Common use of Repairs and Alterations Clause in Contracts

Repairs and Alterations. 9.01. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the Buildings; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings in general; (c) Common Areas; (d) roof of the Buildings; (e) exterior windows of the Buildings; and (f) elevators serving the Buildings. Landlord shall promptly make repairs for which Landlord is responsible. 9.03. Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Buildings; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 5% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.01. 9.01 Tenant shall promptly provide Landlord with notice of any conditions in within the Premises that are dangerous or in need of maintenance or repair. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear and casualty and condemnation excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 fifteen (15) days after written notice from Landlord (although notice shall not be required in an emergency)) within applicable cure periods pursuant to Article 18 hereof, Landlord may make the repairs, and, within 30 thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which such consent shall not to be unreasonably withheld withheld, conditioned or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 six (6) feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 5% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to ten percent (10%) of the cost of the non-Cosmetic Alterations. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. Landlord agrees not to withhold or delay its consent unreasonably to any Alterations that (i) do not affect base Building systems or the structure of the Building, (ii) are not visible from the outside the Premises, and (iii) would not materially detract from the aesthetic integrity of the Building or its design. Landlord shall not be deemed to have acted unreasonably if it withholds its consent because, in Landlord’s opinion, such work: could affect the safety of the Building or its occupants; would increase Landlord’s cost of repairs, insurance or furnishing services or otherwise adversely affect Landlord’s ability to efficiently operate the Building or furnish services to Tenant or other tenants; involves toxic or hazardous materials; could be costly or hazardous to remove or demolish; requires entry into another tenant’s premises or use of public areas; or is prohibited by any mortgage on the Building. The foregoing reasons, however, shall not be exclusive of the reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. Subject to the foregoing provisions of this Section 9, including, without limitation, Landlord’s prior written approval of all plans and specifications and Tenant’s contractor, Tenant may, at Tenant’s sole cost and expense, install in the Premises a security card access system compatible with the Building’s security card access system. Tenant shall provide Landlord with access cards or codes necessary for access to the Premises by Landlord in connection with the performance of its obligations and/or the exercise of its rights under this Lease.

Repairs and Alterations. 9.01. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. 9.01 Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good the same condition and repairrepair as received, reasonable wear and tear excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03)Alterations; (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenantthe Premises, whether such items are installed by Tenant or are currently existing in the Premises and whether such items are located within or outside of the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 fifteen (15) days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, repairs and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBase Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in generalgeneral (the “Building Systems”); (c) Common Areas; (d) roof of the BuildingsBuilding, including its membrane; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving elevators. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1941 and 1942 of the Buildings. Landlord shall promptly make repairs for which Landlord is responsibleCalifornia Civil Code, or any similar or successor Laws now or hereafter in effect. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements to the Premises or install any Cable within or outside of the Premises (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises; (e) will not create excessive noise or result in the dispersal of odors or debris (including dust or airborne particulate matter); (f) costs less than $50,000.00; and (g) does not require the issuance of a construction permit. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting any work, Tenant shall furnish Landlord with detailed plans and specifications (which shall be in CAD format if requested by Landlord)) prepared by a duly licensed architect or engineer; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building, Building Systems and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in form and amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings (or any successor(s)) as additional insuredsLandlord; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes All changes to the plans and specifications must also be submitted to Landlord for its approval, which approval will not be unreasonably withheld. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Landlord’s consent shall be deemed to have been reasonably withheld if the proposed Alterations could (a) affect any structural component of the Building; (b) be visible from or All otherwise affect any portion of the Building other than the interior of the Premises; (c) affect the Base Building or any Building Systems; (d) result in Landlord being required under any Laws to perform any work that Landlord could otherwise avoid or defer; (e) result in an increase in the demand for utilities or services that Landlord is required to provide (whether to Tenant or to any other tenant in the Building); (f) cause an increase in any Insurance Expenses; (g) result in the disturbance or exposure of, or damage to, any ACM or other Hazardous Material (defined below); or (h) violate or result in a violation of any Law, Rule or requirement under this Lease. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to five percent (5% %) of the cost of the non-Cosmetic Alterations. Landlord may require a deposit of its estimated fees in advance of performing any review. Neither the payment of any such fees or costs, nor the monitoring, administration or control by Landlord of any contractor or any part of the Alterations shall be deemed to constitute any express or implied warranty or representation that any Alteration was properly designed or constructed, nor shall it create any liability on the part of Landlord. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. Upon completioncompletion of any Alteration, Tenant shall (a) furnish Landlord with “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, (b) cause a timely notice of completion affidavits to be recorded in the Office of the Recorder of the county in which the Building is located, in accordance with California Civil Code § 8181 or any successor statute; and (c) deliver to Landlord evidence of full payment and unconditional final lien waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Lawfor all labor, services and materials furnished in connection therewith.

Repairs and Alterations. 9.01. (a) Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. Tenantshall, at its sole cost and expense, shall promptly perform all maintenance and repairs to the Premises that are not Landlord’s 's express responsibility under this Lease, and shall keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations include, without limitation, repairs to: (ai) floor coveringcoverings; (bii) interior partitions; (ciii) doorsinterior doors (including door(s) from Common Areas into the Premises); (div) the interior side of demising walls; (ev) Alterations electronic, phone and data cabling and related equipment (described collectively, "Cable") that is installed by or for the exclusive benefit of Tenant and located in Section 9.03)the Premises or other portions of the Building; (fvi) supplemental any Auxiliary Generator and Fuel Supply (defined below) that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building, (vii) air conditioning units, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; (viii) Tenant's personal property and effects, including without limitation, laboratory benches and trade equipment; (ix) Alterations performed by contractors retained by Tenant, including related HVAC balancing; (x) Tenant duct work or conduits located in chaseways and/or exhaust equipment and systems located within or exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (gxi) electronicall other repairs within the Premises, fiberincluding, phone without limitation, those required to plumbing, mechanical, electrical and data cabling HVAC systems located within or exclusively serving the Premises up to and related equipment that is installed by including the tie-in or for point of connection to the exclusive benefit of Tenant (collectively, “Cable”)base Building systems. All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject performed in accordance with the rules and procedures described in Section 10(c) below. Tenant shall provide customary cleaning and rubbish removal service to the terms of Section 9.03 belowPremises on each business day as required. If Tenant fails to make any repairs to the Premises for which Tenant is responsible hereunder for more than 15 days (or if the repair is of a nature that it can not reasonably be completed within 15 days, fails to exercise efforts to commence the repair within 15 days) after written notice from Landlord (although notice shall not be required in if there is an emergency), Landlord may make the repairs, and, within 30 days after demand, and Tenant shall pay the reasonable cost of the repairsrepairs to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 105% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. (b) Landlord shall keep and maintain in good repair and working order and make repairs to and perform maintenance upon theupon: (ai) structural elements of the BuildingsBuilding; (bii) the base Building Systems including the mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in generalgeneral but excluding those for which Tenant is responsible, such as the tie-ins or point of connection with those systems which are located within or exclusively serving the Premises; (ciii) Common Areas; (div) the roof of the BuildingsBuilding, including the roof membrane; (ev) exterior windows of the BuildingsBuilding and common area doors; and (fvi) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. If Landlord fails to make any repairs to the Premises for which Landlord is responsible hereunder for more than 15 days (or if the repair is of a nature that it can not reasonably be completed within 15 days, fails to exercise efforts to commence the repair within 15 days) after written notice from Tenant (although notice shall not be required if there is an emergency), Tenant may make the repairs, and Landlord shall pay the reasonable cost of the repairs to Tenant within 30 days after receipt of an invoice therefor. 9.03. (c) Tenant shall not make alterations, repairs, additions or improvements to the Premises or install any Cable or any Auxiliary Generator and/or Fuel Supply in the Premises or other portions of the Building (collectively referred to as “"Alterations”") without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Plans and specifications for all Alterations shall be prepared in accordance with and not provide for any exceedance of the capacities of the Building. However, Landlord’s 's consent shall not be required for any Alteration that satisfies satisfied all of the following criteria (a “"Cosmetic Alteration”"): (ai) is of a cosmetic nature such as painting, wallpapering, hanging pictures and and/or installing carpeting; (bii) is not visible from the exterior of the Premises or BuildingsBuilding; (ciii) will not affect the Base Building (defined in Section 5)systems or structure of the Building; and (div) does not require work to be performed inside the walls or at, above or to the ceiling of the Premises. However, even though consent is not required, the performance of Cosmetic Alterations shall be subject to all the other provisions of this Section 9.0310(c). Prior to starting work, including, without limitation, the initial build-out, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by reasonably acceptable to Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building systems and vertical Cableto the roof and Tenant shall be required to utilize Landlord's mechanical, as may electrical and roofing consultants and/or contractors provided (i) the written bid is commercially reasonable and competitive with that of other consultants/contractors, or, (ii) regardless of whether or not the bid is commercially reasonable, if Landlord's mechanical, electrical and roofing consultants and/or contractors are required to be described more fully belowused in order to maintain Landlord's warranty on such Building systems or roof); required copies of contracts; copies of necessary permits and approvals, including certificate of occupancy if applicable; evidence of contractor’s 's and subcontractor’s 's insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings (or any successor(s)) as additional insuredsLandlord; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts that is reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building. Landlord may designate reasonable rules, regulations and procedures for the performance of work in the Building and, to the extent reasonably approved by Landlordnecessary to avoid disruption to the occupants of the Building, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability have the right to perform its obligations hereunderdesignate the time when Alterations may he performed. Except as otherwise set forth herein, Tenant shall reimburse Landlord within 30 days after receipt of an invoice for any reasonable sums paid by Landlord for third party examination of Tenant’s 's plans for non-Cosmetic Alterations. In addition, within 30 days after receipt of an invoice from Landlord, Tenant shall pay Landlord a fee for Landlord’s 's oversight and coordination of any non-Cosmetic Alterations Alterations, other than Initial Alterations, equal to 510% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “"as-built” " plans (in CAD format, if requested by Landlord) except for non-Cosmetic Alterations, completion and Initial Alterations for which Landlord's architect shall provide the as-built plans, affidavits and lien waivers (the payment for which shall come from the Tenant Allowance)), completion affidavits, full and final waivers of lienlien and receipted bills covering all labor and materials. Tenant shall assure that the Alterations comply with all insurance requirements and Laws. Landlord’s 's approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Lawapplicable Laws or will be adequate for Tenant's use. Notwithstanding anything contained herein to the contrary, Tenant may, at Tenant's discretion, install and maintain, in a location that is mutually satisfactory to Landlord and Tenant, an auxiliary generator and/or fuel supply, sufficient to meet Tenant's reasonable needs ("Auxiliary Generator and Fuel Supply"). Tenant shall comply with local ordinances and the provisions of this Section (d) In the event Tenant elects to perform any Alteration (whether pursuant to the expansion right for the Expansion Area granted in this Lease or any request made by Tenant throughout the Term of this Lease) which would cause any one or more of the following two events to occur: (i) an exceedance of the cubic feet per minute ("cfm") for delivery of outside air to Laboratory Area beyond the cfm for delivery of outside air to Laboratory Area designated by Landlord as the minimum standard for the Building, or (ii) an exceedance of the xxxxx per square foot ("we') of demand power beyond the wsf of demand power designated by Landlord as the minimum standard for the Building (such occurrence, a "Significant Laboratory Expansion"), then there will be an increase in the amount of annual Base Rent per rentable square foot of $6.50 over the annual Base Rent per rentable square foot payable from time to time as set forth in Section 1(d) solely with respect to the "Deemed Excess Laboratory Area," as defined below. (Calculations for the determination of any exceedance of cfm for delivery of outside air or wsf of demand power to Laboratory Area shall be made on the basis of the usable square footage of the Laboratory Area as the allowance for each designated by Landlord is on the basis of usable square footage). The Deemed Excess Laboratory Area shall be determined based upon the plans and specifications submitted by Tenant in connection with any proposed Alteration of the Premises on the basis of the greater of the exceedances, if any, of the two events used to determine the occurrence of a Significant Laboratory Expansion as follows: (i) As to an exceedance of cfm for delivery of outside air to Laboratory Area, the percentage that the cfm for all Laboratory Area exceeds the cfm specified by Landlord for Laboratory Area, shall be multiplied by the total rentable square footage of the total Laboratory Area. The product so obtained shall be the amount of the Deemed Excess Laboratory Area; and (ii) As to an exceedance of the wsf of demand power, the percentage that the wsf for demand power for all Laboratory Area exceeds the wsf for demand power specified by Landlord shall be multiplied by the total rentable square footage of the total Laboratory Area. The product so obtained shall be the amount of the Deemed Excess Laboratory Area. For example: Assume the Premises consists of 20,000 rentable square feet ("rsf'), of which 12,000 rsf is Laboratory Area. Assume further that the cfm for delivery of outside air and wsf of demand power for the Premises prior to any alteration are equal to the capacity designated by Landlord. Assume further that the significant Laboratory Expansion occurs due to Tenant converting 4,000 rsf of office space to Laboratory Area. Assuming that the total Laboratory Area exceeds the cfm for delivery of outside air by sixty percent (60%) and it exceeds the wsf for demand power by fifty percent (50%). Applying the methodology set forth above to determine the Deemed Excess Laboratory Area: (i) the cfm exceedance is 60% x 16,000 (the original 12,000 rsf of Laboratory Area, plus the additional Laboratory Area of 4,000 rsf) or 9,600 rentable square feet; and (ii) the wsf exceedance is 50% X 16,000 or 8,000 rentable square feet. Accordingly, the Deemed Excess Laboratory Area is 9,600 rentable square feet and the applicable Base Rent per rentable square feet for 9,600 rentable square feet of Deemed Excess Laboratory Area shall be increased by $6.50 per rentable square feet.

Repairs and Alterations. 9.01. Tenant shall promptly provide Landlord with notice of periodically inspect the Premises to identify any conditions in the Premises that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost and expense, shall promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear and damage by casualty (subject to Article 16 below) excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, restrooms, kitchens, including hot water heaters, plumbing, and similar facilities and other mechanical (including HVAC), electrical, plumbing and fire/life safety systems and equipment exclusively serving Tenant, whether such items are installed by Tenant Tenant, or by Landlord for the benefit of Tenant, or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”)) and (h) window blinds. All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 30 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable reasonable, out-of-pocket cost of the repairs, together with an administrative charge in an amount equal to 10% of the such cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. (a) Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. (b) Notwithstanding anything to the contrary contained herein, if Landlord at any time fails to perform any of its obligations under this Lease to repair and/or maintain the Building (“Unperformed Repair”), Tenant shall give Landlord written notice of the need for such Unperformed Repair. To be valid, any such notice must specifically refer to this Section and must include the words “DEMAND TO CURE DEFAULT – SELF HELP NOTICE” in capital, bold letters at the top of the notice. If Landlord fails to perform or commence to perform and diligently pursue completion of said Unperformed Repair within 20 days following receipt of such notice, Tenant shall be obligated to provide Landlord with an additional 10 day written notice notifying Landlord again of the need for such Unperformed Repair and that Landlord has failed to respond to the 20 day notice. Such additional 10 day notice must state that if Landlord fails to perform or commence to perform and diligently pursue completion of said Unperformed Repair within such 10 day period, Tenant shall have the right to exercise its self-help remedies in accordance with the terms of this Lease. If Landlord fails to perform or commence to perform and diligently pursue completion of such Unperformed Repairs within the applicable time frame, Tenant shall have the right to make such Unperformed Repairs in accordance with all applicable Laws. In the event that Tenant exercises its right of self-help in accordance with the terms and conditions of this Section 9.02(b), Landlord shall reimburse Tenant for the reasonable, out-of-pocket costs incurred by Tenant with respect thereto, together with an administrative charge equal to 10% of the reasonable out-of-pocket cost of the Unperformed Repair performed by Tenant (collectively, the “Repair Reimbursement”), within 30 days after receipt by Landlord of an invoice from Tenant. Any such work Tenant contracts for shall be at competitive rates. Subject to the other terms of this Section 9.02(b) (including the cost limitation), in the event of an emergency resulting from Landlord’s failure to perform its obligations under this Lease, prior to performing such obligation, Tenant shall only be required to give notice such as is practical given the situation (which at least must include oral notice to the property manager) before performing such obligation and Tenant may only take such action as is necessary to remedy the emergency. If Landlord fails timely to reimburse Tenant for any portion of the Repair Reimbursement when due, Tenant shall have the right to provide Landlord with a second notice that the Repair Reimbursement is due. Tenant’s second request shall specifically include the following statement, in capital lettering as follows: “LANDLORD’S FAILURE TO PAY THE REPAIR REIMBURSEMENT WITHIN A PERIOD OF 5 BUSINESS DAYS FOLLOWING THE DATE OF LANDLORD’S RECEIPT OF THIS SECOND REQUEST SHALL ENTITLE TENANT TO OFFSET RENT.” If Landlord fails to pay the Repair Reimbursement to Tenant within such 5 Business Days, then, as Tenant’s sole remedy, Tenant shall have the right to deduct any such unpaid portion of the Repair Reimbursement, together with interest at the Interest Rate, from the next installment(s) of Rent due under this Lease until Tenant has received full credit or otherwise has been fully reimbursed for the unpaid portion of the Repair Reimbursement due to Tenant. Landlord’s payment of the Repair Reimbursement or Tenant’s offset of the Repair Reimbursement if not paid by Landlord shall not prevent Landlord from including the Repair Reimbursement (to the extent actually reimbursed or offset) within Expenses if and to the extent the cost of the repair or maintenance covered by such Repair Reimbursement would otherwise be included in Expenses. 9.03. Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld withheld, conditioned or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building mechanical, electrical, plumbing and fire/life safety systems and equipment serving or designed to serve more than one occupant of the Building (defined in Section 5)the “Common Systems”) or the structure of the Building; and (d) does not require work to be performed inside the walls walls, below the floor or above the ceiling of the Premises or outside of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 5% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.this

Repairs and Alterations. 9.01. 9.01 Tenant shall promptly provide Landlord with notice of any conditions in within the Premises that are dangerous or in need of maintenance or repair. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the interior, non-structural portions of the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding; (g) restrooms located on any floor on which the Premises is located; provided, that with respect to restrooms located within the Premises, Tenant shall be responsible to repair and maintain any Alterations to such restrooms made after the completion of the initial Landlord Work by Landlord; and (h) any Base Building mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general. Landlord shall promptly make repairs for which Landlord is responsible. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable outside of the Premises, in the Building risers, in the Building Common Areas or in the Building electrical closets (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld withheld, conditioned or delayed. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within 10 Business Days following delivery of any request for consent to any Alteration. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord), although such plans and specifications need be supplied to Landlord only if they are necessary for the issuance of required permits or if reasonably deemed necessary by Landlord due to the nature of the work to be performed; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below, provided that the costs quoted by such Landlord designated contractors do not exceed the competitive cost for such services rendered by persons or entities of similar skill, competence and experience, and if the cost of such Landlord designated contractors do exceed the competitive cost for such services, then Tenant shall not be required to use such Landlord designated contractors); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and and, with respect to any Alterations performed by work which costs $500,000.00 or for the benefit of Tenant the cost of which (more when taken together in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical CableCable provided that the costs quoted by such Landlord designated contractors do not exceed the competitive cost for such services rendered by persons or entities of similar skill, competence and experience. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within 5 Business Days following delivery of any request for a change to previously approved plans and specifications. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 52% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) Landlord (although such plans and specifications need be supplied to Landlord only if they are necessary for the issuance of required permits or if reasonably deemed necessary by Landlord due to the nature of the work to be performed), for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.01. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. 9.01 Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition repair and repairworking order, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, cafeterias, including hot water heatersheaters and other equipment in connection therewith, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 days Business Days after written notice from Landlord (although notice shall not be required or, in the case of an emergency, such notice, if any, as shall be practicable given the exigency of the circumstances), Landlord may make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building and the Premises, except those special or supplemental systems (including HVAC systems), and equipment used in generalconnection therewith, and non-Building standard lighting and electrical wiring, installed specifically for Tenant or any other tenants; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows and doors of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding (excluding any elevators installed by Tenant to serve the Premises exclusively). Landlord shall promptly make repairs for which Landlord is responsible. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”, which term shall include the Initial Alterations pursuant to the Work Letter) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Except as expressly set forth below, Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord), except, as respects Cosmetic Alterations Tenant need only furnish Landlord with a reasonably detailed description of the work; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00and, except as respects Cosmetic Alterations, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 510% of the cost total hard costs of the non-Cosmetic AlterationsAlterations (and for purposes of calculating the fee, such cost shall exclude architectural, engineering and permit fees). Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.01. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. 9.01 Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 fifteen (15) days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 thirty (30) days after Landlord’s demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1941 and 1942 of the California Civil Code, or any similar or successor Laws now or hereafter in effect. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises, and (e) is less than $50,000.00. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting any work, Tenant shall furnish Landlord with detailed plans and specifications (which shall be in CAD format if requested by Landlord)) prepared by a duly licensed architect or engineer; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Landlord’s consent shall be deemed to have been reasonably withheld if the proposed Alterations could (a) affect any structural component of the Building; (b) be visible from or otherwise affect any portion of the Building other than the interior of the Premises; (c) affect any Base Building systems; (d) result in Landlord being required under any Laws to perform any work that Landlord could otherwise avoid or defer; (e) result in an increase in the demand for utilities or services that Landlord is required to provide (whether to Tenant or to any other tenant in the Building); (f) cause an increase in any Insurance Expenses; (g) result in the disturbance or exposure of, or damage to, any Hazardous Material (defined below); or (h) violate or result in a violation of any Law, Rule or requirement under this Lease. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 5% ten percent (10%) of the cost of the non-Cosmetic Alterations. Landlord may, in the exercise of its reasonable discretion, require a deposit of its estimated fees in advance of performing any review. Neither the payment of any such fees or costs, nor the monitoring, administration or control by Landlord of any contractor or any part of the Alterations shall be deemed to constitute any express or implied warranty or representation that any Alteration was properly designed or constructed, nor shall it create any liability on the part of Landlord. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. Upon substantial completion of any Alteration, Tenant shall (a) cause a timely notice of completion to be recorded in the Office of the Recorder of the county in which the Building is located, in accordance with California Civil Code §3093 or any successor statute; and (b) deliver to Landlord evidence of full payment and unconditional final lien waivers for all labor, services and materials furnished in connection therewith.

Repairs and Alterations. 9.019.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repairsuch conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1941 and 1942 of the California Civil Code, or any similar or successor Laws now or hereafter in effect. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. , In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 510% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.01. Tenant shall promptly provide Landlord with notice of periodically inspect the Premises to identify any conditions in the Premises that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost and expensecost, shall promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described defined in Section 9.03); (f) supplemental air conditioning units, restrooms, kitchens, including hot water heaters, plumbing, and similar facilities and other mechanical (including HVAC), electrical, plumbing and fire/life safety systems and equipment exclusively serving Tenant, whether such items are installed by Tenant Tenant, or by Landlord for the benefit of Tenant, or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building (collectively, “Cable”)) and (h) window blinds. All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. Landlord shall shall, in a manner consistent with other Class-A office buildings located in the central business district of Austin, Texas, keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding, including structural elements within the Premises; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. 9.03. Tenant shall not make alterations, repairs, additions or improvements improvements, including any Initial Alterations (as defined in Exhibit C), or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building mechanical, electrical, plumbing and fire/life safety systems and equipment serving or designed to serve more than one occupant of the Building (defined in Section 5)the “Common Systems”) or the structure of the Building; and (d) does not require work to be performed inside the walls walls, below the floor or above the ceiling of the Premises or outside of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications reasonably acceptable to Landlord (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and structural alterations, fire/life safety systems, or other Common Systems or vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts and with coverages and waivers of subrogation reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Additional Insureds (or any successor(s)as defined in Section 14) as additional insureds; and with respect insureds (pursuant to any Alterations performed by or the form of additional insured endorsement providing the broadest coverage for the benefit of Tenant the additional insured); and, for Alterations estimated to cost of which (when taken in the aggregate) is greater more than or equal to $100,000.0050,000.00 per project, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall comply with applicable Laws and shall be constructed in a good and workmanlike manner manner, using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system of the Common Systems or Landlord’s ability to perform its obligations hereunder. Tenant shall comply (and shall cause the Tenant Related Parties and their respective contractors and vendors to comply) with Landlord’s reasonable rules, regulations and procedures for the performance of work in the Building and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, Landlord shall have the right to designate the time when Alterations may be performed. Tenant shall not take any action which would cause a work stoppage, picketing, labor disruption or dispute, or interfere with Landlord’s or any other tenant’s or occupant’s business or with the rights and privileges of any person lawfully in the Building. Further, Tenant agrees that the installation, operation or modification of any Data Systems (as previously defined in Section 7.03) installed by or for the benefit of Tenant (“Tenant’s Data Systems”) shall not interfere with the operation, or cause a loss of quality, of any other Data Systems that are installed in or at the Building prior to the installation, or, if applicable, the modification, of such portions of Tenant’s Data Systems that are causing such interference or loss of quality, and if any such interference or loss of quality described in this sentence occurs, Tenant shall eliminate the cause thereof at Tenant’s expense. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 53% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Neither Landlord’s approval of an Alteration or the plans therefor nor Landlord’s coordination or oversight of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Lawapplicable Laws or is structurally sound or adequate for its intended purpose.

Repairs and Alterations. 9.019.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repairsuch conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f1) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All AM repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 fifteen (15) days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and firetire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not not. be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to five percent (5% %) of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.019.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repairsuch conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 fifteen (15) days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; (f) all parking areas, and (fg) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 5% ten percent (10%) of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.019.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repairsuch conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear and damage by Casualty (subject to the terms of Section 16) and condemnation (subject to the terms of Section 17) excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the PremisesPremises but not including any components that are Landlord’s express responsibility; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building and the Common Areas in general; (c) Common Areas; (d) roof of the BuildingsBuilding and roof membrane; (e) exterior windows of the BuildingsBuilding and exterior demising walls; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld withheld, conditioned or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord), although such plans and specifications need be supplied to Landlord only if they are necessary for the issuance of required permits or if reasonably deemed necessary by Landlord due to the nature of the work to be performed; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 57% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.01. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. 10.01 Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear tear, damage by fire or other casualty, damage caused by Landlord or another tenant, and taking by eminent domain excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.0310.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving TenantTenant and located entirely within the Premises, whether such items are installed by Tenant or are currently existing in the PremisesPremises (and the Generator and Related Equipment shall also be governed by Section 32 and the Dishes/Antennae shall also be governed by Section 33); and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, Generator and Related Equipment and Dishes/Antennae, shall be subject to the terms of Section 9.03 10.03 below. If Tenant fails to make any repairs to the Premises for more than 15 fifteen (15) days after written notice from Landlord Landlord, plus such additional time up to ninety (90) days as is necessary as long as Tenant diligently pursues any such repair (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 105% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 10.02 Landlord shall keep and maintain in good repair and working order in compliance with all Law and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in generalgeneral (excluding any portion of the Initial Alterations or any other Alterations); (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. If Landlord shall default in the performance of any covenant on Landlord’s part to be performed under this Lease for any reason other than Force Majeure, and fails to commence to cure the same within thirty (30) days after written notice given by Tenant or fails to diligently pursue such cure, then Tenant may perform the same for the account of Landlord, and in the case of emergency situations, Tenant shall not be required to provide notice and an opportunity to cure. Any such performance by Tenant shall not impact Tenant’s right to avail itself of all rights and remedies at Law and in equity with respect to Landlord’s default aforesaid. 9.03. 10.03 Tenant shall not make alterations, repairs, additions or improvements improvements, including without limitation, the Initial Alterations, or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld withheld, conditioned or delayeddelayed for more than five (5) Business Days, and Landlord shall provide detailed reasons for withholding approval where applicable. In no event shall furniture be considered Alterations; however, movable or demountable partitions that could affect fire suppression distribution shall be considered Alterations. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is either (i) of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpetingcarpeting or (ii) expected to cost less than $200,000 in any single instance or (iii) constitutes the installation, repair or removal of low voltage cabling that is internal to the Premises; (b) is not visible from either the exterior of the Premises or Buildingsthe exterior of the Building; (c) will not materially affect the Base Building (defined in Section 56); and (d) does not require work to be performed inside the walls or above the ceiling of the PremisesPremises (except with respect to internal low voltage cabling only as aforesaid), and (e) follows all Building Rules and Regulations, including but not limited to: providing adequate notification to building management of the scope and schedule; the scheduling of freight and loading dock personnel; and the possibility of performing said work outside of regular building business hours based on the determination of property management if they so determine that said work will adversely affect the normal operations of the building including vendor access and noise. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.0310.03 except that Tenant shall not be required to remove Cosmetic Alterations at the Termination Date unless required pursuant to Section 9 for telecommunications cabling only. Prior to starting work, except in connection with Cosmetic Alterations, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if reasonably requested by Landlord); except in connection with Cosmetic Alterations, names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical CableCable running between floors of the Building, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds. Tenant may designate a general contractor or construction manager other than Landlord or Landlord’s designee, which, for non-Cosmetic Alterations shall be subject to the approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; and with respect provided, however, that Landlord shall have the right to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes Material changes to the plans and specifications must also be submitted to Landlord for its approvalapproval (which shall be granted or withheld as provided herein). Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Except with respect to the Initial Alterations, Tenant shall reimburse Landlord for any reasonable out of pocket sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, if, at Tenant’s request, Landlord serves as the general contractor or construction manager with respect to any non-Cosmetic Alterations, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any such non-Cosmetic Alterations equal to an agreed upon percentage (not to exceed 5% %) of the cost of the such non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.01. 9.01 Tenant shall promptly provide Landlord with notice of any conditions in the Premises of which Tenant is aware that are dangerous or in need of maintenance or repair. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and other similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may may, upon a second 2 Business Day notice (except in an emergency as aforesaid) make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 105% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, . 9.02 Landlord shall not exercise its right to make such deliver the Premises, including all Base Building systems serving the Premises, in good working order and repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. Landlord shall keep and maintain or shall cause to be kept and maintained in good repair and working order and perform maintenance upon upon, and repair and replace as necessary the: (a) structural elements of the BuildingsBuilding, including the foundation, floors, walls and all other structural elements thereof; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building, in generalgeneral except to the extent installed by or for the benefit of Tenant and servicing only the Premises; (c) Common AreasAreas of the Property and the Park; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding; and (g) the Parking Facility. Landlord shall promptly make repairs for which Landlord is responsible. Landlord shall further maintain, repair and replace, as necessary, the exterior Common Areas of the Building, remove snow, ice and debris from all driveways, parking lots, sidewalks and entrances, pave and repave the parking lots, driveways and other paved areas of the Common Areas, and maintain exterior lighting consistent with applicable Laws in the parking lots and entrances of the Building. Landlord shall further cause the roads, driveways and walkways located within the Park to be in good condition and repair, free from snow, ice and debris (to the extent reasonably practical), so as to permit access by Tenant and all Tenant Related Parties to the Building and the Parking Facility. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpetingdoes not cost more than $25,000.00 in the aggregate; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to work which may effect the structural portion of the Base Building and vertical Cable, as may be described more fully belowor any Base Building systems); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Landlord shall either grant or deny any approval requested by Tenant under this Section 9.03 within 10 Business Days after its receipt of Tenant’s written request for such approval, which request must include the items (or a reasonably detailed description of same — e.g., the quality of materials to be approved by Landlord) to be reviewed and approved by Landlord (such items specifically identified by Tenant in such manner are referred to as the “Alteration Approval Items”). If Landlord fails to either approve or disapprove any Alteration Approval Items requested by Tenant within the 10 Business Day period set forth above, Tenant shall have the right to provide Landlord with a second request for Landlord to either approve or disapprove any Alteration Approval Items requested by Tenant. Tenant’s second request for Landlord to either approve or disapprove any Alteration Approval Items requested by Tenant must specifically state that Landlord’s failure to respond within a period of 3 Business Days shall be deemed to be an approval by Landlord. If Landlord’s failure to respond continues for 3 Business Days after its receipt of the second request for Landlord to either approve or disapprove any Alteration Approval Items for which Tenant has submitted a second request, then such Alteration Approval Items shall be deemed to have been approved by Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, if Landlord is performing the construction management services in connection with such Alterations, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 52% of the cost of the non-Cosmetic Alterations. However, if Tenant is performing the construction management services in connection with such Alterations, Tenant shall instead reimburse Landlord for the commercially reasonable costs actually incurred by Landlord to review Tenant’s plans and oversee the construction of the Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.018.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair, but Tenant’s failure to discover and thereafter report any latent or non-obvious conditions shall not be a breach of this Lease. Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repairsuch conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in as good condition and repairrepair as on the Rent Commencement Date, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.038.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 8.03 below. If Tenant fails to make any repairs to the Premises for more than 15 fifteen (15) days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% three percent (3%) of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 8.02 Landlord shall keep and maintain in good repair and working order and in compliance with applicable Laws and perform maintenance upon thethe Base Building. As used herein “Base Building” shall include: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. 9.03. Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Buildings; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations There shall be subject to at least one elevator in service at all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken times except in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal case of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 5% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Lawemergency.

Repairs and Alterations. 9.01. 9.01 Tenant shall promptly provide Landlord with notice of periodically inspect the Premises to identify any conditions in the Premises that are dangerous or in need of maintenance or repair. TenantTenant shall provide Landlord with notice in a timely manner of any conditions with respect to the Premises that are dangerous or which (a) are in need of repair or maintenance by Landlord (and Landlord is obligated to perform such repair pursuant to the terms of this Lease), or (b) are in need of repair and maintenance of a material nature. Tenant shall, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors; (f) supplemental air conditioning units, kitchens, including that involving Cablehot water heaters, shall be subject plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations. In addition and notwithstanding anything to the terms of contrary contain in Section 9.03 9.02 below. If , if Tenant fails to make any repairs to is the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, Sole Tenant shall pay the reasonable cost of the repairsBuilding, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing obligations shall also include, without limitation, the same to completion. 9.02. Landlord shall keep and maintain in good repair and working order and perform maintenance upon thefollowing: (a) structural elements of the Buildings; (b1) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general (including any equipment related thereto and located upon the roof of the Building); and (2) the interior Common Areas of the Building (Landlord shall maintain the exterior Common Areas of the Building in accordance with its obligations as provided in Section 9.02 below). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (other than reasonable wear and tear). If Tenant fails to commence any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and diligently prosecute the same to completion, Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs. Tenant shall have no obligation to maintain the structural elements of the Building. Notwithstanding anything to the contrary set forth herein, and except to the extent caused by Tenant or any of the Tenant Related Parties’ acts and/or omissions, including any Alterations performed by or on behalf of Tenant, or as a result of a Casualty (in which case Section 16 shall control), so long as Tenant is the Sole Tenant of the Building, to the extent Landlord is made aware and Landlord determines in its sole discretion that any capital improvement (as distinguished from replacement parts or components installed in the ordinary course of business) must be made to properly repair, maintain, or replace any portion of the Premises for which Tenant is responsible, Landlord shall cause such work to be completed and Tenant shall pay the amortized portion of such expenditure in the manner described for capital expenses as set forth in Exhibit B to this Lease. Tenant shall be responsible for paying amortized amounts due during the Term and any extension thereof. If Tenant is the Sole Tenant of the Building Tenant, at Tenant’s own expense, shall procure and maintain in full force and effect, a maintenance/service contract(s) (the “Service Contract”), in a form and with a maintenance contractor approved by Landlord, providing for the service, maintenance and repair of all (i) heating, ventilating and air conditioning systems and equipment, (ii) fire/life safety systems and equipment, and (iii) if reasonably required by Landlord, any other plumbing, electrical or mechanical systems and equipment serving the Building. The service contract(s) must include all services suggested by the equipment manufacturer within the operation/maintenance manual relating to such equipment and systems and must become effective and a copy thereof delivered to Landlord within 45 days after the Commencement Date with respect to items (i) and (ii) above, or within 30 days after requested by Landlord with respect to item (iii) above. Tenant shall follow all reasonable recommendations of said contractor for the maintenance and repair of the equipment and systems covered by the Service Contract. The Service Contract shall provide that the contractor shall perform regularly scheduled inspections, preventative maintenance and service on the covered equipment and systems, and that having made such inspections, said contractor shall furnish a complete report of any defective conditions found to be existing with respect to such equipment, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead. 9.02 Landlord shall keep and maintain in good repair and working order and watertight and perform maintenance upon the: (a) structural elements of the Building (including the foundations, exterior walls, sub-flooring and support beams); (b) except to the extent the same is a Tenant obligation when Tenant is the Sole Tenant of the Building as such obligations are described in Section 9.01 above, mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding (including downspouts and gutters); (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1941 and 1942 of the California Civil Code, or any similar or successor Laws now or hereinafter in effect. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Landlord shall use reasonable efforts to respond to any such request by Tenant within 10 Business Days, but in any event shall respond to such request within 12 Business Days, in each case following Landlord’s receipt of any plans and specifications and other information or items required pursuant to this Section with respect to such Alteration. Notwithstanding the foregoing, Tenant shall have the right, without consent of, but upon at least 10 Business Days’ prior written notice to Landlord, to make non-structural, non-Cosmetic Alterations (defined below) within the interior of the Premises, which do not impair the value of the Building or affect the Building systems, and which cost, in the aggregate, less than $5,000.00 in any 12 month period during the Term of this Lease, provided that such Alterations shall nevertheless be subject to all of the remaining requirements of this Section 9.03 other than the requirement of Landlord’s prior consent. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5)Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord)specifications; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully belowBuilding); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and as an additional insured; and, to the managing agent for extent the Buildings (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the estimated cost of which (when taken in the aggregate) is greater than or equal to such Alterations exceeds $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 5% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.

Repairs and Alterations. 9.01. 9.01 Tenant shall promptly provide Landlord with notice of any conditions in the Premises that are dangerous or in need of maintenance or repair. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear and damage by Casualty (subject to the terms of Section 16) excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If Tenant fails to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 107% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. 9.02. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the BuildingsBuilding; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings Building in general; (c) Common Areas; (d) roof of the BuildingsBuilding; (e) exterior windows of the BuildingsBuilding; and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs for which Landlord is responsible. 9.03. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld withheld, conditioned or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or BuildingsBuilding; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord)) although such plans and specifications need be supplied to Landlord only if they are necessary for the issuance of required permits or if reasonably deemed necessary by Landlord due to the nature of the work to be performed; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord and the managing agent for the Buildings Building (or any successor(s)) as additional insureds; and with respect to any Alterations performed by or for the benefit of Tenant the cost of which (when taken in the aggregate) is greater than or equal to $100,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Landlord shall either grant or deny any approval requested by Tenant under this Section 9.03 within 10 Business Days after its receipt of Tenant’s written request for such approval, which request must include the items (or a reasonably detailed description of same - e.g., the quality of materials to be approved by Landlord) to be reviewed and approved by Landlord (such items specifically identified by Tenant in such manner are referred to as the “Alteration Approval Items”). If Landlord fails to either approve or disapprove any Alteration Approval Items requested by Tenant within the 10 Business Day period set forth above, Tenant shall have the right to provide Landlord with a second request for Landlord to either approve or disapprove any Alteration Approval Items requested by Tenant. Tenant’s second request for Landlord to either approve or disapprove any Alteration Approval Items requested by Tenant must specifically state that Landlord’s failure to respond within a period of 10 Business Days shall be deemed to be an approval by Landlord. If Landlord’s failure to respond continues for 10 Business Days after its receipt of the second request for Landlord to either approve or disapprove any Alteration Approval Items for which Tenant has submitted a second request, then such Alteration Approval Items shall be deemed to have been approved by Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations (other than the Initial Alterations) equal to 5% of the cost of the non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.