment”) shall provide for the addition consists of that portion of the Lot not presently leased to Sublessor under the Ground Lease Premises that is being relinquished by Nextel pursuant to the premises currently leased thereunder on the same terms First Amendment to Sublease. Because Nextel and conditions except for ground rent and construction obligations of Sublessor to the PDA Sublessee have not yet agreed with respect to the Building and 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 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 specificity as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion exact amount of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the 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, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not rentable space to be unreasonably withheldrelinquished by Nextel, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendmentand, in turn, taken by Sublessee, Sublessor and Sublessee agree that an Addendum to Sublease, in the form attached hereto, shall amend be entered into when Nextel and Sublessee have so agreed. Until the Addendum is executed by Sublessor and Sublessee, Sublessee shall continue making all rental and other payments due hereunder on the basis of 12,000 square feet of rentable space. In the event that Subleased Premises are agreed to be less than 12,000 square feet of rentable space, Sublessee shall not be entitled to any refund or reimbursement from Sublessor for any sums paid or owing by Sublessee pursuant to this Lease as necessary to reflect Sublease on the existence thereof and to include such other amendments basis of the square footage of the Subleased Premises, including Monthly Base Rent or Additional Rent, for any period prior to the Exhibits hereto as is reasonably necessary to reflect the configuration effective date of the Lot Addendum to Sublease. In all events, and irrespective of what Nextel and Sublessee agree, the total rentable square footage of the Subleased Premises and Nextel's premises under the Nextel Sublease (as approved amended) shall equal 23,472 rentable square feet, and Sublessor shall not be bound by any agreement between Sublessee and Nextel to the PDAcontrary.

Premises. The Premises consists Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain office space (hereinafter called "Premises") consisting of 16,112 usable square feet outlined in red on Exhibit A attached hereto and 18,048 rentable square feet, including corridors being situated on the 2ND/3RD floor(s) of that certain building known as 1100 XXXXXXXX XXXXXXX XXXXXX, XXXXX 000, XXXXXXXX, XXXXXXXXXX (xxreinafter called "Building") which is one of several buildings in Larkspur Landing Office Park (hereinafter called "Office Park") *(SEE PAGE 13) Said Lease is subject to the terms, covenants, and conditions herein set forth and the Tenant covenants as a material part of the Building consideration for this Lease to keep and perform each and all of said terms, covenants, and conditions by it to be constructed by kept and performed and that this Lease is made upon the Sublessor condition of said performance. For the purposes of maintaining an economical and proper distribution of tenants throughout the Office Park which is acceptable to Landlord, Landlord shall have the right from time to time during the term of this Lease to relocate the Premises in accordance with the terms hereof together with Office Park; provided, however, (i) that the right, appurtenant thereto rentable and usable areas of the new location in the Office Park are of equal size to the exclusive use Premises (subject to a variance of the Common Facilities up to be constructed by the Sublessor in accordance with the terms hereof 10%) and the land area appurtenant thereto comprising approximately five amount of Basic Rent (5hereinafter defined) acrespayable under this Lease is not increased, which land area shall consist (ii) that if the then prevailing rental for the new location is less than the amount of a portion of the 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 Basic Rent being paid for the Premises, in common with other Tradeport tenants and occupants and authorized users the right Basic Rent shall be reduced to use equal the entrances, exits and roadways of then prevailing base rental for 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 Leasenew location, (iii) that Landlord shall pay the cost of providing improvements to cause Tenant in the PDA new location comparable to enter into a non-disturbance agreement with Sublessor the improvements Tenant now has in the Premises, and Sublessee (iv) that Landlord shall pay the expenses reasonably incurred by Tenant in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously connection with the execution relocation of the Premises, including without limitation the costs of moving, door lettering, telephone relocation, and reasonable quantities of new stationery. Landlord shall deliver to Tenant written notice of Landlord's election to relocate the Premises, specifying the new location and the amount of Basic Rent payable therefor at least thirty (30) days prior to the date that the relocation is to be effective. If the relocation of the Premises is not acceptable to Tenant, Tenant, for a period of ten (10) days after receipt of Landlord's notice to relocate, shall have the right by delivering written notice to Landlord to terminate this Lease effective thirty (30) days after the delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment written notice to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDALandlord.

Premises. The Premises consists 1.1 Landlord leases to Tenant the premises described in the Basic Lease Terms and in Exhibit “A-1” (the “Premises”), which is a part of a project consisting of twelve (12) buildings designated as buildings 1 through 12 (including the Building to be constructed by the Sublessor in accordance with the terms hereof Building), together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by land on which such buildings are located, including the Sublessor in accordance driveways, parking facilities, loading dock areas, roadways and all other improvements and easements associated with the foregoing or the operation thereof as depicted on Exhibit “A-1” (the “Project”). For purposes of this Lease, the terms hereof “Premises” and “Building” shall have the land area appurtenant thereto comprising approximately five (5) acres, which land area same meaning and may be used interchangeably. Tenant acknowledges that access to the side and rear areas outside the Building shall consist of a portion be via an electronic security gate that is shared with two other tenants of the land currently leased Project, and Landlord shall provide cards for Tenant’s employees to operate the gate. Upon full execution of this Lease and delivery by Sublessor pursuant Tenant to Landlord of the Prepaid Rent set forth in the Basic Lease Terms, the Security Deposit and evidence of insurance required under this Lease, Tenant may occupy the Premises prior to the 200 Ground Lease Term Commencement Date (the “Early Occupancy Period”) for the sole purposes of installing the Desired Improvements (as defined in Section 12 below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building Tenant’s furniture, fixtures and Common Facilities) (the “Lot”)equipment; provided, however, that access to, and use and occupancy of, the present, planned location and configuration of which are shown on Premises by Tenant prior to 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 Term Commencement Date shall be subject to approval all of Sublessor the provisions of this Lease other than payment of rxxx.Xx entry on the Premises, Tenant acknowledges that it has examined the Premises and Sublessee accepts the Premises in accordance with Article 3 their present, as-is condition subject only to the following: On the Term Commencement Date, Landlord shall deliver to Tenant possession of the entire Premises vacant, broom-clean and Exhibit D hereof. The Lot is located within free and clear of all tenants and occupants, and Landlord shall remedy, at Landlord’s sole cost and expense, any failure of (i) the former Xxxxx Air Force Base as more particularly described electrical, plumbing and/or lighting systems serving the Premises, (ii) the heating, ventilating and air conditioning system servicing the office area of the Premises, and/or (iii) roof or the loading doors in the hereafter defined Ground Premises to be in good working order, condition and repair, so long as (a) such failure is not the result of any acts or omissions of Tenant or any of its employees, agents, contractors or representatives (including, without limitation, any Alterations of the Premises by or on behalf of Tenant, including, without limitation, the Desired Improvements), provided that such failure shall not be considered to be the result of any acts or omissions of Tenant to the extent it is merely discovered by Tenant absent misuse or alteration of the item in question, and (b) Tenant, acting reasonably and in good faith, specifically identifies and describes such failure in a written notice together with reasonable supporting documentation delivered to Landlord within forty-five (45) days after the Term Commencement Date of this Lease (the “TradeportWarranty Period”). Sublessee shall have as a right appurtenant to , it being understood that, except for any items so identified and described by Tenant during 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 effectWarranty Period, the “200 Ground Lease” and as hereafter amended by Building, the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants all such systems shall be conclusively deemed 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 in compliance with all applicable Laws and in good working order, condition and repair. In addition, Landlord intends to Sublessee. From and after replace 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 roof membrane on 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 prior to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms Term Commencement Date at Landlord’s sole cost and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAexpense.

Premises. The Premises consists Sublandlord leases to Subtenant, and Subtenant leases and -------- rents from Sublandlord, 16,650 square feet of the Building to be constructed by the Sublessor warehouse space in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 on Exhibit A which is attached hereto and incorporated herein by this reference, together with all easements and rights appurtenant thereto, all of Sublandlord's right, title and interest in and to all public and private ways adjoining the same, and all buildings as Exhibit C well as all equipment, fixtures and other improvements located thereon (all of which are hereinafter referred to collectively as the "Premises"). (a) the Premises is being subleased by Sublandlord to Subtenant, and has been accepted by Subtenant, in its present, "AS IS" condition, without any representation or warranty, whether express or implied, as to the condition thereof or as to the fitness thereof for Subtenant's use; it being hereby stipulated by Subtenant 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 it has made (or had the opportunity to make) any and all such portion thereof inspections, examinations, analyses, tours and walk-throughs as comprises it has deemed necessary or appropriate in determining to sublease the Lot Premises and is otherwise necessary to construct the Building accept delivery of same; and Common Facilities(b) (ii) to amend the 200 Ground Lease to include that portion SublandIord does not have, has not assumed, and does not hereby assume any obligations, liabilities or responsibilities of the Lot not presently leased to Sublessor Landlord under the 200 Ground Lease, (iii) ; it being hereby stipulated by Subtenant that it shall look solely to cause Landlord for 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 performance of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms obligations and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilitiesresponsibilities. It is understood further hereby acknowledged and agreed confirmed by Sublandlord and Subtenant that Sublessor shall seek to amend the 200 Ground Lease to include land area this Sublease is subject, in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futureall respects, 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 delay in the permitting or construction of the Premises in accordance with Lease, a copy of which has been provided to Subtenant. Subtenant hereby confirms that a copy of the terms hereof. Sublessor Lease has been provided to it, and hereby agrees that it shall not commence construction or development to keep, observe and perform any and all 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, the forms, terms and conditions of the Premises Ground Lease Amendment shall which are to be subject kept, observed and performed by the "Tenant" thereunder which pertain to the prior written approval use, occupancy and/or condition of Sublessee, the Premises. Subtenant hereby covenants and agrees not to be unreasonably withheldperform any act, conditioned omit to perform any act, 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 do anything which constitutes a default by the PDA"Tenant" under the Lease, or which would, with the giving of any applicable notice and the expiration of any applicable cure period, or both, constitute a default by the "Tenant" thereunder.

Premises. The Premises consists (a) As of the Building to be constructed by “New Expansion Space Commencement Date” (as said term is hereinafter defined), the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use definition and description of the Common Facilities Premises in the Lease shall be modified and amended to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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) include certain additional premises (the “LotNew Expansion Space”), the presentconsisting of approximately 12,749 gross rentable square feet presently leased by Axcell Biosciences Corporation (“Axcell”), planned location and configuration of which are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area first (151) floor of the 826 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 New Expansion Space is located within the former Xxxxx Air Force Base as more particularly described on Exhibit A attached hereto. In addition to the foregoing, as of the New Expansion Space Commencement Date, the definition and description of the Premises in the hereafter defined Ground Lease (shall be modified and amended to also include the “Tradeport”)October, 2006 Expansion Space. Sublessee shall have as 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 result of the Tradeport designated by foregoing, the Xxxxx Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion definition and description of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between Premises in the PDALease shall, 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 trueNew Expansion Space Commencement Date, 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 refer to (i) seek approval of this Lease and be designated the developer and lessee of Original Premises described in 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) Original Lease, (ii) to amend the 200 Ground Lease to include that portion of Additional Space described in the Lot not presently leased to Sublessor under First Modification as modified by the 200 Ground LeaseLetter Agreement, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor New Space described in the Second Modification, (iv) the April, 2004 Expansion Space described in the Third Modification, (v) the August, 2004 Expansion Space described in the Third Modification, (vi) the October, 2006 Expansion Space described in the Third Modification, and Sublessee in substantially (vii) the form New Expansion Space described herein, and shall consist of Exhibit J attached hereto approximately 54,371 gross rentable square feet. (b) Landlord and Tenant acknowledge that the “PDA Non-Disturbance Agreement”) simultaneously with Third Modification presently provides that the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide Term for the addition of that portion October, 2006 Expansion Space shall commence on October 1, 2006. As the Term for the October, 2006 Expansion Space is now scheduled to commence on the New Expansion Space Commencement Date, the terms and provisions of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA Third Modification with respect to the Building October, 2006 Expansion Space are hereby modified and Common Facilities. It is understood and agreed amended accordingly. (c) Tenant agrees 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 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 provisions of Section 1 (d) of the Premises Ground Third Modification pertaining to Tenant’s option to cancel and terminate the Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as with respect to the Lot should Sublessor fail April, 2004 Expansion Space shall not be applicable to construct improvements other than the Building and Common Facilities on leasing of the Lot and New Expansion Space by Tenant hereunder. (iid) As of the inclusion of such New Expansion Space Commencement Date, Landlord shall provide Tenant with an additional land area will not result in any delay six (6) reserved parking spaces in the permitting or construction first row of parking spaces located in the parking area in front of the Premises in accordance with the 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, 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 the PDA826 Building.

Premises. The 2.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises consists on the terms and conditions set forth in this Lease. Tenant has examined the Premises and title to the Premises and has found all of the Building to be constructed by the Sublessor in accordance same satisfactory for all purposes. Tenant acknowledges that Tenant is fully familiar with the terms hereof together with the right, appurtenant thereto to the exclusive use physical condition of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 locationLandlord makes no representation or warranty, configuration express or implied, with respect to same. TENANT AGREES TO ACCEPT DELIVERY OF POSSESSION OF THE PREMISES ON AN “AS IS” BASIS, IT BEING AGREED THAT TENANT WILL LEASE THE PREMISES IN THEIR THEN-EXISTING CONDITION, WITH ALL FAULTS. LANDLORD HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE RELATIVE TO THE PREMISES OR ANY COMPONENT PART THEREOF. Tenant acknowledges and area agrees that no representations or warranties have been made by Landlord, or by any person, firm or agent acting or purporting to act on behalf 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 PDALandlord, 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 the presence or absence on or in the Premises of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive any particular materials or substances (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) including, without limitation, Hazardous Material), (ii) to amend the 200 Ground Lease to include that portion condition or repair of the Lot not presently leased to Sublessor under the 200 Ground LeasePremises or any portion thereof, (iii) the value, expense of operation or income potential of the Premises, (iv) the accuracy or completeness of any title, survey, structural reports, environmental audits or other information provided 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 Tenant by any third party contractor relative to the Ground Lease Premises (regardless of whether the “same were retained or paid for by Landlord), or (v) any other fact or condition which has or might affect the Premises Ground Lease Amendment”) shall provide for or the addition condition, repair, value, expense of operation or income potential thereof. Tenant represents that portion the officers of Tenant are knowledgeable and experienced in the Lot not presently leased to Sublessor under the Ground Lease leasing of properties comparable to the premises currently leased thereunder on the same terms Premises and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 Tenant will be relying solely on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction Tenant’s inspections of the Premises in accordance with leasing the terms hereofPremises. 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 foregoingTHE PROVISIONS OF THIS PARAGRAPH HAVE BEEN NEGOTIATED AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION BY THE LANDLORD OF, the formsAND THE LANDLORD DOES HEREBY DISCLAIM, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of SublesseeANY AND ALL WARRANTIES BY THE LANDLORD, not to be unreasonably withheldEXPRESS OR IMPLIED, conditioned or delayed. Upon execution of the approved Premises Ground Lease AmendmentWITH RESPECT TO THE PREMISES OR ANY PORTION THEREOF, 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 the PDAWHETHER ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISE, AND TENANT HEREBY ACKNOWLEDGES AND ACCEPTS SUCH EXCLUSION, NEGATION AND DISCLAIMER.

Premises. The 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 (other than Landlord’s obligation to perform Landlord’s Work prior to the Commencement Date). Landlord and Tenant stipulate and agree to the RSF calculations set forth in Section 1 above without regard to actual measurement and agree that the Premises consists of the Building shall not be subject to remeasurement by either party. (a) Landlord shall cause to be constructed by constructed, in compliance with applicable Laws, the Sublessor improvements, modifications and alterations to the Premises set forth on and in accordance with Exhibit “C” (the terms hereof together with “Landlord’s Work”). In constructing the Landlord’s 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 Work, Landlord shall use Building standard materials and finishes (unless otherwise provided on Exhibit “C”) and Landlord reserves 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of SublesseeTenant’s consent, not to be unreasonably withheld, conditioned or delayedto make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available. Upon execution the Landlord’s Work being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Landlord’s Work with Landlord within five (5) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the approved Landlord’s Work. 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 Landlord’s Work shall be free from latent defects in materials and workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. The total cost of Landlord’s Work shall be deducted from the Tenant Improvement Allowance (as hereinafter defined) prior to the disbursement to Tenant for any of the Tenant Improvements. In the event the cost of Landlord’s Work exceeds the Tenant Improvement Allowance, Tenant shall be responsible for the payment of such excess amount. Landlord will use commercially reasonably efforts to obtain industry standard warranties from the contractors and vendors performing Landlord’s Work. To the extent Tenant is responsible for maintaining any Building Systems, or components of the Tenant Improvements or Landlord’s Work, and such Building Systems or components of the Tenant Improvements or Landlord’s Work are covered by a manufacturer’s or contractor’s warranty running to Landlord’s benefit, Landlord shall use reasonable efforts to enforce the terms of such warranty such that Tenant receives the benefit thereof. (b) Notwithstanding anything herein to the contrary, to the extent that the Substantial Completion of Landlord’s Work is delayed by Tenant Delay, then 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 upon which Landlord’s Work would have been Substantially Completed solely but for such Tenant Delay 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). (c) Following the determination of the Commencement Date, the parties shall execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, Tenant’s acceptance of the 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 items reasonably necessary to reflect the configuration of the Lot as approved requested by the PDALandlord.

Premises. The Premises consists of For the Building to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five Term (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined belowas hereinafter defined) and a portion of upon the land area designated as 160 International Drive (or such portion thereof as is necessary conditions hereinafter provided, Sublandlord hereby agrees to construct the Building sublease to Subtenant, and Common Facilities) (the “Lot”)Subtenant hereby agrees to sublease from Sublandlord, the presententire Prime Lease Premises, planned location and configuration of which are as shown on the conceptual site plan floor plans attached hereto as Exhibit A. B (the “Premises”). The parties hereby agree that for all purposes of this Sublease the final locationPremises shall be deemed to consist of 43,842 rentable square feet of office space. On the Commencement Date (as defined in Section 4), configuration and area Sublandlord will deliver possession of the Building, Common Facilities and Lot shall be Premises to Subtenant (subject to approval Sublandlord’s right of Sublessor entry to remove Sublandlord’s Furniture (as defined in Section 3) therefrom as described below and Sublessee to the terms of the Prime Lease and this Sublease). In addition to Subtenant’s rights as set forth herein to occupy the Premises, if permitted by Prime Landlord and subject to availability of roof space, Subtenant shall also be entitled to Sublandlord’s rights to install Telecommunications Equipment 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 subject to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways Section 26.23 of the Tradeport designated by the Xxxxx Development Authority Prime Lease. Subtenant shall obtain Sublandlord’s approval (“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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 Amendmentproposed equipment type, Sublessor size and Sublessee frequency prior to making a request for approval to Prime Landlord. Sublandlord agrees to use reasonable efforts, at Subtenant’s expense, to procure Prime Landlord’s consent to Subtenant’s right to install such Telecommunications Equipment; provided, however, that the failure of Prime Landlord to consent to Subtenant’s installation of such Telecommunications Equipment shall amend not affect the validity of this Lease as necessary to reflect Sublease. Subtenant shall be solely responsible for the existence thereof cost and to include expense of installation, maintenance and removal of such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDATelecommunications Equipment.

Premises. The Premises consists of the Building Landlord hereby subleases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) Tenant subleases 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”)-------- accepts, the present, planned location Premises containing approximately Forty-Four Thousand (44,000) square feet of warehouse space with such warehouse space outlined and configuration of which are shown designated on the conceptual site plan attached hereto as Exhibit A. A which is incorporated herein by reference (such space is referred to collectively hereinafter as the "Leased Premises"). The parties agree that the final location, configuration and area Leased Premises are part of the Buildingapproximately 300,000 square foot warehouse complex known as "Levi Place" (which includes the warehouse space shown on the attached site plan and two separate office buildings totaling approximately 9,000 square feet and located adjacent to such warehouse space) formerly owned by Levi Xxxxxxx & Company (such complex, Common Facilities and Lot shall be subject including the two office buildings, is referred to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofhereinafter collectively as the "Warehouse"). The Lot location of the Warehouse is on North Cherry Street in Knoxville, Tennessee and the legal description of the land upon which the Warehouse 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 B (such land referred to hereinafter as the "Land"). The Land and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered Warehouse are referred to Sublessee. From and after collectively hereinafter as 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 "Project." A certain 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 Project is deemed common area (the “PDA Non-Disturbance Agreement”) simultaneously with "Common Area"), such Common Area to include but not be limited to certain parking areas, driveways, entrances and exits thereto, service roads, loading facilities, sidewalks, ramps, landscaped areas, exterior stairways, restroom facilities, and all other uses in common by the execution Tenant and delivery all the Tenants in the Project, however, those elements of such amendmentparking, all as soon as reasonably practicabledriveways, entrances and exits, loading facilities, and restroom facilities that are located within the Leased Premises shall not be deemed to be common areas. The terms Tenant shall have first right of such amendment refusal to sublease space in the Warehouse adjacent to the Ground Lease (the “Leased Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the futureas contained herein, additional buildings and improvements (subject to the terms and conditions hereof)pre-existing rights of other Tenants in the Project. Sublessee agrees The Tenant shall exercise such right within thirty (30) days upon receiving notification from Landlord that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease space is not terminable as being requested by a third party by sending its request for such space 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 Landlord in any delay in the permitting or construction of the Premises in accordance with the 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 foregoingwriting by certified mail, 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 the PDAreturn receipt requested.

Premises. The Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain industrial space (herein called "Premises") indicated on Exhibit A attached hereto and by reference thereto made a part hereof, said Premises consists being agreed, for the purposes of this Lease, to have an area of approximately 103,150 square feet (including the Common Areas, as hereinafter defined) and consisting of the entirety of that certain building known as the EASTSIDE BUILDING ("Building"), located at 4801 N. 63rd Street, Boulder, Colorado 80301 (the "Property"). Said Lexxx xx xxxxxxx xx xxx xxxxx, xxxxxxxxx xxx xonditions herein set forth and the Landlord and Tenant covenant as a material part of the consideration for this Lease to keep and perform each and all of their respective covenants and conditions to be kept and performed and that this Lease is made upon the condition of said performance. "Common Areas" shall mean those portions of the Building which are made available on a non-exclusive basis for general use in common of tenants, their employees, agents and invitees. Landlord shall have the right from time to be constructed by time to change the Sublessor in accordance with location or character of and to make alterations of or additions to the terms hereof together with Common Areas, and to repair and reconstruct the rightCommon Areas. So long as Tenant leases all of the Building, appurtenant thereto to Tenant shall have the exclusive use of the all Common Facilities to be constructed by the Sublessor Areas in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 about 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 Premises shall include all personal property 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 or attached to the Premises, including, but not limited to, the buss bar, employee lockers (attached or not), fire extinguishers, all xxxxiture, fixtures and office equipment, including, but not limited to all computers (CPU's and monitors) except the computer equipment required to continue the current owner's operations in common with other Tradeport tenants Ireland, telephone system (Rolm 9200 CBX, switchboard and occupants handsets), desks (including the reception desk at the entrance to the Premises), chairs, cubicles, bookshelves, tables, credenzas, file-storage racks on the mezzanine and authorized users artwork (the right to use "Personal Property"). Landlord, Tenant and the entrances, exits and roadways current owner shall compile a detailed list of the Tradeport designated by Personal Property, which shall include the Xxxxx Development Authority above. In the event Landlord fails to acquire any of the Personal Property pursuant to the Original Contract (“PDA”as hereinafter defined) and receives a reduction in the purchase price for common use the Property pursuant to the Original Contract, Landlord shall pay to Tenant, or the Rent shall be reduced at the Tradeportrate of $13.22 per $1,000 in value for lost Personal Property. Sublessor presently leases a portion of Tenant shall not be entitled to challenge the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 value received 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide Landlord for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 lost Personal Property 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 delay in the permitting or construction Tenant's valuation of the Premises in accordance with the terms hereof. Sublessor agrees that it shall lost Personal Property does not commence construction differ from Landlord's valuation by an amount equal to 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, 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 the PDAgreater than $20,000.00.

Premises. The Lessor hereby LEASES unto Lessee, the Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof 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 have the right, appurtenant without the necessity of obtaining Lessee's consent thereto or joinder therein (but subject to the exclusive terms of Section 22.3 below), to 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 adversely affect Lessee's use of the Common Facilities Premises for the Permitted Use. At any time during which Lessee is not the lessee of the entire Building, Lessor hereby reserves the right to be constructed by maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Sublessor in accordance with Premises. Lessee, its employees and invitees shall have access to the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresPremises at all times; provided that, which land area shall consist of if Lessor recaptures a portion of the 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 Premises, 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 access shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofLessor's reasonable security procedures. The Lot is located within the former Xxxxx Air Force Base as more particularly described Lessee shall be permitted to operate its business in the hereafter defined Ground Lease Premises outside of the Building hours (as set forth in Paragraph 1 of EXHIBIT D attached hereto), but if Lessor is managing the “Tradeport”). Sublessee Building, Lessee shall have pay to Lessor, as a right appurtenant Additional Rent, the cost of supplying services to the Premises, in common with as described on Exhibit D, at times other Tradeport tenants than such Building hours, such payment to be due and occupants and authorized users the right payable no later than thirty (30) days after Lessor gives written notice to use the entrances, exits and roadways Lessee 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 amount of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAcharges.

Premises. The Premises consists In consideration of the Building obligation of Tenant to be constructed by the Sublessor pay rent as herein provided, and in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use consideration of the Common Facilities other terms, provisions and covenants hereof, Landlord hereby demises and leases to be constructed by the Sublessor in accordance with the terms hereof Tenant, and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a Tenant hereby takes from Landlord that portion of the land currently leased building located at Eagle's Landing Trade Center 3, Xxxxxxxxxxx, Xxxxx County, Georgia (the "BUILDING"), known as Suite 100, containing approximately 505,000 square feet, as determined by Sublessor pursuant to Landlord and as shown on EXHIBIT A attached hereto (the 200 Ground Lease (defined below) and "PREMISES"), which square footage includes a portion pro rata share of the Building's electrical and sprinkler room for the amount of square footage leased. The Building is situated on the land area designated as 160 International Drive described in EXHIBIT B attached hereto (or such portion thereof as is necessary to construct the "LAND"), and the Land, the Building and Common Facilities) (all other structures, improvements, fixtures and appurtenances now or hereafter placed, constructed or included on or appurtenant to the “Lot”)Land, unless otherwise defined in the presentLease, planned location and configuration of which are shown on is hereinafter called 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"PROJECT". The Lot Project is located within the former Xxxxx Air Force Base currently known as Eagle's Landing Trade Center 3, and is more particularly described in on EXHIBIT C attached hereto. This contract shall create the hereafter defined Ground Lease (the “Tradeport”)relationship of landlord and tenant between Landlord and Tenant; no estate shall pass tout of Landlord; Tenant has a usufruct, not subject to levy and sale, and not assignable by Tenant except as expressly set forth herein. Sublessee shall have as a right appurtenant In addition to the Premises, in common with other Tradeport tenants Landlord hereby grants to Tenant and occupants its agents, employees, customers and authorized users invitees a non-exclusive right and easement to the right to use of those areas provided for 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 or benefit 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 all tenants 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 Leasepublic such as corridors, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor foyers, entryways, driveways, parking areas, all access and Sublessee in substantially the form of Exhibit J attached hereto egress roads, and any and all other similar facilities (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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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"COMMON AREAS"). 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 All Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it Areas described above 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, the forms, terms and conditions of the Premises Ground Lease Amendment shall at all times be subject to the prior written approval exclusive control and management of SublesseeLandlord. Landlord shall have the right and responsibility to construct, not to be unreasonably withheld, conditioned or delayed. Upon execution of operate and maintain the approved Premises Ground Lease Amendment, Sublessor Common Areas in good condition and Sublessee shall amend this Lease as necessary to reflect the existence thereof repair and to include such other amendments monitor and provide safe and secure ingress and egress in a manner and to the Exhibits hereto as extent that is reasonably necessary to reflect the configuration standard for buildings of the Lot as approved by the PDAsimilar class, size, and location.

Premises. The Premises consists Subject to and with the benefit of the Building provisions of this Lease, Landlord hereby leases to be constructed by Tenant and Tenant leases from Landlord, Tenant’s Space in the Sublessor in accordance with the terms hereof together with the rightBuilding, appurtenant thereto to the exclusive use excluding exterior faces of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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”)exterior walls, the presentcommon facilities area, planned location common stairwells, shafts, ducts and configuration of which are shown on conduits passing through the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration Premises and area building systems and building service fixtures and equipment serving exclusively or in common other parts of the Building. Tenant’s Space (including Phase 1 and Phase 2) with such exclusions, Common Facilities and Lot shall be subject but with such appurtenances as hereinafter provided, is hereinafter collectively referred 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 “TradeportPremises”). Sublessee Tenant shall have have, as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrancesin common with others entitled thereto, exits and roadways subject to reasonable rules of general applicability to tenants of the Tradeport designated Building from time to time made by Landlord of which Tenant is given notice: (a) the Xxxxx Development Authority common areas and facilities included in the Building or on the parcel of land on which the Building is located (“PDAthe Lot”) for ), including, without limitation, a fitness center, locker rooms and a café located within the Building, and the common use at areas and facilities included within Burlington Office Park 1 (the Tradeport. Sublessor presently leases a portion “Park”), and all means of access to and from the Building to the common areas and facilities, including without limitation the service, loading and parking areas allocable to the Building (i.e., Tenant shall be entitled to up to 101 non-reserved parking spaces including eight (8) “reserved” spaces located on the Lot, such portion being known which reserved spaces shall be located as 200 International Driveshown on Exhibit “B”, pursuant without additional compensation from Tenant), all sidewalks, roads, driveways and the like, to that certain Sublease dated April 5the extent all of the foregoing are from time to time designated by Landlord; and (b) the Building service fixtures and equipment serving the Premises. Landlord shall maintain a fitness center, 2001 by locker rooms and between a café in operation throughout the PDATerm. Landlord reserves the right from time to time, as lessorwithout unreasonable interference with Tenant’s use (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 Sublessor(b) to alter or relocate any other common area or facility, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”)provided that substitutions are substantially equivalent or better. Sublessor represents and warrants to Sublessee that a true, correct and complete copy Landlord’s exercise 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it foregoing rights shall not commence construction materially increase Tenant’s obligations or development of any additional buildings diminish Tenant’s rights hereunder, 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, 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 the PDAmaterially interfere with Tenant’s parking rights.

Premises. The Premises consists 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term and subject to the covenants hereinafter set forth, to all of which Landlord and Tenant hereby agree, (a) the Building to be constructed by the Sublessor land described in accordance with the terms hereof Exhibit A hereto, together with the right, appurtenant all easements and other appurtenances thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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”"Land), the present, planned location and configuration of which are shown (b) all improvements now or hereafter located on the conceptual site plan attached hereto as Exhibit A. The parties agree that Land (the final location"Improvements"), configuration and area of including 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 two buildings described in the hereafter defined Ground Basic Lease Information, (the “Tradeport”). Sublessee shall have as a right appurtenant c) all of Landlord's right, title and interest in and to all fixtures and heating, ventilating, air conditioning, electrical, mechanical, plumbing, life safety and other building systems affixed or attached to the PremisesLand or the Improvements (collectively, 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"Equipment"), and Sublessor(d) all of Landlord's right, as lessee (as currently title and interest in effect, and to 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 personal property described on Schedule I attached hereto (the “PDA Non-Disturbance Agreement”"Personal Property"). The Land, Improvements, Equipment and Personal Property are collectively referred to herein as the "Premises." Landlord hereby grants to Tenant an exclusive license (the "License,,) simultaneously to use the following: (a) the contracts described on Schedule II attached hereto (the "Contracts"); and the permits described in Schedule III attached hereto (the "Permits"). The License is coupled with an interest, irrevocable and assignable or sublicensable by Tenant in connection with any permitted assignment or sublease of this Lease. The License shall automatically terminate, without notice to Tenant, upon the execution termination of this Lease, whether upon expiration of the Lease term or earlier. Tenant hereby assumes and delivery of such amendmentagrees to perform, at Xxxxxx's sole expense, all as soon as reasonably practicableobligations of Landlord under the Contracts and Permits during the term of this Lease. The terms of such amendment to Xxxxxx further agrees during the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion entire term of the Lot not presently leased License to Sublessor under (x) keep the Ground Lease to Contracts in full force and effect, unless Landlord otherwise consents in writing (which consent may be withheld in Landlord's sole discretion), until the premises currently leased thereunder on the same expiration of any Contract by its own terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 as a result of a default by Tenant thereunder), and (iiy) keep the inclusion of such additional land area will not result Permits in any delay in full force and effect until the permitting or construction expiration of the Premises Lease term. Tenant shall maintain the Personal Property in accordance good condition and repair, except that Tenant may replace the Personal Property with the terms hereof. Sublessor agrees that it shall not commence construction or development personal property 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, 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 the PDAcomparable quality when consistent with prudent business practices.

Premises. The Premises consists (a) This Lease shall be effective as between Landlord and Tenant as of the Building full execution and delivery hereof by both Landlord and Tenant. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and conditions contained herein the Premises, which are more particularly described in Exhibit A attached hereto and made a part hereof (the “Premises”), including the tenant improvements (the “Tenant Improvements”) thereon presently existing or to be constructed by the Sublessor in accordance with the terms “Lease Improvement Agreement” attached as Exhibit B, which is made a part hereof together with by this reference. As hereinafter used in this Lease, the right, appurtenant thereto term “Building” shall refer to the exclusive use of entire structure in which the Common Facilities Premises are located, the term “Lot” shall refer to be constructed by the Sublessor in accordance with Assessor’s tax parcel on which the terms hereof Building is situated, and the land area appurtenant thereto comprising approximately five (5) acresterm “Project” shall collectively refer to the Lot, which land area shall consist of a portion the Building, and the Project Common Areas. This Lease confers no rights either with regard to the subsurface of the land currently leased below the ground level of the Building or with regard to airspace above the roof of the Building. (b) Tenant acknowledges that, as of the Lease Date, Landlord has begun development on the Building, which construction is intended to be completed by Sublessor pursuant the Scheduled Lease Commencement Date. Prior to the 200 Ground Lease Date, Landlord and Tenant have agreed upon certain project plans (defined below) and a portion of the land area designated “Project Plans”), attached hereto as 160 International Drive (or such portion thereof as is necessary Exhibit A-1. Landlord agrees to construct the Building in compliance with the Project Plans and Common Facilitiesall applicable laws, statutes and ordinances, and such construction shall be consistent with the Project Specifications, subject to events preventing such compliance beyond the reasonable control of Landlord (provided that Landlord has advised Tenant in writing of such noncompliance, and the specific reasons (c) Tenant may, not later than the Commencement Date, at Tenant’s expense, have a licensed architect measure the Premises (using the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996, published by BOMA International (the “LotBOMA Standard”), ) to determine the present, planned location rentable area 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 usable area of the BuildingPremises. Based on such measurement, Common Facilities the Base Rent, and Lot Tenant Improvement Allowance shall be subject proportionately adjusted; provided, however, that in no event (i) will such measurement result in a Rent increase to approval Tenant of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot more than two percent (2%), or (ii) will the rentable area of the Premises be more than ten percent (10%) greater than the “Office Area” (as that term is located within the former Xxxxx Air Force Base as more particularly described defined in the hereafter defined Ground Lease BOMA Standard) of the Premises (the “Tradeport”). Sublessee shall have difference, expressed as a right appurtenant to percentage of the Office Area of 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, Premises’ rentable area 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction Office Area of the Premises in accordance with is hereinafter referred to as the 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, 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 the PDA“Load Factor”).

Premises. The Premises consists 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises outlined on Exhibit B to this Lease, comprised of approximately 137,524 rentable square feet consisting of approximately 121,582 rentable square feet of office/laboratory space on floors seven through eleven and 15,942 rentable square feet of vivarium on Level B1 (the "Premises"), all in the building commonly known as Ninth & Stewart Lifesciences Building (the "Building"). The land described on Xxxxxxt A to this Lease (the "Land") and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, access roadways, and all other related areas, shall be constructed collectively hereinafter referred to as the "Building Complex." 1.2 Upon Landlord's written approval of the Final Working Drawings for the Premises pursuant to Exhibit B and for reconfirmation again within fifteen (15) days after the Commencement Date and again within fifteen (15) days after any event pursuant to which the Premises or Building Complex are expanded or contracted for any reason during the Lease Term including, without limitation, exercise by Tenant of the Sublessor Right of First Opportunity pursuant to Article 55 below, partial casualty or partial condemnation, Landlord's architect shall calculate and certify in writing to Landlord and Tenant the rentable area of the Premises and Building Complex. If Landlord's architect determines that the rentable area of the Premises or the Building is different from that stated in this Lease, rent that is based on rentable area (including Tenant's Share and the Tenant Improvement Allowance (as defined in the Work Letter Agreement) shall be recalculated in accordance with that determination. On the terms hereof together with recalculation of rent as provided in this Section 1.2, the right, appurtenant thereto parties shall execute an amendment to this Lease stating the recalculated rent. Execution of that amendment shall not be a condition precedent to the exclusive use effectiveness of the Common Facilities to be constructed by the Sublessor in accordance recalculated rent. Landlord's architect shall consult with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA Tenant's architect with respect to the Building and 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 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 delay in the permitting or construction remeasurement of the Premises pursuant to this Section 1.2 and Tenant shall have the right to have Tenant's architect present during such recalculation and shall also have the right to review the basis and methodology for such remeasurement. Unless Tenant's architect or Tenant provides written notice to Landlord outlining in accordance with the terms hereof. Sublessor agrees reasonable detail its objections to Landlord's architect's determination of rentable area within twenty (20) business days after notice of that it determination to Tenant, Landlord's architect's determination of rentable area shall be conclusive and binding on Tenant and Tenant shall not commence construction or development of have any additional buildings or improvements on other right to remeasure the premises demised Premises. In the event Tenant timely objects to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingLandlord's architect's determination, 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 the PDA.Landlord's

Premises. The Premises consists Subject to the terms and conditions of this Amendment, effective as of the Building to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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”)Renewal Term Commencement Date, 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 Premises 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 expanded to include that portion of the Lot not presently leased to Sublessor under the 200 Ground LeaseFirst Floor Space, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form consisting of approximately 17,006 rentable square feet, as shown on Exhibit J “A” attached hereto and made a part hereof (the “PDA NonExpansion Premises”). Commencing on the Renewal Commencement Date, the Premises shall consist of the original Premises and the Expansion Premises with an aggregate area of approximately 47,736 rentable square feet. Notwithstanding the actual area of the Expansion Premises, Sublandlord and Subtenant agree that the rentable square footage of the Expansion Premises set forth herein, which is approximately one-Disturbance Agreement”half ( 1/2) simultaneously with of the execution and delivery rentable square footage of such amendment, all as soon as reasonably practicable. The terms of such amendment the First Floor Space pursuant to the Ground Lease (measurements set forth in the “Premises Ground Lease Amendment”) Master Lease, shall provide for the addition of that portion be a fair and reasonable approximation of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Expansion Premises until such time as the Expansion Premises may be demised from the Remainder First Floor Space; provided that upon any demise of the Expansion Premises from the Remainder First Floor Space Subtenant shall be permitted to measure the Expansion Premises in accordance with the terms hereofSection 4 below. Sublessor agrees that it Subtenant shall not commence construction use or development occupy, or permit any of its employees, subtenants or invitees to use or occupy, 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, the forms, terms and conditions of the Remainder First Floor Space as a part of Subtenant’s business or operations in the Expansion Premises Ground Lease Amendment shall be subject to at any time during the Term without Sublandlord’s prior written approval in each instance; and in the event that Sublandlord reasonably determines that Subtenant or any of Sublesseeits employees, subtenants or invitees is using or occupying any of the Remainder First Floor Space in a manner that is inconsistent with such space being maintained separate from the Expansion Premises, Sublandlord may provide Subtenant with written notice of such determination and the reasons therefor; provided, however, that Sublandlord shall not be required to be unreasonably withheld, conditioned or delayeddeliver more than one such notice during the Renewal Term. Upon execution the second event of such unauthorized use of the approved Premises Ground Lease AmendmentRemainder First Floor Space, Sublessor or if Subtenant fails to terminate such unauthorized use within three (3) days following its receipt of the Sublandlord’s written notice, Subtenant shall be immediately obligated to pay Monthly Rent for the entire Remainder First Floor Space at the applicable Monthly Rent per rentable square foot set forth in Section 6 below, without any right to continue such occupancy or use; and Sublessee shall amend this Lease further provided that such use or occupancy may, in Sublandlord’s discretion be treated as necessary a Subtenant default, subject to reflect the existence thereof Subtenant’s applicable cure rights and to include such other amendments to all of Sublandlord’s rights and remedies under the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDASublease.

Premises. The Premises consists of Landlord hereby leases to Tenant the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightPremises, appurtenant thereto to the exclusive use of but excluding the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Area (as herein defined), and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a any other portion of the land currently leased by Sublessor pursuant to Land, Property and/or the 200 Ground Lease Project. Tenant (defined belowi) ACCEPTS THE PREMISES “AS-IS,” EXCEPT FOR THE LANDLORD WORK AND OTHERWISE AS EXPRESSLY PROVIDED HEREIN, 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 use, and a portion (iii) except as expressly provided herein, waives all claims of defect in the Premises and any implied warranty that the Premises are suitable for Tenant’s intended purposes. Tenant hereby acknowledges that the area of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct Premises, the Building and Common Facilities) the Project set forth in the Basic Lease Information is approximate only, and Tenant accepts and agrees to be bound by such figures for all purposes in this Lease. Notwithstanding anything to the contrary contained in this Section 2.1, Landlord hereby covenants that, on the date of Substantial Completion of Landlord’s Work, the Landlord’s Work shall be in a condition that meets all current Applicable Laws as then interpreted, including, without limitation, the ADA (as defined in Section 2.2 below), and the Premises shall otherwise be vacant and broom clean, and the structural portions of the roof of the Premises shall be in good condition and repair (collectively, 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 “TradeportRequired Delivery Condition”). Sublessee shall have as a right appurtenant to If it is determined that the Premises, Premises or the Common Areas were not 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 effectRequired Delivery Condition, 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 validity of this Lease and shall not be designated the developer and lessee of the land area designated as 160 International Drive (affected 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 impaired thereby, Landlord shall not presently leased to Sublessor be in default 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 this Lease or be liable to the Ground Lease (the “Premises Ground Lease Amendment”) Tenant for any damages therefor, nor shall provide for the addition of that portion of the Lot not presently leased Tenant be permitted to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 nullify delivery or otherwise to construct the 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 delay in the permitting or construction acceptance of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development be entitled to abatement of any additional buildings of Tenant’s obligations under this Lease, but as Tenant’s sole remedy, Landlord, at no cost to Tenant, shall perform such work or improvements on take such other action as may be necessary to place the premises demised to Sublessor same in the Required Delivery Condition; provided, however, that if Tenant does not give Landlord notice of any deficiency in the Required Delivery Condition within one (or any affiliate thereof1) under or pursuant to month following the Ground Lease until the Delivery Commencement Date. Subject to the foregoing, the forms, terms and conditions correction of the Premises Ground Lease Amendment such deficiency 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 governed by the PDA.parties’ respective maintenance and repair obligations set forth in this Lease

Premises. The (a) Tenant has requested and Landlord has agreed to an expansion of the Premises consists (collectively, the "Expansion Space") to include the addition of (i) approximately 8,427 rentable square feet on the second floor of the Building to be constructed known as Suite 200, and (ii) approximately 2,863 rentable square feet known as Suite 30 in the building known as the Receiving Room. A floor plan of the Expansion Space is attached hereto and made a part hereof as Exhibit A. (b) The term of the Lease for the Expansion Space shall commence upon the date that the Expansion Space is substantially complete (as evidenced by a certificate of occupancy issued by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use City of the Common Facilities to be constructed Durham and certification of substantial completion by the Sublessor in accordance with Architect), which it is estimated shall occur on September 1, 2015 (the terms hereof "Expansion Commencement Date"), and shall terminate on the revised Termination Date. On the Expansion Commencement Date, the term "Premises" under the Lease shall include the Expansion Premises, and the land area appurtenant thereto comprising approximately five (5) acresterm "Building" shall be deemed to include the Receiving Room Building. Notwithstanding the foregoing, which land area upon Tenant's request and within a reasonable timeframe thereafter, Landlord shall consist of advise Tenant if a portion of the land currently leased Expansion Space (the "Early Portion") may be occupied by Sublessor pursuant Tenant before the entirety of the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the 200 Ground Lease Early Portion. Early occupancy of the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined belowherein) and a for such occupancy, Tenant shall pay an equitable portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct Base Rent based upon 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 then current rate for the Premises, and any other charges for the Early Portion (including increased charges for Operating Expenses based upon the increased Tenant's Proportionate Share), with Landlord and Tenant negotiating reasonably and in common with other Tradeport tenants and occupants and authorized users good faith to determine such charges based on the right to use the entrances, exits and roadways square footage of the Tradeport designated by Early Portion and the Xxxxx Development Authority number of days Tenant occupies the Early Portion for the conduct of its business prior to the actual Expansion Commencement Date at which time, Tenant shall pay the Base Rent set forth in the Landlord's Notice (“PDA”as defined herein). (c) for common use at Effective upon the Tradeport. Sublessor presently leases a portion Expansion Commencement Date, Tenant's Proportionate Share of the LotXxxxxxx A Warehouse Building shall be 32.32431 percent, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between Tenant’s Proportionate Share of the PDA, as lessorReceiving Room / Prizery Building shall be 8.41119 percent, 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 Tenant’s Proportionate Share 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, terms and conditions of the Premises Ground Lease Amendment Project 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 the PDA22.82741 percent.

Premises. The (a) Tenant has requested and Landlord has agreed to an expansion of the Premises consists (collectively, the "Expansion Space") to include the addition of (i) approximately 8,427 rentable square feet on the second floor of the Building to be constructed known as Suite 200, and (ii) approximately 2,863 rentable square feet known as Suite 30 in the building known as the Receiving Room. A floor plan of the Expansion Space is attached hereto and made a part hereof as Exhibit A. (b) The term of the Lease for the Expansion Space shall commence upon the date that the Expansion Space is substantially complete (as evidenced by a certificate of occupancy issued by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use City of the Common Facilities to be constructed Durham and certification of substantial completion by the Sublessor in accordance with Architect), which it is estimated shall occur on September 1, 2015 (the terms hereof "Expansion Commencement Date"), and shall terminate on the revised Termination Date. On the Expansion Commencement Date, the term "Premises" under the Lease shall include the Expansion Premises, and the land area appurtenant thereto comprising approximately five (5) acresterm "Building" shall be deemed to include the Receiving Room Building. Notwithstanding the foregoing, which land area upon Tenant's request and within a reasonable timeframe thereafter, Landlord shall consist of advise Tenant if a portion of the land currently leased Expansion Space (the "Early Portion") may be occupied by Sublessor pursuant Tenant before the entirety of the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the 200 Ground Lease Early Portion. Early occupancy of the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined belowherein) and a for such occupancy, Tenant shall pay an equitable portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct Base Rent based upon 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 then current rate for the Premises, and any other charges for the Early Portion (including increased charges for Operating Expenses based upon the increased Tenant's Proportionate Share), with Landlord and Tenant negotiating reasonably and in common with other Tradeport tenants and occupants and authorized users good faith to determine such charges based on the right to use the entrances, exits and roadways square footage of the Tradeport designated by Early Portion and the Xxxxx Development Authority number of days Tenant occupies the Early Portion for the conduct of its business prior to the actual Expansion Commencement Date at which time, Tenant shall pay the Base Rent set forth in the Landlord's Notice (“PDA”as defined herein). (c) for common use at Effective upon the Tradeport. Sublessor presently leases a portion Expansion Commencement Date, Tenant's Proportionate Share of the LotDxxxxxx A Warehouse Building shall be 32.32431 percent, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between Tenant’s Proportionate Share of the PDA, as lessorReceiving Room / Prizery Building shall be 8.41119 percent, 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 Tenant’s Proportionate Share 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, terms and conditions of the Premises Ground Lease Amendment Project 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 the PDA22.82741 percent.

Premises. The Premises consists 2.1. In consideration of the Building Rent hereby agreed to be constructed paid to Lessor by Lessee and the agreements and covenants herein made by Lessee, during the Lease Term, Lessor hereby leases to Lessee the Leased Premises, and grants the right to use Common Areas of the Leased Building and the right to use Common Areas of the Ichon Complex on a non-exclusive basis with Lessor upon the terms and conditions contained herein. 2.2. As consideration for the Rent hereby agreed to be paid to Lessor by Lessee, as an essential inducement to Lessee to enter into this Agreement, as one of the necessary rights for the use and benefit of this Agreement by Lessee, and as consideration for the agreements and covenants herein made by Lessee, Lessor hereby grants to Lessee with a right (i) to access and ingress to, and egress from, the Ichon Complex for the purpose of using the Leased Premises and any Expansion Space, if applicable, in accordance with this Agreement, (ii) to use the Common Areas of the Leased Building and (iii) to pass and xxxxxx to and from and through the Leased Building or any part thereof over and along roads, accessways, paths, corridors, hallways, highways, skybridges, walkways, arcades and all landscaped areas (including pools and fountains) and other thoroughfares within the Ichon Complex owned by Lessor (together the “Common Areas of the Ichon Complex”), provided that Lessee shall fully comply with all Applicable Laws and applicable Rules and Regulations. Lessor represents that all of such portions of the Ichon Complex are available for use by Lessee for the purpose using the Leased Premises or operating the Business. Lessor acknowledges that any reduction in the rights granted to Lessee under this Section 2.2 would cause immediate and irreparable harm to Lessee and will entitle Lessee, in addition to any other remedies Lessee may have hereunder or otherwise under Applicable Laws, to stop any such reduction by injunction, whether such reduction arises from the acts of Lessor, or any other party claiming an interest in the Ichon Complex against Lessor. The rights granted hereunder shall be integral to the grants of the rights under Section 2.1 and elsewhere in this Agreement, shall benefit Lessee and run with Lessee’s interest under this Agreement, and shall automatically pass to any successor and permitted assign of Lessee. 2.3. Lessee acknowledges and agrees that Lessee has the right to occupy and use the Leased Premises only for the purposes provided, and upon the terms and conditions set forth, in this Agreement. In addition, Lessor hereby grants to Lessee a right to register the lease and rights created under this Agreement (“deunggi imchakwon”) over the Leased Premises (the “Lease Right”) with the relevant real property registry offices, having a term of the Lease Term. The Parties each, upon the request of the other, agree to submit a joint application to re-register the Lease Right to include any Extension Term. Lessor will take any action necessary to maintain or cause to be maintained the Lease Right during the Lease Term. 2.4. In addition to the Leased Premises leased herein, Lessor and Lessee acknowledge and agree that there may be additional space which has not been identified but which historically has been used by the Sublessor System IC Division of Lessor and which shall continue to be required or desired by Lessee. If, within one year of the Closing Date, any such additional space is identified and requested by Lessee, Lessor shall provide such additional space to Lessee in a manner consistent with the other Leased Premises, at a price no greater than actual cost. 2.5. Lessor may request within the first sixty (60) days’ after the Closing by sixty (60) days’ prior written notice to Lessee that Lessee relocate its Leased Premises (the “New Leased Premises”) so long as the following conditions are satisfied: (a) the location and size shall be as shown on Exhibit A-2, (b) all terms and conditions set forth herein shall remain in full force and effect with respect to the New Leased Premises (except that the Agreement will be amended solely to attach a new Exhibit B depicting the New Leased Premises), and (c) Lessor shall pay all relocation costs relating to such relocation. In the event that Lessee relocates to the New Leased Premises, (a) Lessee has the right to expand into the Expansion Space in accordance with the terms hereof together with the rightof Article 23, appurtenant thereto and (b) to the exclusive use extent that Lessee enters into an agreement with ASTEC (Hyundai Advanced Service Technology) (“ASTEC”) for certain of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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) Utilities Services (the “LotASTEC Agreement”), Lessor will provide those services not otherwise provided by ASTEC which Lessor is obligated to provide hereunder, and the present, planned location Utilities Fee shall thereafter be reduced pro rata commencing with the next due monthly payment. 2.6. Each Party shall cooperate with the other Party and configuration of which are shown on the conceptual site plan attached hereto take or cause to be taken such actions as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall may 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 reasonably requested 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities other Party 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 delay in the permitting or construction of the Premises in accordance comply with the 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, the forms, terms other Party’s reasonable security rules 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 the PDAregulations.

Premises. The Premises consists 1.1 Subject to all of the Building to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to 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 approximately 37,174 rentable square feet of the building commonly known as 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx (the “Building”). The Premises is comprised of an area containing approximately 25,472 rentable square feet (the “Existing Space”) that is currently occupied by Tenant under an existing sublease (the “Sublease”) that expires July 31, 2006 (including all of the improvements therein existing on the date hereof), and an area containing approximately 11,702 rentable square feet (the “Expansion Space”). Sublessee The Existing Space and the Expansion Space are more particularly shown on Exhibit B. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord; provided that in the event that more than six (6) of the existing buildings and associated land owned by Landlord as of the date of this Lease are sold, Tenant’s share of Operating Expenses for amenities and common facilities serving the entire Project on the date of this Lease shall not exceed the pro rata share that Tenant would be obligated to pay if Landlord owned fourteen (14) of the buildings and related land. 1.2 Notwithstanding anything to the contrary in this Lease, the recital of the rentable area herein above set forth is for descriptive purposes only. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. The Tenant has inspected the Premises Ground Lease Amendment may include such additional land so long as (i) and is fully familiar with the Ground Lease is not terminable as scope and size thereof and agrees to pay the Lot should Sublessor fail to construct improvements other than full Base Rent and Additional Rent set forth herein in consideration for the Building use and Common Facilities on the Lot and (ii) the inclusion occupancy of such additional land area will not result in any delay in the permitting or construction said space, regardless of the Premises in accordance with the terms hereofactual number of square feet contained therein. Sublessor agrees that it shall not commence construction or development For purposes of any additional buildings or improvements on the premises demised to Sublessor this Lease, (or any affiliate thereof1) under or “rentable area” and “usable area” have been calculated pursuant to the Ground Lease until Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “rentable square feet” and “rentable footage” shall have the Delivery Date. Subject to same meaning as the foregoing, term “rentable area;” and (3) “usable square feet” and “usable square footage” shall have the forms, terms and conditions of same meaning as 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 the PDAterm “usable area.”

Premises. The Premises consists Subject to and with the benefit of the 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 to (hereinafter, the “Tenant’s Space”), together with the appurtenances described below and in Sections 10.14 and 10.15 of this Lease. Tenant’s Space, as the same may be constructed by the Sublessor expanded in accordance with the terms hereof Exhibit M, together with such appurtenances, is hereinafter collectively referred to as "the rightPremises". Tenant shall have, as appurtenant to the Premises, the right to use the “Building Parking Area” on the plan attached as Exhibit A, all subject to and as further provided in Section 10.14 hereof. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto (except as otherwise noted below or elsewhere in this Lease to the contrary), subject to reasonable rules of general applicability to tenants and owners of other lots in the park shown on the Plan of the Park (i.e. The Middlesex Technology Center) attached hereto as Exhibit A (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 hereafter located in the Building, and located at the Park, including, without limitation, duct shafts, electrical and common risers, main electrical room and the Common Areas shown on the Plan of the Park attached hereto as Exhibit A (collectively, the “Common Areas”), as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof, it being understood and agreed that any amendments or modifications materially affecting the Lot, shall require Tenant’s prior written approval, which such approval shall not be unreasonably withheld or delayed. Landlord may not request any changes which would reduce Tenants Parking, limit access or visibility to the Premises. Any changes interfering with Tenant’s use and operation of its business thereon shall be at the sole discretion of the Tenant. Tenant’s consent to any request for changes shall be deemed granted in the event that Tenant fails to respond within thirty (30) days of Landlord’s written request for approval therefor; (b) all rights to access, all service areas (except that Tenant shall be entitled to the exclusive use of the Common Facilities one (1) existing tailboard loading dock and one (1) additional tailboard loading dock is to be constructed by Landlord pursuant to Article III hereof, specifically at Landlord’s cost), drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, (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 Sublessor entire Park, if any, (e) all rights appurtenant to the Lot created in accordance with or conveyed by the terms hereof deed to Landlord, if any, (f) all means of access to and from the Building to the Common Areas, including, without limitation, all sidewalks, roads, driveways and the land area appurtenant thereto comprising approximately five like, and (5g) acresall utility lines, which land area shall consist of a portion electricity, water and sewage disposal. Landlord reserves the right from time to time, without unreasonable interference with Tenant's use, and subject to the preceding paragraph, (a) to install, repair, replace, use, maintain and relocate for service to the Premises and to other parts of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) Building or either, Building service fixtures 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 equipment wherever located in the Building, Common Facilities and Lot shall be subject (b) 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 Premisesalter or relocate any other common facility, 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 provided 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 (substitutions are substantially equivalent 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 Leasebetter, (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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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 foregoingfixtures and equipment are placed above Tenant’s ceilings, the forms, terms behind its walls 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 the PDAbelow its flooring.

Premises. The Landlord hereby leases the Premises consists to Tenant and Tenant hereby leases the Premises from Landlord for the Lease Term, subject to and with the benefit of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightterms, appurtenant thereto covenants and conditions of this Lease, and of rights, agreements, easements and restrictions of record applicable to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresProperty, which land area shall consist of a portion of the 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 all of which Tenant shall perform and observe insofar as the same 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 applicable 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 Tenant shall 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease access to the premises currently leased thereunder on twenty-four (24) hours per day, seven (7) days per week during the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the futureTerm, additional buildings and improvements (subject to the terms and conditions hereofof this Lease. Tenant shall have the right to the non-exclusive use of all exterior portions of the Property that are designated by Landlord from time to time for the common use of Tenant, Landlord, and all other tenants of the Building at and above grade level, but Tenant shall not have any right of access, control over, or other ability to use any portion of the Property below grade level, all of which is hereby reserved to Landlord. Notwithstanding anything set forth elsewhere in this Lease to the contrary, Tenant shall not have the right to use the roof of the Building or any portion thereof except with the prior written consent of Landlord (which prior written consent of Landlord may be withheld by Landlord in its sole and absolute discretion). Sublessee agrees that Notwithstanding the Premises Ground Lease Amendment foregoing, Landlord shall construct an approximate 16’ x 35’ concrete pad (the “Generator Pad”) close to the building, and Tenant shall have the right to install thereon generator(s), compressor(s) and such other equipment as Tenant may include such additional land so long as desire, subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary set forth elsewhere in this Lease, Landlord shall have the right to use (ia) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than roof of the Building and Common Facilities on any and all portions thereof at any time or times during the Lot Lease Term for the installation and/or operation of solar equipment, antennae and other communication equipment, water collection facilities, and/or such other equipment as Landlord shall deem necessary or appropriate and (iib) the inclusion Land and any and all portions thereof at any time or times during the Lease Term for the installation and/or operation of solar panels, wind turbines, communication equipment, billboards, and/or such additional land area other ground-based equipment as Landlord shall deem necessary or appropriate, and in each case Landlord will use commercially reasonable efforts not result in any delay in the permitting or construction to materially interfere with Tenant’s use of the Premises or increase Tenant’s costs. Tenant shall have the right to use the roof of the Building (or such other portion of the Property as Landlord shall reasonably determine) in accordance common with the terms hereof. Sublessor agrees Landlord for the installation of HVAC and other equipment and apparatuses as Tenant may desire, subject to Landlord’s prior written consent in each individual case, which consent may be granted or withheld in Landlord’s sole and absolute discretion; provided that it Tenant shall not commence construction remove any such HVAC equipment upon the expiration 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, the forms, terms and conditions earlier termination 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 the PDATerm.

Premises. The Premises consists (a) Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the provisions of this Lease, certain premises described in Subsection 1.01(i) above (“Premises”) located within the building described in Subsection 1.01(h) (the “Building”) owned by Landlord, and which is a portion of the “Project” identified in Subsection 1.01(f). The Site Plan for the Project attached hereto as Exhibit B is attached for location reference purposes only and shall not constitute a representation or warranty by Landlord to 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 term “Rentable Area of the Premises,” “rentable square feet,” “actual square footage” and words of similar import (whether or not spelled with initial capitals) as used in this Lease will be determined using the “American National Standard Z65.1-1996 for a multi-tenant building” by BOMA International. Tenant acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent, property manager or broker of Landlord has made any representation or warranty with respect to the Premises, the Building, the Common Areas or the Project or their suitability for the conduct of Tenant’s business and, that except only for any improvements that Landlord has expressly agreed herein to construct and install, the Premises are leased in the “AS IS” condition existing at the time of execution of this Lease. Notwithstanding the foregoing, Landlord represents that the Building was constructed in a first-class manner with good workmanship and materials and was in compliance with all applicable laws, codes, ordinances, rules and regulations existing as of the date the Building was constructed, and that the tenant improvements to be constructed by the Sublessor Landlord under Article III herein will be constructed in accordance a first-class manner with the terms hereof together good workmanship and materials and in compliance with the rightall applicable laws, appurtenant thereto to the exclusive use codes, ordinance, rules and regulations existing as of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 Commencement Date 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 evidenced by the City of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide Bothell’s issuance of a certificate of occupancy for the addition of that portion of the Lot Building. To Landlord’s knowledge, Landlord has not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA received written notice with respect to the Building and 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 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 delay in the permitting or construction violation of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development Property of any additional buildings applicable law, rule 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, 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 the PDAregulation.

Premises. The Premises consists of premises leased hereunder are in W & P Industrial Park, a 275-acre industrial park located in Harris County, Texas, commonly known as The San Jacinto River & Rail Park, 00000 Xxxxxxxx Xxxxxxx, Xxxxxxx, Xxxxx (the Building “Park”), as may be increased or reduced from time to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area time. The premises shall consist of a portion of the 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 on Exhibit “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 LeaseA” 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 AgreementPremises”). Notwithstanding anything contained herein to the contrary, Landlord shall obtain or cause to be obtained, at its sole cost and expense, a formal survey of the Premises from a Registered Professional Land Surveyor currently licensed by the State of Texas (the "Survey") simultaneously with no later than six (6) calendar months subsequent to the execution and delivery of such amendment, all as soon as reasonably practicableEffective Date. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) Survey shall substantially and materially cover and provide for the addition same amount of acreage in the same configuration as the description of the Premises upon execution of this Lease; provided, however, the parties acknowledge, stipulate, and agree that, (a) notwithstanding that Exhibit "A" attached to the Lease or the Survey (as may be case) may depict the acreage of the Premises as less than 3.5 acres of land, the acreage of the Premises shall be deemed to be no less than 3.5 acres of land solely and exclusively for purposes of paying the Monthly Base Rent pursuant to Section 2 of this Lease, and (b) in no event shall the Survey, the Premises, or this Lease encompass or include any portion of the Lot not presently leased to Sublessor under the Ground Lease drainage ditches adjacent to the premises currently leased thereunder roads on the same terms southwesterly and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction southeasterly boundaries of the Premises Premises. Landlord shall promptly transmit the Survey to Tenant upon receipt thereof. Tenant may approve or reject the Survey in accordance with its commercially reasonable discretion. Upon Tenant's approval, the terms hereofSurvey shall be deemed to constitute the description of the Premises, and Exhibit "A" shall be immediately and automatically amended, modified, and replaced in its entirety by parties hereto to reflect the Survey. 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 Notwithstanding the foregoing, Landlord’s obligation to correct or revise the formsSurvey pursuant to Tenant's objections shall be capped at and shall not exceed $5,000.00 in the aggregate. For the avoidance of doubt, terms if any revisions to the Survey are requested and conditions such revisions will require Landlord to spend more than $5,000.00 in the aggregate above and beyond the initial cost of the Premises Ground Lease Amendment Survey, then Landlord shall have no obligation to incur any additional costs or expenses in excess of such amount on revising the Survey unless and until the parties discuss how such costs or expenses will be subject to allocated between 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 the PDAparties.

Premises. The Premises consists property located at 11500, 11508, 11510, 11512, 11514 and 00000 X. Xxxx Xxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, located in the County of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightLos Angeles, appurtenant thereto to the exclusive use State of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresCalifornia, which land area shall consist of a portion of the 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 on 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 A attached hereto (the “PDA Non-Disturbance AgreementPremises”). (See also Section 2 below.) Sublessor is the current Lessee of the Premises under that certain Lease Agreement dated as of June 12, 2015 (as amended, the “Master Lease”), as amended by a First Amendment to Lease Agreement dated August 1, 2015, by a Second Amendment to Lease Agreement dated September , 2016, and by a Third Amendment to Lease Agreement dated March 30, 2017, by and between Xxxxx Xxxxxxx (“Master Lessor”) simultaneously and Sublessor. It is expressly understood, acknowledged and agreed by Sublessee that this Sublease is subject to the terms, conditions and covenants of the Master Lease. Sublessee will and hereby agrees to be subject to and bound by and to comply with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Master Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building Premises and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, satisfy all applicable terms and conditions of the Premises Master Lease, including the payment to Master Lessor of the stated rent due thereunder (the “Ground Rent”) and payment to Master Landlord of the amounts due on account of the “Lessor Improvement Balance” (as defined in the Second Amendment to the Master Lease) (the “LIB Payments”), for the benefit of both Master Lessor and Sublessor, and that upon the breach of any of such terms, conditions or covenants of the Master Lease Amendment by Sublessee or upon the failure of Sublessee to pay rent or comply with any of the provisions of this Sublease, Master Lessor may exercise any and all rights and remedies granted to Master Lessor by the Master Lease, and Sublessor may exercise any and all rights and remedies granted to Sublessor by this Sublease. It is further understood and agreed that so long as Sublessee is not in default under this Sublease, the Sublessor shall maintain the Master Lease in full force and effect during the term of this Sublease; provided, however, that Sublessor will not be liable to Sublessee for any earlier termination of the Master Lease which is not due to the fault of Sublessor. Sublessee hereby acknowledges that it has read and is familiar with the terms of the Master Lease, and agrees that this Sublease is subordinate and subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Master Lease Amendment, Sublessor and Sublessee shall amend that any termination thereof will likewise terminate 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 the PDASublease.

Premises. The Premises consists of the Building to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 “LotAS-IS”), 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 Tenant acknowledges that: (i) seek approval of this Lease it has been advised by Landlord, Xxxxxxxx’s broker 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 Xxxxxx’s broker, if any, 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA satisfy itself with respect to the Building and 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 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 condition of the Premises Ground Lease Amendment may include such additional land so long as (i) including, without limitation, the Ground Lease is not terminable as to Building’s Systems, the Lot should Sublessor fail to construct improvements Building’s Structure, and the security and environmental aspects thereof), the Loading Dock, the other than areas of the Building Project, and Common Facilities on the Lot 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 inclusion same relate to Xxxxxx’s occupancy of the Premises and use of the Project; and (iii) neither Landlord nor any of Landlord’s agents has made any oral or written representations or warranties with respect to 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 and each Phase thereof for the performance of the Tenant Improvements, Tenant shall be deemed to have accepted the Premises and each Phase thereof in its then “AS IS” condition, subject to all applicable Laws. Notwithstanding this Section 3(d) above, Landlord warrants that the Building’s Systems, the Building’s Structure, and the 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 additional land area will not result in any delay in Covered Items should malfunction or fail within one hundred eighty (180) days after the permitting or construction delivery of possession of the applicable Phase of the Premises to Tenant, then Tenant shall nonetheless be deemed to have accepted such Phase of the Premises in accordance the condition required by this Lease, however Landlord shall, as Landlord’s sole obligation with respect to such matter, promptly after receipt of written notice from Tenant setting forth in reasonable detail the terms hereofnature and extent of such non-compliance, malfunction or failure, rectify the same at Landlord’s expense (“Landlord’s Warranty Work”). Sublessor agrees that it shall If Tenant does not commence construction or development give Landlord the required notice within one hundred eighty (180) days after the delivery of any additional buildings or improvements on possession of the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions applicable Phase of the Premises Ground Lease Amendment to Tenant, Landlord shall be subject have no obligation with respect 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 the PDAthat warranty.

Premises. The Premises consists of the Building 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 Sublessor 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 accordance with 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 terms hereof together with use, enjoyment, management and control of Lot A. For purposes of this Lease the rightBuilding is to contain approximately 80,000 rentable square feet. Until the Building is completed and the Parking Structure is expanded as provided below, appurtenant thereto 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 the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor Tenant pursuant to the 200 Ground Building 1 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 “LotCommercial Parking”), . Concurrently with 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 completion of the Building, Common Facilities the Commercial Parking will be increased by expanding the Parking Structure on Lot A and Lot shall be subject to approval of Sublessor the Building 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 Building 1 will share (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) Commercial Parking, (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, Shared Parking (iii) to cause landscaped common areas, sidewalks, service areas and other site facilities detailed on the PDA to enter into a non-disturbance agreement with Sublessor plans 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 practicablespecifications. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect Commercial Parking provided to the Building and Common Facilities. It is understood Building 1 shall not be allocated between Tenant 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 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 Common Facilities in order the other tenants of the Buildings. In such event, Landlord shall undertake such action to allow Sublessor effectuate such request and thereafter Tenant shall be able to construct in enforce its right to utilize such parking through towing or other reasonable measures. Upon substantial completion of the futureBuilding, additional buildings 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 improvements (subject 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 terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as product of (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 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 inclusion fitness center and swimming pool constructed on Lot B. Unless expressly provided otherwise, the term Premises as used herein shall include the Tenant Improvements (defined in Section 5.B) constructed by Tenant pursuant to Section 5.B. Tenant acknowledges Landlord’s right to and hereby consents to construction of additional building(s) within the Project or on adjacent land owned by Landlord, provided however, such additional land area construction will not result in any delay in the permitting or construction increased obligations of the Premises in accordance with the 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, 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 the PDATenant hereunder.

Premises. The Premises consists (a) For and in consideration of the Building rent to be constructed paid and the covenants to be performed by Tenant under this lease, Landlord agrees to lease the Premises to the Tenant, and the Tenant agrees to lease the Premises from Landlord, on the terms and conditions set forth in this lease. Except as expressly set forth in this Lease, “the Premises” is described as Space Number Three (3) and Four (4) 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 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 Sublessor 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 accordance common with the terms hereof together with Landlord and all others to whom Landlord has or may grant the right, appurtenant thereto to use the exclusive Common Areas, subject to Tenant's compliance with any rules and regulations enacted or modified by Landlord that govern the use of the Common Facilities to be constructed by Areas. ''Common Areas'' means the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the 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 space within the former Xxxxx Air Force Base as Premises excepting those areas to which Tenant is granted the exclusive right of possession, above. ''Common Areas'' is more particularly described fully defined in Article 9, herein. Tenant shall also have the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a nonexclusive right appurtenant to the Premises, use in common with Landlord, other Tradeport tenants in the harbor and occupants their employees and authorized users the right to use the invitees, Landlord’s common entrances, exits restrooms, parking lot 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 similar areas 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 facilities 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction 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 accordance 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 terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on Tenant are prohibited from parking between the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions “Y” intersection of the Premises Ground Dock and the entrance of the Dock excepting the unloading area below the fuel dock. (c) The rights of Tenant under this Lease Amendment shall be are subject to the prior written approval and subordinate to any general obligation, bond, Certificate of SublesseeParticipation, not to be unreasonably withheld, conditioned loan or delayed. Upon execution other indebtedness of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the Landlord now in 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 the PDAor hereafter created.

Premises. The Premises consists of 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 cause to be constructed by constructed, in compliance with applicable Laws, the Sublessor improvements, modifications and alterations to the Premises set forth on and in accordance with Exhibits "C" and "C-1" (collectively, the terms hereof together with "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, appurtenant thereto 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 exclusive use of Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Common Facilities to be constructed by the Sublessor in accordance Tenant Improvements with the terms hereof and the land area appurtenant thereto comprising approximately Landlord within five (5) acresbusiness days of receipt of such notice from Landlord. Within five (5) business days following such inspection, which land area Tenant shall consist deliver to Landlord a punchlist of a portion defective or incomplete portions of the land currently leased 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 workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Sublessor pursuant Tenant. (b) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Completed on or before the Estimated Commencement Date, in whole or in part, due to Tenant Delay, then 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 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 200 Ground Lease (defined below) and a portion last year of the land area designated as 160 International Drive initial Term of the Lease). (or such portion thereof as is necessary to construct c) Following the Building and Common Facilities) (determination of the “Lot”)Commencement Date, the presentparties shall execute a commencement date memorandum memorializing the Commencement Date, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final locationFree Rent Period, configuration and area of the BuildingExpiration Date, 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction Tenant's acceptance of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor and such other items reasonably requested by Landlord. (or any affiliate thereofd) under or pursuant to the Ground Lease until the Delivery Date. Subject to Notwithstanding the foregoing, upon the formsCommencement Date, terms Landlord, at Landlord's sole cost and conditions of expense, shall deliver the Premises Ground Lease Amendment in compliance with all applicable Laws and shall be subject 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, that Landlord's obligations under this Section 2(d) shall exclude damages or defects 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 such items caused by Tenant 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 the PDATenant'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 be comprised of the space illustrated on EXHIBIT B-1, subject to 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 consists shall exclude the entry and main lobby of the Building to be constructed by Building, first floor elevator lobby, first floor mail room, the Sublessor 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 accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use common other parts of the Common Facilities to be constructed by Building. If the Sublessor in accordance with Premises at any time includes less than the terms hereof 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 land area appurtenant thereto comprising approximately five thirtieth (530th) acresday following the occurrence of the "Rent Commencement Date" under the 88 Sidnxx Lease (the "88 Sidnxx Xxxt Commencement Date"), which land area shall consist of surrender a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) Premises comprised of Suites 300 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) 180 (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”"Surrender Space") 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to upon the terms and conditions of Section 12.9 hereof). Sublessee agrees that , and thereupon the Surrender Space shall be deleted from the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as demised hereunder except and 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 delay in the permitting or construction of extent thereafter reincorporated into the Premises in accordance with the terms Section 2.7 hereof. Sublessor agrees that it In the event of an 88 Sidnxx Non-fruition Termination, the Tenant may not, and shall not commence construction not, surrender the Surrender Space until the expiration or development earlier termination of any additional buildings this Lease, except as otherwise expressly provided in Section 2.1(c) below. (c) Notwithstanding anything to the contrary set forth in this Lease, if the 88 Sidnxx Xxxse should be terminated, whether by the Landlord or improvements on the premises demised to Sublessor (or any affiliate thereof) under or Tenant, pursuant to either Section 2.7 of said 88 Sidnxx Xxxse or Article 16 of Exhibit C thereto ("88 Sidnxx Non-fruition Termination"), then the Ground Lease until Tenant shall have the Delivery Date. Subject to the foregoing, 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 the PDA.option,

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises outlined on the Floor Plan attached hereto, marked Exhibit “A-I”, and incorporated herein by this reference (“Outline of Floor Plan of Premises”). The Premises consists of are located in the Building to be constructed by the Sublessor in accordance with the terms hereof Building, which, together with the rightParking Areas and three (3) additional two (2)-story office buildings situated adjacent thereto (collectively known as the Ocean Terrace Corporate Center), appurtenant thereto to is located on the exclusive use parcel or parcels of real property (“Project Site”) outlined on the Common Facilities to be constructed Project Site Plan attached hereto, marked as Exhibit “A-II”, and incorporated herein by the Sublessor in accordance this reference (“Project Site Plan”) (all of which, together with the terms hereof Building Common Areas and the land area appurtenant thereto comprising approximately five (5) acresProject Common Areas, which land area shall consist of a portion of the land currently leased by Sublessor pursuant as hereinafter defined, are collectively referred 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 “LotProject”), the present, planned location and configuration of which . The Premises 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 leased in their “AS-IS” condition 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 Premises14; provided however, 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 Premises will be improved by Landlord with the Tenant Improvements described in the Work Letter Agreement, a copy of which is not terminable attached hereto, marked as to the Lot should Sublessor fail to construct improvements other than the Building Exhibit “B” and Common Facilities on the Lot and incorporated herein by this reference (“Work Letter Agreement”); (ii) the inclusion Building Systems shall be in good working order and repair as of such additional land area will not result in any delay the Commencement Date to serve the Premises at the levels described in the permitting or construction Standards for Utilities and Services (defined below); and (iii) the Premises shall be in good working order and repair as of the Premises in accordance with the 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 Commencement Date. Subject The Premises are agreed, for the purposes of this Lease, to have approximately the foregoingnumber of Rentable Square Feet designated in Section 1.6, the forms, terms subject to adjustment as described in Section 2.2 below. The parties hereto agree that this Lease is upon and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval terms, covenants and conditions herein set forth. Each of SublesseeLandlord and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, not covenants and conditions by it to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor kept 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 the PDAperformed.

Premises. The Premises consists Subject to the conditions hereinafter expressed, Lessor, for and in consideration of the Building rents, covenants, and agreements herein contained on the part of Lessee to be constructed by paid, kept, and performed, does hereby lease, rent, let, and demise unto Lessee, and Lessee does hereby take, accept, hire, and lease from Lessor, the Sublessor Premises (as further described in and shown on Exhibit A, as such Exhibit A may be amended in accordance with the terms hereof together with 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, appurtenant thereto subject to the exclusive terms set forth herein, to use each of the Common Facilities Access Easement Area, Construction Easement Area, and Utility Easement Area for its specified purpose. The Premises, which shall include the Lessee’s appurtenant rights to 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 constructed by the Sublessor amended in accordance with the terms hereof provisions of this Lease; (c) present and future Applicable Legal Requirements of the municipality in which the land area appurtenant thereto comprising approximately five (5) acreslies, which land area shall consist and all present and future Applicable Legal Requirements of a portion any Governmental Authority, now or hereafter having jurisdiction, so long as they permit or otherwise regulate the use of the land currently leased by Sublessor pursuant to Premises for the 200 Ground Lease Permitted Use (defined belowprovided that Lessor shall not restrict or encumber the Premises for the Permitted Use after the Effective Date); (d) the condition and a portion state of repair of the land area designated Premises as 160 International Drive the same may be on the Effective Date; (e) all water charges, electric charges, and sewer rents, accrued or such portion thereof un-accrued, fixed or not fixed, from and after the Effective Date arising as is necessary to construct a result of the Building construction and Common Facilities) (operation of the “Lot”)Solar Energy Facility, the presentPermitted Improvements, planned location and configuration of which are shown on or any other appurtenant facilities or improvements associated with the conceptual site plan attached hereto as Exhibit A. The parties agree Permitted Use; and (f) full compliance by the Lessee with all Applicable Legal Requirements that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee require compliance by Lessee in accordance connection 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 Permitted Use or the 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 use the entrances, exits and roadways this Agreement as of the Tradeport designated by Effective Date includes the Xxxxx Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion Parties’ initial approximation of the LotPremises. 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 portion being known as 200 International Driveamendment to be submitted before commencement of installation work on the 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 unreasonably denied or delayed; provided, pursuant to that certain Sublease dated April 5however, 2001 by and between in the PDA, as lessor, and Sublessor, as lessee (as currently in effectevent the Lessor does not provide such approval, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants Parties shall be obligated 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 negotiate in the Exhibits or Schedules thereto have been delivered good faith in order 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 reach agreement with Sublessor and Sublessee in substantially on 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAproposed amendments.

Premises. The Premises consists Landlord, in consideration of the Building rent to be constructed by paid and the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities covenants and conditions to be constructed performed and observed by the Sublessor in accordance with the terms hereof Tenant as herein provided, and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease terms of that certain Purchase and Sale Agreement by and between Landlord, as Seller, and The Procaccanti Group, LLC, as Buyer, dated April 28, 2021 (defined below) as amended 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) (assigned, the “LotPurchase Agreement”), the presentdoes hereby demise and lease to Tenant, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final locationTenant does hereby lease and accept from Landlord, configuration upon and area of the Building, Common Facilities and Lot shall be subject to approval the terms, conditions, covenants and provisions hereof, all of Sublessor Landlord’s right, title and Sublessee interest in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former Xxxxx Air Force Base as to certain condominium units more particularly described on Exhibit A attached hereto 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 condominium project commonly known as 200 International DriveCherry Tree Condominium, pursuant to that certain Sublease a condominium development evidenced by a Master Deed dated April 5July 25, 2001 by 2006 and between the PDArecorded August 4, 2006, as lessordocument 2006C-00067, Grand Traverse County Records, situated at 2345 N. US 31 North, East Bay Township, Grand Traverse County, Michigan, TO HAVE AND TO HOLD the same, TOGETHER WITH all of Landlord’s right, title and Sublessorinterest in and to all buildings, as lessee structures and other improvements (as currently in effectwhether one or more, the “200 Ground Lease” Building”), all existing furniture, fixtures, equipment and tangible personal property located on or in the Land or Building, and all rights, easements, privileges and appurtenances thereunto belonging or appertaining (all the foregoing hereinafter referred to as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeasePremises”), unto Tenant for the Term as defined below, unless the Term shall be sooner terminated as provided in this Lease, Tenant YIELDING AND PAYING therefor unto Landlord absolutely net to Landlord, including all taxes, rates, assessments and other charges under this Lease payable by Tenant, in advance during the Term, without any deduction, all Rent as provided in this Lease. Sublessor represents Notwithstanding the foregoing, during the Term, title to the Building any alterations or additions thereto, and warrants all furniture, fixtures, equipment and personal property therein, shall remain vested in Landlord, and Landlord shall be entitled to Sublessee that a true, correct any depreciation deductions 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 investment tax credits thereon for income tax purposes. Capitalized terms used 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 not otherwise defined herein shall have the developer and lessee of the land area designated as 160 International Drive (or meanings given 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct in the futurePurchase Agreement, 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAunless otherwise indicated.

Premises. The Premises consists Effective as of the Building Substitution Space Commencement Date, the Lease is hereby modified and amended to be constructed by substitute for the Sublessor in accordance with Expanded Premises, approximately 22,002 rentable square feet, designated as Suite 1200 and located on the terms hereof together with twelfth floor of 000 Xxxxxxxx Xxxxx, Xxxxxx, Xxxxx, as shown on Exhibit A attached hereto (the right“Substitution Space”). As used herein, appurtenant thereto to the exclusive use term “Substitution Space Commencement Date” shall mean the earlier of (a) the Common Facilities to be constructed by date on which the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease Landlord Work (defined below) and a portion is Substantially Complete, as determined pursuant to the Work Letter (defined below), or (b) the date Tenant takes possession of any part of the land area designated Substitution Space for purposes of conducting business. If Landlord is delayed in delivering possession of the Substitution Space due to any reason, including without limitation the holdover or unlawful possession of such space by any third party, such delay shall not be a default by Landlord, render the Lease void or voidable, or otherwise render Landlord liable for damages. Notwithstanding the foregoing, if the construction contract to be executed by Landlord pursuant to the Work Letter is executed prior to March 24, 2004 and Landlord has not delivered the Substitution Space on or before October 1, 2004, subject to Tenant Delay (defined in the Work Letter) and Force Majeure (as 160 International Drive (or such portion thereof as is necessary to construct defined in Paragraph 19(b) of the Building and Common Facilities) (the “Lot”Lease), then Tenant shall have the presentright, planned location as its sole remedy, to terminate the Lease upon written notice to Landlord given at any time after October 1, 2004 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 prior to delivery of the BuildingSubstitution Space. In the event the Landlord Work is not Substantially Complete by July 31, Common Facilities 2004, Landlord agrees that Tenant may remain in the Expanded Premises but shall not be charged holdover rent for the Expanded Premises from August 1, 2004 through the date of Substantial Completion of the Landlord Work. Landlord also agrees to use good faith efforts to provide Tenant up to 4,000 square feet of temporary space in the Office Building for Tenant’s use during the period between July 31, 2004 and Lot the date of Substantial Completion of the Landlord Work. Such temporary space, if available, will be delivered to Tenant within 15 days after notice from Tenant requesting such space. All terms and conditions of the Lease, as modified by this Ninth Modification, shall apply to Tenant’s occupancy of the temporary space, except that Tenant shall not be required to pay Basic Rental or Additional Rental for such temporary space. However, Tenant shall be subject required to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within pay for 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 electrical service provided to the Premises, in common with other Tradeport tenants and occupants and authorized users the right such temporary space pursuant to use the entrances, exits and roadways Paragraph 7(b) 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 hereofSubstitution Space Commencement Date, 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 term “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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and 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 Building and Common Facilities in order to allow Sublessor to construct Premises” wherever used in the future, additional buildings and improvements (Lease shall mean the Substitution Space. Tenant hereby acknowledges that the Substitution Space is leased by Tenant 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 delay in the permitting or construction of the Premises in accordance with the 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, the forms, all terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of SublesseeLease, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend as amended by 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 the PDANinth Modification.

Premises. The Premises consists Landlord leases to Tenant and Tenant leases from Landlord certain premises (the “Premises”) consisting of all or part of a building (the Building “Building”) either existing or to be constructed by the Sublessor in accordance with the 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 land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to this Lease approximately in 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 “Site Plan” attached hereto as Exhibit A. The parties agree that the final locationA and incorporated herein by this reference, configuration and area which Building contains or shall contain approximately forty-five thousand (45,000) square feet of the Building“Floor Area” (as hereinafter defined), Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance together 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 certain improvements (the “TradeportImprovements”) located therein, for the “Term” (as hereinafter defined), at the rental, and upon the terms, conditions and provisions set forth in this Lease. Sublessee The Premises is a part of a larger “Shopping Center” located in the City of La Cañada, County of Los Angeles, State of California, shown on Exhibit A and legally described on Exhibit B attached hereto and incorporated herein by this reference. As used herein, the term “Floor Area” shall have as a right appurtenant mean all areas from time to time available, or held for the Premises, in common with other Tradeport tenants exclusive use and occupancy of occupants and authorized users the right to use the entrances, exits and roadways or future occupants of the Tradeport designated by Shopping Center (including, without limitation, mezzanines used for the Xxxxx Development Authority customer accessible display or sale of merchandise, provided that mezzanines used for storage or display of merchandise which is not accessible to customers shall not be included in Floor Area), measured from the exterior surface of exterior walls and from the center of interior demising partitions. Floor Area shall not include any areas used for truck parking, loading or unloading, trash storage or sidewalk. The Premises shall be constructed with a mezzanine (the “PDAMezzanine”) for common use at the Tradeport. Sublessor presently leases a portion storage and/or display of the Lotmerchandise which is not accessible to customers; provided, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by it is acknowledged and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended agreed by the Premises Ground Lease Amendment, parties that the “Ground Lease”)Mezzanine may not be used for office use. Sublessor represents and warrants Neither the Mezzanine nor the Side Yard shall be deemed 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 constitute Floor Area under this Lease and Tenant shall not be designated the developer and lessee liable for payment of the land area designated as 160 International Drive (rent 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA additional charges with respect to the Building Mezzanine or Side Yard. The parties agree and Common Facilities. It acknowledge that the Site Plan is understood not yet final and agreed that Sublessor Landlord shall seek have the right to amend make changes to the 200 Ground Lease Site Plan and the Shopping Center from time to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futuretime, 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 (iprovisions of Section 9(c) 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 delay in the permitting or construction of the Premises in accordance with the 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, 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 the PDAbelow.

Premises. The Premises consists Subject to and with the benefit of the Building provisions of this lease, Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTenant leases from Landlord, which land area shall consist of a portion of the 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 Tenant's space on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area second floor of the Building, Common Facilities excluding exterior faces of exterior walls, all common facilities of the Building and Lot all building service fixtures and equipment serving (exclusively or in common) other parts of the Building. Tenant's space includes approximately nine thousand four hundred ninety (9,490)square feet of switch space and three thousand (3,000) square feet of office space on the second floor of the Building. The Building is outlined in red upon the plan attached as Exhibit A. Tenant's space, with such exclusions, is hereinafter referred to as "the demised premises". In addition, Tenant shall be have the exclusive right to use that portion of the roof outlined on Exhibit A-2 to install and maintain certain equipment (other than antennae and other transmitting devices) approved by Landlord and at no additional charge. Tenant shall have, as appurtenant to the demised premises, the right to use in common with others entitled thereto, subject to approval reasonable rules from time to time made by Landlord of Sublessor which Tenant is given notice: (i) the common facilities, including cafeteria and Sublessee exercise room (without monthly or annual fees, except as provided for as part of Operating Expenses) from time to time included in accordance with Article 3 the Building or on the parcel of land on which the Building is located (said parcel being more particularly described in Exhibit F and Exhibit D hereofbeing hereafter referred to as "the Lot"), to the extent from time to time designated by Landlord; and (ii) the building service fixtures and equipment serving the demised premises. 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 represented by the Xxxxx Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases area outlined by 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 bold line upon said 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 Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. A. It is understood and agreed that Sublessor shall seek said plan is intended only to amend show the 200 Ground Lease to include land area in addition to that necessary for approximate size of the Lot or otherwise to construct as presently constituted and the approximate size and location of the Building and Common Facilities in order for no other purpose. Landlord reserves the right from time to allow Sublessor time (a) to construct install, repair, replace, use, maintain and relocate for service to the demised premises and to other parts of the, Building or either, building service fixtures and equipment wherever located in the futureBuilding; (b) to alter, additional buildings relocate or eliminate any other common facility; (c) to designate specific parking areas upon the Lot to be for the exclusive use of one or more users thereof; (d) to designate specific traffic routes for trucks and improvements other delivery vehicles; (subject e) to alter the size of the Building, including, without limitation, converting warehouse space to office space or office space to warehouse space; and (f) to increase and/or decrease the size of the Lot by the acquisition of adjacent land and/or the disposition of any portions thereof. No such increase or decrease shall be deemed to have occurred until Landlord shall give Tenant notice thereof. Landlord shall designate parking for at least twenty (20) cars as "Reserved for Customers" reasonably proximate to the terms and conditions hereof)Building entrance. Sublessee agrees that Notwithstanding 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 delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor foregoing, Xxxxxxxx agrees that it shall not commence construction unreasonably adversely impair access to or development of any additional buildings or improvements on egress from the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, 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 the PDApremises.