Common use of Roof Equipment Clause in Contracts

Roof Equipment. If Tenant desires to use the roof of the Project to install communication equipment or condensers for the Supplemental Units on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right to require Tenant to relocate the Roof Equipment at any time to another location on the roof of the Project reasonably approved by Tenant at Landlord’s expense. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment shall be governed by the following terms and conditions:

Roof Equipment. If Subject to the provisions of this Lease, Tenant desires may, at its sole cost, install, maintain, and from time to use time replace a telecommunications dish antenna or other related equipment on the roof roofs of the Project to install communication equipment or condensers for the Supplemental Units on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae Buildings (collectively, “Communication Roof Equipment”) no greater than one in locations selected by Tenant and reasonably acceptable to Landlord for Tenant’s own communication purposely use only; provided, however, that (1i) meter in diameterTenant shall obtain Landlord’s prior written approval with respect to the installation of such Roof Equipment which approval shall not be unreasonably withheld, together conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with aesthetic screening designated any reasonable requirements imposed by Landlord and all cableLegal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, wiring(iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals(iv) Tenant shall remove, at a location on its expense, at the roof expiration or earlier termination of the Project designated by Landlordthis Lease, any Roof Equipment which Landlord requires to be removed. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right to require supervise any roof penetration. Tenant may not access the roof without a representative of Landlord (who shall be reasonably available) being present. Tenant shall repair any damage to relocate the Buildings caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant shall remove any Roof Equipment at any time to another location on the roof its cost upon expiration or termination of the Project reasonably approved by Tenant at Landlord’s expenseLease. Tenant shall retain Landlord’s designated roofing contractor install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to make any necessary penetrations and associated repairs to damage or interfere with the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Buildings. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment Equipment. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that, Landlord shall be governed by have the following terms right, at no cost whatsoever to Tenant during the Term, to install, maintain, repair and conditions:remove solar rooftop photo voltaic systems (“Solar Roof Systems”) on the roofs of one or more of the Buildings at any time during the Term, in locations acceptable to Landlord, in its reasonable discretion. Landlord and Tenant shall cooperate to minimize any potential adverse impact that such Solar Roof Systems may have on Tenant’s rights under this Lease (including, but not limited to, Tenant’s use of the Premises).

Roof Equipment. If Section 36.01 Landlord understands that Tenant desires to will require: (i) communications services in connection with the operation of Tenant’s business which would necessitate the construction, installation, operation and use by Tenant of a communication microwave dish or antenna, together with related equipment, mountings and supports (collectively, the roof “Antenna”); and (ii) the use of other equipment necessary for Tenant’s operations within the Project to install communication equipment or condensers for the Supplemental Units Premises (“Infrastructure”), all on the roof of the Project Building, together with access (by means of one (1 two-inch (2”) conduit to be used from installed in accordance with the provisions of this Article 26) between the Roof and the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, Building rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. The condensers for the Supplemental Units Antenna and the Communication Equipment may be Infrastructure are collectively referred to herein as the the, “Roof Equipment.” ”. Landlord shall have the right will make available to require Tenant to relocate roof space for the Roof Equipment at in locations as reasonably determined by Landlord and reasonably acceptable to Tenant. Landlord shall not be obligated to provide any time roof space for any Roof Equipment to another the extent the amount of Roof Space required would be detrimental (in Landlord’s sole but reasonable discretion) to the Building’s structure and its systems. The electricity used by the Roof Equipment shall be measured by a separate meter, the cost of which electricity shall be borne by Tenant. All Roof Equipment shall be subject to Landlord’s approval and the location on the roof of the Project reasonably approved by Tenant at required pathways for the Roof Equipment will be subject to Landlord’s expenseapproval, such approvals not to be unreasonably withheld, conditioned or delayed. In connection therewith, Landlord will make available to Tenant shall retain Landlord’s designated roofing contractor non-exclusive access (subject to make any necessary penetrations Building rules and associated repairs regulations) to the roof in order to preserve Landlord’s roof warrantyfor the construction, installation, maintenance, repair, operation and use of the Roof Equipment. Tenant’s The installation and operation of the Roof Equipment shall constitute a Tenant’s Change and shall be governed performed in accordance with and subject to the provisions of this Lease and the Roof Equipment shall for all purposes remain Tenant’s property. All of the provisions of this Lease with respect to Tenant’s obligations hereunder shall apply to the installation, use and maintenance of the Roof Equipment, including without limitation, provisions relating to Tenant’s Changes, compliance with all legal requirements and the Building rules and regulations and insurance, indemnity, repair, replacement and maintenance obligations. Without limiting the foregoing, if the installation of the Roof Equipment requires any other Tenant’s Changes in compliance with any applicable Requirements, then such Tenant’s Changes shall be performed by the following terms and conditions:Tenant at its sole expense.

Roof Equipment. If Tenant desires to use the roof of the Project to install communication equipment or condensers for the Supplemental Units on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right to require Tenant to relocate use its prorata share of the Roof Equipment at any time to another location available area on the roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Project reasonably approved by Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant at Landlord’s expenseshall remove its Equipment from such area and repair any damage caused thereby. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs also have the right, subject to the roof provisions of Article 5, to install in order the Building core area, risers, ducts, conduits or other facilities, necessary to preserve connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord’s roof warranty. Tenant shall cause the Equipment to be covered under Tenant’s installation 's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Roof Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment shall be governed by the following terms and conditions:wiring, including any required replacements thereof.

Roof Equipment. If It is understood by Landlord that Tenant desires to use the roof of the Project may desire to install communication equipment or condensers for two satellite dishes and a microwave relay station antenna (the Supplemental Units "Roof Equipment") on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, Building for the purpose of transmitting and receiving aerial transmissions. At least thirty (30) days prior to the time that Tenant contemplates installation of the Roof Equipment, Tenant shall deliver to Landlord detailed specifications for the Roof Equipment, and sending radio, television, computer, telephone or other communication signals, at Landlord and Tenant shall use their reasonable efforts to determine and agree to a location on the roof of the Project designated Building where, and a method by which, the Roof Equipment can be installed by Tenant (but at no cost or expense to Landlord) without, in the reasonable judgment of Landlord and the design architect of the Building (which judgment shall not be unreasonably withheld or delayed), interfering with or impeding the operations of Landlord or the operations of any present tenant of the Building at the time the Roof Equipment is installed, or requiring any design or other changes to the Building. The condensers At such time as the location and installation method are thus determined and agreed, Tenant, at its sole cost and expense, may install such Roof Equipment at the location and in the manner agreed by Landlord and Tenant at such time as Landlord shall reasonably designate (it being understood and agreed that Landlord hereby represents and warrants that Landlord shall reserve at all times during the Term of the Lease space sufficient on the Roof to install the Roof Equipment of the kinds and types customarily installed by communication companies with communications requirements comparable to Tenant's). If the agreed location for the Supplemental Units Roof Equipment is in such a position that the Roof Equipment will be visible from the ground, Landlord may require that Tenant, at Tenant's expense, provide, install and maintain an appropriate screen around the Roof Equipment. Tenant shall cause the installation of the Roof Equipment and any screen to be conducted in a good, workmanlike and lien-free manner that will not interfere with or impede the operation of the Building and the Communication conduct of business by other tenants of the Building. Tenant shall perform such installation, and shall at all times maintain and operate the Roof Equipment in such a manner as to always be in compliance with all applicable governmental codes, statutes, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies, and shall obtain such licenses or permits as may be collectively referred required by applicable law. Landlord makes no warranties whatsoever as to herein as the “permissibility of, or the ability to obtain licenses or permits with respect to, the Roof Equipment.” . Prior to installation of the Roof Equipment and throughout the Lease Term upon Landlord's request, Tenant shall provide Landlord with documentation (i) evidencing that Tenant has entered into an appropriate contract for the regular maintenance and monitoring of the Roof Equipment, and (ii) confirming that Tenant's liability insurance as required under Paragraph 12 of this Lease covers all of Tenant's activities in installing, maintaining and operating the Roof Equipment. Tenant agrees that it shall pay Landlord as additional Rent the sum of $1,200.00 per year for each satellite dish comprising a portion of the Roof Equipment installed pursuant to the provisions of this Special Stipulation, and $1,000.00 per year for the microwave relay station antenna comprising the balance of such Roof Equipment. Landlord shall have incur no cost or expense related to or arising out of the right Roof Equipment or the purchase, installation, maintenance, repair or operation of the Roof Equipment, Tenant agreeing to require pay all of same. Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any and all loss, cost, damage and liability incurred by Landlord arising out of or related to the Roof Equipment or Tenant's purchase, installation, maintenance, repair or operation of the Roof Equipment. If at any time during the term of this Lease after the initial installation of the Roof Equipment, Landlord determines that the location or operation of the Roof Equipment impedes the operation of the Building or impedes the operations of any tenant (other than any Tenant in the Building prior to the date hereof which Tenant hereby covenants not to disturb through the use of the Roof Equipment) or proposed tenant of the Building, then Landlord, at Landlord's expense (and without disruption or interruption of the operation of the Rooftop Equipment during any period of relocation without Tenant's consent, which consent shall be provided at reasonable times upon reasonable notice), may relocate the Roof Equipment at any time to another location on the roof which location shall be subject to Tenant's reasonable approval. In addition, Tenant hereby recognizes, understands and agrees that Landlord is entitled to install for its own account, or permit the installation by other tenants or persons, other antenna and telecommunication facilities on the roof of the Project reasonably approved by Tenant at Landlord’s expense. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to Building without Tenant's approval or consent after the roof in order to preserve Landlord’s roof warranty. Tenant’s date hereof so long as the installation and and/or operation of such antenna or other telecommunications equipment will not unreasonably interfere with the operation of Tenant's Roof Equipment. At the end of the Lease Term, Tenant, at Tenant's sole cost and expense, shall remove the Roof Equipment from the Building, and shall be governed by restore the following terms and conditions:roof of the Building to its condition as of the Commencement Date.

Roof Equipment. If Subject to the provisions of this Lease, Tenant desires may, at its sole cost, install, maintain, and from time to use the roof time replace a communication dish weighing up to 50 pounds and having a diameter or height of the Project up to install communication 20 inches and other related equipment or condensers for the Supplemental Units on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae Building (collectively, “Communication Roof Equipment”) no greater than one in a location reasonably selected by Tenant and reasonably acceptable to Landlord for Tenant’s own communication purposes only; provided, however, that (1i) meter in diameterTenant shall obtain Landlord’s prior written approval with respect to the method of installation of such Roof Equipment which approval shall not be unreasonably withheld, together conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with aesthetic screening designated any reasonable requirements imposed by Landlord and all cableapplicable Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals(iii) Tenant shall remove, at a location on its expense, at the roof expiration or earlier termination of the Project designated by Landlordthis Lease, any Roof Equipment which Landlord requires to be removed. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right to require supervise any roof penetration. Tenant may not access the roof without a representative of Landlord (who shall be reasonably available) being present. Tenant shall repair any damage to relocate the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant shall remove any Roof Equipment at its cost upon expiration or termination of the Lease. Tenant shall install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to damage or interfere with the operation of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Landlord agrees that it will not allow any rooftop user after Tenant’s installation of the Roof Equipment at any time to another location install equipment on the roof on the Building which unreasonably interferes with Tenant’s Roof Equipment. Except for the costs and expenses specifically provided for in this Section 43, there will be no additional rental or similar charge for Tenant’s use of the roof for the Roof Equipment. Notwithstanding anything to the contrary contained herein, if Landlord and Tenant mutually agree to do so, Landlord shall have the right, to install, maintain, repair and remove solar rooftop photo voltaic systems on the roof of the Project reasonably approved by Building (“Solar Roof Systems”) at any time during the Term, in locations acceptable to Landlord, in its reasonable discretion. The initial cost to install the Solar Roof Systems shall be split 50/50 between Landlord and Tenant at and Landlord’s expense50% share of such initial costs shall not be included as part of Operating Expenses. If the decision to install the Solar Roof Systems is made prior to the completion of the Preliminary Drawings (as defined in the Work Letter), Tenant shall have the right to use the TI Allowance to pay for Tenant’s share of the cost of the Solar Roof Systems. The cost to operate, repair and maintain the Solar Roof Systems shall be included in Building Operating Expenses. Landlord will install any Solar Roof Systems in a manner which ensures that the structural integrity of the roof is maintained and the roof remains water tight, and Landlord will repair any damage caused by the installation of the Solar Roof Systems at its sole cost. Any installation will be performed in a manner that minimizes interference with Tenant’s use and business operations in the Premises. Tenant shall retain Landlord’s designated roofing contractor will have the right to make use the power generated by such Solar Roof Systems for its operations in the Premises, and any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment shall excess power may be governed sold or used by the following terms and conditions:Landlord as it deems appropriate.

Roof Equipment. If Tenant desires Tenant, at its sole cost and expense and subject to use all applicable laws, codes and regulations and the roof provisions of the Project to this Section 2.7, may install communication equipment or condensers for the Supplemental Units on the roof of the Project to be used from Building and operate during the Premisesterm antennae and other communications equipment, Tenant may so notify Landlord in writing supplemental HVAC equipment and other roof-top equipment serving the Premises (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated of the type customarily installed on the roofs of first-class buildings comparable to the Building by Landlord tenants occupying premises therein and all cable, wiring, conduits and related equipment, used exclusively for uses substantially the purpose same as the Permitted Uses; provided that the aggregate amount of receiving and sending radio, television, computer, telephone or other communication signals, at a location space on the roof (on a per square foot basis) that may be used by Tenant for its Roof Equipment shall not exceed Tenant’s Percentage of the Project total amount of space on the roof that is available for the roof equipment of all tenants of rentable areas of the Building, as reasonably determined by Landlord, and that the location of Tenant’s Roof Equipment shall be reasonably designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord Tenant also shall have the right to require Tenant to relocate the run cables, piping and lines (“Lines”) from its Roof Equipment at any time to another location on the Premises using the common shafts, chases, risers and conduits of the Building intended for such purpose to the extent that the same may be available after meeting Landlord’s reasonable requirements for the Building. Landlord makes no representations, express or implied, that the roof of the Project reasonably approved by Tenant at Building is suitable for the installation or operation of any Roof Equipment. All Roof Equipment shall be subject to Landlord’s expenseapproval, which shall not be unreasonably withheld or delayed. The design and installation of Tenant’s Roof Equipment shall be performed in accordance with Section 6.2.5 and Exhibit C, any requirements of Landlord’s insurance carrier(s), and all other applicable provisions of this Lease. Tenant agrees that Landlord may require Tenant to paint Tenant’s Roof Equipment in a color selected by Landlord, in addition to any requirements imposed by applicable law or governmental authority. Landlord shall retain Landlord’s designated roofing contractor have no obligation to furnish any utilities or services to the Roof Equipment or to make any necessary alterations, repairs or replacements to any portion of the Building or Property in order to accommodate the installation or operation of any Roof Equipment. All electricity and other utilities required to operate the Roof Equipment shall be either separately metered or submetered, as Landlord determines, and Tenant shall pay the costs of such utilities, as measured by such meter(s) or submeter(s) to Landlord, as Additional Rent, or directly to the utility supplier, as applicable. Tenant agrees that it shall be required, at is sole cost and expense, to perform any roof reinforcement reasonably required by Landlord to accommodate the weight of any Roof Equipment on the Building roof. Under no circumstances shall Tenant make any roof penetrations and associated repairs other than as expressly approved by Landlord in writing in advance, which approval shall not be unreasonably withheld or delayed provided such requested penetrations shall not adversely affect the integrity or weather-tightness of the roof or roof membrane or void or limit any warranties or guaranties with respect to the roof or roof membrane. During the term, Tenant shall, at its sole cost and expense, perform all repairs and maintenance to the Roof Equipment and Lines necessary to keep the same in order good working order, appearance and condition, reasonable use and wear thereof excepted, and Tenant shall promptly repair any damage to preserve Landlord’s roof warranty. Tenant’s the Building or Property caused by the installation and or operation of the Roof Equipment or Lines. Tenant shall operate its Roof Equipment in compliance with all applicable legal requirements. Tenant shall not relocate or modify any of the Roof Equipment or Lines without, in each instance, obtaining Landlord’s prior written approval to such relocation or modification which shall not be unreasonably withheld or delayed. All Roof Equipment installed by Tenant on the Building roof shall service the Premises only, and Tenant shall not permit any other person or firm to make use of any such Roof Equipment. Unless Landlord shall agree otherwise in writing, Tenant shall, prior to the expiration or earlier termination of the term of this Lease, remove all of its Roof Equipment and all Lines, repair any damage caused by such removal, and restore the portion of the roof where the Roof Equipment was installed to a condition substantially the same as existed prior to the installation of the Roof Equipment. The provisions of Section 6.1.9 shall apply to any area affected hereby as if it were part of the Premises. At Tenant’s written request made at the time Tenant requests Landlord’s approval of any Roof Equipment, Landlord shall advise Tenant whether Tenant may leave such Roof Equipment in place at the expiration or earlier termination of the term. Landlord reserves the right, upon reasonable notice to Tenant, to require Tenant to relocate all or any of the Roof Equipment to another portion of the roof reasonably designated by Landlord (i) at Tenant’s sole cost and expense, if such relocation is necessary for Landlord to perform any repairs, renovations, improvements or additions to the Building or Property, or (ii) at Landlord’s sole cost and expense if Landlord requires the relocation of the Roof Equipment for any reason other than as specified in the preceding clause (i). Tenant shall be governed entitled to obtain access to the Roof Equipment both during and outside of Normal Building Operating Hours (as defined in the Rules and Regulations), but only if Tenant shall have given Landlord reasonable advance notice of the need therefor if practical, and if not practical, Tenant shall give notice thereof promptly thereafter. Tenant shall not allow any antennae or other Roof Equipment installed by Tenant to interfere with any equipment installed or operating in or from the following terms and conditions:Building as of the date Tenant commences operation of, or shall subsequently modify, such Roof Equipment. If Landlord determines that any of Tenant’s Roof Equipment interferes any such pre-existing equipment, Landlord may require Tenant to discontinue operation of such Roof Equipment until such time as it may be operated without causing such interference.

Roof Equipment. If Provided that this Lease is then in full force and effect and Tenant desires is not then in default under this Lease beyond any applicable notice and cure period, Tenant shall be permitted, subject to use the roof of the Project approval by all applicable governmental authorities, to install communication equipment install, maintain, replace and operate antennae, security equipment, satellite dish or condensers for the Supplemental Units dishes on the roof of the Project to be used from Building (collectively, the Premises, Tenant may so notify Landlord in writing (“Roof Equipment NoticeEquipment”), which including all Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location currently located on the roof of the Project designated by Landlord. The condensers for Building, the Supplemental Units size, weight and the Communication Equipment may precise location of which shall be collectively referred subject to herein as the “Roof Equipment.” Landlord shall have the right to require Tenant to relocate the Roof Equipment at any time to another location on the roof of the Project reasonably approved by Tenant at Landlord’s prior written approval not to be unreasonably withheld, conditioned or delayed, and pursuant to plans, all of which have been approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), at Tenant’s sole cost and expense. Tenant shall retain obtain Landlord’s designated roofing contractor prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, to make any necessary roof penetrations and associated repairs to the roof in order to preserve any such penetrations permitted by Landlord shall be performed by Landlord’s roof warranty. contractors at Tenant’s installation expense. The installation, maintenance and operation of the Roof Equipment shall be governed in accordance with the provisions of this Lease and shall be performed at Tenant’s sole cost and expense. Tenant will ensure that the Roof Equipment, and each part of them, will be installed by licensed contractors in accordance with all federal, state and local rules and building codes. Tenant will obtain, at its sole cost and expense, all Federal Communications Commission and other licenses or approvals required to install and operate the following terms Roof Equipment and conditions:shall repair any and all damage to the Project (including, but not limited to, the roof of the Building) caused as a result of Tenant’s installation of the Roof Equipment. The Roof Equipment is and shall remain the property of Tenant or Tenant’s assignee, transferee or sublessee, and Landlord and Tenant agree that the Roof Equipment is not, and installation of the Roof Equipment at the Project shall not cause the Roof Equipment to become, a fixture pursuant to this Lease or by operation of law. Tenant shall not be entitled to receive any income from any third-party individual or entity for the use of the Roof Equipment. Tenant shall be responsible for the operation, repair and maintenance of the Roof Equipment during the Term, at Tenant’s sole cost and expense, and upon the expiration or other termination of this Lease, Tenant shall remove the Roof Equipment and repair any and all damage to the Project (including, but not limited to, the roof of the Building) caused as a result of such removal. Tenant agrees to operate the Roof Equipment in such a manner so as not to interfere with or impair the operation of other antennae or telecommunication equipment of Landlord or other tenants or occupants of the Project. If Tenant’s use of the Roof Equipment shall cause such interference or impairment, Tenant shall, at its sole cost and expense, promptly eliminate such condition by relocating the Roof Equipment or otherwise. In the event Landlord repairs or replaces the roof during the Term, Tenant will relocate or, if necessary, remove the Roof Equipment from the roof at Tenant’s sole cost upon receipt of written request from Landlord during the time of such repair or replacement. Landlord shall use commercially reasonable efforts to avoid the removal of the Roof Equipment during any such repair or replacement of the roof. Tenant shall be able to place the Roof Equipment on the roof, at Tenant’s sole cost and expense, after Landlord completes repairing or replacing the roof. Landlord may have its representative present at the installation or any reinstallation of the Roof Equipment and the Roof Equipment shall be properly screened and shall not be visible by someone standing in the vicinity of the Property. Landlord assumes no liability or responsibility for interference with the Roof Equipment caused by other tenants placing similar equipment on the roof of any building in the Project. The Roof Equipment shall be included within the coverage of all insurance policies required to be maintained by Tenant under the Lease and Tenant shall obtain at its cost all permits required by governmental authorities for the Roof Equipment. The Roof Equipment shall be used solely in connection with the business operations in the Premises, and shall not be used by any party who is not a tenant of the Premises.

Roof Equipment. If Subject to the provisions of this Lease, Tenant desires may, at its sole cost, install, maintain, and from time to use the roof time replace a communication antenna weighing up to 50 pounds and having a diameter or height of the Project up to install communication 20 inches and other related equipment or condensers for the Supplemental Units on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae Building (collectively, “Communication Roof Equipment”) no greater than one in a location reasonably selected by Landlord and reasonably acceptable to Tenant for Tenant’s own communication purposely use only; provided, however, that (1i) meter in diameterTenant shall obtain Landlord’s prior written approval with respect to the installation of such Roof Equipment which approval shall not be unreasonably withheld, together conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with aesthetic screening designated any reasonable requirements imposed by Landlord and all cableLegal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, wiring(iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals(iv) Tenant shall remove, at a location on its expense, at the roof expiration or earlier termination of the Project designated by Landlordthis Lease, any Roof Equipment which Landlord requires to be removed. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right to require supervise any roof penetration. Tenant may not access the roof without a representative of Landlord (who shall be reasonably available) being present. Tenant shall repair any damage to relocate the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant shall remove any Roof Equipment at any time to another location on the roof its cost upon expiration or termination of the Project reasonably approved by Tenant at Landlord’s expenseLease. Tenant shall retain Landlord’s designated roofing contractor install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to make any necessary penetrations and associated repairs to damage or interfere with the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment shall be governed by the following terms and conditions:Equipment. Net Multi-Tenant Laboratory 5871 Oberlin/Anadys — Page 28

Roof Equipment. If Tenant desires (a) Landlord hereby grants to Tenant, for Tenant's own use the roof and not for resale purposes, a non-exclusive license of the Project to install communication equipment or condensers for the Supplemental Units sufficient space on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signalsBuilding, at a location on designated by Landlord in its sole discretion (the roof "Roof Space") for the installation by Tenant of (i) the Antenna Equipment (as defined in Section 9.10), (ii) Tenant's HVAC System (together with any dry coolant condensers, chillers and related HVAC equipment), and (iii) Tenant's Generators (as defined in Section 9.11) (together with related cabling, pumps, mountings and supports for all of the Project foregoing, collectively, the "Roof Equipment"), at a location or locations designated by Landlord. The condensers In connection therewith, and subject to the rights of any tenant leasing space in the Building as of the date of this Lease, Landlord shall make available to Tenant reasonable access to the roof for the Supplemental Units construction, installation, upgrade, maintenance, repair, operation and use of the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right to require Tenant to relocate . If any of the Roof Equipment at any time generates noise which is likely, in Landlord's reasonable judgment, to another location on the roof disturb other tenants or occupants of the Project Building or the surrounding buildings, then Tenant shall install sound attenuated acoustic enclosures reasonably approved satisfactory to Landlord designed to eliminate such noise or reduce such noise to acceptable levels. If Tenant requires riser space for conduit connecting the Premises to the Roof Equipment, Landlord shall make available to Tenant, for Tenant's use solely in connection with the Roof Equipment, at a location or locations determined by Tenant at Landlord’s expenseLandlord in its sole judgment, riser space sufficient for the installation of telecommunications lines, cabling and supply and return lines reasonably required for the operation of the Roof Equipment. Tenant shall retain pay Landlord’s designated roofing contractor 's annual charge for such conduit as provided in Section 9.12, and all work in connection with the installation of such conduit shall be performed as provided in Section 9.12. References herein to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment shall be governed by the following terms deemed to include such riser and conditions:any conduit therein.

Roof Equipment. If Tenant desires Tenant, at its sole cost and expense and subject to use all applicable laws, codes and regulations and the roof provisions of the Project to this Section 10.11, may install communication equipment or condensers for the Supplemental Units on the roof of the Project to be used from Building and/or in the Premisespenthouse area of the Building and operate during the term antennae and other communications equipment, Tenant may so notify Landlord in writing supplemental HVAC equipment and other roof-top equipment serving the Premises (“Roof Equipment”) of the type customarily installed on the roofs of laboratory and office buildings comparable to the Building by tenants occupying premises therein devoted exclusively to laboratory and office uses similar to the Permitted Uses; provided that (a) the aggregate amount of space on the roof that shall be allocated to Tenant for Tenant’s Roof Equipment Notice”)shall be four hundred (400) square feet and (b) the aggregate amount of space in the penthouse (on a per square foot basis) that shall be allocated to Tenant for Tenant’s Roof Equipment shall be equal to Tenant’s Percentage of the maximum rentable area of the penthouse, which is ninety-six (96) rentable square feet; and provided further that the location of Tenant’s Roof Equipment Notice (i.e., on the roof or in the penthouse) shall generally describe the specifications for the equipment desired be reasonably determined by Landlord in cooperation with Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) also shall have the right to run cables and access lines (“Lines”) from its Roof Equipment to installthe Premises using the common shafts, repairchases, replace, remove, operate risers and maintain (i) condensers conduits of the Building intended for such purpose to the extent that the same may be available after meeting Landlord’s requirements for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” Building. Landlord makes no representations, express or other similar deviceimplied, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, that the roof of the Building is suitable for the purpose installation or operation of receiving and sending radio, television, computer, telephone or other communication signals, at a location any Roof Equipment. There shall be no additional charge to Tenant in connection with its use of space on the roof of the Project designated Building, but Tenant shall pay Annual Fixed Rent for so much of the penthouse space as Tenant elects to use at a rate per rentable square foot of such penthouse space per annum equal to the lesser of (i) the market rental rate at which Landlord is then offering penthouse space to third parties or (ii) the Annual Fixed Rent per rentable square foot of penthouse space per annum being paid by other tenants of the Building. If Tenant elects to install any equipment in the penthouse area, Tenant shall notify Landlord of the amount of space required not later than the third (3rd) anniversary of the Commencement Date, time being of the essence, and promptly following receipt of such notice the parties shall execute an amendment to this Lease providing for the addition of such penthouse space to the Premises (it being agreed that after the third (3rd) anniversary of the Commencement Date, Tenant shall be entitled to lease only such space as may then be available in the penthouse, and such space may or may not be equal to Tenant’s Percentage of the maximum rentable area of the penthouse). All Roof Equipment shall be subject to Landlord’s approval, which, subject to Landlord’s customary practices and procedures, shall not be unreasonably withheld, conditioned or delayed. The condensers for design and installation of Tenant’s Roof Equipment shall be performed in accordance with Subsection 6.2.5 and Exhibit C, any requirements of Landlord’s insurance carrier(s), and all other applicable provisions of this Lease as if the Supplemental Units and area where the Communication Roof Equipment is located were part of the Premises. Tenant agrees that Landlord may be collectively referred require Tenant to herein as the “reasonably screen its Roof Equipment.” . Landlord shall have no obligation to furnish any utilities or services to the right Roof Equipment or to make any alterations, repairs or replacements to any portion of the Building or Property in order to accommodate the installation or operation of any Roof Equipment. All utilities required to operate the Roof Equipment shall be separately metered and Tenant shall pay the costs of such utilities, as measured by such meter(s) to Landlord, as Additional Rent, or directly to the utility supplier. Tenant agrees that it shall be required, at is sole cost and expense, to perform any roof reinforcement reasonably required by Landlord to accommodate the weight of any Roof Equipment on the Building roof. Under no circumstances shall Tenant make any roof penetrations other than as expressly approved by Landlord in writing in advance. During the term, Tenant shall, at its sole cost and expense, perform all repairs and maintenance to the Roof Equipment and Lines necessary to keep the same in good working order, appearance and condition, reasonable use and wear thereof excepted, and Tenant shall promptly repair any damage to the Building or Property caused by the installation or operation of the Roof Equipment or Lines. Tenant shall operate its Roof Equipment in compliance with all applicable laws, codes and regulations. Tenant shall not relocate or modify any of the Roof Equipment or Lines without, in each instance, obtaining Landlord’s prior written approval to such relocation or modification. Any antennae installed by Tenant on the Building roof shall provide communications for Tenant only, and Tenant shall not permit any other person or firm to make use thereof. Unless Landlord shall agree otherwise in writing, Tenant shall, prior to the expiration or earlier termination of the term of this Lease, remove all of its Roof Equipment and all Lines, repair any damage caused by such removal, and restore the portion of the roof where the Roof Equipment was installed to a condition substantially the same as existed prior to the installation of the Roof Equipment. The provisions of Subsection 6.1.9 shall apply to any area affected hereby as if it were part of the Premises. Landlord reserves the right, upon not less than thirty (30) days’ notice to Tenant, except in the event of an emergency, but at Landlord’s cost, to require Tenant to relocate the Roof Equipment at all or any time to another location on the roof of the Project reasonably approved by Tenant at Landlord’s expense. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment to another portion of the roof reasonably designated by if such relocation is necessary for Landlord to perform any repairs, renovations, improvements or additions to the Building or Property. Landlord shall use reasonable efforts to coordinate any such relocation with Tenant. Tenant shall be governed entitled to obtain access to the roof both during and outside of Normal Building Operating Hours (as defined in the Rules and Regulations) for the purpose of servicing Tenant’s Roof Equipment, but only if (i) Tenant shall have given Landlord reasonable advance notice of the need therefor, and (ii) Tenant is accompanied by an authorized representative of Landlord during such access. Any such access shall be subject to Landlord’s reasonable security measures and, in the following terms and conditions:event access is required before or after Normal Building Operating Hours, Landlord may require Tenant to pay, as Additional Rent, the reasonable costs incurred by Landlord to provide such access to Tenant. Tenant shall use reasonable efforts to not allow any antennae or other Roof Equipment installed by Tenant to interfere with any equipment installed or operating in or from the Building as of the date Tenant commences operation of, or shall subsequently modify, such Roof Equipment. If Landlord determines that any of Tenant’s Roof Equipment materially interferes any such pre-existing equipment, Landlord may require Tenant to discontinue operation of such Roof Equipment until such time as it may be operated without causing such interference.

Roof Equipment. If Subject to the provisions of this Lease, Tenant desires may, at its sole cost, install, maintain, and from time to use the roof of the Project to install communication time replace a telecommunications dish antenna or other related equipment or condensers for the Supplemental Units on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae Building (collectively, “Communication Roof Equipment”) no greater than one in a location selected by Landlord and reasonably acceptable to Tenant for Tenant’s own communication use only; provided, however, that (1i) meter in diameterTenant shall obtain Landlord’s prior written approval with respect to the installation of such Roof Equipment which approval shall not be unreasonably withheld, together conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with aesthetic screening designated any reasonable requirements imposed by Landlord and all cableLegal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, wiring(iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals(iv) Tenant shall remove, at a location on its expense, at the roof expiration or earlier termination of the Project designated by Landlordthis Lease, any Roof Equipment which Landlord requires to be removed. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right to require supervise any roof penetration. Tenant shall have the right to relocate the Roof Equipment at any time to another location on access the roof of the Project West Wing of the Building upon written notice to Landlord but without a Landlord representative required to be present. Tenant may not access the roof of the East Wing of the Building without a representative of Landlord (who shall be reasonably approved by Tenant at Landlord’s expenseavailable) being present. Landlord hereby approves all Roof Equipment installed pursuant to the terms of the Pfizer Sublease and the Existing Lease Agreement. Tenant shall retain Landlord’s designated roofing contractor to make repair any necessary penetrations and associated repairs damage to the roof in order to preserve Landlord’s roof warranty. Building caused by Tenant’s installation installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant shall remove any Roof Equipment at its cost upon expiration or termination of the Lease or sooner, at the request of Landlord, if any of the same unreasonably interferes, as reasonably determined by Landlord, with the operation of any other tenant’s use of the Project. Tenant shall install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to damage or interfere with the operation of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment Equipment. The rights granted to Tenant under this Exhibit J are not exclusive and Tenant shall cooperate and coordinate as necessary with any other tenants with Roof Equipment. Tenant shall be governed responsible for reimbursing Landlord for any reasonable costs actually incurred by Landlord in connection with the following terms and conditions:exercise by Tenant of any rights granted to Tenant under this Exhibit J. 455 Mission Bay /Nektar - Page 1 EXHIBIT K TO LEASE Form of CFD Notices NOTICE OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 5 (MISSION BAY MAINTENANCE DISTRICT) REDEVELOPMENT AGENCY OF THE CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA TO: THE PROSPECTIVE LESSEE OF CERTAIN PREMISES (THE “PREMISES”) WITHIN THE BUILDING (THE “BUILDING”) DEVELOPED OR BEING DEVELOPED ON THE REAL PROPERTY (THE “PROPERTY”) KNOWN AS: _____________________________________________________________________________ 000 Xxxxxxx Xxx Xxxxxxxxx Xxxxx in the City of San Francisco, County of San Francisco, State of California, more particularly described as: LOT 2, AS SHOWN ON FINAL MAP 5156, FILED NOVEMBER 25, 2009, IN BOOK CC OF SURVEY MAPS AT PAGES 197 THROUGH 201 IN THE OFFICE OF THE RECORDER OF THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA. [The foregoing legal description does not include any exceptions or reservations or any easements or other rights that may be appurtenant to such real property] _____________________________________________________________________________ THIS IS A NOTIFICATION TO YOU (“TENANT”) PRIOR TO YOUR ENTERING INTO A CERTAIN LEASE WITH RESPECT TO THE PREMISES (THE “LEASE”). THE LANDLORD (“LANDLORD”) IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE.

Roof Equipment. If Tenant desires to use (a) Provided an Event of Default has not occurred and further provided that Landlord’s structural engineer has reviewed and approved the roof installation of the Project Roof Equipment, at Tenant’s sole cost and expense, Tenant shall have the right, at any time during the Lease Term, to install communication equipment install, construct, operate, and maintain not more than one (1) 4’ in diameter satellite dish together with any reasonable equipment, cabling and wiring necessary to operate the dish or condensers for antenna (collectively, the Supplemental Units “Roof Equipment”) on the roof of the Project to Building free of charge during the Term and any subsequent Renewal Terms and in accordance with the terms and conditions set forth in this Section 5.5.1. The Roof Equipment shall be used from (a) for Tenant’s use only for data and telecommunications support in the Premises, (b) not be used by any other party, (c) installed, operated and maintained in accordance with all applicable Laws and Tenant may so notify Landlord shall not charge or receive any fees or other consideration in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenantconnection with its use. If Tenant delivers a desires to install the Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as Building, Tenant shall give Landlord written notice thereof (the “Roof Equipment.” Equipment Request”) and shall provide Landlord shall have such information including without limitation the right to require Tenant to relocate method of installation of, desired location of, and plans and specifications for, the Roof Equipment at any time as Landlord shall reasonably require to another location approve or disapprove the Roof Equipment Request (the “Roof Equipment Plans”). Tenant shall obtain the written approval of Landlord of the Roof Equipment Plans prior to the installation of same on the roof of the Project reasonably approved by Tenant at Building, which approval shall be in Landlord’s expensesole and absolute discretion. Tenant shall retain Landlord’s designated roofing contractor Any changes to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment Plans required by Landlord shall be governed promptly made by Tenant and resubmitted to Landlord for approval. Tenant may only install the following terms Roof Equipment which is reflected in the Roof Equipment Plans approved by Landlord in writing and conditions:in the manner set forth in the Roof Equipment Plans.

Roof Equipment. If Tenant desires (a) Landlord hereby grants to Tenant, for Tenant’s own use the roof and not for resale purposes, a license of the Project to install communication equipment or condensers for the Supplemental Units sufficient space on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signalsBuilding, at a location to be designated by Landlord in its sole discretion and more particularly described on Exhibit E to be annexed hereto (the roof “Roof Space”), for the installation by Tenant of (i) Tenant’s HVAC System, including dry coolant condensers, chillers and related HVAC equipment for Tenant’s equipment in the Premises, (ii) Tenant’s computer system, and (iii) Tenant’s Generator (as defined in Section 9.10) (together with related cabling, pumps, mountings and supports for all of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as foregoing, collectively, the “Roof Equipment.” ”). In connection therewith, and subject to the rights of other existing tenants in the Building, Landlord shall have make available to Tenant reasonable access to the right to require Tenant to relocate roof for the construction, installation, upgrade, maintenance, repair, operation and use of the Roof Equipment. If any of the Roof Equipment at any time generates noise likely, in Landlord’s reasonable judgment, to another location on the roof disturb other tenants or occupants of the Project Building, then Tenant shall install sound attenuated acoustic enclosures reasonably approved satisfactory to Landlord designed to eliminate such noise or reduce such noise to acceptable levels. If Tenant requires riser space for conduits connecting the Premises to the Roof Equipment. Landlord shall make available to Tenant, in accordance with Section 9.11, for Tenant’s use solely in connection with the Roof Equipment, at a location or locations determined by Tenant Landlord in its sole judgment, riser space sufficient for the installation, at LandlordTenant’s expense, of electrical conduits, a fuel line, and telecommunications, cabling, and supply and return lines reasonably required for the operation of the Roof Equipment. Tenant shall retain pay Landlord’s designated roofing contractor annual charge for such conduit as provided in Section 9.11, and all work in connection with the installation of such conduit shall be performed as provided in Section 9.11. References herein to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment shall be governed by the following terms deemed to include such riser and conditions:any conduit therein.

Roof Equipment. If (a) Landlord hereby grants to Tenant, for Tenant's own use commencing on the Commencement Date and not for resale purposes, a license of an area of the roof above the 17th floor of the Building, as shown on Exhibit I to this Lease, containing approximately 700 square feet (the "Roof Space") for the installation by Tenant desires of (i) a floor packaged direct expansion water cooled air conditioning system, including a two cell, cross flow induced draft cooling tower with a capacity not in excess of 454 tons of condenser water and with pumps and auxiliary equipment ("Tenant's HVAC System") and (ii) Tenant's telecommunications equipment, antenna and satellite dish (collectively, together with related cabling, pumps, mountings and supports, the "Roof Equipment"), at a location or locations within the Roof Space reasonably designated by Landlord and reasonably acceptable to Tenant. In connection therewith, and subject to the rights of other existing tenants in the Building, Landlord shall make available to Tenant reasonable access to the roof for the construction, installation, upgrade, maintenance, repair, operation and use of the Roof Equipment. Tenant shall be responsible for all reinforcement and bracing, if any, reasonably required by Landlord to enable the roof of the Project Building to install communication equipment or condensers for support the Supplemental Units on the roof Roof Equipment. If any of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”)generates noise likely, which Roof Equipment Notice in Landlord's reasonable judgment, to disturb other tenants or occupants of the Building, then Tenant shall generally describe the specifications for the equipment desired by Tenantinstall sound attenuated acoustic enclosures reasonably satisfactory to Landlord designed to eliminate such noise or reduce such noise to acceptable levels. If Tenant delivers a requires riser space for conduit connecting the Premises to the Roof Equipment NoticeEquipment, then subject Landlord shall make available to all governmental lawsTenant, rules and regulationsfor Tenant's use solely in connection with the Roof Equipment, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have in the right and access to install"Center Shaft" as shown on the floor plan attached as Exhibit R, repair, replace, remove, operate and maintain (i) condensers riser space sufficient for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar deviceinstallation, such as antennae (collectivelyat Tenant's expense, “Communication Equipment”) no greater than one (1) meter in diameterof telecommunications lines, together with aesthetic screening designated by Landlord cabling and all cable, wiring, conduits supply and related equipment, condenser water return lines reasonably required for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof operation of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord , as more particularly set forth in Section 9.8. All work in connection with the installation of such riser, including core drilling, if required, shall have the right to require Tenant to relocate the Roof Equipment at any time to another location on the roof of the Project reasonably approved be performed by Tenant at Landlord’s Tenant's sole cost and expense, including the reasonable cost of a fire watch and related supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall reasonably prescribe. Landlord shall make available to Tenant shall retain Landlord’s designated roofing contractor reasonable access within the core for purposes of such installation work. References herein to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment shall be governed by the following terms deemed to include such riser and conditions:any conduits therein.

Roof Equipment. If Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace mechanical equipment and a satellite dish (weighing up to 50 pounds and having a diameter or height of up to 20 inches (or if Tenant desires a larger satellite dish the same shall be subject to use the roof of the Project to install communication equipment Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or condensers for the Supplemental Units delayed)) and related ancillary cabling on the roof of the Project to be used from the PremisesBuilding (collectively, Tenant may so notify Landlord in writing (“Roof Equipment NoticeEquipment”), which Roof Equipment Notice shall generally describe at no additional rental expense to Tenant (other than reimbursing Landlord for any costs incurred by Landlord in connection with the specifications for the equipment desired exercise by Tenant. If Tenant delivers a Roof Equipment Notice, then subject of any rights granted to all governmental laws, rules Tenant under this Section 42) and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and to access to installthe roof only with a representative of Landlord present for the purposes set forth in this Section 42; provided, repairhowever, replace, remove, operate and maintain that (i) condensers Tenant shall obtain Landlord’s prior written approval of the proposed location of the Roof Equipment and method for fastening the Supplemental Units and/or same to the roof, (ii) one (1) so-called “satellite dish” or other similar deviceTenant shall, such as antennae (collectivelyat its sole cost, “Communication Equipment”) no greater than one (1) meter in diameter, together comply with aesthetic screening designated reasonable requirements imposed by Landlord and all cableLegal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, wiring(iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals(iv) Tenant shall remove, at a location on its expense, at the roof expiration or earlier termination of the Project designated by Landlordthis Lease, any Roof Equipment which Landlord requires to be removed. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right supervise any roof penetration. Tenant shall repair any damage to require the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Tenant to relocate shall remove the Roof Equipment at its cost upon expiration or termination of the Lease or sooner, at the request of Landlord, if any time of the same unreasonably interferes, as reasonably determined by Landlord, with the operation of any other tenant’s use of the Project and Tenant cannot reasonably cure such interference. Landlord shall give Tenant written notice and 10 days to another location cure such interference before requiring Tenant to remove any Roof Equipment; provided, however, that if such interference causes Landlord to be in default under any other lease, Landlord may shorten the cure period as necessary to avoid being in default under such other lease. Tenant shall install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to damage or interfere with the operation of the Building or with the occupancy or activities of any other tenant of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 42 is not exclusive and Tenant may not install any Roof Equipment on the roof which is not directly and solely related to Tenant’s operations at the Premises. Except for the express rights granted to Tenant under this Section 42, Landlord retains all rights to utilize the remainder of the Project reasonably approved by Tenant at rooftop for any purpose in Landlord’s expense. Tenant shall retain sole and absolute discretion, so long as Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to use of the roof in order to preserve Landlord’s roof warranty. remainder of the rooftop does not interfere with Tenant’s installation and operation use of the Roof Equipment shall be governed by the following terms and conditions:and/or Building Systems.

Roof Equipment. If Subject to the provisions of this Lease, Tenant desires may, at its sole cost, install, maintain, and from time to use time replace a satellite dish and/or antenna, security cameras and other equipment consistent with the roof Permitted Use of the Project to install communication equipment or condensers for the Supplemental Units Premises (e.g., supplemental HVAC) on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae Building (collectively, “Communication Roof Equipment”), at no additional rental expense to Tenant (other than reimbursing Landlord for any costs incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 42); provided, however, that (i) no greater than one Tenant shall obtain Landlord’s prior written approval of the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (1ii) meter in diameterTenant shall, together at its sole cost, comply with aesthetic screening designated reasonable requirements imposed by Landlord and all cableLegal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, wiring(iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals(iv) Tenant shall remove, at a location on its expense, at the roof expiration or earlier termination of the Project designated by Landlordthis Lease, any Roof Equipment which Landlord requires to be removed. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right supervise any roof penetration. Tenant shall repair any damage to require the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Tenant to relocate shall remove the Roof Equipment at its cost upon expiration or termination of the Lease or sooner, at the request of Landlord, if any time of the same unreasonably interferes, as determined by Landlord, with the operation of any other tenant’s use of the Project. Landlord shall give Tenant written notice and 30 days to another location cure such interference before requiring Tenant to remove any Roof Equipment; provided, however, that if such interference causes Landlord to be in default under any other lease, Landlord may shorten the cure period as necessary to avoid being in default under such other lease. Tenant shall install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to damage or interfere with the operation of the Building or with the occupancy or activities of any other tenant of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 42 is not exclusive and Tenant may not install any Roof Equipment on the roof which is not directly and solely related to Tenant’s operations at the Premises. Tenant shall not have any right to place Roof Equipment on more than Tenant’s pro rata share of the space the roof available to tenants of the Project reasonably approved by Tenant at Landlord’s expense. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to for the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment shall be governed by the following terms and conditions:Equipment.

Roof Equipment. If Tenant desires to use the roof of the Project to install communication equipment or condensers for the Supplemental Units on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right to require Tenant to relocate use its prorata share (excluding areas required by Landlord for the Roof Equipment at any time to another location Building) of the available area on the roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish and /or antenna (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Project reasonably approved by Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant at Landlord’s expenseshall remove its Equipment from such area and repair any damage caused thereby. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs also have the right, subject to the roof provisions of Article 5, to install in order the Building core area, risers, ducts, conduits or other facilities, necessary to preserve connect such Equipment to the Demised Premises or any option or additional space then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to unreasonably disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord’s roof warranty. Tenant shall cause the Equipment to be covered under Tenant’s installation 's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Roof Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment shall be governed by the following terms and conditions:wiring, including any required replacements thereof.

Roof Equipment. If Provided that this Lease is then in full force and effect and Tenant desires is not then in default under this Lease beyond any applicable notice and cure period, Tenant shall be permitted, without any obligation to use the roof of the Project to install communication equipment or condensers pay any additional Rent for such permission (except for the Supplemental Units costs expressly provided in this Section 35), subject to approval by all applicable governmental authorities, to install, maintain, replace and operate antennae, security equipment, satellite dish or dishes, and/or supplemental heating, ventilation and air-conditioning equipment on the roof of the Project to be used from 1001 Ridder Building and the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae 1717 Fox Building (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord ”), the size, weight and precise location of which shall have the right be subject to require Tenant to relocate the Roof Equipment at any time to another location on the roof of the Project reasonably approved by Tenant at Landlord’s prior written approval not to be unreasonably withheld, conditioned or delayed, and pursuant to plans, all of which have been approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), at Tenant’s sole cost and expense. Tenant shall retain obtain Landlord’s designated roofing contractor prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, to make any necessary roof penetrations and associated repairs to the roof in order to preserve any such penetrations permitted by Landlord shall be performed by Landlord’s roof warranty. contractors at Tenant’s installation expense. The installation, maintenance and operation of the Roof Equipment shall be governed in accordance with the provisions of this Lease and shall be performed at Tenant’s sole cost and expense. Tenant will ensure that the Roof Equipment, and each part of them, will be installed by licensed contractors in accordance with all federal, state and local rules and building codes. Tenant will obtain, at its sole cost and expense, all Federal Communications Commission and other licenses or approvals required to install and operate the following terms Roof Equipment and conditions:shall repair any and all damage to the Ridder Park Technology Center (including, but not limited to, the roof of the 1001 Ridder Building and the 0000 Xxx Xxxxxxxx) caused as a result of Tenant’s installation of the Roof Equipment. The Roof Equipment is and shall remain the property of Tenant or Tenant’s assignee, transferee or sublessee, and Landlord and Tenant agree that the Roof Equipment is not, and installation of the Roof Equipment at the Ridder Park Technology Center shall not cause the Roof Equipment to become, a fixture pursuant to this Lease or by operation of law. Tenant shall not be entitled to receive any income from any third-party individual or entity for the use of the Roof Equipment. Tenant shall be responsible for the operation, repair and maintenance of the Roof Equipment during the Term, at Tenant’s sole cost and expense, and upon the expiration or other termination of this Lease, Tenant shall remove the Roof Equipment and repair any and all damage to the Ridder Park Technology Center (including, but not limited to, the roof of the 1001 Ridder Building and the 0000 Xxx Xxxxxxxx) caused as a result of such removal. Tenant agrees to operate the Roof Equipment in such a manner so as not to unreasonably interfere with or impair the operation of other antennae or telecommunication equipment of Landlord or other tenants or occupants of the Ridder Park Technology Center. If Tenant’s use of the Roof Equipment shall cause such interference or impairment, Tenant shall, at its sole cost and expense, promptly eliminate such condition by relocating, adjusting or modifying the Roof Equipment. In the event Landlord repairs or replaces the roof during the Term, Tenant will relocate or, if necessary, remove the Roof Equipment from the roof at Tenant’s sole cost upon receipt of written request from Landlord during the time of such repair or replacement. Landlord shall use commercially reasonable efforts to avoid the removal of the Roof Equipment during any such repair or replacement of the roof. Tenant shall be able to place the Roof Equipment on the roof, at Tenant’s sole cost and expense, after Landlord completes repairing or replacing the roof. Landlord may have its representative present at the installation or any reinstallation of the Roof Equipment and the Roof Equipment shall be properly screened and shall not be visible by someone standing in the reasonable vicinity of the 1001 Ridder Building and the 0000 Xxx Xxxxxxxx. Xxxxxxxx assumes no liability or responsibility for interference with the Roof Equipment caused by other tenants placing similar equipment on the roof of any building in the Ridder Park Technology Center. The Roof Equipment shall be included within the coverage of all insurance policies required to be maintained by Tenant under the Lease and Tenant shall obtain at its cost all permits required by governmental authorities for the Roof Equipment. The Roof Equipment shall be used solely in connection with the business operations in the Premises, and shall not be used by any party who is not a tenant of the Premises.

Roof Equipment. If Subject to the provisions of this Lease, Tenant desires may, at its sole cost, install, maintain, and from time to use time replace a satellite dish and/or antenna, security cameras and other equipment consistent with the roof Permitted Use of the Project to install communication equipment or condensers for the Supplemental Units Premises (e.g., supplemental HVAC) on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae Building (collectively, “Communication Roof Equipment”), at no additional rental expense to Tenant (other than reimbursing Landlord for any costs incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 43); provided, however, that (i) no greater than one Tenant shall obtain Landlord’s prior written approval of the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (1ii) meter in diameterTenant shall, together at its sole cost, comply with aesthetic screening designated reasonable requirements imposed by Landlord and all cableLegal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, wiring(iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals(iv) Tenant shall remove, at a location on its expense, at the roof expiration or earlier termination of the Project designated by Landlordthis Lease, any Roof Equipment which Landlord requires to be removed. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right supervise any roof penetration. Tenant shall repair any damage to require the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Tenant to relocate shall remove the Roof Equipment at its cost upon expiration or termination of the Lease or sooner, at the request of Landlord, if any time of the same unreasonably interferes, as determined by Landlord, with the operation of any other tenant’s use of the Project. Landlord shall give Tenant written notice and 30 days to another location cure such interference before requiring Tenant to remove any Roof Equipment; provided, however, that if such interference causes Landlord to be in default under any other lease, Landlord may shorten the cure period as necessary to avoid being in default under such other lease. Tenant shall install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to damage or interfere with the operation of the Building or with the occupancy or activities of any other tenant of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 43 is not exclusive and Tenant may not install any Roof Equipment on the roof which is not directly and solely related to Tenant’s operations at the Premises. Tenant shall not have any right to place Roof Equipment on more than Tenant’s pro rata share of the space the roof available to tenants of the Project reasonably approved by for the installation of Roof Equipment. Net Multi-Tenant at Landlord’s expense. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment shall be governed by the following terms and conditions:Laboratory 410 W. Xxxxxxxx/PhaseRx - Page 37

Roof Equipment. If (a) At Tenant’s sole cost and expense and provided there is no pending Event of Default, Tenant desires (but not any subtenant, other than a transferee under a Permitted Transfer) shall have access to use the Tenant’s Pro Rata Share of the area of the roof of the Project to install communication equipment or condensers for the Supplemental Units on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening Building designated by Landlord and all cableas specified for antennas, wiring, conduits and related equipmentin designated areas mutually agreed upon, for the purpose of receiving installation of a microwave satellite device and sending radioassociated wiring, televisionsupplemental HVAC units and/or other equipment serving Tenant’s business within the Premises (collectively, computerthe “Roof Equipment”) provided: (i) the Roof Equipment does not impact Landlord’s roof warranty; (ii) the Roof Equipment complies with all applicable Laws; (iii) Tenant obtains Landlord’s prior written consent thereto, telephone such consent not to be unreasonably withheld, conditioned, or other communication signalsdelayed, at a location on including without limitation approval of (1) the placement of the Roof Equipment, (2) any roof penetrations, (3) an elevation or representational drawing of what the Roof Equipment will look like when mounted to the roof of the Project designated by Landlord. The condensers for the Supplemental Units Building, and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” (4) a specific scope of work from Tenant’s contractor; (iv) Landlord shall have the right right, at any time and from time to time, to require Tenant to relocate the Roof Equipment at any time to another Building roof location on the roof of the Project reasonably approved specified by Tenant Landlord, which relocation shall be at Landlord’s expensesole cost unless such relocation is required under Applicable Laws or Tenant’s breach of the Lease; and (v) Tenant removes the Roof Equipment and restores the roof to its original condition on or prior to the Expiration Date. The Roof Equipment is deemed Tenant’s Property and shall be for the sole benefit of Tenant and Landlord, relate specifically to Tenant’s use of the Premises, and not be used as a switching station, amplification station, or by other tenants or third parties. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations is solely responsible for all costs associated with the installation, maintenance, and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation removal of the Roof Equipment shall be governed by the following terms and conditions:Equipment.

Roof Equipment. If Subject to the provisions of this Lease, Tenant desires may, at its sole cost, install, maintain, and from time to use the roof of the Project to install communication equipment time replace a microwave, satellite dish or condensers for the Supplemental Units other communications antenna on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae Building (collectively, “Communication Roof Equipment”), at no additional rental expense to Tenant (other than reimbursing Landlord for any reasonable costs actually incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 41); provided, however, that (i) no greater than one Tenant shall obtain Landlord’s prior written approval with respect to the installation of such Roof Equipment which approval shall not be unreasonably withheld, conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (1ii) meter in diameterTenant shall, together at its sole cost, comply with aesthetic screening designated any reasonable requirements imposed by Landlord and all cableLegal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, wiring(iii) Tenant shall be responsible for paying for any structural upgrades that may be reasonably required by Landlord in connection with the Roof Equipment, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals(iv) Tenant shall remove, at a location on its expense, at the roof expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed as noted at the Project designated by time Tenant requests Landlord’s consent therefor. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right supervise any roof penetration. Tenant shall repair any damage to require the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant to relocate the shall remove any Roof Equipment at its cost upon expiration or termination of the Lease or sooner, at the request of Landlord, if any time of the same unreasonably interferes, as determined by Landlord, with the operation of any other tenant’s use of the Project. Tenant shall install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to another location damage or interfere with the operation of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 41 is not exclusive and Tenant may not install any Roof Equipment on the roof which is not directly and solely related to Tenant’s operations at the Premises. Nothing contained in this Section 41 is intended to preclude Tenant from installing equipment on the roof if the same constitutes part of the Project reasonably approved by Tenant at Landlord’s expense. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment shall be governed by the following terms and conditions:Improvements.

Roof Equipment. If During the Lease Term, Tenant desires shall have the non-exclusive right at its sole cost to use the roof of the Project install, maintain, and from time to install communication equipment time replace one or condensers for the Supplemental Units more satellite dishes and/or an antennae on the roof of the Project Building with necessary cabling and wiring connecting it to be used from the PremisesPremises (such dish, Tenant may so notify Landlord in writing (“Roof Equipment Notice”)antenna, which Roof Equipment Notice shall generally describe the specifications for the cabling and wiring and other equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be being collectively referred to herein as the “Roof Equipment.” ”) for purposes of facilitating wireless communications or expanding phone, computer or television services of Tenant to and from the Premises, provided that (a) Tenant shall obtain Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, of the proposed size, weight, location and aesthetic impact of the Roof Equipment and the method for fastening the Roof Equipment to the Building, (b) Tenant shall obtain approval from the ARC, (c) Tenant will at its sole cost comply with (i) all Applicable Laws, (ii) Landlord’s reasonable requirements from time to time, and (iii) the conditions of any bond or warranty maintained by Landlord on the roof, (d) the Roof Equipment shall not interfere, electronically or otherwise, with the equipment, facilities, use or operations of Landlord or of other preexisting (as of the date of installation of the Roof Equipment) licensees or tenants of Landlord in the Building Complex, and (e) Tenant shall use reasonable efforts to avoid interference by the Roof Equipment with any later-installed roof equipment and wireless communications of such other parties. Landlord may supervise any roof penetration. Landlord shall not charge any rental fee for the Roof Equipment. In no event shall Landlord’s approval of plans for the Roof Equipment or supervision of roof penetration be deemed a representation that the Roof Equipment will not cause, or be subject to, interference or that such plans will comply with Applicable Laws, future requirements of Landlord, or the condition of any bond or warranty maintained by Landlord on the roof. Tenant shall repair any damage to the Building caused by the installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Tenant may remove or modify the Roof Equipment at its sole cost during the term of this Lease, and Tenant shall remove the Roof Equipment at its sole cost upon expiration or earlier termination of the Lease. Landlord agrees, with respect to any equipment or other roof rights or licenses granted by Landlord to other tenants or occupants of the Building or to telecommunications service providers after installation of Tenant’s Roof Equipment, Landlord shall require such tenants, occupants or providers to agree that they will not interfere with any preexisting equipment of other tenants of the Building (including of Tenant) and Landlord shall use commercially reasonable efforts to enforce such provisions. Not more than once during the Primary Lease Term and only if such relocation is necessary in order for Landlord to perform repairs or replacement of the roof of the Building, Landlord shall have the right to require Tenant Tenant, at Landlord’s sole cost, to relocate all or any part of the Roof Equipment at any time to another location on the roof of the Project reasonably approved Building mutually agreed upon by Tenant at Landlord’s expense. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations Landlord and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant, provided that such relocation does not diminish Tenant’s installation and operation use of the Roof Equipment in any material manner. Subject to the provisions of Section 15 herein, Tenant shall be governed protect, defend, indemnify and hold harmless Landlord from and against all claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the following terms and conditions:Roof Equipment.

Roof Equipment. If Provided that this Lease is then in full force and effect and Tenant desires is not then in default under this Lease beyond any applicable notice and cure period, Tenant shall be permitted, without any obligation to use the roof of the Project to install communication equipment or condensers pay any additional Rent for such permission (except for the Supplemental Units costs expressly provided in this Section 35), subject to approval by all applicable governmental authorities, to install, maintain, replace and operate antennae, security equipment, satellite dish or dishes on the roof of the Project to be used from 000 Xxxx Xxxxx Building and the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae 000 Xxxx Xxxxx Building (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord ”), the size, weight and precise location of which shall have the right be subject to require Tenant to relocate the Roof Equipment at any time to another location on the roof of the Project reasonably approved by Tenant at Landlord’s prior written approval not to be unreasonably withheld, conditioned or delayed, and pursuant to plans, all of which have been approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), at Tenant’s sole cost and expense. Tenant shall retain obtain Landlord’s designated roofing contractor prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, to make any necessary roof penetrations and associated repairs to the roof in order to preserve any such penetrations permitted by Landlord shall be performed by Landlord’s roof warranty. contractors at Tenant’s installation expense. The installation, maintenance and operation of the Roof Equipment shall be governed in accordance with the provisions of this Lease and shall be performed at Tenant’s sole cost and expense. Tenant will ensure that the Roof Equipment, and each part of them, will be installed by licensed contractors in accordance with all federal, state and local rules and building codes. Tenant will obtain, at its sole cost and expense, all Federal Communications Commission and other licenses or approvals required to install and operate the following terms Roof Equipment and conditions:shall repair any and all damage to the Project (including, but not limited to, the roof of the 000 Xxxx Xxxxx Building and the 000 Xxxx Xxxxx Building) caused as a result of Tenant’s installation of the Roof Equipment. The Roof Equipment is and shall remain the property of Tenant or Tenant’s assignee, transferee or sublessee, and Landlord and Tenant agree that the Roof Equipment is not, and installation of the Roof Equipment at the Project shall not cause the Roof Equipment to become, a fixture pursuant to this Lease or by operation of law. Tenant shall not be entitled to receive any income from any third-party individual or entity for the use of the Roof Equipment. Tenant shall be responsible for the operation, repair and maintenance of the Roof Equipment during the Term, at Tenant’s sole cost and expense, and upon the expiration or other termination of this Lease, Tenant shall remove the Roof Equipment and repair any and all damage to the Project (including, but not limited to, the roof of the 000 Xxxx Xxxxx Building and the 000 Xxxx Xxxxx Building) caused as a result of such removal. Tenant agrees to operate the Roof Equipment in such a manner so as not to unreasonably interfere with or impair the operation of other antennae or telecommunication equipment of Landlord or other tenants or occupants of the Project. If Tenant’s use of the Roof Equipment shall cause such interference or impairment, Tenant shall, at its sole cost and expense, promptly eliminate such condition by relocating, adjusting or modifying the Roof Equipment. In the event Landlord repairs or replaces the roof during the Term, Tenant will relocate or, if necessary, remove the Roof Equipment from the roof at Tenant’s sole cost upon receipt of written request from Landlord during the time of such repair or replacement. Landlord shall use commercially reasonable efforts to avoid the removal of the Roof Equipment during any such repair or replacement of the roof. Tenant shall be able to place the Roof Equipment on the roof, at Tenant’s sole cost and expense, after Landlord completes repairing or replacing the roof. Landlord may have its representative present at the installation or any reinstallation of the Roof Equipment and the Roof Equipment shall be properly screened and shall not be visible by someone standing in the reasonable vicinity of the 000 Xxxx Xxxxx Building and the 000 Xxxx Xxxxx Building. Landlord assumes no liability or responsibility for interference with the Roof Equipment caused by other tenants placing similar equipment on the roof of any building in the Project. The Roof Equipment shall be included within the coverage of all insurance policies required to be maintained by Tenant under the Lease and Tenant shall obtain at its cast all permits required by governmental authorities for the Roof Equipment. The Roof Equipment shall be used solely in connection with the business operations in the Premises, and shall not be used by any party who is not a tenant of the Premises.