Common use of Premises Clause in Contracts

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

Premises. Landlord shall endeavor leases to tender possession Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises (with shall be considered part of the Tenant Improvements and Premises. The Premises shall be part of the Core and Shell Work Substantially Complete) Building to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required be constructed by Landlord pursuant to the terms of this Lease and part of the Work Letter are not Substantially Complete on Project, as and to the extent constructed by Landlord. On or before the Estimated date that is ninety (90) days after the Delivery Date for any reason whatsoeverDate, then this Lease Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be void included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or voidablethe calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall not be liable execute an amendment to Tenant for any loss or damage resulting therefrom this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the Term Commencement Date shall not occur until Substantial Completion amount of Core and Shell Work and Base Rent payable by Tenant, the amount of the Tenant Improvements occurs; providedImprovement Allowance, however, if and such other amounts and other terms hereof that are affected by the satisfaction rentable square footage of the requirements for Substantial Completion Premises. Until the rentable square footage of Core and Shell Work the Premises is agreed upon or the Tenant Improvements have been delayed by any Tenant Delayotherwise resolved hereunder, Substantial Completion Tenant’s monthly payments of Core and Shell Work and the Tenant Improvements Base Rent shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion calculated on the basis of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurredapproximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days after Substantial Completion following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of Core any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and Shell Work and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the Tenant Improvements, Landlord’s architect shall calculate and certify in writing amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant the Rentable Area of acknowledge that physical changes may occur from time to time in the Premises in accordance with Article 9or Building, 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 may result in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items an adjustment in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations Proportionate Share, as set forth provided in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurParagraph 7.1.

Premises. Landlord shall endeavor to tender possession In consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises. The Premises are subject to any and all liens, charges, encumbrances and matters of record (with the Tenant Improvements “Permitted Exceptions”), any exclusive uses or prohibited uses set forth in any lease for space in the Project as of the Effective Date, including, without limitation to those certain exclusive uses and prohibitions set forth on Exhibit F attached hereto, and the Core terms and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Dateconditions set forth in this Lease. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable The Area of the Premises includes a proportionate share of the common areas of the Project. The Area of Building, Area of Warehouse, Area of Total Premises, Area of Office Premises and Area of Warehouse Premises are as set forth in accordance with Article 9the Basic Lease Information, which calculation must but may be approved adjusted from time to time by Landlord to reflect any changes as may be reasonably required or result from any updated surveys, plans or drawings or as otherwise set forth herein. Landlord or Tenant shall have the right to have a licensed architect measure the rentable area of the Premises and the Building, or any portion thereof as applicable, to determine the rentable areas of the Premises based on the BOMA Standard (ANSI/BOMA Z65.1-1996, published by the Building Owners and Managers Association) (the “BOMA Standard”) and the party requesting the remeasurement shall deliver an architect’s certificate to the non-requesting party. The non-requesting party shall have fifteen (15) days to deliver comments or objections to the architect’s certificate. If the non-requesting party delivers comments or objections, Landlord and Tenant (both hereby agreeing and their respective architects shall meet and confer in good faith to act reasonably with respect to granting such approval). “Tenant Delay” shall mean resolve any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items discrepancy in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure BOMA Standard. Upon a final determination of the rentable square feet, the parties will enter into an amendment to fulfill its obligations as set forth this Lease reflecting the adjustment and all other amounts specified in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements shall be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occuradjusted accordingly.

Premises. Landlord shall endeavor to tender possession of the Premises (The parties acknowledge that, in connection with the Tenant Improvements and Tax Abatement Process, Landlord will convey title to the Core and Shell Work Substantially CompleteProperty (or a portion thereof) to Tenant on or before the Estimated Delivery DateDevelopment Authority and enter into the Prime Lease as the lessee thereunder. If Core As a result and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverat such time, then this Lease shall not become and shall be void reconstituted as a sublease between Landlord, as substandard, and Tenant, as subtenant. As set forth in the documents evidencing the Tax Abatement Process (the “Bond Documents”), upon the expiration or voidabletermination of the Prime Lease, it is the intent of the parties hereunder and under the Bond Documents that the Development Authority will re-convey the Property (or a portion thereof) to Landlord shall not (or its successor under the Bond Documents), and this Lease will be liable to reconstituted as a direct lease between Landlord (or its successor) and Tenant for any loss the Premises. In the event the Development Authority retains title to the Property (or damage resulting therefrom a portion thereof), it is the intent of the parties hereto and under the Bond Documents that this Lease would thereupon become a direct lease between the Development Authority and the Term Commencement Date shall not occur until Substantial Completion Tenant, subject to the rights of Core any lender holding a leasehold mortgage. Landlord hereby leases unto Tenant, and Shell Work Tenant hereby leases from Landlord, the Premises, subject to the terms, covenants and conditions of this Lease. The Premises are or will be located in the Tenant Improvements occurs; provided, however, if Building in the satisfaction project commonly known as New Manchester Distribution Center (all of the requirements for Substantial Completion land and existing and future buildings in the distribution center owned by Landlord [or its affiliates] being the “Property”), which is located in Xxxxxxx County, Georgia. The rentable square feet of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Phase Two Premises shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing certified to Landlord and Tenant by Landlord’s Architect (as hereinafter defined) and the Rentable Area Rent (as hereinafter defined) and other affected provisions of this Lease shall be adjusted accordingly. All exhibits attached to this Lease are incorporated herein by reference. This Lease shall create the relationship of landlord and tenant between Landlord and Tenant; no estate shall pass out of Landlord; Tenant has only a usufruct, not subject to levy and sale and not assignable by Tenant except as otherwise provided in this Lease. In addition to the interest in the Premises demised to Tenant under this Lease, Landlord hereby grants Tenant a nonexclusive right for so long as this Lease is in full force and effect to use the Common Areas, (as hereinafter defined) of the Premises Property in accordance common with Article 9others entitled to use the Common Areas, which calculation must be approved including Landlord and other tenants of the Property and their respective employees, licensees and invitees and other persons authorized by Landlord to perform services at the Property, subject to the terms and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean conditions of this Lease, including any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items all rules and regulations promulgated by Landlord in accordance with the Work Letter attached hereto terms of this Lease. The Common Areas are initially as designated on Exhibit G; (2) A-2 Landlord may from time to time change the size, use, shape, configuration or nature of any portion of the Common Areas, so long as such change does not adversely affect Tenant’s failure access, substantial benefit or enjoyment of the Premises. Neither Landlord nor Landlord’s agents have made any representations, warranties or promises with respect to fulfill its obligations the Property, the Common Areas, the physical condition of the Building, the land upon which it is erected, or the Premises, or any matter or thing affecting or related to the Premises except as expressly set forth in this Lease. Landlord represents that it has marketable and insurable title to the Building and the land on which the Building lies and that, other than as set forth in Chicago Title Insurance Company Owner’s Policy No. 72106-386555 having an effective date of July 29, 2002, and Chicago Title Insurance Company Loan Policy No. 72107-723204 having an effective date of July 29, 2002, to the best of its knowledge, there are no liens, encumbrances, easements, restrictions, covenants, zoning laws or regulations affecting the Building or Property which adversely affect 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 Tenant’s rights hereunder or the Tenant Improvements that differ from Landlord’s standard work foreclosure of which or that have an unusually long lead-time for delivery; (5) a willful other exercise of rights would terminate this Lease or negligent act or omission of Tenant or otherwise adversely affect Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurrights hereunder.

Premises. Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by Tenant as hereinafter set forth, hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises for the exclusive use of the Tenant in the Building for the Lease Term and upon the conditions and agreements hereinafter set forth below. Landlord shall endeavor to tender possession and Tenant stipulate that the estimated rentable square footages of the Premises (with the Tenant Improvements and the Core Building, respectively, are as set forth in the Summary of Basic Lease Terms. This Lease shall constitute a binding agreement between the parties effective as of the Effective Date. In addition to the use of Premises, Tenant shall have use of all of the hallways, entryways, stairs, elevators, driveways, parking areas, walkways, common kitchens, conference rooms, restrooms and Shell Work Substantially Complete) all other areas in the Building or on the Land that are provided from time to time by Landlord for the general nonexclusive use by Tenant and other tenants of the Building (the “Common Area”). Tenant will have the ability to use additional amenities, on a non-exclusive basis, including certain common kitchens, bathrooms, conference rooms, and other amenities provided by the Landlord to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required from time to time pursuant to the terms of this Lease (the “Amenities”), which Amenities are a part of the Common Area and situated in certain areas designated by Landlord (the “Amenities Area”). Provisions regarding the remodeling or construction of Landlord’s Work within the Premises are set forth in the Work Letter. Except as set forth in the Work Letter are not Substantially Complete or otherwise in this Lease, Landlord has no obligation for the completion of any finish work or remodeling of the Premises, other than being delivered freshly painted and in broom clean condition. Other than as set forth herein, Tenant shall accept the Premises on or before the Estimated Delivery Commencement Date for any reason whatsoeverin their “as is” condition, then and, except as expressly set forth in this Lease shall not be void or voidableLease, Landlord shall not be liable deemed to Tenant for have made any loss representations or damage resulting therefrom and warranties with respect to the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction suitability of the requirements Premises for Substantial Completion Tenant’s use, or otherwise, and shall have no other obligation for the completion of Core and Shell Work or the Premises. By taking possession of the Premises, Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined have agreed that the same is in good order, repair, and condition. Notwithstanding the foregoing, Tenant may access the Premises prior to the Commencement Date for purposes of constructing and installing its improvements within the Laboratory Premises. Any such period of early occupancy shall be governed by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area all of the Premises in accordance with Article 9terms and conditions of this Lease, which calculation must be approved by Landlord and except that Tenant (both hereby agreeing shall have no obligation to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations pay rent except 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); (Paragraph 3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Premises. Landlord shall endeavor to tender possession (a) On the “Replacement Space Commencement Date” (as hereinafter defined), the definition and description of the Premises in the Lease shall be modified and amended (with the Tenant Improvements and the Core and Shell Work Substantially Completei) to Tenant delete the Original Premises, and (ii) to substitute for the Original Premises certain premises consisting of approximately 9,700 rentable square feet, constituting a portion of the sixth (6th) floor of the Building (the “Replacement Space”) which Replacement Space is shown shaded on or before the Estimated Delivery Sixth Floor Plan Rider attached hereto. As a result of the foregoing, the definition and description of the Premises in the Lease shall as of the Replacement Space Commencement Date. If Core and Shell Work or the Tenant Improvements as required pursuant , no longer refer to the terms of Original Premises but shall refer to the Work Letter are not Substantially Complete on or before Replacement Space described herein. (b) Promptly following the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom date that the “Plans and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when Specifications” (as reasonably determined defined in the Landlord’s Work Rider attached hereto) are prepared by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant measure the Rentable Area area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and furnish to Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion its certification of the Core and Shell Work or the TI Work that results from or arises out of any rentable square foot area of the following: (1) delays or failure Premises. Landlord’s architect shall measure the Premises from the outside face of Tenant exterior walls and from the centerline of interior demising walls. The figure thus obtained shall be multiplied by 123.20% to deliver items arrive at the rentable square foot area of the Premises. If the rentable square foot area of the Premises is other than 9,700 square feet, the Annual Rent set forth in accordance with the Work Letter attached hereto as Exhibit G; (2) Section 3 hereof and Tenant’s failure to fulfill its obligations Share shall be adjusted proportionately. The parties acknowledge that there are multiple methods of computing rentable area and hereby agree for the purposes of this Lease that the rentable area of the Premises shall be determined as set forth above. (c) Landlord shall improve the Replacement Space in this Lease conformity with and to the extent of the Landlord’s Work Rider attached hereto (the “Landlord’s Work”), and shall have no other obligation to do any work in and to the Replacement Space or the Work Letter (including any failure Building to review or approve or disapprove any items in accordance with render them ready for Tenant’s occupancy. Subject to 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 Work Rider, Tenant or Tenant’s Agents that interferes with has inspected the progress of Replacement Space and agrees to take the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts Replacement Space in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurits present “as is” condition.

Premises. Landlord shall endeavor to tender possession That portion of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms shall be determined following completion of the Work Letter are not Substantially Complete on or before Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidablepreliminary space plans, Landlord shall not be liable submit to Tenant Tenant, for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; providedTenant’s reasonable approval, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed a written certification made by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify of the exact amount of Rentable Area contained in writing the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to Landlord and Tenant measure the Rentable Area of the Premises Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in accordance with Article 9good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, which calculation must be approved by Landlord and Tenant (both hereby agreeing shall execute a commercially reasonable amendment to act reasonably with respect this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to granting such approval)this Lease required by reason of the certified Rentable Area. “Tenant Delay” In no event shall mean any delay the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the commencement or completion of the Core Building and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items make appropriate adjustments in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of 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 which are affected 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 leadsuch re-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within measurement. Within ten (10) calendar business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord delivers a draft Budget commercially reasonable amendment to Tenant or any request this Lease as prepared by Tenant that Landlord, which amendment shall set forth the scope revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice Landlord’s re-measurement of the date when Landlord believes the Term Commencement Date will occurBuilding.

Premises. Landlord shall endeavor (a) Subject to tender possession the provisions of this Lease, Port hereby leases to Tenant, and Tenant hereby leases from Port, the Premises in the Facility identified in the Basic Lease Information. The Premises has the address and contains the square footage specified in the Basic Lease Information. The location and dimensions of the Premises are depicted on Exhibit A attached hereto and incorporated herein by reference. Port and Tenant agree and acknowledge that any statement of rentable or usable (if applicable) square footage set forth in this Lease is an approximation which Port and Tenant agree is reasonable and that the usable square footage of the Premises may be less than the rentable square footage of the Premises. Port and Tenant further agree and acknowledge that the rentable square footage of the Premises shall be used at all times to calculate the Base Rent due and payable by Tenant under this Lease and neither the Base Rent nor any other economic term based on rentable square footage shall be subject to revision whether or not the actual rentable or usable square footage is more or less. (b) Tenant shall have the non-exclusive right to use, together with other tenants, the Tenant Improvements and Common Areas. All of the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Common Areas shall at all times be subject to the terms exclusive control, regulation, and management of Port. Port shall have the right to construct, maintain, and operate lighting facilities on all Common Areas; to patrol all Common Areas; to temporarily close any Common Areas for maintenance, repairs or alterations; from time to time to change the area, level, location and arrangement of Common Area facilities; to use the Common Areas and restrict access and use of the Work Letter are not Substantially Complete same during the maintenance, repair, construction or reconstruction of buildings, additions or improvements; to erect buildings, additions and improvements on the Common Areas from time to time; and to restrict parking by tenants, their Agents and Invitees. Port may operate and maintain the Common Areas and perform such other acts and make such other changes at any time and from time to time in the size, shape, location, number and extent of the Common Areas or before the Estimated Delivery Date for any reason whatsoever, then this Lease of them as Port in its sole discretion shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursdetermine; provided, however, if the satisfaction that no exercise by Port of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements its rights hereunder shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect unreasonably restrict access to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Premises. Subject to the terms and conditions set forth in this Lease, Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord, the Premises as shown on Exhibit A-1. Tenant has determined that if constructed in accordance with this Lease, the Premises will be acceptable for Tenant's use and Tenant acknowledges that neither Landlord nor any broker or agent has made any representations or warranties in connection with the physical condition of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date their fitness for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurredTenant's use. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant ImprovementsDelivery Date, Landlord’s architect 's space measurement consultant shall calculate and certify verify in writing to Landlord and Tenant the Rentable Area number of rentable square feet contained in the Premises in accordance with Article 9and the Building, which calculation must and such verification shall be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items made in accordance with the Work Letter attached hereto as Exhibit G; Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1 - 1996 (2) Tenant’s failure to fulfill its obligations as "BOMA"). In the event that Landlord's space measurement consultant determines that the amounts thereof shall be different from those set forth in this Lease, Landlord shall modify all amounts, percentages and figures appearing or referred to in this Lease or to conform to such corrected rentable square footage (including, without limitation, the Work Letter (including any failure amount of Base Rent and Tenant's Percentage Share). If such modification is made, it will be confirmed in writing by Landlord to review or approve or disapprove any items in accordance with Tenant. Tenant's architect shall have 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 materialsopportunity, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget but only within ten (10) calendar days after Landlord delivers a draft Budget Landlord's written notice to Tenant or any request by Tenant that the scope of the verified number of rentable square feet (after which time Tenant Improvements shall have no right to object to such verification as provided hereinbelow), to consult with Landlord's space measurement consultant regarding such verification to confirm that Landlord's space measurement consultant's determination is accurate and in accordance with BOMA; provided, however, that Tenant shall notify Landlord in writing of any objection to such determination no later than three (3) days after Tenant's consultation with Landlord's space measurement consultant. Tenant's failure to timely object to Landlord's determination shall be modified deemed Tenant's acceptance of such determination and such determination shall then be conclusive and binding upon the parties. Tenant's objection notice, if any, shall include the basis for Tenant's objection to such determination in connection with the Budget; or sufficient detail to allow Landlord's space measurement consultant to investigate such objection. Landlord's space measurement consultant shall, no later than fifteen (715) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to days after Landlord's receipt of Tenant's objection notice, provide Tenant with at least thirty a second determination (30) days prior written notice which may or may not be revised from the first determination based on such consultant's reasonable applicable of BOMA standards), which second determination shall then be conclusive and binding upon the date when Landlord believes the Term Commencement Date will occurparties.

Premises. Subject to the terms, covenants and conditions of this Lease, Landlord leases to Tenant the Premises so long as this Lease remains in effect. Tenant shall endeavor also have a License to tender possession the extent required for utility lines and access, as set forth in the Recitals and the Basic Lease Information, for so long as this Lease remains in effect. Except under a valid lease or other use agreement, Tenant shall not use or occupy space outside the Premises without the prior written consent of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery DateAuthority Director. If Core and Shell Work Tenant uses or occupies space outside the Tenant Improvements as required pursuant to Premises without the terms prior written consent of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverLandlord, then this Lease Tenant shall not be void or voidableimmediately vacate such space upon Landlord’s request. Without waiving Landlord’s additional remedies, Landlord shall not be liable have the right to charge Tenant for each day of any loss or damage resulting therefrom and such unauthorized use in an amount equal to the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction higher of the requirements (a) highest rental rate then approved by Landlord's Board of Directors for Substantial Completion of Core and Shell Work the applicable land area on a per square foot basis, or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (b) then current fair market rent for such area as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor also impose an administrative penalty, in good faith amount determined by the Authority Director, for any notice to provide vacate unauthorized space sent by Landlord to Tenant. In no event shall acceptance by Landlord of this charge or administrative penalty be deemed a consent by Landlord to the use or occupancy by Tenant with at least thirty (30) days prior written notice or be deemed a waiver of the date when any and all other rights and remedies of Landlord believes the Term Commencement Date will occurunder this Lease. Tenant’s indemnity obligations under this Lease shall include any damage, loss or injury occurring in a space that Tenant uses or occupies without Landlord’s consent.

Premises. Landlord shall endeavor hereby leases the Premises to tender possession Tenant upon the terms and conditions contained herein. Landlord hereby grants to Tenant a license for the right to use, on a non-exclusive basis, parking areas and ancillary facilities located within the Common Areas of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Park, subject to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursLease; provided, however, such license shall only be revocable (i) if Tenant is in default of its obligations under this Lease beyond applicable cure periods, or (ii) upon the satisfaction expiration or earlier termination of this Lease. For purposes of this Lease, the term "Premises" shall mean and refer to the entirety of both of the requirements Buildings, namely, Building A and Building B situated within the Park. Landlord and Tenant hereby agree that for Substantial Completion purposes of Core and Shell Work or this Lease, as of the Tenant Improvements have been delayed by any Tenant DelayLease Date, Substantial Completion the rentable square footage area of Core and Shell Work the Premises, the Buildings, the Lot and the Tenant Improvements Park shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion be the number of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations rentable square feet as set forth in this the Basic Lease or Information on Page 1; provided, however, within fifteen (15) days after the Work Letter date on which Landlord causes the Buildings to be Substantially Completed (including any failure as such term is defined in Exhibit B hereto), Tenant may have its architect verify the actual rentable square feet contained within the Premises (i.e. the Buildings), provided that the basis of such measurement shall be measured from drip line to review or approve or disapprove any items drip line and not in accordance with BOMA standards. Tenant hereby acknowledges that 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 rentable square footage of the work; Premises may include a proportionate share of certain areas used in common by all occupants of the Buildings (6) failure of for example an electrical room or telephone room). Landlord and Tenant hereby acknowledge and agree that as of the Lease Date the Buildings have not been constructed on the Lot. After Landlord has Substantially Completed (as such term is defined in Exhibit B hereto) the Shell Improvements, Landlord and Tenant shall execute a written amendment to agree this Lease, substantially in the form of Exhibit F hereto, wherein the parties shall specify the (for any reasoni) actual approximate rentable square footage of each of the Premises, provided Landlord acts the Buildings and the Park, (ii) actual amount of Base Rent to be paid by Tenant, which shall be based upon the amount of base rent per rentable square foot as set forth in good faith the Basic Lease Information, (iii) actual amount of Tenant's Share of the expenses set forth in the Basic Lease Information, which share shall be based upon such approximate rentable square footages, and diligently to work with (iv) the Premises Addresses. Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant further agrees that the scope number of rentable square feet of the Tenant Improvements be modified in connection Buildings, the Lot and the Park may subsequently change after the Lease Date commensurate with the Budget; or (7) delays caused by any revision modifications to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice any of the date when foregoing by Landlord believes due to any casualty to, or condemnation of, any portion of the Term Commencement Date will occurPremises, and Tenant's Share shall accordingly change.

Premises. Landlord hereby leases the Premises to Tenant, and Tenant leases the Premises from Landlord, upon the terms and conditions of this Lease. Tenant agrees that the rentable floor areas of the Premises, the Buildings, and the Property set forth the in Basic Lease Information are approximations that are reasonable and shall endeavor not be subject to tender possession revision except as expressly provided in this Section 1. Accordingly, for all purposes related to this Lease, the rentable area of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements Buildings as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be conclusively deemed to occur when (as reasonably determined by Landlord) Substantial Completion be the number of Core and Shell Work and rentable square feet for such spaces set forth in the Basic Lease Information. 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 acknowledges that the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area rentable square footage of the Premises may include a proportionate share of certain areas used in accordance with Article 9common by all tenants of the Buildings, which calculation must be approved by such as an electrical room or telephone room. If after the Lease Date Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). conveys its interest in a part, but less than all of, the Property, the term “Tenant DelayProperty” shall mean any delay in be adjusted to refer only to the commencement or completion part of the Core and Shell Work Property that Landlord continues to own after such conveyance. If either Building is modified after the Lease Date in a manner that actually changes its rentable area, or the TI Work that results from or arises out of any if Landlord conveys a part of the following: (1) delays or failure of Tenant to deliver items in accordance with Property and the Work Letter attached hereto as Exhibit G; (2) term “Property” is redefined under the previous sentence, Tenant’s failure Share shall be adjusted to fulfill its obligations as set forth in this Lease or be 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 quotient of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope rentable area of the Tenant Improvements be modified in connection with Premises divided by the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice rentable area of the date when Landlord believes the Term Commencement Date will occurProperty, expressed as a percentage.

Premises. Landlord The Premises shall endeavor be modified and expanded from approximately 10,089 gross leasable square feet to tender possession approximately16,786 gross leasable square feet by the addition of approximately 6,697 gross leasable square feet (the “Expansion Premises”) to the Original Premises. The Expansion Premises shall be as shown as the cross-hatched area on Exhibit A hereto (the contents of which are incorporated hereby by reference). The definitions of “Premises”, “Leased Premises” and “Tenant’s Gross Leasable Area” under section 1.4 of the Premises Original Lease are hereby amended, from and after the New Commencement Date (with the Tenant Improvements and the Core and Shell Work Substantially Completeas hereinafter defined) to Tenant on or before include the Estimated Delivery DateExpansion Premises for all purposes under the Lease, as amended by this First Amendment. If Core and Shell Work or the Tenant Improvements as required For purposes of this Lease, “square feet of gross leasable area” shall mean “rentable area” calculated pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date Standard Method for any reason whatsoeverMeasuring Floor Area in Office Buildings, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when ANSJ/BOMA 265.1 -1996 (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred“BOMA”). Within thirty (30) days after Substantial Completion following the date Tenant commences its occupancy of Core the Expansion Premises, Tenant may, at its sole discretion, elect to cause the number of square feet of gross leasable area of the Premises to be verified by Tenant’s space measurement consultant, and Shell Work and such verification shall be made in accordance with the Tenant Improvements, provisions of this section. Landlord’s architect shall calculate may consult with Tenant’s space measurement consultant regarding verification of the number of square feet of gross leasable area of the Premises; however, the determination of Tenant’s space measurement consultant shall, except as provided below, be conclusive and certify in writing to binding upon the parties. If Landlord disagrees with the square footage as determined by Tenant’s space measurement consultant and gives Tenant written notice thereof within fourteen (14) days after the date Landlord received written notice of such determination, Landlord and Tenant shall, in good faith, attempt to resolve the Rentable Area of disagreement. If Landlord and Tenant are unable to resolve the disagreement within ten (10) days following the date Tenant receives Landlord’s disagreement notice, then the parties shall promptly appoint a mutually acceptable architect to remeasure the Premises in accordance with Article 9BOMA, which calculation must and the determination of such architect shall be approved binding upon Landlord and Tenant. The cost of such architect shall be home by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting unless such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work architect determines that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as measurement was error by more than three percent (3%), in which event Tenant shall pay for the cost of such architect. In the event that the foregoing measurement determines that the amounts thereof shall be different from those set forth in the Lease, as amended by this Lease First Amendment, Landlord shall modify all amounts, percentages and figures appearing or referred to in this First Amendment to conform to such corrected rentable square footage (including, without limitation, the Work Letter (including any failure to review or approve or disapprove any items in accordance with amount of the Work Letter); (3) delays caused by Tenant Change Order Requests (“Base Monthly Rent” and “Tenant’s Allocated Share” as those terms are defined in the Work Letter) or TI Tenant Change Order Requests (as defined this First Amendment). If such modification is made, it will be confirmed 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 writing by Landlord to Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Premises. Effective as of the Commencement Date, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms and subject to the conditions of this Lease, the office space identified in the Basic Lease Information as the Initial Ground Floor Premises and the Initial Third Floor Premises (together, the “Initial Premises”), in the Office Building located at the address specified in the Basic Lease Information (the “Building”). Effective as of the Additional Premises Commencement Date, Landlord shall endeavor also lease to tender Tenant and Tenant shall also lease from Landlord the office space identified in the Basic Lease Information as the “Additional Premises”. The approximate configuration and location of the Initial Ground Floor Premises is shown on Exhibit A-1, and the approximate configuration and location of the Initial Third Floor Premises and the Additional Premises is shown on Exhibit A-2. Landlord and Tenant agree that the rentable area of the Initial Premises, the Additional Premises and the Building for all purposes under this Lease shall be the applicable Rentable Areas specified in the Basic Lease Information, absent manifest and material error. The Building, together with the parking facilities serving the Building (the “Parking Facility”), and the parcel(s) of land on which the Building and the Parking Facility are situated (collectively, the “Property”), is part of the Project, including the Parking Facility serving the Project, identified in the Basic Lease Information (the “Project”). Notwithstanding the foregoing, Tenant acknowledges that Landlord’s obligation to deliver the Initial Premises and the Additional Premises (together, the “Occupied Space”) is contingent upon surrender of possession of the Premises (with Occupied Space by the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required tenants in occupancy thereof pursuant to the terms leases in effect as of the Work Letter are not Substantially Complete on or before date of this Lease. In the Estimated Delivery Date event that for any reason whatsoeverwhatsoever Landlord fails to deliver possession of any of the Occupied Space to Tenant by the estimated delivery dates set forth in the Basic Lease Information – Commencement Date, then this Lease shall not be void or voidable, voidable (except as set forth below) and in no event shall Landlord shall not be liable to Tenant, and Tenant shall have no claim against Landlord, for any loss or damage resulting therefrom from such failure to deliver or any delay in delivery. Landlord shall use commercially reasonable efforts in good faith to cause the Initial Premises and the Term Additional Premises to be delivered on or about the estimated delivery dates (subject to Force Majeure and provided that in no event shall Landlord be obligated to commence or prosecute any legal action against the existing tenants for unlawful detainer or otherwise). If Landlord has not delivered the Occupied Space to Tenant by August 1, 2006, as such date may be extended by Force Majeure delays (such date, as so extended, the “Delivery Deadline” ), then for each day during the period commencing on the first day following the Delivery Deadline and ending on the date immediately preceding the Commencement Date Date, Tenant shall not occur receive a rent credit equal to one (1) day’s monthly Base Rent otherwise payable for the Occupied Space commencing in the month immediately following the month in which Base Rent is otherwise first due under this Lease. After September 15, 2006, as such date may be extended by Force Majeure delays, then for each day during the period commencing on September 16, 2006 (as extended by Force Majeure delays), and ending on the date immediately preceding the Commencement Date, Tenant shall receive a rent credit equal to two (2) days’ monthly Base Rent otherwise payable for the Occupied Space commencing in the month immediately following the month in which Base Rent is otherwise first due under this Lease. The foregoing rent credit shall be applied as it accrues against all of Tenant’s rental obligations under the Lease in the order in which such obligations come due until Substantial Completion such credit has been exhausted. Landlord agrees to use commercially reasonable efforts to give Tenant written notice of Core and Shell Work and the Tenant Improvements occursprojected delivery date at least ten (10) days prior to the date when Landlord anticipates delivery of possession of any portion of the Premises to Tenant; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord to deliver any such notice shall not delay any such delivery date. Further, if Landlord has not delivered both the Initial Premises and the Additional Premises to Tenant by November 1, 2006, as such date may be extended by Force Majeure delays (such date, as so extended, the “Termination Deadline”), Tenant may terminate this Lease without any liability to Landlord, by written notice to Landlord given at any time after the Termination Deadline until such time as Landlord delivers possession of the Initial Premises to Tenant. If Landlord delivers possession of the Initial Premises and the Additional Premises to Tenant and Tenant has not terminated this Lease within the time specified in the immediately preceding sentence, then Tenant’s right to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect terminate this Lease pursuant to the Budget) on a mutually agreeable Budget provisions of this paragraph shall become void. If there are any Force Majeure delays under this Article 1 of this Lease, then within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that Business Days following the scope expiration of the applicable Force Majeure delay, Landlord agrees to give Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of such Force Majeure delay. Such notice by Landlord notice shall describe the date when Landlord believes Force Majeure delay, the Term Commencement Date will occurbeginning and end of such delay, and the resulting number of days of Force Majeure delay.

Premises. Landlord shall endeavor to tender possession The Premises demised by this Lease consist of that certain building (the Premises “Building”) specified in the Basic Lease Information, which Building is located in that certain real estate development (the “Project”) specified in the Basic Lease Information, together with the Tenant Improvements parcel of land on which the Building is situated. The Building has the address and contains the Core and Shell Work Substantially Complete) to Tenant on or before square footage specified in the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Basic Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursInformation; provided, however, if the satisfaction that any statement of square footage set forth in this Lease, or that may have been used in calculating any of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delayeconomic terms hereof, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to 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 Rentable Area actual square footage is more or less. The location of the Premises in accordance with Article 9Building is depicted on Exhibit A, which calculation must be approved is attached hereto and incorporated herein by Landlord and this reference. The Premises include the parking area (“Parking Area”) adjacent to the Building as shown on Exhibit A. Tenant shall have the non-exclusive right to use the Common Areas (both hereby agreeing to act reasonably with respect to granting such approvalas hereinafter defined). For purposes of this Lease, the term “Tenant DelayCommon Areas” shall mean all areas and facilities, if any, outside the Premises and within the exterior boundary line of the Project that are, from time to time, provided and designated by Landlord for the non-exclusive use of Landlord, Tenant and other tenants of the Project and their respective employees, guests and invitees. The Premises shall be leased by Tenant in “as-is” condition without any delay improvements or alterations by Landlord, except to the extent Landlord has expressly agreed to make such improvements or alterations in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Improvement 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 B. Landlord and Tenant agree to agree and shall be bound by the terms and conditions of Exhibit B. Provided Landlord does not materially, adversely affect Tenant’s use of the Premises, the Building or the Parking Area, or unreasonably interfere with Tenant’s use and quiet enjoyment of the Premises, Landlord has the right, in its sole discretion, from time to time, to: (a) make reasonable changes to the Building, the Premises and/or the Project, including, without limitation, changes in the exact configuration and/or location of ingress and egress; (b) close temporarily facilities or areas for maintenance purposes so long as reasonable access to the Building and Parking Area remains available; (c) use the Parking Area while engaged in making additional improvements, repairs or alterations to the Project or any reasonportion thereof; and (d) do and perform any other acts that alter or expand or make any other changes in, provided Landlord acts in good faith and diligently to work with Tenant or with respect to the Budget) on a mutually agreeable Budget Building, the Premises and/or the Project as Landlord may, in its sole discretion, deem to be appropriate. Without limiting the foregoing, Landlord reserves the right from time to time to install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires, and appurtenant meters and equipment for service to the Premises which are above the ceiling surfaces, below the floor surfaces, within ten (10) calendar days after the walls and in the central core areas of the Building. In connection with any of the foregoing activities of Landlord, Landlord delivers a draft Budget shall use reasonable efforts while conducting such activities to minimize any interference with Tenant’s use of the Premises. No rights to any view or to light or air over any property, whether belonging to Landlord or any other person, are granted to Tenant or by this Lease. If at any request by Tenant that the scope time any windows of the Tenant Improvements Building are reasonably temporarily darkened or the light or view therefrom is obstructed by reason of any repairs, improvements, maintenance or cleaning in or about the Building, the same shall be modified in connection with the Budget; without liability to Landlord and without any reduction or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice diminution of the date when Landlord believes the Term Commencement Date will occurTenant’s obligations under this Lease.

Premises. Landlord Tenant shall endeavor to tender possession of not utilize any electric equipment within the Premises (with a rated capacity in excess of 0.5 kilowatts. Lighting in the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease Premises shall not be void exceed 2 wattx xxx square foot and overall utilization of electricity in the Premises shall not exceed 3 wattx xxx square foot. To insure that such capacity is not exceeded and to avert possible adverse effects upon the Building electric service, Tenant shall not connect additional reproducing equipment, electronic data processing equipment, heating equipment, or voidablespecial lighting in excess of Building Standard. 8.2 Except as hereinafter provided, Landlord shall not be liable obligated to furnish any services or utilities, other than those stated in Section 8.1 above. If Landlord elects to furnish services requested by Tenant in addition to those listed in Section 8.1, or at times other than those stated in Section 8.1, Tenant shall pay to Landlord the prevailing charges in the Building for any loss or damage resulting therefrom and such services on the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction due date of the requirements next monthly installment of Base Rental. Notwithstanding anything contained herein to the contrary and notwithstanding any approval thereof by Landlord, all costs for Substantial Completion extraordinary, unusual or excessive demand for electrical or other utility service and all costs of Core and Shell Work submetering or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion monitoring of Core and Shell Work and the Tenant Improvements such use shall be deemed borne by Tenant and Landlord reserves the right to occur when (as impose an additional charge on tenant for extraordinary, unusual or excessive demand for electrical or other utility service in an amount reasonably determined by Landlord) Substantial Completion landlord to be due for such extraordinary, unusual or excessive demand. These unusual costs include, but are not limited to, 24-hour service, high consumption equipment, high concentration lighting, additional HVAC supplement for equipment or lighting-induced heat build-up and installation of Core metering equipment. Landlord reserves the right to install, at Tenant's sole cost and Shell Work expense, submeters and related equipment, relating to Tenant's use of electrical or other utilities services. If Landlord consents thereto (which consent may be withheld by Landlord for any reason whatsoever), additional Building riser capacity for electricity or other utility services may be provided, and the cost thereof, including twenty percent (20%) thereof for overhead, shall be paid by Tenant Improvements would have occurred if upon Landlord's demand. If Tenant fails to make any payment hereunder, Landlord may, without notice to Tenant and in addition to Landlord's other remedies under this Lease, discontinue any or all of such additional or after-hour services. 8.3 Failure to any extent to furnish or any stoppage or interruption of these defined services resulting from any cause beyond the reasonable control of Landlord shall not render Landlord liable in any respect for damages to property or business, nor be construed as an actual or constructive eviction, in whole or in part, nor relieve Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of its obligations under this Lease, nor entitle 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 any abatement 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 diminution of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurRent.

Premises. 2.1 Landlord shall endeavor leases the Premises to tender possession Tenant and Tenant leases the Premises from Landlord for the term and upon the conditions and covenants set forth in this Lease. Tenant will have the non-exclusive right to use (a) the common and public areas of the Building and (b) subject to such requirements (other than the payment of any fee therefor) and limitations as Landlord, in its sole and absolute discretion, may impose, the telephone room located on the twelfth (12th) floor of the Building. Except as may otherwise be expressly provided in this Lease, the lease of the Premises (does not include the right to use the roof, mechanical rooms, electrical closets, janitorial closets, parking areas or other non-common or non-public areas of the Building. 2.2 The rentable area in the Building and in the Premises shall be determined by Landlord's architect in accordance with the Tenant Improvements Building Owners and Managers Association International Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-1996. Landlord shall have the Core and Shell Work Substantially Complete) option, exercisable by written notice to Tenant on or before at any time during the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms first one hundred eighty (180) days of the Work Letter are not Substantially Complete on Term, to have the rentable floor area of the Premises remeasured by Landlord's architect in the manner described above or before any successor thereto irrespective of whether any option to expand or contract the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidablePremises is exercised by Tenant. Upon such remeasurement by the Landlord's architect, Landlord shall not be liable to may, at its option, give Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction written notice of the requirements for Substantial Completion of Core and Shell Work or rentable floor area so determined, in which event the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements rentable area as thus remeasured shall be deemed to occur when (as reasonably determined be the rentable floor area of the Premises for all purposes of this Lease, all Rent theretofore paid by Landlord) Substantial Completion of Core Tenant to Landlord during the Term shall be retroactively adjusted, and Shell Work and the any deficiency shall be paid by Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within to Landlord within thirty (30) days after Substantial Completion of Core and Shell Work and Landlord's notice to Tenant setting forth the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area rentable floor area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Premises. 2.1 Landlord leases to Tenant, and Tenant leases from Landlord, the Premises described in Section 1.6, which will consists of a Building described in Section 1.5 and other improvements on the land (the “Land”) shown on the Site Plan attached hereto as Exhibit A (the Land, Building and other improvements are collectively referred to as the “Premises”). Tenant agrees that the Premises shall be deemed to include the number of rentable square feet set forth in Section 1.7 and in no event shall Tenant have the right to challenge, demand, request or receive any change as a result of any claimed or actual error or omission in the square footage of the Premises. Landlord reserves the right at any time and from time to time to make alterations or additions to the Building or the Premises, and to demolish improvements on and to build additional improvements on the land surrounding the Building, in its sole discretion without the consent of Tenant and the same shall not be construed as a breach of this Lease provided the same does not have a material adverse effect on Tenant’s use of the Premises including but not limited to, any material blocking of the view of the Premises from adjacent streets and from the parking lot. 2.2 Landlord shall endeavor undertake certain renovations to tender possession the Building for the Tenant’s occupancy of the Premises (the “Tenant Improvements”) consistent with the approved plans and specifications for the Tenant Improvements attached hereto as Exhibit B and made a part hereof. Landlord shall provide an allowance for a portion of the Core Construction Costs of completion of the Tenant Improvements up to a maximum total charge of $63,030.00 (the “Tenant Improvement Allowance”). Tenant shall be responsible and Shell Work Substantially Completeshall pay to Landlord all Construction Costs of completion of the Tenant Improvements in excess of the Tenant Improvement Allowance within thirty (30) days of an invoice therefore from Landlord. “Construction Costs” shall mean all hard costs and soft costs of construction including all labor and materials, all engineering costs, the cost (including all governmental fees) of obtaining building permits and other permits and licenses, costs due to winter conditions, developer’s/general contractor’s fee (10% of total costs) and other costs paid or incurred by Landlord to permit and build the Tenant Improvements. If Landlord determines that the Tenant Improvements cannot be constructed in the ordinary course of business on or before the Estimated Delivery Scheduled Occupancy Date, then any resulting delay shall be considered a Tenant Delay. If Core and Shell Work or Landlord fails to complete construction of the Tenant Improvements as required pursuant to within sixty (60) days after the terms issuance of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date a building permit for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; providedby the City of Novi because of a Landlord delay, however, if then Tenant shall have the satisfaction right to complete construction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and in accordance with the Tenant Improvements shall be deemed Improvement Plans and Specifications. In addition, if Landlord fails to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within complete all punch list items within thirty (30) days after Substantial Completion Tenant’s timely delivery of Core and Shell Work and the punch list, then Tenant shall have the right to complete construction of the punch list items. All material changes from the Tenant ImprovementsImprovement Plans and Specifications which Landlord determines may be necessary during construction shall be submitted to Tenant for Tenant’s approval or rejection. If Tenant fails to notify Landlord of Tenant’s approval or rejection of such changes within five (5) days of receipt thereof, Landlord’s architect Tenant shall calculate and certify in writing be conclusively deemed to have approved such changes. Landlord and shall construct the Tenant the Rentable Area of the Premises Improvements in accordance with Article 9all applicable laws, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement rules or completion of the Core and Shell Work or the TI Work that results from or arises out regulations of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurgovernmental authority.

Premises. Landlord shall endeavor to tender possession of leases the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before and Tenant leases the Estimated Delivery DatePremises from Landlord, subject to matters of record and matters referred to below, all of which Tenant shall conform to. If Core and Shell Work or the Tenant Improvements as required pursuant Subject to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable reasonable rules established from time to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined time by Landlord) Substantial Completion of Core , Tenant shall also have appurtenant rights to use the roads, utilities and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of easements now or hereafter serving the Premises in accordance common with Article 9others to whom Landlord has granted or hereafter may grant rights (Landlord reserving the right from time to time to grant and relocate easements, to alter and diminish the shape and size of the lot and to alter driveways, walkways, parking areas and utilities serving the Building, all of which calculation must may be approved done by Landlord so long as the same do not materially and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion adversely affect Tenant’s use of the Core and Shell Work or the TI Work that results from or arises out of any Premises.) Tenant shall take ownership at no additional cost to Tenant of the following: existing Building furniture and equipment listed on Exhibit F attached (1“Existing Building Furniture and Equipment”) delays which Landlord is making available to Tenant in its “as is” condition as of the Date of Lease and without any warranty or failure representation except that Landlord warrants that there are no outstanding liens or security interests on the Existing Building Furniture and Equipment. Such Existing Building Furniture and Equipment shall hereafter be Tenant’s personal property which shall be at the sole risk 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 and such Furniture shall be removed by Tenant Change Order Requests (as defined in at 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 end of the work; Term. (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 Equipment shall be left at the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope expiration of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice term of the date when Landlord believes the Term Commencement Date will occurthis Lease.)

Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises described in Section 1.3 together with the tenant improvements described on Exhibit C ("Tenant Improvements") and together with rights of ingress and egress over public and common areas in the Building and on the land legally described on Exhibit A, including all easements pertinent to the land ("Land"). Tenant's lease of the Premises shall be subject to all of the terms and conditions of this Lease. The Premises, Building, Land, and the improvements on the Land other than the Building, are sometimes collectively referred to in this Lease as the "Property". Landlord shall endeavor complete Landlord's Work, if any, in accordance with Exhibit C. Landlord represents that the Building Improvements, upon substantial completion, shall materially comply with all applicable codes, regulations, ordinances and laws including without limitation the American With Disabilities Act. Notwithstanding anything to tender possession the contrary in this Lease, Tenant shall provide Landlord and Landlord's contractor with such access to the Premises as may be required by Landlord and Landlord's contractor to efficiently perform Landlord's Work. Tenant acknowledges and agrees that Landlord shall have no obligation to improve the Premises except as may be expressly set forth on Exhibit C. On or before the Commencement Date, Landlord may recalculate the "net rentable square feet" of the Premises (with the Tenant Improvements and net rentable square feet is calculated by taking the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area usable square feet of the Premises and multiplying by the load factor). The recalculated net rentable square feet shall be certified by Tenant's architect prior to the Commencement Date. Net rentable square feet shall be calculated in accordance with Article 9BOMA standards, utilizing a load factor of ten and 9/10th percent (10.9%) for the Building which calculation must may be approved by Landlord and Tenant (both hereby agreeing changed upon the alteration of tenant spaces or building common areas before the confirmation date letter to act reasonably with respect be sent according to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursection 3.5.

Premises. Landlord shall endeavor leases to tender possession of Tenant and Tenant leases from Landlord the Premises. Tenant accepts the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant Building “AS IS”, without relying on any representation, covenant or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved warranty by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto other than as Exhibit G; (2) Tenant’s failure to fulfill its obligations as expressly set forth in this Lease or (including, without limitation, Section 28 of this Lease). Prior to the Work Letter (including any failure Commencement Date, Tenant may, at Tenant’s sole cost and expense, cause the total rentable square footage of the Building to be measured by an architect approved by Landlord, such approval not to be unreasonably withheld, based on the applicable Building Owners and Managers Association external wall method of measurement. Tenant shall provide Landlord with a copy of such determination and allow Landlord to review or approve or disapprove any items same. If the actual measurement of the Building is less than the rentable square footage set forth in accordance with the Work Letter); Section 1(b) above by an amount which is more than 1,000 rentable square feet, then (3i) 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 Minimum Annual Rent and Annual Operating Expense payments shall be recalculated based upon the progress of the work; per square foot amount payable from time to time hereunder, (6ii) failure of all other matters herein based on Tenant’s rentable square footage shall be adjusted accordingly, and (iii) Landlord and Tenant shall enter into a written amendment to this Lease setting forth the revised measurement, calculations, Minimum Annual Rent and Annual Operating Expenses. If no measurement is timely made, then Landlord and Tenant stipulate and agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope rentable square footage of the Tenant Improvements be modified Building set forth in connection with Section 1(b) above without regard to actual measurement. Notwithstanding the Budget; or (7) delays caused by any revision foregoing, for purposes of such calculations and all other calculations made pursuant to this Lease that are based on the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice rentable square foot of the date when Landlord believes Building, the Term Commencement Date will occurrentable square foot of the Building shall in no event be deemed to be greater than 800,250 rentable square feet for purposes of calculating Minimum Annual Rent and Annual Operating Expenses.

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, certain premises to be comprised of approximately 61,380 rentable square feet (the “Premises”) in a building to be constructed by Landlord (the “Building”) and situated on certain land (the “Land”) in Morrisville, the County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. A floor plan of the Building and the Premises shall be attached hereto and made a part hereof as Exhibit B. The measurement of the Premises shall be conducted in accordance with BOMA standards, 1996 edition, currently applicable for a Class A office building comparable to the Building. Any upfit performed by Landlord to prepare the Premises for occupancy by Tenant shall be conducted in a good and workmanlike manner and in accordance with all laws, statutes, and regulations, and Landlord shall endeavor warrant the construction of the improvements for a period of one year from the Commencement Date. The taking of possession by Tenant shall be deemed conclusively to tender possession establish that each portion of the Premises and any improvements thereto are in good and satisfactory condition as of the date Tenant commenced occupancy of that portion of the Premises, except for latent defects and punchlist items. Tenant and Landlord shall complete a punchlist of items requiring repair that are the responsibility of Landlord within thirty (30) days of the Commencement Date. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord unless such representations or promises are expressly set forth in this Lease. Within five days of the Commencement Date, Tenant shall, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date. All construction of the Premises shall be performed by Landlord in accordance with the schedule, plans and specifications for the Premises (herein referred to collectively as the “Plans”) which Plans are subject to the mutual and reasonable approval of Landlord and Tenant, a preliminary copy of which is attached hereto and made a part hereof as Exhibit C. Construction of the Premises shall proceed in accordance with the Building Design and Construction Schedule attached hereto and made a part hereof as Exhibit C-1. The components of the Shell Building shall be as set forth in Exhibit C-2, attached hereto and made a part hereof. The components of the Building Upfit shall be as set forth in Exhibit C-3, attached hereto and made a part hereof. Tenant shall review the Plans to provide its input with respect to all aspects of the Plans, including, but not limited to, the specific needs of Tenant with respect to Heating, Ventilation and Air Conditioning and other Building systems, and Landlord shall act reasonably to accommodate the specific needs of Tenant with respect to the Building systems. Notwithstanding the above, Landlord and Tenant agree that a formal construction schedule and final Construction Drawings and Specifications, upon the completion of such documents by Landlord, Landlord’s architectural and engineering service providers, and other such parties and further subject to the mutual and reasonable approval of such documents by Landlord and Tenant, will replace the contents of Exhibit C for purposes of controlling the actual construction of the Premises; and such formal construction schedule and final Construction Drawings and Specifications shall replace Exhibit C by means of a lease amendment between Landlord and Tenant. The base rent delineated in Paragraph 2(a) includes the costs of the Shell Building, currently estimated to be Ninety-Four and 35/100 Dollars ($94.35) per rentable square foot of the Premises (the “Shell Allowance”). Should the actual costs of the Shell Building (together with the Tenant Improvements reduced or increased financing costs and commissions of the Landlord) be different than the Shell Allowance, the base rent due hereunder shall be increased or decreased accordingly by multiplying the difference between the actual cost thereof and the Core Shell Allowance by a factor of Ten and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever85/100 Percent (10.85%), then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord. The base rent delineated in Paragraph 2(a) Substantial Completion also includes a contribution by the Landlord of Core Ninety-Two and Shell Work 14/100 Dollars ($92.14) per rentable square foot of the Premises to be applied to the Building upfit, as set forth in Exhibit C-2 (the “Upfit Allowance”). Further, Landlord has agreed to permit Tenant to increase the Upfit Allowance by up to an additional Twelve and 86/100 Dollars ($12.86) per Rentable Square Foot of the Premises to satisfy Tenant’s interior finish requirements, as reasonably approved by Landlord (the Additional Upfit Allowance”). At the option of Tenant, any portion or all of the Additional Upfit Allowance used by Tenant Improvements would have occurred if to complete the upfit shall be amortized over the term of the Lease with interest at the rate of eleven percent (11%) per annum and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Should for any reason the upfit costs for the Premises be greater than a total of One Hundred Five and NO/100 Dollars ($105.00) per rentable square foot (the “Maximum Upfit Allowance”), such excess (the “Excess”) shall be borne by Tenant Delay had not occurred. Within and payable by Tenant to Landlord within thirty (30) days after Substantial Completion of Core and Shell Work and demand by Landlord to Tenant. Failure by Tenant to pay the Tenant ImprovementsExcess upon demand as aforesaid is an event of default hereunder and, Landlord’s architect shall calculate and certify in writing addition to all other remedies available to Landlord and at law, or in equity for such event of default, Landlord may recover from Tenant the Rentable Area cost it incurs in preparing the Premises for another tenant. Should the upfit costs for the Premises be less than the Upfit Allowance, Tenant shall be allowed to upgrade the improvements to the Premises, as reasonably approved by Landlord, to fully utilize the entire Upfit Allowance; or Tenant may elect to have Landlord apply the unused Upfit Allowance (together with the reduced financing costs and commissions of Landlord), multiplied by the amortization constant for eleven percent (11%) per annum to reduce the base rent due hereunder, proportionately over the entire Lease Term, all as reasonably determined by Landlord and Tenant. Additionally, in the event that Tenant shall not utilize all the Upfit Allowance or all or any part of the Additional Upfit Allowance, Tenant shall have the right to apply such unused monies towards the costs of upfitting the Premises subsequent to completion of the initial improvements (“Deferred Allowance”) up to the Maximum Upfit Allowance, subject to mutual and reasonable approval of plans and specifications for such improvements by Landlord and Tenant. Tenant’s right to the Deferred Allowance shall expire at the end of the second year of the term of the Lease and Landlord shall have no further obligation to provide any improvement allowances of any kind during the term of the Lease unless stated otherwise in this Lease. Any Deferred Allowance used by Tenant shall be amortized over the term of the Lease remaining at the time of completion of such improvements, with interest at the rate of eleven percent (11%) per annum (the “Amortization Constant”), and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Landlord shall act reasonably to allow Tenant reasonable access to the Premises at least thirty days prior to the Commencement Date to install its furniture, telephone and computer systems, and other special Building systems. Tenant covenants and agrees to conduct its actions in such a manner to not disturb the preparation by Landlord of the Premises in accordance with Article 9for occupancy by Tenant. Upon the entry by Tenant onto the Premises, which calculation must this Lease shall be approved by Landlord and Tenant (both hereby agreeing deemed to act reasonably apply with respect to granting such approval). “the requirements that Tenant Delay” carry the insurance policies required under this Lease, and that Tenant shall mean any delay in the commencement or completion of the Core indemnify, defend and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items hold harmless Landlord in accordance with the Work Letter attached hereto provisions of this Lease, as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth provided 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 Sections 10 and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur11 hereof.

Premises. Landlord (a) Except as otherwise set forth herein, after the Closing Date, Purchaser shall endeavor have the right to tender possession of operate the operations at the Leased Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before Loan Fulfillment Center as it deems appropriate in its sole discretion. Notwithstanding the Estimated Delivery Dateforegoing, Purchaser shall not unreasonably cease operations at a Leased Premises, except under the circumstances described in Section 7.5(c). If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease The Parties acknowledge that it shall not be void deemed unreasonable for Purchaser to cease operations at a Leased Premises in the event that the profitability or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction anticipated profitability of the requirements operations related to the Leased Premises are not satisfactory to Purchaser. (b) During the portion of the Production Period after the Closing Date, Purchaser shall provide pricing and product programs for Substantial Completion of Core Mortgage Loans to the wholesale operations at the Leased Premises similar to the pricing and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed product programs for Mortgage Loans that Purchaser provides to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurredits other wholesale operation offices. Within If a Leased Premises is located within thirty (30) days after Substantial Completion miles of Core another office of Purchaser’s wholesale division, then the wholesale operations located at such Leased Premises shall have access to equivalent pricing and Shell Work and loan programs for Mortgage Loans to which the Tenant Improvements, Landlordother office of Purchaser’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant wholesale division has. (both hereby agreeing to act reasonably with c) With respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: Non-Terminable Leased Premises, if during the eighteen (118) delays or failure month period following the Closing Date, (i) more than half of Tenant the employees that were working at a Non-Terminable Leased Premises as of the Closing Date cease working for Purchaser at such Non-Terminable Leased Premises and (ii) Purchaser ceases conducting wholesale mortgage operations at such Non-Terminable Leased Premises, then Seller shall be obligated to deliver items pay any and all costs and expenses incurred by Purchaser 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 subleasing such Non-Terminable Leased Premises (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused difference between rental payments received by Tenant Change Order Requests (as defined in the Work LetterPurchaser and retail payments payable by Purchaser) or TI Tenant Change Order Requests terminating the Lease for such Non-Terminable Leased Premises. Purchaser may setoff or deduct any such amounts from any Production Payments payable after Purchaser ceases wholesale mortgage operations in such Non-Terminable Leased Premises. (as defined in the Work Letter); (4d) 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 With respect to the BudgetLease for the Leased Premise located at 00000 Xxxxxx Xxxxxxx, Xxxxxxx, Xxxxx, in the event Purchaser terminates such Lease, Seller shall reimburse Purchaser for fifty percent (50%) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified amount of the termination fees and other termination-related fees paid or incurred by Purchaser in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice termination of the date when Landlord believes the Term Commencement Date will occursuch Lease.

Premises. 1.1 Upon and subject to the terms, covenants and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby hires from Landlord those premises (herein called the “Premises”) located in the building (herein called the “Building”) and on the floors specified in the Basic Lease Information attached hereto and comprising the area substantially as shown on the floor plan or plans attached hereto as Exhibit A. Commencing on the earlier of (i) one year after the Commencement Date or (ii) the date that Tenant commences its business operations therein, the Premises shall be expanded to include the entire 8th Floor of 200 Oceangate, containing 16,575 rentable square feet, and at which time the Premises shall contain a total of 66,031 rentable square feet. Landlord shall endeavor to tender deliver possession of the entire 8th Floor Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion purpose of Core and Shell Work and the constructing its Tenant Improvements occurstherein at least four (4) months prior to said one year anniversary of the Commencement Date, but Landlord may be delayed in delivering the 8th Floor by said date as a result of the occupancy by the current tenant and subtenants. To the extent Landlord is so delayed in delivering the entire 8th Floor Premises, the time period in (i) above shall be extended by the number of days of delay; provided, however, if in the satisfaction event the entire 8th Floor Premises is not delivered within 420 days following the Commencement Date, Tenant may elect, by written notice to Landlord prior to the date said 8th Floor Premises are delivered, not to expand into said 8th Floor Premises. The term “Building” includes the entire complex consisting of two office buildings and a parking garage currently known as the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work Arco Center and the Tenant Improvements land and improvements surrounding the complex and designated from time to time by Landlord as land or common areas appurtenant to the complex together with utilities, facilities, drives, walkways and other amenities appurtenant to or servicing the complex. Each office building is designated herein by its address of 200 Oceangate or 300 Oceangate. 1.2 As used in this Lease, the term “rentable area” shall be deemed to occur when (as reasonably determined computed by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord its modified standards of the Building Owners and Tenant Managers Association (both hereby agreeing to act reasonably with respect to granting such approvalBOMA). “Tenant Delay” In all events, the rentable area of a floor shall mean any delay in be computed by measuring to the commencement or completion inside surface of the Core exterior glass building surface and Shell Work or no deductions shall be made for columns, projections, and penetrations necessary to the TI Work that results from or arises out Building. The rentable area of any an office on a floor shall be computed by multiplying the usable area of the following: (1) delays or failure of Tenant to deliver items in accordance with office by 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 quotient of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope division of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice rentable area of the date when Landlord believes floor by the Term Commencement Date will occurusable area of the floor.

Premises. Landlord shall endeavor to tender possession Effective as of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms date hereof, Section 1.01 of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Original Lease shall not be void or voidable, Landlord shall not be liable is amended to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of add the following: “Tenant and Landlord agree that Tenant shall surrender the “Existing Premises” (1such term as used herein intending to refer to the 3,102 rentable square feet on the 3rd floor of the portion of the Building known as the Riverview Building and known as Suite 3D) delays or failure of Tenant to deliver items Landlord on the “Replacement Premises Commencement Date” (as herein after defined) in accordance with the Work Letter provisions of Section 8.6, and as of such date Tenant shall cease to have any tenancy or occupancy rights to the Existing Premises. Landlord and Tenant agree that from and after the Replacement Commencement Date, the “Premises” shall be the 5,855 rentable square feet on the 2nd floor of the portion of the Building known as the Courtside Building, shown on Exhibit A (revised) attached hereto (also known as Exhibit G; the “Replacement Premises”). Tenant agrees to lease the Replacement Premises from Landlord, and Landlord hereby agrees to lease the Replacement Premises to Tenant, subject to all of the terms and conditions hereof, commencing on the Replacement Premises Commencement Date. Tenant acknowledges that it has had a full, adequate and complete opportunity to inspect the Replacement Premises, and, subject to Landlord’s obligation to complete “Landlord’s Replacement Premises Work” (2) as hereinafter defined), Tenant is fully and completely satisfied with the Replacement Premises. If any repairs, improvements or work, other than Landlord’s Replacement Premises Work, should be necessary to prepare the Replacement Premises for Tenant’s failure to fulfill its obligations as set forth use and occupancy, Tenant shall perform such additional work at Tenant’s sole cost and expense and in this Lease or the Work Letter (including any failure to review or approve or disapprove any items event in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in terms and conditions of this Lease. On the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsReplacement Premises Commencement Date, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant this Lease shall terminate with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope Existing Premises and all of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision terms and conditions of this Lease shall apply to the Budget or TI Tenant Change Order RequestReplacement Premises. Landlord Thereafter, all references to the capitalized term “Premises” shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of mean the date when Landlord believes the Term Commencement Date will occurReplacement Premises.”

Premises. Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the following premises (the “Premises”) [located in a ] [consisting of the entirety of the ] having a street address of (the “Building”) situated upon the real property with an Assessor’s Parcel Number of and legally described in Exhibit A attached hereto and by this reference incorporated herein (the “Property”). The Premises consists of approximately square feet of space. The Postal Service shall endeavor have the right to tender possession use any and all appurtenances and easements benefiting the Premises and the Property, including sidewalks, driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, and parking areas, wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its intended use of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Dateexercise its rights under this Lease. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable make any changes to Tenant for the size, location, nature, use or place any loss or damage resulting therefrom installations upon the sidewalks and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction parking areas of the requirements for Substantial Completion Property which impair the accessibility to or visibility of Core and Shell Work or ease of use of the Tenant Improvements have been delayed Premises by any Tenant Delaythe Postal Service and/or its customers, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlordthe Postal Service. Drop Down Option, Select if Applicable [At no expense to the Postal Service and/or its employees or customers, Landlord shall provide a minimum of parking spaces, sized for (i) Substantial Completion passenger trucks, vans and cars and (ii) mail trucks of Core varying sizes, in reasonable proximity to the Premises, which shall be available at all times for Postal Service employees and Shell Work customers. The number of parking spaces shall include sufficient parking spaces reserved for those with handicapped parking stickers to comply with law and the Tenant Improvements would have occurred if Landlord shall provide any signage or striping required to indicate such Tenant Delay had not occurredreserved spaces. Within thirty (30) days after Substantial Completion of Core The location and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area sizes 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 parking spaces are shown on the commencement or completion attached Exhibit B.] [At least of the Core and Shell Work or parking spaces shall be reserved for the TI Work that results from or arises out of any exclusive use of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core Postal Service employees 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 customers and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of clearly identify through signage or otherwise the date when Landlord believes the Term Commencement Date will occurspaces reserved for Postal Service use.]

Premises. 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. 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 endeavor be collectively hereinafter referred to tender possession 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. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Premises (with 24 hours per day, 7 days per week, 365 days per year throughout the Tenant Improvements and Lease term. 1.2 Upon the Core and Shell Work Substantially Complete) to Tenant on or before approval of the Estimated Delivery Date. If Core and Shell Work or Space Plan for the Tenant Improvements as required Premises pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Exhibit C. Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area rentable area of the Premises. 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) shall be recalculated in accordance with Article 9that determination. On the recalculation of rent as provided in this Section 1.2, which calculation must the parties shall execute an amendment to this Lease stating the recalculated rent. Execution of that amendment shall not be approved by Landlord and Tenant (both hereby agreeing a condition precedent to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion effectiveness of the Core and Shell Work or the TI Work that results from or arises out recalculated rent. For purposes of any of the following: this Lease, (1) delays or failure of Tenant “rentable area” and “usable area” shall be calculated pursuant to deliver items the Standard Method for Measuring Floor Area in accordance with the Work Letter attached hereto as Exhibit GOffice Buildings (ANSI/BOMA Z65.1, 1996); (2) Tenant’s failure to fulfill its obligations “rentable square feet” and “rentable footage” shall have the same meaning 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); term “rentable area;” and (3) delays caused by Tenant Change Order Requests (“usable square feet” and “usable square footage” shall have the same meaning as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurterm “usable area.”

Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to all of the terms and conditions set forth herein, those certain premises (the "Premises") described in the Basic Lease Information and as outlined in red or as shown in the cross-hatched markings on the floor plan attached hereto as Exhibit C. The parties agree that for all purposes hereunder the premises shall endeavor be stipulated to tender possession contain the number of square feet of rentable area described in the Basic Lease Information. The Premises are located in that certain office building (the "Building") whose street address is as shown in the Basic Lease Information. The Building is located on that certain land which is also improved with landscaping, parking facilities and other improvements and appurtenances. Such land, together with all such improvements and appurtenances and the Building, are all or part of a project which may consist of more than one building and additional facilities, as described in the Basic Lease Information (collectively referred to herein as the "Project"). However, Landlord reserves the right to make such reasonable changes, additions and/or deletions to such land, the Building and the Project and/or the common areas and parking or other facilities thereof as it shall determine from time to time. (b) The calculation of the Rentable Area of the Premises (has been made by Landlord in accordance with Landlord's standard practices for measuring Rentable Area. Prior to the Term Commencement Date, Tenant Improvements will have an opportunity to inspect the Premises and the Core Rentable Area. Landlord and Shell Work Substantially Complete) to Tenant on acknowledge and agree that the Rentable Area set forth in the Basic Lease Information is approximate only. In this regard, in the event it is ever determined that the actual Rentable Area in the Premises is more or before less than the Estimated Delivery Date. If Core and Shell Work or amount set forth in the Tenant Improvements as required pursuant to Basic Lease Information, then: the terms of Rentable Area contained in the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Basic Lease Information shall not be void adjusted, no other provision contained in this Lease which is applicable or voidable, Landlord shall not be liable subject to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9the Basic Lease Information shall be modified or amended, Landlord shall not be entitled to recover from Tenant any "deficiency" (which calculation must deficiency shall be approved by Landlord based solely on the difference, if any, between the actual rentable area and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay the approximate rentable area in the commencement or completion Basic Lease Information, if any) in the amount of rent previously paid by Tenant pursuant to the Core Lease, nor shall Landlord be entitled to increase the rent for any "overage" (which overage shall be based solely on the difference, if any, between the actual rentable area and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as rentable area set forth in this the Basic Lease or Information), and Tenant shall not be entitled to recover from Landlord any refund of the Work Letter (including any failure to review or approve or disapprove any items "overage" in accordance with the Work Letter); (3) delays caused amount of rent previously paid by Tenant Change Order Requests (as defined pursuant to the Lease, nor shall Tenant be entitled to reduction in the Work Letter) or TI amount of rent payable by 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 future pursuant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurthis Lease.

Premises. Landlord shall endeavor hereby leases the Premises to tender possession Tenant upon the terms and conditions contained herein. The Premises consist of the Premises (entirety of the Building together with vehicular parking spaces, pedestrian walkways and landscaping within the area outlined and depicted on Exhibit A-1 hereto. Tenant may not use any other portion of the Park other than the Premises. The location, fencing and configuration of the area surrounding the Building shall be subject to the approval of the governmental agencies having jurisdiction thereof, and Tenant acknowledges and agrees that the location and configuration of the area surrounding the Building may be changed in accordance with the governmental agencies' requirements. At Tenant's sole cost and expense, Tenant Improvements hereby covenants to construct and install around the perimeter of the area surrounding the Building a fence reasonably acceptable to Landlord and all governmental entities having jurisdiction thereof. Tenant's and Tenant's Representatives' (hereafter defined) use and occupancy of the fenced area surrounding the Building shall be exclusive only as to (i) the other tenants of the Park and (ii) the public in general but not including Landlord and its authorized representatives, employees, invitees, contractors and similarly affiliated parties for the purposes of fulfilling Landlord's obligations hereunder as well as for purposes of Landlord's exercise of its rights and remedies hereunder. Tenant shall use, maintain and repair the fenced area surrounding the Building subject to, and in accordance with, the terms and provisions of this Lease, including but not limited to, the provisions of Section 11 hereinbelow. In addition to the foregoing, Tenant shall be solely responsible and liable for any and all security measures related to the fenced area surrounding the Building and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Premises and, subject to the terms provisions of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableSection 14 hereof, Landlord shall not in any manner or circumstance be liable to Tenant nor responsible for any loss goods, personal property or damage resulting therefrom similar items stored, kept and/or situated in, on or about the Premises at any time during the Term of this Lease. Nothing contained herein shall limit, impair or otherwise diminish Landlord's and its authorized representatives' rights and ability to enter the area surrounding the Building for purposes of performing Landlord's obligations under this Lease (if any) but such entry shall be subject to the provisions of Section 18 hereinbelow. Landlord and its representatives will use commercially reasonable efforts to minimize interference with the conduct of Tenant's business in the Premises. Landlord and Tenant hereby agree that for purposes of this Lease, as of the Lease Date, the rentable square footage area of the Premises and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Park shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion be the number of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations rentable square feet as set forth in this the Basic Lease or Information. Tenant further agrees that the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability number 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 rentable square feet of the work; (6) failure Park may subsequently change after the Lease Date commensurate with any modifications to any of Landlord the foregoing by Landlord, and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request Tenant's Share shall accordingly change. Tenant's Share shall not change by Tenant that the scope reason of the Tenant Improvements be modified performed by Tenant so long as there is no increase in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice rentable square footage of the date when Landlord believes perimeter of the Term Commencement Date will occurBuilding; provided, for purposes hereof, the addition by Tenant of any interior mezzanine area and outdoor storage areas shall not be construed as an increase in the rentable square footage of the Building.

Premises. Landlord shall endeavor leases to tender possession Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises (with shall be considered part of the Tenant Improvements and Premises. The Premises shall be part of the Core and Shell Work Substantially Complete) Building to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required be constructed by Landlord pursuant to the terms of this Lease and part of the Work Letter are not Substantially Complete Project, as and to the extent constructed by Landlord. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. On or before the Estimated date that is ninety (90) days after the Delivery Date for any reason whatsoeverDate, then this Lease Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord's architect. As provided in Paragraph 40.7, the Roof Top Area shall not be void included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or voidablethe calculation of percentages or figures based on rentable square footage but shall be included in the term "Premises" for all other purposes. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant's Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant's cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as measured by Landlord, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall not be liable execute an amendment to Tenant for any loss or damage resulting therefrom this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the Term Commencement Date shall not occur until Substantial Completion amount of Core and Shell Work and Base Rent payable by Tenant, the amount of the Letter of Credit, the amount of the Tenant Improvements occurs; provided, however, if Improvement Allowance and such other amounts and other terms hereof that are affected by the satisfaction rentable square footage of the requirements for Substantial Completion Premises. Until the rentable square footage of Core and Shell Work the Premises is agreed upon or the Tenant Improvements have been delayed by any Tenant Delayotherwise resolved hereunder, Substantial Completion Tenant's monthly payments of Core and Shell Work and the Tenant Improvements Base Rent shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion calculated on the basis of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurredapproximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days after Substantial Completion following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of Core and Shell Work and any deficiency or excess, as the Tenant Improvementscase may be, Landlord’s architect shall calculate and certify in writing to the Base Rent previously paid. Landlord and Tenant the Rentable Area of acknowledge that physical changes may occur from time to time in the Premises in accordance with Article 9or Building, 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 may result in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items an adjustment in accordance with the Work Letter attached hereto Tenant's Proportionate Share, as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth provided in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurParagraph 7.1.

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises for the Permitted Use. The Premises are comprised of the Net Rentable Area in the Building situated on the Land in the County of Durham, City of Durham, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. Except as provided herein (and subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall endeavor repair within a reasonable amount of time), Tenant shall lease the Premises “as is” with no representations or warranties made by Landlord as to tender possession the condition of the Premises To the best of its knowledge, Landlord represents and warrants that as of this date, the Premises are in material compliance with all Applicable Laws, and are in good condition and repair subject to reasonable wear and tear. In addition, Landlord shall use all reasonable efforts to insure that as of the Commencement Date (modified as provided herein), the Premises will be in material compliance with all Applicable Laws and are in good condition and repair. To the best of Landlord's knowledge, Applicable Laws and any recorded restrictive covenants permit the Premises to be used for the Permitted Use. The Building is part of the Project and consists of a total of Eighty-Five Thousand Six Hundred and Twenty-Two (85,622) rentable square feet with the Building being comprised of Fifty One Thousand Six Hundred Sixty-Seven (51,667) rentable square feet. Landlord hereby represents and warrants to Tenant that the foregoing representations regarding rentable square feet are consistent with the definition of rentable area calculated pursuant to Building Owners and Managers Association Standards. A floor plan of the Premises is attached hereto and made a part hereof as Exhibit B. As an appurtenance to the Premises, Tenant, its employees and invitees will have the nonexclusive right to use the Common Areas at the Building. Within five business days of the Commencement Date, Tenant will, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises (with subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall repair within a reasonable amount of time), acknowledging the Commencement and Termination Dates of this Lease. Except for any items the cost of which is paid out of the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableImprovement Allowance, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom perform, at its sole cost and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; providedexpense, however, if the satisfaction all work detailed on Exhibit C hereto. The upfit of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant DelayPremises, Substantial Completion of Core and Shell Work and the Tenant Improvements shall will be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved performed by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Premises Specifications in the Work Letter, if applicable attached hereto and made a part hereof Exhibit D. Subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants of the Project, Tenant and its invitees will have the right to the non-exclusive usage of twenty (20) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes parking spaces. Landlord will not be responsible 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 enforcing Tenant’s Agents that interferes parking rights against any third parties. Tenant is granted a non-exclusive right to use, in common with the progress other tenants and users of the work; (6) failure Project, all of the Common Areas. Landlord shall have exclusive control and Tenant management responsibility of the Common Areas. Landlord may, from time to agree (for time, alter the Common Areas, install kiosks, planters, fountains, sculptures, signs, and other structures within the Common Areas provided however that any reasonsuch alterations shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises or decrease Tenant’s parking spaces. Landlord shall have the right to establish, provided Landlord acts in good faith modify, and diligently to work with Tenant enforce reasonable rules and regulations with respect to the BudgetCommon Areas and to grant to individual tenants the right to conduct retail sales within the Common Areas. Landlord makes no representation or warranty concerning the size of the Common Areas and may, in the future, reduce the size of the Common Areas in its reasonable discretion, provided however that such reduction shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises, and shall result in a commensurate reduction in Tenant’s Proportionate Share. Landlord hereby grants to Tenant a continuing right of first refusal to lease vacant and available space in the Building (the “Additional Space”) on under the terms and conditions as provided below: (i) Subordinate to other tenants at the Project with pre-existing First Right of Refusal, and so long as there is no event of default by Tenant hereunder beyond any applicable grace and/or cure period, Landlord will notify Tenant when it has all or a mutually agreeable Budget portion of the Additional Space for lease to a third party (the “Third Party”) and the terms and conditions upon which it is willing to lease such space (“Landlord’s Notice”). (ii) Tenant shall provide written notice to Landlord, as to Tenant’s decision to lease or not to lease the Additional Space within ten five (105) calendar business days after Landlord’s Notice is received. If Tenant does provide to Landlord delivers notice to lease the Additional Space, Landlord and Tenant will execute a draft Budget lease amendment adding the Additional Space to the Premises within twenty (20) days after Landlord’s receipt of Tenant’s notice of intent to lease on all the same terms provided to the Third Party. If Tenant does not provide written notice to Landlord within five (5) business days after receipt of the Landlord's Notice, Tenant will have been deemed to have waived its right to lease the Additional Space and Landlord shall be free to enter into a lease with the Third Party. Should all or any portion of the Additional Space become vacant thereafter, Tenant shall again have the right of first refusal provided herein. (iii) The rights provided to Tenant or any request by Tenant that the scope of in this Section are personal to the Tenant Improvements and may not be modified assigned in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice an assignment of this Lease, subletting of the date when Landlord believes the Term Commencement Date will occurPremises or otherwise, except for any Permitted Transferee (as hereinafter defined).

Premises. Landlord shall endeavor leases to tender possession Tenant, and Tenant leases from Landlord the Premises, shown in the drawing attached to this Lease as Exhibit “A” and by this reference incorporated herein, in the Building, which Building together with the underlying land, landscaping, plaza area, parking facilities and other improvements are referred to in this Lease as the “Project.” This Lease is subject to all of the terms, covenants and conditions set forth in the Basic Lease Provisions, the Standard Lease Provisions, and the Exhibits and/or addenda attached to this Lease. The square footage of rentable area (“Rentable Area”) of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) is subject to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed verification by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant or space planner. The amount of the square footage of Rentable Area of the Premises in accordance with Article 9, which calculation must shall be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items determined in accordance with the Work Letter attached hereto as Exhibit G; standard method of measuring floor area in office buildings established by the Building Owners and Managers Association (2) TenantBOMA). Tenant may consult with Landlord’s failure to fulfill its obligations as architect or space planner concerning the determination, but the determination of Landlord’s architect or space planner shall be conclusive and binding on the parties. If the amount of square footage of Rentable Area shall differ from the approximate amount set forth in the Basic Lease Provisions, then the Annual Basic and Monthly Basic Rent, Tenant’s Building Expense Percentage, Security Deposit and any other amounts and percentages appearing in this Lease or which are based upon 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 square footage 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 Rentable Area of the work; (6) failure Premises shall be proportionately adjusted. Once the square footage of Rentable Area has been determined, it will be confirmed between Landlord and Tenant in a written amendment to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurthis Lease.

Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms and subject to the conditions of this Lease, the office space identified in the Basic Lease Information as the Premises (the “Premises”), in the Office Building located at the address specified in the Basic Lease Information (the “Building”). The approximate configuration and location of the Premises is shown on Exhibit A. Landlord and Tenant agree that the rentable area of the Premises and the Building for all purposes under this Lease shall endeavor be the Rentable Areas specified in the Basic Lease Information. The Building, together with the parking areas dedicated to tender the Building and the parcel(s) of land on which the Building and such parking areas are situated are collectively called the “Property”. The surface parking areas serving the Property are referred to as the “Parking Facility”. Landlord agrees that the base Building Systems (as such term is defined in Section 5.1 below) shall be in working order as of the date Landlord delivers possession of the Premises (with to Tenant. Except to the extent caused by the acts or omissions of Tenant, Tenant Improvements and Representatives and/or Visitors or by any alterations or improvements performed by or on behalf of Tenant, if such systems are not in working order as of the Core and Shell Work Substantially Complete) date Landlord delivers possession of the Premises to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms provides Landlord with notice of the Work Letter are not Substantially Complete on or before same within forty-five (45) days following the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidabledate Landlord delivers possession of the Premises to Tenant, Landlord shall not be liable to Tenant responsible for any loss repairing or damage resulting therefrom and restoring the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; providedsame, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, at Landlord’s architect shall calculate sole cost and certify in writing expense. Pursuant to Civil Code section 1938, Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9states that, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes of this Lease, the Term Commencement Date will occurPremises has not undergone inspection by a “Certified Access Specialist” to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53.

Premises. 2.1 Landlord shall endeavor leases the Premises to tender possession Tenant and Tenant leases the Premises from Landlord for the term and upon the conditions and covenants set forth in this Lease. Tenant will have the non-exclusive right to use (a) the common and public areas of the Building and (b) subject to such requirements (other than the payment of any fee therefor) and limitations as Landlord, in its sole and absolute discretion, may impose, the telephone room located on the ninth (9th) floor of the Building. Except as may otherwise be expressly provided in this Lease, the lease of the Premises (does not include the right to use the roof, mechanical rooms, electrical closets, janitorial closets, parking areas or other non-common or non-public areas of the Building. 2.2 The rentable area in the Building and in the Premises shall be determined by Landlord’s architect in accordance with the Tenant Improvements Building Owners and Managers Association International Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-1996. Landlord shall have the Core and Shell Work Substantially Complete) option, exercisable by written notice to Tenant on or before at any time during the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms first one hundred eighty (180) days of the Work Letter are not Substantially Complete on Term, to have the rentable floor area of the Premises remeasured by Landlord’s architect in the manner described above or before any successor thereto irrespective of whether any option to expand or contract the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidablePremises is exercised by Tenant. Upon such remeasurement by the Landlord’s architect, Landlord shall not be liable to may, at its option, give Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction written notice of the requirements for Substantial Completion of Core and Shell Work or rentable floor area so determined, in which event the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements rentable area as thus remeasured shall be deemed to occur when (as reasonably determined be the rentable floor area of the Premises for all purposes of this Lease, all Rent theretofore paid by Landlord) Substantial Completion of Core Tenant to Landlord during the Term shall be retroactively adjusted, and Shell Work and the any deficiency shall be paid by Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within to Landlord within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing notice to Landlord and Tenant setting forth the Rentable Area rentable floor area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Premises. Landlord shall endeavor A. The City expects to tender possession let a contract for the construction of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant Parking Garage on or before about February 4, 2009. It is agreed that the Estimated Delivery Date. If Core and Shell Work or ground floor of the Tenant Improvements as required pursuant Parking Garage, containing approximately 193,020± square feet (approximately 700± parking spaces), shall be allocated to the terms RACs for Ready/Return. The second and third floors of the Work Letter Parking Garage are not Substantially Complete allocated and specifically reserved for public parking or such other uses as the City, in its sole discretion, deems necessary. B. Beginning on or before the Estimated Delivery Garage Completion Date and during the term of this Agreement, the City shall lease to Operator an area in the Parking Garage for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable its Ready/Return (hereinafter referred to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements “Premises”). The specific Premises leased to Operator shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9IV.C of the Concession Agreement. The Premises leased for the period commencing on the Garage Completion Date until the annual reallocation of Ready/Return for the RACs will be specifically depicted in an “Exhibit 1,” which shall be signed by Operator and appended to and made a part of this Agreement. Annually thereafter or at such interval identified in the Concession Agreement, the City will reallocate Operator’s Premises in the manner described for Ready/Return reallocation set forth in the Concession Agreement. A new Exhibit, which calculation must shall be approved sequentially numbered, shall be prepared, as may be necessary, to reflect Operator’s Premises for the applicable period. All such Exhibits shall be signed by Landlord Operator and Tenant appended to this Agreement without necessity of a formal written amendment to this Agreement. The City shall not reimburse Operator for any expenses incurred during any Ready/Return relocation or reallocation under this Subsection, except as provided for in Article VI (both hereby agreeing to act reasonably with respect to granting such approval)C) below. “Tenant Delay” shall mean Notwithstanding any delay in other provision of this Agreement, the commencement or completion City may adjust the boundaries of the Core Premises, as may be required by the City for security reasons, to comply with any federal and/or TSA law, regulation, directive or requirement and/or for federal or TSA required construction by adding to or deleting space from the Premises. The City shall notify Operator not less than sixty (60) days in advance of such adjustment, provided no notice shall be required during any real or threatened emergency and/or security threat, and Shell Work or Operator shall remove all personal property and fixtures located on the TI Work that results from or arises out of any area being deleted no later than the date such adjustment is to occur. City agrees to reimburse Operator for the expense incurred as a result of the following: boundary adjustment from the CFC, subject to availability of funds not designated for Debt Financing Costs, O&M Services and other committed obligations. In the event that the boundaries are adjusted by deleting in excess of ten percent (110%) delays or failure of Tenant the total amount of square footage allocated to deliver items the RACs for their use on the ground floor of the Parking Garage (approximately 193,020+/- square feet) , the total allocation of space among the RACs will be adjusted so that the impact of the loss of space is distributed among the RACs 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 prescribed methodology for allocation of spaces identified in the Work LetterConcession Agreement. For any deletion involving greater than ten percent (10%) 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 total amount of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect square footage allocated to the Budget) RACs for their use on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope ground floor of the Tenant Improvements be modified Parking Garage, the City will use its best efforts to provide replacement ready return spaces on-Airport in connection with the Budget; or (7) delays caused by any revision a location as close to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurTerminal Building as reasonably possible.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the Premises (with terms, covenants, conditions and provisions of this Lease, the Premises. Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements shall have as required pursuant appurtenant to the terms Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Work Letter are not Substantially Complete Building from time to time made by Landlord of which Tenant is given notice: (a) the common areas of the Building and (b) common walkways, parking lots and driveways necessary or appropriate for access to the Building, the areas described in (a) and (b) being shown on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableplans attached hereto as Exhibit G. During the Term, Landlord shall not be liable provide parking to Tenant for any loss of not less than four (4) parking spaces per 1,000 rentable square feet on an unreserved basis at no additional charge to Tenant. Such spaces shall be located on the Land at One Xxxxx'x Xxxx. The parking spaces shall be available to Tenant (and Xxxxxx's subtenants, employees and invitees) on a first-come, first-served basis. Landlord reserves the right to institute a tag or damage resulting therefrom sticker system to monitor compliance by Tenant and the Term Commencement Date shall not occur until Substantial Completion others of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction use of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurredparking spaces. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Commencement Date, Tenant Improvementsmay, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant at its sole cost, measure the Rentable Area rentable square footage of the Premises in accordance with Article 9, which calculation must be approved by Landlord and current BOMA standards. If Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations disputes Landlord's measurement as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items Section 1.1 above it shall notify Landlord 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 writing. If Landlord and Tenant to Xxxxxx cannot thereafter agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to on the Budget) on a mutually agreeable Budget measurement within ten (10) calendar days after Landlord delivers a draft Budget Xxxxxx's notice, then either party shall have the right to Tenant or any request by Tenant submit the issue to arbitration in accordance with the rules of the American Arbitration Association. If it is determined that the scope actual rentable square footage measured by BOMA standards varies from the rentable square footage determined by Landlord, then the Annual Fixed Rent (and any other provisions of this Lease based upon a specific rentable square footage) shall be retroactively adjusted at the applicable square foot rental figure determined by arbitration. In the event of any adjustment pursuant to this Section, Landlord and Tenant shall promptly execute a written statement setting forth the recomputed rentable square footage of the Tenant Improvements be modified in connection with Premises and the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurAnnual Fixed Rent.

Premises. Landlord shall endeavor to tender possession In consideration of the covenants and agreements set forth in this Lease and other good and valuable consideration, Landlord leases the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before and Tenant leases the Estimated Delivery Date. If Core Premises from Landlord, upon and Shell Work or the Tenant Improvements as required pursuant subject to the terms terms, covenants and conditions set forth in this Lease. Landlord has determined that the Premises contains the estimated amount of rentable square feet specified in the Work Letter are not Substantially Complete on Basic Terms (“Estimated Area”). On or before about the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableCommencement Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, will cause Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of remeasure 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 the methods of measuring rentable area described in the commencement or completion Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1 - 1996, promulgated by the Building Owners and Managers Association International, with full-floor and multi-tenant add-on factors also determined in accordance therewith. The actual rentable square footage (“Actual Area”) will then be specified in the Commencement Date Memorandum. If the Actual Area differs from the Estimated Area, the monthly installments of Basic Rent, the Initial Tenant’s Share of Excess Expenses Percentage, the amount of the Core Security Deposit and Shell Work or other matters that vary based on the TI Work that results from or arises out of any actual rentable square footage of the following: (1) delays or Premises will be adjusted based on the Actual Area and set forth in the Commencement Date Memorandum. The failure of Tenant to deliver items in accordance with notice that it disputes 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 rentable square footage so determined by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget architect within ten (10) calendar days after Landlord delivers a draft Budget the delivery of such determination to Tenant or any request by Tenant constitutes Tenant’s agreement that for all purposes the scope of Premises will conclusively be deemed to contain the Tenant Improvements be modified rentable square footage specified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurLandlord’s architect’s determination.

Premises. In consideration of the mutual covenants this Lease describes and other good and valuable consideration, Landlord shall endeavor leases the Premises to tender possession Tenant and Tenant leases the Premises from Landlord, upon and subject to the terms, covenants and conditions set forth in this Lease. Subject to verification and adjustment as provided below, Landlord and Tenant presently believe that the useable area and rentable area of the Premises (with are as specified in the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery DateBasic Terms. If Core and Shell Work or the Tenant Improvements as required pursuant Prior to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableCommencement Date, Landlord shall not be liable furnish to Tenant for any loss or damage resulting therefrom Tenant, Landlord’s Architect’s determination of both the useable area and the Term Commencement Date shall not occur until Substantial Completion rentable area of Core the Premises in accordance with the BOMA Standards (“Landlord’s Determination”). If the determination of the rentable area of the Premises in accordance with BOMA Standards, differs from the rentable area specified in the Basic Terms, Landlord and Shell Work Tenant will amend this Lease to adjust accordingly the rentable square footage of the Premises, Base Rent, Tenant’s Share of Operating Expenses Percentage, any and all Improvement Allowances and all other matters in this Lease which are determined, calculated or otherwise affected by the rentable square footage of the Premises. In the event that a licensed Florida architect engaged by the Tenant Improvements occurs; providedshall dispute Landlord’s Determination, howeverbased on the BOMA Standards, if and Tenant provides written notice (the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed “Dispute Notice”) to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within Landlord within thirty (30) days after Substantial Completion Landlord provides Tenant with Landlord’s Determination (the “Dispute Notice Date”) detailing the basis for such dispute, the following dispute resolution procedure shall apply: (i) to the extent that the difference between the two (2) architects’ measurements is less than a two percent (2%) differential, then the two (2) measurements shall be averaged or (ii) to the extent that the difference between the two (2) architects’ measurements is greater than a two percent (2%) differential, then the Landlord’s and Tenant’s architects shall select a third architect who shall make a measurement of Core and Shell Work and the Tenant ImprovementsPremises, based on the BOMA Standards, which measurement made by the third architect shall be averaged with the measurement made by the Landlord’s architect or the Tenant’s architect, whichever of the two shall calculate be the closer in amount to that of the third architect, and certify in writing such average shall be conclusively binding on each of Landlord and Tenant. The cost of the third architect shall be shared equally between Landlord and Tenant. To the extent either of Landlord or Tenant owe monies to the other due to such adjustment of previously paid Base Rent and/or Additional Rent, such amount shall be either: (i) paid to Landlord and by Tenant with the Rentable Area next upcoming monthly installment of Base Rent due (in the event that Tenant owes monies to Landlord) or (ii) credited against the next upcoming installment of monthly Base Rent (in the event that Landlord owes monies to Tenant). In the event that the rentable area of the Premises, as so determined, shall be more than 90,000 rentable square feet, for purposes of this Lease, the rentable area of the Premises in accordance with Article 9, which calculation must itself shall nevertheless be approved by Landlord and Tenant (both hereby agreeing deemed not to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in exceed 90,000 rentable square feet; if the commencement or completion rentable area of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto Premises, 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 materialsso determined, 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 reasonshall be less than 81,750 rentable square feet, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget then, within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope Business Days following Tenant’s receipt of the binding determination of such rentable area, Tenant Improvements be modified in connection with shall have the Budget; or (7) delays caused right by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice to Landlord to terminate this Lease. If Tenant does not provide the Dispute Notice on or before the Dispute Notice Date, Tenant will be deemed to have waived its right to dispute the measurement of the date when Landlord believes useable and rentable square footage of the Term Commencement Date will occurPremises, and Landlord’s Determination shall be deemed conclusive for all purposes.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord, upon the terms and subject to the conditions of this Lease, the Building located at the address specified in the Basic Lease Information (the “Building”) together with the adjacent driveways, parking areas (in size sufficient to yield at least 453 parking spaces), sidewalks and landscape areas (collectively, the “Premises”). The approximate configuration and location of the Premises (with is shown on Exhibit A. Landlord and Tenant agree that the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms rentable area of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date Building for any reason whatsoever, then all purposes under this Lease shall not be void or voidablethe Rentable Area specified in the Basic Lease Information, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when provided that within ninety (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (3090) days after Substantial Completion of Core and Shell Work and from the Commencement Date, Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant may have the Rentable Area of the Building verified by a CAD calculation performed by Landlord’s architect. In the event that such verification reveals a discrepancy between the measured square footage of the Building as measured by Landlord’s architect and the Rentable Area specified in the Basic Lease Information, and Landlord and Tenant are unable to agree upon the Rentable Area of the Premises, an independent architect acceptable to both parties (the cost of which shall be divided equally between Landlord and Tenant) shall measure 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)the standard herein provided. “Tenant Delay” shall mean any delay in the commencement or completion The square footage of the Core and Shell Work or Building as determined by said independent architect shall be the TI Work that results from or arises out of any Rentable Area of the following: (1) delays Building, and within thirty days thereafter the parties shall execute an Addendum to this Lease confirming same and the Base Rent, Tenant’s Share of Operating Costs and any other sums due hereunder based in whole or failure in part on the rentable square footage of Tenant to deliver items the Building, and further any necessary payments or reimbursements shall be made by the appropriate party. The Rentable Area of the Building will be calculated in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth American National Standard Method of Measuring Floor Area in this Lease or Office Buildings, ANSI/BOMAA65.1-1996, except that the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined 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 Rentable Area of the work; (6) failure Building shall be computed as if the second floor of Landlord and Tenant to agree (for the Building extended through any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect atrium to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that exterior wall, as if the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occuratrium did not exist.

Premises. Landlord leases to Tenant the premises described in Section 1 and in Exhibit A (the "Premises"), located in the Building described on Exhibit B. The Building is part of a larger, multi-building development shown on Exhibit B (the "Project", with the buildings collectively referred to as the "Buildings"). Upon completion of the Tenant Improvements to the Premises, Landlord shall endeavor to tender possession cause the rentable square footage of the Premises to be measured by Landlord's architect using the BOMA American National Standard Institute Publication, ANSI Z65.1-1996 standards (the "Rentable Square Footage"), which measurement shall govern with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant respect to the terms Premises Area of Section 1(d). Tenant shall have the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, right to have a Washington-licensed surveyor approved by Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing jointly responsible to Landlord and Tenant verify the Premises Net Rentable Area determined by Landlord's Architect, if it does so within twenty (20) days after receipt of the Premises in accordance notice from Landlord's Architect. If based on such verification Tenant disagrees with Article 9, which calculation must be approved the Net Rentable Area determined by Landlord's Architect it shall advise Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion its Architect of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget deviation within ten (10) calendar days after Landlord delivers thereafter or be deemed to have accepted Landlord's Architect's determination. If Tenant gives a draft Budget timely notification of disagreement, then the parties shall jointly select a Washington-licensed surveyor to Tenant or any request by Tenant that review the scope calculations of Landlord's architect and the Tenant Improvements selected surveyor and make the determination of Premises Net Rentable Area, which determination shall be modified in connection with final and binding on the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Requestparties. Landlord shall endeavor in good faith cause each building within the Project to provide Tenant with at least thirty (30be similarly measured for the purposes of Sections 1(e) days prior written notice and 1(f) upon completion of the date when Landlord believes interior improvements of such building(s). Each building shall be deemed added to the Term Commencement Date will occurProject for the purposes of such computation upon the completion of the Building Shell and Core improvements, as defined in Exhibit C, to such building and the computations of Section 1, if delayed pending final measurement of Rentable Square Footage, shall be deemed retroactive to such date.

Premises. Landlord does hereby lease to Tenant, upon the terms and conditions set forth herein, the premises described in Section 1(d) and shown on Exhibit A attached hereto (the "Premises"), within the Building described in Section 1(e) and in Section 4(a) below and depicted on Exhibit B hereto (the "Building"), which Building shall be located at 000 Xxxxxxx Xxxxxx West, Seattle, Washington 98119 on the real property described as follows (the "Property"): Xxxx 0, 0, 0, 0, 0, xxx 0 xx Xxxxx 160 of Seattle Tide Lands, according to the official maps on file in the office of the Commission of public lands in Olympia, Washington. Except any portion thereof lying within the railroad right of way. Upon completion of the Tenant Improvements to the Premises, Landlord shall endeavor to tender possession cause the rentable square footage of the Premises to be measured by Landlord's architect using the BOMA American National Standard Institute Publication, ANSI Z65.1-1996 Standards (the "Rentable Square Footage"), to determine the Building Rentable Area, which measurement shall govern with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant respect to the terms Premises Area of Section 1(d). Tenant shall have the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, right to have a Washington-licensed surveyor approved by Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing jointly responsible to Landlord and Tenant verify the Premises Rentable Square Footage determined by Landlord's Architect, if it does so within twenty (20) days after receipt of the notice from Landlord's Architect. If based on such verification Tenant disagrees with the Rentable Area Square Footage determined by Landlord's Architect it shall advise Landlord and its Architect of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget deviation within ten (10) calendar days after Landlord delivers thereafter or be deemed to have accepted Landlord's Architect's determination. If Tenant gives a draft Budget timely notification of disagreement, then the parties shall jointly select a Washington-licensed surveyor or architect to Tenant or any request by Tenant that review the scope calculations of Landlord's architect and the Tenant Improvements selected surveyor and make the determination of Premises Rentable Square Footage, which determination shall be modified in connection with final and binding on the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurparties.

Premises. (a) Landlord leases to Tenant and Tenant leases from Landlord for the Term, the Premises, subject to the terms, covenants, agreements, and conditions set forth in this Lease. As further set forth in the Basic Lease Information, the Premises shall endeavor to tender possession be Suite 100/120 in the Building from the Commencement Date until the Suite 925 Commencement Date (as hereinafter defined) and Suite 925 in the Building from the Suite 925 Commencement Date through the end of the Premises Term. Upon Landlord’s request, Tenant hereby agrees to execute the Confirmation of Lease Terms, attached to this Lease as Exhibit D, to confirm the Commencement Date and Termination Date. (with b) During the Term of this Lease, Tenant Improvements and shall have the Core and Shell Work Substantially Completeright to use the number of Parking Spaces set forth in the Basic Lease Information at the prevailing rate for such spaces as determined by Landlord, or its parking operator, as applicable, from time to time in its sole discretion. Landlord, or its parking operator, as applicable, may change the rental rate charged from time-to-time upon not less than thirty (30) days’ notice to Tenant. The right to use the Parking Space(s) under this Lease, shall terminate upon thirty (30) day’s notice from Landlord to Tenant on if Landlord ceases or before the Estimated Delivery Datereduces parking operations. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, agrees that Landlord shall not be liable responsible in any way for any loss, damage, theft or other damages arising out of the use of Landlord’s parking facilities, and Tenant waives any such claims. The use of the parking spaces shall be subject to such rules and regulations as Landlord or Landlord’s parking operator may establish from time to time. Landlord shall have no liability to Tenant for any loss damage to vehicles, theft of personal property or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably personal injury with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion Tenant’s use of the Core and Shell Work or Parking Spaces, as the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused parking lot is operated by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurindependent parking operator.

Premises. In consideration of the covenants and agreements set forth in this Lease and other good and valuable consideration, Landlord shall endeavor leases the Premises to tender possession Tenant and Tenant leases the Premises from Landlord, upon and subject to the terms and conditions set forth in this Lease. Landlord warrants and represents to Tenant that Landlord has the sole and exclusive right to lease the Premises. The approximate sizes of the Premises (with and Building are set forth in the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery DateBasic Terms. If Core and Shell Work or the Tenant Improvements Pending measurement as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date provided below, those figures will be used for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until determining Rent. Upon Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect will measure the Premises and the Building, which measurement shall calculate and certify in writing be certified to Landlord and Tenant Tenant. The Premises and the Rentable Area of the Premises Building will be measured substantially in accordance with Article 9ANSI/BOMA Z65.1-1996, which calculation must be approved as published by Landlord the Building Owners and Tenant Managers Association International (both hereby agreeing to act reasonably with respect to granting such approvalaka “BOMA”). “Tenant Delay” shall mean any delay in have the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant right to deliver items verify such measurement in accordance with the Work Letter attached hereto as Exhibit G; (2) terms provided herein and if the actual number of rentable square footage of the Premises is determined pursuant to the remaining provisions of this Section 1.1 to be more or less than 110,875 rentable square feet, then the Basic Rent, Tenant’s failure Share of Excess Property Expenses percentage and any other applicable provisions determined with reference to fulfill the rentable square footage of the Premises (excluding, however, any reduction in the amount of the rental abatement set forth in Paragraph 4 of the Basic Terms) shall be adjusted to conform to the actual rentable square feet contained in the Premises and Landlord and Tenant shall each promptly execute and deliver to the other an amendment memorializing any changes to the Basic Rent and any other applicable provisions of this Lease based upon the rentable square footage of the Premises. Within ten (10) days after receipt of Landlord’s architect’s certification as to the rentable square footage of the Premises, Tenant shall have the right to either approve or object to such certification. If Tenant fails to deliver notice of its obligations approval or objection within said ten (10) day period, the rentable square footage of the Premises shall be as set forth in this Lease or such architect’s certificate. If Tenant timely objects to such architect’s certification of the Work Letter measurement of the Premises, then together with its objection, Tenant must specify the rentable square footage Tenant believes the Premises contains. The parties shall use reasonable efforts to resolve their differences. If within fifteen (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (315) 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 days after Tenant’s Agents that interferes with objection the progress of the work; (6) failure of Landlord and Tenant to agree (for any reasonparties have not resolved their differences, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget each party shall name an architect within ten (10) calendar days thereafter. Within ten (10) days after Landlord delivers being named, said two architects shall name a draft Budget to Tenant or any request by Tenant that third architect, who shall, within twenty (20) days, measure the scope rentable square footage of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision Premises pursuant to the Budget BOMA standards set forth herein and select either Landlord’s or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty Tenant’s architect’s measurement, whichever measurement is closest (30) days prior written notice whether above or below the measurement of the date when Landlord believes third architect) to the Term third architect’s measurement. The selected measurement shall be the rentable square footage of the Premises. The party whose measurement was not selected by the third architect shall pay the fees and expenses of the third architect, and each party shall pay the fees and expenses of its own architect. The square footages so determined will be specified in the Commencement Date will occurMemorandum executed as provided in Section 1.2.

Premises. Landlord shall endeavor leases to tender possession 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. The parties acknowledge that the rentable square feet of the Premises include 4,382 rentable square feet attributable to the mezzanine space located therein and that, for purposes of calculating the Minimum Annual Rent and the Tenant's Share with respect to the Premises, such 4,382 rentable square feet of mezzanine space has been excluded. Except with respect to the foregoing, all of Tenant's obligations with respect to the Premises shall apply to such mezzanine space. Furthermore, to the extent that any utilities are not separately metered or submetered, for purposes of determining Tenant's share of such utilities, Landlord shall include the rentable square footage of such mezzanine space. (a) Landlord shall construct, or cause to be constructed, at Landlord's sole cost and expense, in good and workmanlike manner using new first-quality materials, and in compliance with applicable Laws, the Tenant Improvements in accordance with Exhibit "C". Landlord and Tenant have attached hereto as Exhibit "C" the Core initial scope and Shell Work Substantially Completeplans ("Initial Plans") for the Tenant Improvements. Landlord, at its sole cost and expense, shall cause its design professional(s) to Tenant on or before the Estimated Delivery Date. If Core prepare construction and Shell Work or permit drawings for the Tenant Improvements as required pursuant ("Construction Drawings") that conform to the terms Initial Plans. From time to time during the preparation of the Work Letter are not Substantially Complete on Construction Drawings, Tenant shall provide such information as is necessary to complete the Construction Drawings within four (4) business days after Landlord's request therefor. Landlord reserves the right to make reasonable modifications to the Initial Plans as may be required to avoid or before the Estimated Delivery Date for any reason whatsoevercorrect unforeseen site/building conditions, then this Lease subject to Tenant's approval of such modifications, which approval shall not be void unreasonably withheld or voidableconditioned. Tenant shall review and provide comment or approve such requests within four (4) business days after Landlord has made request therefor and if Tenant fails to review and provide comment or approve such requests within such four (4) business day period, the request shall be deemed approved. (b) Upon completion of the Construction Drawings, Landlord shall not be liable submit them to Tenant for Tenant's review and approval. Tenant shall review and provide any loss requested changes thereto, or damage resulting therefrom if acceptable, approve the same in writing to Landlord, within four (4) business days after delivery from Landlord. In all events, Tenant's requested changes to the Construction Drawings shall be limited to requesting changes that correct errors in the Construction Drawings from the requirements of the Initial Plans. Landlord agrees to make its architect available to Tenant, in a timely manner, in connection with such review, to respond to any questions which Tenant may have. In the event that Tenant fails to either provide requested changes or approve the Construction Drawings delivered by Landlord within such four (4)- business day period, the Construction Drawings shall be deemed approved by Tenant. In the event that Landlord provides from time to time revised Construction Drawings to Tenant for Tenant's review and approval, Tenant shall review and approve or disapprove such drawings in writing to Landlord within four (4) business days after receipt thereof from Landlord and if Tenant fails to review and approve or disapprove the Term Commencement Date revised Construction Drawings within such four (4)-business day period, the revised Construction Drawings shall be deemed approved by Tenant. Following the completion of the Construction Drawings and no later than five (5) business days after request therefor, Tenant shall provide to Landlord Tenant's finish selections with respect to paint and carpet color(s) (such selections being consistent with the Initial Plans and Construction Drawings). In any event, if Tenant fails to timely provide any information, consent or approval required of Tenant pursuant to this Section 2, such shall be considered Tenant Delay. (c) If (i) during the course of the preparation of the Construction Drawings, Tenant requests changes to the draft Construction Drawings which do not conform to the Initial Plans, or (ii) following the completion of the Construction Drawings, Tenant requests changes to the Construction Drawings, then the same (in the case of both (i) and (ii) above) shall constitute a change order requested by Tenant (a "Tenant Change Order"). Tenant Change Orders shall not occur until Substantial Completion be permitted without the prior written approval of Core and Shell Work and Landlord, which approval shall not be unreasonably withheld, conditioned or delayed by Landlord so long as the Tenant Change Order does not delay the Tenant Improvements occursbeing Substantially Completed. If Landlord approves any Tenant Change Order and completes the work associated with such Tenant Change Order, then any increase in the cost of the Tenant Improvements resulting from such Tenant Change Order shall be paid by Tenant within thirty (30) days of receipt of an invoice thereof from Landlord. In the alternative, as a condition to Landlord's approval of such Tenant Change Order, Landlord may require that, prior to Landlord's commencement of any work related to such Tenant Change Order, Tenant shall pay to Landlord fifty percent (50%) of the amount estimated by Landlord to become due to Landlord from Tenant with respect to such Tenant Change Order, with the balance to be paid within thirty (30) days of receipt of invoice therefor from Landlord following completion of such work. Any delay in the Tenant Improvements being Substantially Completed by reason of any Tenant Change Order shall constitute a Tenant Delay hereunder. (d) 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; provided, however, if the satisfaction that such right of substitution shall not apply to any paint or carpet selections or any other finish materials, without Tenant's consent, not to be unreasonably withheld or conditioned. During Landlord's construction of the requirements for Substantial Completion Tenant Improvements, Landlord shall coordinate (and cause its contractors to coordinate) with Tenant in connection with Tenant's installation of Core its telecommunication wiring, data wiring, and Shell Work or air compressors and related plumbing in the Premises, provided that Tenant strictly adheres to Landlord's construction schedule; and further provided that, during such early access in the Premises, all provisions of this Lease shall apply (with the exception of Tenant's obligation to pay Rent), specifically including but not limited to, under Sections 8 and 10 hereof; and Tenant's entry in the Premises shall not interfere with Landlord's construction of the Tenant Improvements. Landlord acknowledges that Tenant's accessing the Premises pursuant to the instructions and schedule of Landlord, shall not, unto itself, be deemed to be a Tenant Delay. (e) Upon the Tenant Improvements have been delayed by any being Substantially Completed, Landlord shall notify Tenant, and Tenant Delayor its agents shall inspect the Premises with Landlord within five (5) business days of receipt of such notice from Landlord. Within five (5) business days following such inspection, Substantial Completion Tenant shall deliver to Landlord a punchlist of Core and Shell Work and defective or incomplete portions of the Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Landlord's receipt of the punchlist. Upon completion of all punchlist items to Tenant's reasonable satisfaction, it shall be presumed that all of the Tenant Improvements shall be free from defects in materials or workmanship that can be detected by Tenant's inspection, excluding all repairs which are required in connection with routine maintenance. Furthermore, on that date which is one (1) year following the Commencement Date, it shall be presumed that all of the Tenant Improvements shall be free from latent defects in materials or workmanship unless Tenant notifies Landlord of any such additional defects prior to such date, excluding all repairs which are required in connection with routine maintenance. Landlord shall cause all warranties issued in connection with the construction of the Tenant Improvements to be issued jointly in Tenant's and Landlord's name, to the extent permissible, or if not permissible, Landlord shall make claim under such warranties on behalf of Tenant, to the extent necessary. (f) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Completed by the Estimated Commencement Date due, in whole or in part, to Tenant Delay, then Tenant's obligation to pay Rent hereunder shall not be affected or deferred on account of such delay and, therefore, the Commencement Date shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and be the date the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “been Substantially Completed but for Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Premises. Landlord 4.1 Landlord's Work Landlord, at its cost, shall endeavor to tender possession of construct the Premises (with Building and install the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements leasehold improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify described in writing to Landlord and Tenant the Rentable Area of the Premises Schedule "B" in accordance with Article 9Landlord's building standards for a Class A building, in a good and workmanlike manner (the "Landlord's Work"). The clean room area and the warehouse area will be finished by the Landlord in accordance with building standard warehouse space. All improvements, fixturing and installations to the Premises required by Tenant which calculation must are not specifically expressed as being Landlord's Work shall be approved carried out by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items at Tenant's cost in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure provisions for Landlord performing work on behalf of Tenant contained in Article 5 hereof. It is agreed and understood that no credit will be allowed 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 event Tenant does not require one or more of the items required to be performed or installed by the landlord as part of the Landlord's Work Letter) or TI Tenant Change Order Requests (as defined mentioned in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or Schedule "B". The Landlord shall assign to 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 any warranties received by the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the BudgetLandlord's Work or the construction of the Building to the extent that the Tenant has assumed in this lease the related obligation to maintain, repair or replace the items covered by the warranty. Any additional taxes or insurance premiums or other costs resulting from any leasehold improvements made to the Premises by Landlord or Tenant shall be the responsibility of Tenant. Subject to the provisions of Article 5 of this lease, Tenant may install in the Premises such partitions and decorations as it may desire, and, if expressly permitted in writing by the Landlord, such installations may be commenced prior to the Commencement Date; provided such work shall be done by such contractor or (7) contractors as Landlord may select and, provided such work shall be done in compliance with such rules and regulations as Landlord shall establish; it being further understood and agreed that Tenant's entry on and occupancy of the Premises prior to the Commencement Date shall be governed by and be subject to all the provisions, covenants and conditions of this lease other than those requiring payment of rent or additional rent. Tenant shall be responsible for all costs and expenses of such work and for any costs and expenses of Landlord caused directly or indirectly by such work or by delays caused by any revision to the Budget Landlord directly or TI indirectly as a result of such work; provided further and without prejudice to the foregoing that in the event that Tenant Change Order Request. shall desire to install any such partitions and decorations prior to the Commencement Date and such installations shall not be commenced and proceeded with in sufficient time to permit Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days the improvements set forth in Schedule "B" prior written notice to the Commencement Date, the commencement of the date when Landlord believes the Term Commencement Date will occurterm of this lease shall in no way be delayed or postponed as a consequence thereof.

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises for the Permitted Use. The Premises are comprised of the Net Rentable Area in the Building situated on the Land in the County of Durham, City of Durham, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. Except as provided herein (and subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall endeavor repair within a reasonable The Building is part of the Project and consists of a total of Eighty-Five Thousand Six Hundred and Twenty-Two (85,622) rentable square feet with the Building being comprised of Fifty One Thousand Six Hundred Sixty-Seven (51,667) rentable square feet. Landlord hereby represents and warrants to tender possession Tenant that the foregoing representations regarding rentable square feet are consistent with the definition of rentable area calculated pursuant to Building Owners and Managers Association Standards. A floor plan of the Premises is attached hereto and made a part hereof as Exhibit B. As an appurtenance to the Premises, Tenant, its employees and invitees will have the nonexclusive right to use the Common Areas at the Building. Within five business days of the Commencement Date, Tenant will, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises (with subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall repair within a reasonable amount of time), acknowledging the Commencement and Termination Dates of this Lease. Except for any items the cost of which is paid out of the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableImprovement Allowance, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom perform, at its sole cost and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; providedexpense, however, if the satisfaction all work detailed on Exhibit C hereto. The upfit of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant DelayPremises, Substantial Completion of Core and Shell Work and the Tenant Improvements shall will be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved performed by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Premises Specifications in the Work Letter, if applicable attached hereto and made a part hereof Exhibit D. Subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants of the Project, Tenant and its invitees will have the right to the non-exclusive usage of twenty (20) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes parking spaces. Landlord will not be responsible 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 enforcing Tenant’s Agents that interferes parking rights against any third parties. Tenant is granted a non-exclusive right to use, in common with the progress other tenants and users of the work; (6) failure Project, all of the Common Areas. Landlord shall have exclusive control and Tenant management responsibility of the Common Areas. Landlord may, from time to agree (for time, alter the Common Areas, install kiosks, planters, fountains, sculptures, signs, and other structures within the Common Areas provided however that any reasonsuch alterations shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises or decrease Tenant’s parking spaces. Landlord shall have the right to establish, provided Landlord acts in good faith modify, and diligently to work with Tenant enforce reasonable rules and regulations with respect to the BudgetCommon Areas and to grant to individual tenants the right to conduct retail sales within the Common Areas. Landlord makes no representation or warranty concerning the size of the Common Areas and may, in the future, reduce the size of the Common Areas in its reasonable discretion, provided however that such reduction shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises, and shall result in a commensurate reduction in Tenant’s Proportionate Share. Landlord hereby grants to Tenant a continuing right of first refusal to lease vacant and available space in the Building (the “Additional Space”) on under the terms and conditions as provided below: (i) Subordinate to other tenants at the Project with pre-existing First Right of Refusal, and so long as there is no event of default by Tenant hereunder beyond any applicable grace and/or cure period, Landlord will notify Tenant when it has all or a mutually agreeable Budget portion of the Additional Space for lease to a third party (the “Third Party”) and the terms and conditions upon which it is willing to lease such space (“Landlord’s Notice”). (ii) Tenant shall provide written notice to Landlord, as to Tenant’s decision to lease or not to lease the Additional Space within ten five (105) calendar business days after Landlord’s Notice is received. If Tenant does provide to Landlord delivers notice to lease the Additional Space, Landlord and Tenant will execute a draft Budget lease amendment adding the Additional Space to the Premises within twenty (20) days after Landlord’s receipt of Tenant’s notice of intent to lease on all the same terms provided to the Third Party. If Tenant does not provide written notice to Landlord within five (5) business days after receipt of the Landlord's Notice, Tenant will have been deemed to have waived its right to lease the Additional Space and Landlord shall be free to enter into a lease with the Third Party. Should all or any portion of the Additional Space become vacant thereafter, Tenant shall again have the right of first refusal provided herein. (iii) The rights provided to Tenant or any request by Tenant that the scope of in this Section are personal to the Tenant Improvements and may not be modified assigned in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice an assignment of this Lease, subletting of the date when Landlord believes the Term Commencement Date will occurPremises or otherwise, except for any Permitted Transferee (as hereinafter defined).

Premises. 1.1 District leases the Premises from Landlord shall endeavor for the term and upon the conditions and covenants set forth in this Lease. Landlord and District hereby stipulate to tender possession the rentable square footage of the Premises (with the Tenant Improvements and the Core Building as set forth in Section I on DC DRES Form L-102TIA. 1.2 Landlord hereby grants to District and Shell Work Substantially Complete) to Tenant on or before its agents, employees, and invitees the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant nonexclusive right with others designated by Landlord to the terms use of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay Common Areas in the commencement or completion of Building for ingress to and egress from the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items Premises, in accordance with the Work Letter attached hereto terms of this Lease. Landlord may make such changes to the Common Areas as Exhibit G; (2) Tenantdo not unreasonably interfere with or unreasonably diminish the District’s failure access to fulfill its obligations as set forth in this Lease the Premises or the Work Letter District’s use thereof. 1.3 Landlord hereby represents and warrants that as of the date of this Lease, the Building is in compliance with Laws, subject to any “grandfathering” provisions. Landlord shall be responsible for compliance with all applicable Laws (subject to any “grandfathering” provisions) as they pertain to the Common Areas, Base Building Conditions, or Building Structures and Systems provided any non-compliance is not directly attributable to the use or occupancy of the Building or the Premises (including any failure alterations to review the Premises) by District throughout the Lease Term. District shall be responsible for changes or approve additions to the Premises required to comply with applicable Laws necessitated directly by reason of District’s use or disapprove any items occupancy of or alterations to the Premises during the Lease Term. All such future changes, additions, and work to the Common Areas, Base Building Conditions, or Building Structures and Systems, to the extent commercially reasonable, shall be performed after Building Hours and on weekends, unless their installation does not interfere with the District’s use and enjoyment of the Premises. 1.4 Subject to the terms and conditions of the Lease, Landlord shall deliver the Premises to the District and the District shall accept the Premises in its “as- is” condition. Provided, however, that if the Parties have agreed upon Tenant Improvements, Landlord shall provide the Premises to the District in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined terms and conditions specified in a work agreement substantially in the Work Letter) or TI Tenant Change Order Requests (as defined form of DC DRES Form A-103 and which agreement will attach a statement of lessor’s unit costs in the Work Letter); (4) unavailability form of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurDC DRES Form A-104.

Premises. Section 2.1 Leased Premises (a) Landlord shall endeavor to tender possession is the owner of the Premises (with real estate consisting of a building located in the Tenant Improvements and development designated in the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery DateSchedule. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms That portion of the Work Letter are not Substantially Complete Building consisting of the Leased Premises set forth in the Schedule and containing the area designated therein is crosshatched on or before the Estimated Delivery Date for any reason whatsoever, then this Lease plan attached hereto as Exhibit A. (b) With the consent of Landlord which shall not be void unreasonably withheld, conditioned or voidabledelayed, Tenant may reduce the amount of its laboratory space (in Suite 150) by up to 5,000 square feet. Any such area to be removed from the Leased Premises (the "Relinquished Space") shall be of such shape, condition and location, and with ingress and egress from existing corridors so that it shall present no unique impediment to leasing by Landlord to a third party ("Space Conditions"). Such area being relinquished by Tenant shall not be liable returned to Tenant for any loss or damage resulting therefrom Landlord in clean condition, with building standard demising walls between the Leased Premises and the Term Commencement Date shall not occur until Substantial Completion Relinquished Space in place and with building systems servicing the Relinquished Space functioning. Upon such return of Core and Shell Work and relinquished space to Landlord, the Tenant Improvements occurs; provided, however, if the satisfaction size of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Leased Premises shall be deemed to occur when (as reasonably determined reduced by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area size of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant Relinquished Space (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items measured in accordance with the Work Letter attached hereto BOMA Standards, as Exhibit G; (2that term is hereinafter defined) and appropriate adjustments shall be made in Base Rent, Tenant’s 's Building Proportionate Share and Tenant's Project Proportionate Share, based on the reduction in the Rentable Square Feet of the Leased Premises and the Relinquished Space. It shall be unreasonable for Landlord to withhold its consent to Tenant's relinquishment of the Relinquished Space for any market reasons or other reasons related to Landlord's perceived inability to lease the Relinquished Space for a rental that is acceptable to Landlord, unless such inability results from Space Conditions or Tenant's failure to fulfill satisfy its obligations as set forth in under this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurLease.

Premises. Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by Tenant as hereinafter set forth, hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises for the exclusive use of the Tenant in the Building for the Lease Term and upon the conditions and agreements hereinafter set forth below. Landlord shall endeavor to tender possession and Tenant stipulate that the estimated rentable square footages of the Premises (with the Tenant Improvements and the Core Building, respectively, are as set forth in the Summary of Basic Lease Terms. This Lease shall constitute a binding agreement between the parties effective as of the Effective Date. In addition to the use of Premises, Tenant shall have use of all of the hallways, entryways, stairs, elevators, driveways, parking areas, walkways, common kitchens, conference rooms, restrooms and Shell Work Substantially Complete) all other areas in the Building or on the Land that are provided from time to time by Landlord for the general nonexclusive use by Tenant and other tenants of the Building (the “Common Area”). Tenant will have the ability to use additional amenities, on a non-exclusive basis, including certain common kitchens, bathrooms, conference rooms, and other amenities provided by the Landlord to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required from time to time pursuant to the terms of this Lease (the “Amenities”), which Amenities are a part of the Common Area and situated in certain areas designated by Landlord (the “Amenities Area”). Provisions regarding the remodeling or construction of Landlord’s Work within the Premises are set forth in the Work Letter. Except as set forth in the Work Letter are not Substantially Complete or otherwise in this Lease, Landlord has no obligation for the completion of any finish work or remodeling of the Premises, other than being delivered freshly painted and in broom clean condition. Other than as set forth herein, Tenant shall accept the Premises on or before the Estimated Delivery Commencement Date for any reason whatsoeverin their “as is” condition, then and, except as expressly set forth in this Lease shall not be void or voidableLease, Landlord shall not be liable deemed to Tenant for have made any loss representations or damage resulting therefrom and warranties with respect to the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction suitability of the requirements Premises for Substantial Completion Tenant's use, or otherwise, and shall have no other obligation for the completion of Core and Shell Work or the Premises. By taking possession of the Premises, Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined have agreed that the same is in good order, repair, and condition. Notwithstanding the foregoing, Tenant may access the Premises prior to the Commencement Date for purposes of constructing and installing its improvements within the Laboratory Premises. Any such period of early occupancy shall be governed by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area all of the Premises in accordance with Article 9terms and conditions of this Lease, which calculation must be approved by Landlord and except that Tenant (both hereby agreeing shall have no obligation to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations pay rent except 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); (Paragraph 3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur2.

Premises. Landlord shall endeavor does hereby rent and lease to tender possession Tenant and Tenant does hereby rent and lease from Landlord, the Premises located in the Building identified in the Basic Lease Provisions, situated on the real property described in Exhibit A attached hereto (the “Property”), such Premises as all further shown by diagonal lines on the drawing attached hereto as Exhibit A-1 and made a part hereof by reference. Landlord has determined the square footage of the Premises using the BOMA 1996 standard. The rentable square feet of the Premises is approximately as set forth in Section 6.1 of the Summary. The rentable square feet of the Premises and the Building are subject to verification prior to the Commencement Date by Landlord or Tenant, and if such verification discloses that the rentable square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect rentable square feet (including, without limitation, the amount of the Base Rent and Tenant’s Share) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant. Tenant has inspected the Premises and agrees to accept the same “AS IS,” without representation or warranty on the part of Landlord to perform any improvements therein, except as expressly set forth in Exhibit B attached hereto and made a part hereof, except that the foregoing will not affect Landlord’s maintenance and repair obligations hereunder and except that, as of the Commencement Date (as defined in Section 2(a), below), Landlord represents and warrants that the building systems serving the Premises, including the sprinkler system, HVAC system, mechanical, electrical and plumbing systems, and roll-up doors, if any, shall be in good working order, and the roof shall be watertight and Landlord shall warrant these items for a period of ninety (90) days following Lease Commencement. Landlord shall replace and /or refurbish as needed the existing HVAC units prior to Lease Commencement at Landlords sole cost and expense. Landlord and Tenant agree that the number of rentable square feet described in Paragraph 2 of the Basic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises. Tenant shall have the non-exclusive right, in common with the Tenant Improvements other parties occupying the Property, to use all the grounds, sidewalks, parking areas, driveways and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms alleys of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverProperty, then this Lease shall not be void or voidable, twenty-four (24) hours per day seven (7) days per week subject to such reasonable rules and regulations as Landlord shall not be liable may from time to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurstime prescribe; provided, however, if that Tenant shall have the satisfaction exclusive use and control a portion of the requirements for Substantial Completion of Core parking and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter paved areas designated on Exhibit A-1 attached hereto as Exhibit G; (2) “Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter Exclusive Parking Areas”) twenty-four (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (324) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or hours per day seven (7) delays caused by days per week. Subject to any revision applicable local, state or federal law, ordinance, rule, regulation, Code or order of any governmental entity or insurance requirement (collectively, “Laws”), Tenant may use the Tenant’s Exclusive Parking Areas for customer and employee parking of vehicles only. Tenant shall not succeed to any of Landlord’s easement rights over and relating to the Budget or TI Property, nor shall Tenant Change Order Requestobtain any rights to common areas, as designated by Landlord, other than those rights specifically granted to Tenant in this Lease. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice have the sole right of control over the use, maintenance, configuration, repair and improvement of the date when common areas (the parties acknowledging that Tenant’s Exclusive Parking Areas shall not constitute part of the common areas hereunder). Landlord believes may make such changes to the Term Commencement Date will occuruse or configuration of, or improvements comprising, the common areas as Landlord may elect without liability to Tenant; provided, however, that, in the exercise of Landlord’s rights under the last two sentences of this Paragraph, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s business operations in and from the Premises.

Premises. A. Landlord does hereby lease to Tenant, and Tenant, subject to the terms and conditions of this Lease, does hereby take from Landlord, those certain premises to be built by Landlord to accommodate Tenant, located at 0000 Xxxxxx Xxxx XX, Xxxxx 000 (+/-0000 square feet), county of Bernalillo, state of New Mexico, on the property more particularly described on Exhibit A hereto with non-exclusive right to use the onsite parking ("Parking Lot"), (collectively the Building and Parking Lot are referred to as the "Premises"). B. The lease is made with the understanding that in Year 2 of the School (SY20) “Premises” may expand to include the 6,672 square feet in Suite 102 just adjacent to Suite 101 for a total of +/-14,275 square feet if necessary to accommodate the enrollment of the School. Tenant shall notify landlord of intent to occupy Suite 102 at least six (6) months prior the expiration of Year 1 of the lease for Suite 101. The price per square foot of Suite 102 shall be the same as for Suite 101 plus the cost of improvements per square foot for Suite 102 amortized over five (5) years. C. This lease is also made with the understanding that should Suite 103 be needed and available for expansion of the School as early as the 2020-2021 school year Landlord shall endeavor make available Suite 103 to tender possession the School. D. Landlord shall cause to be built such improvements to Suite 101 as detailed by the plan drawings attached as Exhibit B to this Lease. The cost of these improvements shall be built into the lease rate and amortized over five (5) years. Should Tenant have the available and appropriate funds to do so and should the School choose to pay these improvements off sooner than the five (5) year amortization schedule the School shall be allowed to do so with no penalty. E. As they become available, Landlord shall deliver to Tenant the specific legal description of the Premises, site plan, specifications and design of the Facilities, and a construction schedule for the Facilities (collectively, the "Plans and Specifications") for approval by the School's Governing Council. Upon approval by Xxxxxx, the specific legal description of the Premises (shall be attached to this Lease as an exhibit. F. During the design and build of the Facilities and prior to approval by the Public School Facilities Authority, the Parties agree to meet on a regular basis and to use good faith efforts to seek consensus on issues related to construction of the Facilities in accordance with the Tenant Improvements Plans and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery DateSpecifications. If Core consensus is not reached after reasonable time for consultation, either Party can request mediation, and Shell Work or both Parties shall attend a mediation conference in good faith. If no resolution is reached after such mediation conference, either Party shall have the Tenant Improvements as required pursuant right terminate this Lease by written notice to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within other Party within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area date of the mediation conference. X. Xxxxxx shall use the Premises in accordance with Article 9, which calculation must for the following purposes and for no other purposes whatsoever: operation of a public charter school or related general educational or office use. All of the foregoing shall be approved by referred to herein as the "Tenant’s Uses." H. Neither Landlord and Tenant (both hereby agreeing to act reasonably nor any agents or employees of Landlord have made any representations or promises with respect to granting such approval). “Tenant Delay” shall mean any delay the Premises, except as expressly set forth herein and as set forth in all exhibits and attachments to this Lease and the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items documents delivered in accordance with the Work Letter attached hereto terms of this Lease, including without limitation, the Plans and Specifications, and no rights, privileges, easements or licenses are acquired by Tenant, except as Exhibit G; expressly set forth herein. The taking of possession of the Premises by Tenant shall be evidence that the Premises were on such date of possession in good, clean and tenantable condition and that the Tenant accepts the Premises "As Is" except (2i) Tenant’s failure to fulfill its obligations as outlined by Xxxxxx at the time of such possession, (ii) as set forth in this Lease or the Work Letter warranties provided by third parties for the Facilities, and (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3iii) 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 continuing maintenance and Tenant to agree (for any reason, provided Landlord acts repair obligations expressly set forth in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurthis Lease.

Premises. All of the first and second floors of the west wing -------- of the Building provided that the Premises shall not include until occupied by Tenant any of such space in excess of approximately * total rentable square feet of office space (the "Office Space") and approximately * total rentable square feet of assembly space (the "Assembly Space") as generally shown in Exhibit A-1 * - REDACTED TEXT - CONFIDENTIAL TREATMENT REQUESTED; OMITTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. and A-2 attached to this Lease and as improved in accordance with the provisions of Exhibit B attached to this Lease. The Office Space shall be generally located on the first and second floors and the Assembly Space shall be located on the first floor. Upon completion of construction of the Building, Landlord shall endeavor to tender possession cause the usable area of the Premises (with to be measured by Landlord's licensed architect or engineer using the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms current version of the Work Letter are not Substantially Complete on or before Standard Method for Measuring Floor Area in Office Buildings published by the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom Building Owners and Managers Association International (the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs"BOMA Standards"); provided, however, if that the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area rentable area of the Premises in accordance with Article 9, which calculation must shall be approved calculated by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in multiplying the commencement or completion usable area of the Core Premises by 1.12 and Shell Work or the TI Work that results from or arises out of any BOMA Standards shall not be used in calculating the rentable area of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as Premises. The Annual Base Rent set forth in this Lease Section 1.11 and the Monthly Base Rent set forth in Section 1.12 hereof shall be adjusted to reflect the rentable area of the Premises as so calculated. Tenant shall have the right to have such measurement verified by Tenant's independent licensed architect or engineer. The additional space for the Work Letter (including any failure to review or approve or disapprove any items Premises in accordance with excess of the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined initial Office Space and the initial Assembly Space shall be included in the Work Letter) Premises on the date Tenant begins use of all or TI Tenant Change Order Requests (a portion of such space and Rent and other charges shall commence to be payable for such space as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes of such first use by Tenant at the Term Commencement Date will occurrate per rentable square foot set forth below for additional Office Space. The Assembly Space at the below stated rent for the Assembly Space shall be limited to * rentable square feet at such rent. However, Tenant may take additional Assembly Space in excess of * rentable square feet at the below stated rent for Office Space.

Premises. 2.1 Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) does hereby lease to Tenant and Tenant hereby leases from Landlord that certain real property (herein called "Premises") indicated on or before the Estimated Delivery DateEXHIBIT A attached hereto and by reference thereto made a part hereof. If Core Said Premises are commonly known as 0000 Xxxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion improved with a building of Core and Shell Work and approximately 33,000 square feet (the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval"Building"). “Tenant Delay” shall mean any delay The Premises are more particularly described in the commencement or completion EXHIBIT A hereto. Any statement of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as size set forth in this Lease or that may have been used in calculating rental is an approximation which Tenant and Landlord agree is reasonable. Notwithstanding 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 materialsforegoing, components or finishes for Core and Shell Work or the Tenant Improvements that differ or Landlord may elect, at its sole cost, to cause the square footage of the Building to be measured by a California licensed architect according to the following criteria: (i) the square footage of each above ground floor shall be based on measurements from Landlord’s standard work or that have an unusually long lead-time for deliverythe exterior of all exterior walls; and (5ii) a willful or negligent act or omission the square footage of the basement area shall be based on measurements from the interior of all basement exterior walls. When completed, Tenant or Tenant’s Agents that interferes with Landlord, as the progress of the work; (6) failure of Landlord case may be, may deliver its measurements and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect calculations to the Budget) on a mutually agreeable Budget other and, if within ten (10) calendar business days of delivery, the other party does not object in writing to the calculated square footage of the Building, such square footage shall be used to recalculate Monthly Rent as provided at Paragraph 5 below. If the other party disagrees in writing with the calculated square footage within such ten (10) business-day period, then it may conduct its own calculation thereof in accordance with this paragraph which shall be completed as soon as reasonably possible. If after the time periods provided in this paragraph have elapsed and Landlord delivers and Tenant are still in disagreement as to the appropriate square footage after the second calculation, the matter shall be submitted to a draft Budget California licensed architect selected by the other two architects and such architect shall determine which of the two previously made calculations of square footage shall be used. Such architect's determination shall be binding on Landlord and Tenant. Notwithstanding anything herein to the contrary, the recalculation of the square footage of the Building must be commenced by the delivery no later than August 15, 1998 of the initial recalculation by one party to the other. Failure to do so shall be deemed both parties' agreement that the Building contains 33,000 square feet for all purposes under this Lease. 2.2 This Lease is subject to the terms, covenants and conditions herein set forth and Tenant and Landlord each covenant to the other as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions to be kept and performed by Tenant or Landlord, as applicable, and that this Lease is made upon the condition of said performance. 2.3 Landlord shall deliver the Premises to Tenant or any request broom clean and free of debris and in good operating order, condition and repair on the Commencement Date (as defined below) and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air condition systems ("HVAC"), loading doors, if any, and all other such elements in the Premises, other than those constructed by Tenant shall be in good, operating condition on the Commencement Date and that the scope structural elements of the Tenant Improvements roof, bearing walls and foundation of the Building shall be modified free of material defects. 2.4 Landlord warrants that the improvements on the Premises materially comply with all applicable laws, covenants or restrictions of record, building codes, regulations and ordinances ("Applicable Requirements") in connection with effect on the Budget; or (7) delays caused by any revision Commencement Date. This warranty does not apply to the Budget use to which Tenant will put the Premises or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of any alterations or modifications made or to be made to the date when Landlord believes the Term Commencement Date will occurPremises by Tenant.

Premises. Effective as of the Commencement Date, Landlord shall endeavor lease unto Tenant and Tenant shall lease from Landlord approximately One Hundred Twenty Six Thousand Two Hundred. Thirty One (126,231) rentable square feet (the "Premises"), consisting of the entire floor area of a building to tender possession be known as TransDulles Centre Building 14 (the "Building") the proposed footprint of which is shown on Exhibit A-I, together with the right to use all entranceways, parking areas and sidewalks serving the Building, which Building is located on a parcel of land known as Xxx 00X, XxxxxXxxxxx Xxxxxx (the "Property") as shown and described by metes and bounds in Exhibit A-2, within the office and warehouse park known as TransDulles Centre as shown on Exhibit A-3 (TransDulles Centre"), and that machinery and equipment installed in and upon the Premises by Landlord, together with all additions and accessions thereto, substitutions therefor and replacements thereof permitted by this Lease (collectively, the "Equipment"). The exact square footage of the Premises shall be determined by the architect responsible for the design of the Building Shell (the "Designing Architect") promptly following the Commencement Date, in accordance with the standard of measurement described in Exhibit A-4. Landlord shall promptly provide Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms with notice of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeversquare footage as so determined, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction accompanied by a summary of the requirements for Substantial Completion of Core and Shell Work or calculations prepared by the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when Designing Architect (as reasonably determined by "Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred's Area Determination Notice"). Within thirty (30) calendar days after Substantial Completion of Core and Shell Work and the Landlord's Area Determination Notice, Tenant Improvements, Landlord’s architect shall calculate and certify in writing may issue to Landlord and Tenant notice of Tenants determination of the Rentable Area square footage of the Premises in accordance with Article 9, which calculation must be approved ("Tenant's Area Determination Notice") as determined by Landlord and an architect selected by Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1"Tenants Architect") delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as standard of measurement described in Exhibit G; (2) A-4, accompanied by a summary of the calculations prepared by Tenant’s failure 's Architect. Should Tenant fail to fulfill its obligations timely issue Tenant's Area Determination Notice to Landlord, the area of the Premises as set forth in this Lease or Landlord's Area Determination shall conclusively be deemed to be 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 rentable area of the work; (6) failure of Premises for all purposes. If Tenant timely issues to Landlord Tenant's Area Determination Notice, the Designing Architect and Tenant Tenant's Architect shall promptly confer and shall use their best efforts to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to upon the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope area of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order RequestPremises. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.If The Designing Architect and Tenant's Architect cannot reach agreement within

Premises. Section 2.1. Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord, the Leased Premises located at 000 Xxxx Xxx Xxxx Xxxx, Xxxxxxx, Texas as shown and set forth on Exhibit “A”, which is annexed hereto and incorporated by reference herein and made part hereof for all purposes, such building to be constructed or being constructed on a portion of the tract of property described in Exhibit “A-l” (and any additional land from time to time designated by Landlord), which tract of property (and any additional land from time to time designated by Landlord) and any existing and future buildings, parking area, sidewalks, service area and other improvements now existing or hereafter erected thereon are sometimes herein referred to as the “Center”. The Center parking arrangement and number of spaces, positioning of Center on subject property, location and number of driveways, and location of Tenant in the Center are subject to change without notice. Landlord reserves the right to place in, under, over or through the Leased Premises (pipes, wires, lines and facilities serving other areas of the Center provided such right is exercised in a manner which does not unreasonably interfere with Tenant’s conduct of its business at the Tenant Improvements Leased Premises. Section 2.2. In determining the floor area of the Leased Premises, distances shall be measured from the exterior face of all exterior walls and the Core center of all partition walls which separate the Leased Premises from any interior area. Walls separating the Leased Premises from a mall and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements corridor walls shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area be exterior walls of the Leased Premises. Section 2.3. Landlord reserves the right to re-measure the Leased 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 determine the commencement or completion gross leasable area of the Core and Shell Work or Leased Premises. In the TI Work event the re-measurement discloses that results from or arises out of any the actual gross leasable area of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations Leased Premises 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 materialsArticle I Section 4 is incorrect, 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 shall execute an amendment to agree the Lease (i) reflecting the actual gross leasable area of the Leased Premises, (ii) adjusting the Minimum Rent and Additional Charges based on the new square footage and (iii) adjusting the Extension Term(s) Rent and all other charges accruing under the Lease which are based on the actual gross leasable area of the Leased Premises. In the event of an adjustment, Tenant will pay any excess Minimum Rent and Additional Charges owed to Landlord within fifteen (15) days after receipt of a statement, or Tenant shall take a credit for any reasonoverpayment against the next Minimum Rent and Additional Charges payments due. Section 2.4. In addition, provided Landlord acts in good faith Tenant shall have the exclusive right to use and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant occupy that the scope portion of the Tenant Improvements be modified Center specified in connection with the Budget; or (7) delays caused Exhibit C, attached hereto and incorporated herein by any revision reference, hereinafter referred to the Budget or TI Tenant Change Order Request. Landlord shall endeavor as “Additional Area”, and accepts same in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.its

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises for the Permitted Use. The Premises are comprised of the Net Rentable Area in the Building situated on the Land in the County of Durham, City of Durham, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. Except as provided herein (and subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall endeavor repair within a reasonable amount of time), Tenant shall lease the Premises “as is” with no representations or warranties made by Landlord as to tender possession the condition of the Premises To the best of its knowledge, Landlord represents and warrants that as of this date, the Premises are in material compliance with all Applicable Laws, and are in good condition and repair subject to reasonable wear and tear. In addition, Landlord shall use all reasonable efforts to insure that as of the Commencement Date (modified as provided herein), the Premises will be in material compliance with all Applicable Laws and are in good condition and repair. To the best of Landlord’s knowledge, Applicable Laws and any recorded restrictive covenants permit the Premises to be used for the Permitted Use. The Building is part of the Project and consists of a total of Eighty-Five Thousand Six Hundred and Twenty-Two (85,622) rentable square feet with the Building being comprised of Fifty One Thousand Six Hundred Sixty-Seven (51,667) rentable square feet. Landlord hereby represents and warrants to Tenant that the foregoing representations regarding rentable square feet are consistent with the definition of rentable area calculated pursuant to Building Owners and Managers Association Standards. A floor plan of the Premises is attached hereto and made a part hereof as Exhibit B. As an appurtenance to the Premises, Tenant, its employees and invitees will have the nonexclusive right to use the Common Areas at the Building. Within five business days of the Commencement Date, Tenant will, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises (with subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall repair within a reasonable amount of time), acknowledging the Commencement and Termination Dates of this Lease. Except for any items the cost of which is paid out of the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableImprovement Allowance, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom perform, at its sole cost and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; providedexpense, however, if the satisfaction all work detailed on Exhibit C hereto. The upfit of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant DelayPremises, Substantial Completion of Core and Shell Work and the Tenant Improvements shall will be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved performed by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Premises Specifications in the Work Letter, if applicable attached hereto and made a part hereof Exhibit D. Subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants of the Project, Tenant and its invitees will have the right to the non-exclusive usage of twenty (20) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes parking spaces. Landlord will not be responsible 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 enforcing Tenant’s Agents that interferes parking rights against any third parties. Tenant is granted a non-exclusive right to use, in common with the progress other tenants and users of the work; (6) failure Project, all of the Common Areas. Landlord shall have exclusive control and Tenant management responsibility of the Common Areas. Landlord may, from time to agree (for time, alter the Common Areas, install kiosks, planters, fountains, sculptures, signs, and other structures within the Common Areas provided however that any reasonsuch alterations shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises or decrease Tenant’s parking spaces. Landlord shall have the right to establish, provided Landlord acts in good faith modify, and diligently to work with Tenant enforce reasonable rules and regulations with respect to the BudgetCommon Areas and to grant to individual tenants the right to conduct retail sales within the Common Areas. Landlord makes no representation or warranty concerning the size of the Common Areas and may, in the future, reduce the size of the Common Areas in its reasonable discretion, provided however that such reduction shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises, and shall result in a commensurate reduction in Tenant’s Proportionate Share. Landlord hereby grants to Tenant a continuing right of first refusal to lease vacant and available space in the Building (the “Additional Space”) on under the terms and conditions as provided below: (i) Subordinate to other tenants at the Project with pre-existing First Right of Refusal, and so long as there is no event of default by Tenant hereunder beyond any applicable grace and/or cure period, Landlord will notify Tenant when it has all or a mutually agreeable Budget portion of the Additional Space for lease to a third party (the “Third Party”) and the terms and conditions upon which it is willing to lease such space (“Landlord’s Notice”). (ii) Tenant shall provide written notice to Landlord, as to Tenant’s decision to lease or not to lease the Additional Space within ten five (105) calendar business days after Landlord’s Notice is received. If Tenant does provide to Landlord delivers notice to lease the Additional Space, Landlord and Tenant will execute a draft Budget lease amendment adding the Additional Space to the Premises within twenty (20) days after Landlord’s receipt of Tenant’s notice of intent to lease on all the same terms provided to the Third Party. If Tenant does not provide written notice to Landlord within five (5) business days after receipt of the Landlord’s Notice, Tenant will have been deemed to have waived its right to lease the Additional Space and Landlord shall be free to enter into a lease with the Third Party. Should all or any portion of the Additional Space become vacant thereafter, Tenant shall again have the right of first refusal provided herein. (iii) The rights provided to Tenant or any request by Tenant that the scope of in this Section are personal to the Tenant Improvements and may not be modified assigned in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice an assignment of this Lease, subletting of the date when Landlord believes the Term Commencement Date will occurPremises or otherwise, except for any Permitted Transferee (as hereinafter defined).

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises for the Permitted Use. The Premises are comprised of the Net Rentable Area in the Building situated on the Land in the County of Durham, City of Durham, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. Except as provided herein (and subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall endeavor repair within a reasonable amount of time), Tenant shall lease the Premises “as is” with no representations or warranties made by Landlord as to tender possession the condition of the Premises To the best of its knowledge, Landlord represents and warrants that as of this date, the Premises are in material compliance with all Applicable Laws, and are in good condition and repair subject to reasonable wear and tear. In addition, Landlord shall use all reasonable efforts to insure that as of the Commencement Date (modified as provided herein), the Premises will be in material compliance with all Applicable Laws and are in good condition and repair. To the best of Landlord's knowledge, Applicable Laws and any recorded restrictive covenants permit the Premises to be used for the Permitted Use. The Building is part of the Project and consists of a total of Eighty-Five Thousand Six Hundred and Twenty-Two (85,622) rentable square feet with the Building being comprised of Fifty One Thousand Six Hundred Sixty-Seven (51,667) rentable square feet. Landlord hereby represents and warrants to Tenant that the foregoing representations regarding rentable square feet are consistent with the definition of rentable area calculated pursuant to Building Owners and Managers Association Standards. A floor plan of the Premises is attached hereto and made a part hereof as Exhibit B. As an appurtenance to the Premises, Tenant, its employees and invitees will have the nonexclusive right to use the Common Areas at the Building. Within five business days of the Commencement Date, Tenant will, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises (with subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall repair within a reasonable amount of time), acknowledging the Commencement and Termination Dates of this Lease. Except for any items the cost of which is paid out of the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableImprovement Allowance, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom perform, at its sole cost and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; providedexpense, however, if the satisfaction all work detailed on Exhibit C hereto. The upfit of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant DelayPremises, Substantial Completion of Core and Shell Work and the Tenant Improvements shall will be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved performed by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Premises Specifications in the Work Letter, if applicable attached hereto and made a part hereof Exhibit D. Subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants of the Project, Tenant and its invitees will have the right to the non-exclusive usage of twenty (20) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes parking spaces. Landlord will not be responsible 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 enforcing Tenant’s Agents that interferes parking rights against any third parties. Tenant is granted a non-exclusive right to use, in common with the progress other tenants and users of the work; (6) failure Project, all of the Common Areas. Landlord shall have exclusive control and Tenant management responsibility of the Common Areas. Landlord may, from time to agree (for time, alter the Common Areas, install kiosks, planters, fountains, sculptures, signs, and other structures within the Common Areas provided however that any reasonsuch alterations shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises or decrease Tenant’s parking spaces. Landlord shall have the right to establish, provided Landlord acts in good faith modify, and diligently to work with Tenant enforce reasonable rules and regulations with respect to the BudgetCommon Areas and to grant to individual tenants the right to conduct retail sales within the Common Areas. Landlord makes no representation or warranty concerning the size of the Common Areas and may, in the future, reduce the size of the Common Areas in its reasonable discretion, provided however that such reduction shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises, and shall result in a commensurate reduction in Tenant’s Proportionate Share. Landlord hereby grants to Tenant a continuing right of first refusal to lease vacant and available space in the Building (the “Additional Space”) on under the terms and conditions as provided below: (i) Subordinate to other tenants at the Project with pre-existing First Right of Refusal, and so long as there is no event of default by Tenant hereunder beyond any applicable grace and/or cure period, Landlord will notify Tenant when it has all or a mutually agreeable Budget portion of the Additional Space for lease to a third party (the “Third Party”) and the terms and conditions upon which it is willing to lease such space (“Landlord’s Notice”). (ii) Tenant shall provide written notice to Landlord, as to Tenant’s decision to lease or not to lease the Additional Space within ten five (105) calendar business days after Landlord’s Notice is received. If Tenant does provide to Landlord delivers notice to lease the Additional Space, Landlord and Xxxxxx will execute a draft Budget lease amendment adding the Additional Space to the Premises within twenty (20) days after Landlord’s receipt of Tenant’s notice of intent to lease on all the same terms provided to the Third Party. If Tenant does not provide written notice to Landlord within five (5) business days after receipt of the Landlord's Notice, Tenant will have been deemed to have waived its right to lease the Additional Space and Landlord shall be free to enter into a lease with the Third Party. Should all or any portion of the Additional Space become vacant thereafter, Tenant shall again have the right of first refusal provided herein. (iii) The rights provided to Tenant or any request by Tenant that the scope of in this Section are personal to the Tenant Improvements and may not be modified assigned in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice an assignment of this Lease, subletting of the date when Landlord believes the Term Commencement Date will occurPremises or otherwise, except for any Permitted Transferee (as hereinafter defined).

Premises. (a) Landlord shall endeavor leases to tender possession Tenant and Tenant leases from Xxxxxxxx Xxxxx Xx. 000, which the parties stipulate and agree is 3,406 rentable square feet as shown on the floor plan attached hereto as Exhibit “A” (“Premises”), located at 000 X. Xxxxxxxxx Avenue, Radnor, Delaware County, PA 19087 (“Building”), which is a part of the project located at Radnor Financial Center (“Project”). The square footage of the Premises has been measured in accordance with published BOMA (ANSI/BOMA Z65.i – 1996) standards and methodology. (b) Landlord shall construct the Premises in substantial conformity with mutually agreed upon construction plans to be prepared by Xxxxx Associates (“Landlord’s Work”), the Tenant Improvements same of which shall be attached hereto, made a part hereof and marked as Exhibit “B”. Landlord shall only be responsible for payment of a maximum cost of $25.00 per rentable square foot for the Core and Shell Landlord’s Work Substantially Complete) to Tenant on or before (the Estimated Delivery Date“Landlord Allowance”). If Core and Shell Work or the Tenant Improvements as required pursuant to the terms All costs of the Landlord’s Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction in excess of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Landlord Allowance shall be deemed borne by Tenant, and shall be paid to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and Landlord upon the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within within thirty (30) days after Substantial Completion of Core delivery of an invoice and Shell Work and reasonable documentation therefor. Should Landlord not use the Tenant Improvements, full amount of the Landlord Allowance for Landlord’s architect shall calculate and certify in writing Work, Tenant may use such remainder for further improvements to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing or for improvements to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay other space in the commencement or completion Building occupied by Tenant. Should this be the case, any excess Landlord Allowance shall be paid to Tenant within thirty (30) days of written request by Tenant, but not sooner than the Core and Shell Work or the TI Work that results from or arises out of Commencement Date, but in any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; event shall be requested within six (6) failure months of the Commencement Date or forfeited. The Tenant Allowance shall be reimbursed to Tenant upon submission to Landlord of reasonable paid invoices or a statement from Tenant that funds have been spent for preparing and/or renovating the Premises. Tenant shall have the right to select the general contractor used to perform the Landlord’s Work from a list of Landlord approved contractors. Xxxxxxx Construction is deemed to be an approved contractor of Landlord. Landlord’s Work constitutes an Alteration under Article 8. Landlord shall be required as part of Landlord’s Work to obtain all permits, approvals and certificates of occupancy for Tenant to agree operate in the Premises for its Permitted Use. (c) By March 8, 2012, Tenant shall submit to Landlord for any reasonLandlord’s approval, provided working drawings and specifications (herein called “Plans”) for architectural, electrical, mechanical, sprinkler and plumbing work within the Premises and for all other Landlord’s Work proposed by Tenant. After receipt of the Plans, Landlord acts in good faith and diligently shall return to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days, the Plans, marked either “approved”, “approved as noted” or “disapproved”. If they are marked “disapproved”, Landlord shall state the reasons for such disapproval and Tenant shall, or before fifteen (15) days after receipt of such “disapproved” Plans, correct any deficiencies stated by Landlord delivers a draft Budget and acceptable to Tenant and resubmit within ten (10) days corrected Plans to Landlord. The final Plans shall be attached to this Lease as Exhibit “B”. Landlord covenants that the Landlord’s Work in the Premises shall be constructed in such fashion as to comply with the notes disclosed on such Plans. Landlord’s Work shall be performed only in accordance with the Plans, as marked “approved as noted” or any request “approved” by Landlord. (d) Any work performed by Tenant that with any excess Landlord Allowance (“Tenant’s Work”) shall be compliant with the scope following provisions: (i) Tenant shall first obtain the reasonable approval of Landlord of the Tenant Improvements specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications; (ii) The Tenant’s Work shall be modified performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations, and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord; (iii) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the BudgetLandlord’s contractors or subcontractors in the Premises or in the Building generally; (iv) All construction contracts for Tenant’s Work must include language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; or and (7v) delays Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any revision installations or work performed by Landlord’s contractors and subcontractors. Tenant’s Work shall be deemed to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurbe an Alteration under Article 8 hereof.

Premises. Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord, upon the terms and subject to the conditions of this Lease, the Building located at the address specified in the Basic Lease Information (the "Building") together with the adjacent driveways, parking areas (in size sufficient to yield at least 453 parking spaces), sidewalks and landscape areas (collectively, the "Premises"). The approximate configuration and location of the Premises (with is shown on Exhibit A. Landlord and Tenant agree that the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms rentable area of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date Building for any reason whatsoever, then all purposes under this Lease shall not be void or voidablethe Rentable Area specified in the Basic Lease Information, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when provided that within ninety (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (3090) days after Substantial Completion of Core and Shell Work and from the Commencement Date, Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant may have the Rentable Area of the Building verified by a CAD calculation performed by Landlord's architect. In the event that such verification reveals a discrepancy between the measured square footage of the Building as measured by Landlord's architect and the Rentable Area specified in the Basic Lease Information, and Landlord and Tenant are unable to agree upon the Rentable Area of the Premises, an independent architect acceptable to both parties (the cost of which shall be divided equally between Landlord and Tenant) shall measure 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)the standard herein provided. “Tenant Delay” shall mean any delay in the commencement or completion The square footage of the Core and Shell Work or Building as determined by said independent architect shall be the TI Work that results from or arises out of any Rentable Area of the following: (1) delays Building, and within thirty days thereafter the parties shall execute an Addendum to this Lease confirming same and the Base Rent, Tenant's Share of Operating Costs and any other sums due hereunder based in whole or failure in part on the rentable square footage of Tenant to deliver items the Building, and further any necessary payments or reimbursements shall be made by the appropriate party. The Rentable Area of the Building will be calculated in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth American National Standard Method of Measuring Floor Area in this Lease or Office Buildings, ANSI/BOMAA65.1-1996, except that the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined 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 Rentable Area of the work; (6) failure Building shall be computed as if the second floor of Landlord and Tenant to agree (for the Building extended through any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect atrium to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that exterior wall, as if the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occuratrium did not exist.

Premises. Landlord shall endeavor Lessor does hereby lease to tender possession of Lessee and Lessee hereby leases from Lessor space on the Premises first, second, and third floors or that certain "Building" to be constructed by Lessor at 1101 Xxxxx Xxxxxx, Xxx Xxxxxx, Xxxxxxxxxx xxxe particularly described on attached Exhibit A-1 (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever"Real Property"), then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter Improvement Agreement attached hereto as Exhibit G; B (2the "Improvement Agreement"). The Building will consist of approximately 76,600 sq. ft. of rentable area, of which approximately 53,659 sq. ft. of rentable area (all of the second and third floors and approximately 2,100 sq. ft. of rentable area on the ground floor) Tenant’s failure will be included in the Premises. Attached as Exhibit A-2 is a space plan for the building indicating the location of the Premises on each floor. The parties will measure the floor rentable area of the Building and the Premises upon completion of the work anticipated by the Improvement Agreement using the BOMA Z65.1-1996 standard (provided, however that the area of the lobby atrium above the ground floor, the roof deck area, if any, approved by Lessor pursuant to fulfill its obligations as the Improvement Agreement, and those portions of the parking garage of the Building, other than the mechanical rooms that serve the Premises located in the parking garage, shall not be considered in any measurement and further provided that any floor space omitted from the Building for a second/third floor lobby atrium will be included in the floor rentable area calculation). Upon such determination of the rentable area of the Premises and the Building, Lessor and Lessee shall execute an amendment to this Lease setting forth the accurate square footage of the Premises and the Building and the accurate Lessee's proportionate share of common operating expenses. Said Lease is subject to the terms, covenants and conditions herein set forth in and the Lessee covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease or is made upon 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 condition of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursaid performance.