Common use of Roof Rights Clause in Contracts

Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R's, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, at Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.

Roof Rights. Subject to the satisfaction, in Landlord's reasonable judgment, of all governmental laws, rules and regulations and compliance with of the CC&R'sconditions set forth in this Section, Tenant shall have the right to use throughout the Lease Term (including any extensions thereof) a reasonable portion of the roof area, at no additional rental cost, to install and maintain, at Tenant's contractors sole expense, reasonable amounts and types of equipment (a) to support Tenant's Telecommunications Services (the "Communications Equipment"), and/or (b) supplemental HVAC equipment ("HVAC Equipment") on the roofs of the Buildings for use in connection with Tenant's business in the Premises. Notwithstanding anything in this Section to the contrary, Tenant shall not be permitted to install the Communications Equipment and/or HV AC Equipment, as applicable, unless (i) Tenant's Communications Equipment and/or HVAC Equipment, as applicable, shall not interfere with any other satellite dish or antenna of any other current tenant in the Buildings as of the date of this Lease~ (ii) (A) such Communications Equipment conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (the "Communications Equipment Drawings"), which Communications Equipment Drawings shall first be approved by Landlord but subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed delayed, and/or (as specified B) such HV AC Equipment conforms to the specifications and requirements set forth in Section 29.4 below)) shall have the nonexclusive right drawings and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment specifications prepared by a licensed professional (collectively, the "COMMUNICATION EQUIPMENTHVAC Equipment Drawings"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication which HVAC Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment Drawings shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, (iii) Landlord approves, which approval shall not be unreasonably conditioned, withheld or delayed, the size, capacity, power, location and proposed placement and method of installation of such Communications Equipment and/or HV AC Equipment, as applicable, an4 (iv) Tenant obtains, at its sole cost and expense, and provides copies to Landlord of all necessary governmental permits and approvals, including, without limitation, special exception permits, if applicable, for the installation of the Communications Equipment and/or HVAC Equipment, as applicable, upon the Buildings. Tenant, at Landlord's discretion, shall cause the Communications Equipment and/or HVAC Equipment, as applicable, to be painted in a nonmetallic paint to match the materials on the roof. In addition, Tenant· shall not be permitted to install the Communications Equipment and/or HV AC Equipment, as applicable, unless (I) Tenant contracts with Landlord's roofing contractor to retain the warranties and guaranties for the roofs to the extent that Landlord will lose the warranties and guaranties with respect to the roofs, 30 (II) Landlord approves, in writing, any such effect on the Buildings' Structure or Buildings' Systems or any such structural alteration, which approval may be granted or withheld by Landlord in its reasonable discretion, and (III) Tenant pays the cost of any structural support or alterations necessary to secure the Communications Equipment and/or HVAC Equipment, as applicable, to the Buildings. The Communications Equipment and/or HVAC Equipment, as applicable, shall be installed by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved reasonably acceptable to both Landlord and Tenant and thereafter shall be properly maintained by Tenant, all at Tenant's sole expense. On or prior to the expiration or earlier termination of the Lease Term (or the earlier termination of this Lease with respect to either Building), unless otherwise specifically designated to remain on the Premises by Landlord at the time of Landlord's approval thereof, the Communications Equipment and the HVAC Equipment shall be installed removed from the roof(s) of the applicable Building(s) at Tenant's sole cost and expense and those portions of the roofs of the Buildings that have been affected by the Communications Equipment and the HV AC Equipment shall be returned to the condition they were in a lien-free manner in accordance prior to the installation of the Communications Equipment and the BVAC Equipment. Tenant shall pay all subscription fees, usage charges and hookup and disconnection fees associated with Tenant's use of the Communications Equipment and/or HV AC Equipment, as applicable, and Landlord shall have no liability therefor. All of the provisions of this Lease. (ii) The exact size, qualityincluding, materials and aesthetics of, and any required screening forwithout limitation, the Communication insurance, maintenance, repair, release and indemnification provisions shall apply and be applicable to Tenant's installation, operation, maintenance and removal of the Communications Equipment and the HVAC Equipment. Except as shown on the Communications Equipment Drawings and/or HVAC Equipment Drawings, as applicable, as reasonably approved by Landlord, Tenant shall be subject not make any modification to the design, structure or systems ofthe Buildings required in connection with the installation of the Communications Equipment and/or HV AC Equipment, as applicable, without Landlord's prior written consent approval of such modification and the plans therefor, which approval may be granted, conditioned or withheld by Landlord in its reasonable discretion. Tenant agrees that, in addition to any indemnification provided Landlord in this Lease, Tenant shall not be unreasonably withheld indemnify and shall hold Landlord and Landlord's managing agent, and their employees, shareholders, partners, officers and directors, harmless from and against all costs, damages, claims, liabilities and expenses (including attorneys' fees and any costs of litigation) suffered by or delayed. In additionclaimed against Landlord, directly or indirectly, based on, arising out of or resulting from Tenant's use of the Communications Equipment, the installation, protection for HV AC Equipment and/or access to .the roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs Emergency Roof Access (defined below)), as applicable, and/or the conduits to connect the Premises to the Communications Equipment and/or the BVAC Equipment, as applicable. In addition, Tenant shall be liable to Landlord for any actual damages suffered by Landlord for any cessation or shortages of obtaining electrical power or any other systems failure arising from Tenant's use of the conduits to connect the Premises to the Communications Equipment and/or HV AC Equipment, as applicable. The terms of the two immediately preceding sentences will survive the expiration or termination of this Lease. Tenant, at its sole cost and expense, shall secure all necessary permits and approvals from all applicable governmental agencies with respect to the size, placement and installation of the Communications Equipment and/or BVAC Equipment, as applicable. In the event Tenant is unable to obtain the necessary approvals and permits from any applicable party, including federal, state, county or other local governing authorities for the Communications Equipment and/or HV AC Equipment, as applicable, Tenant shall have no remedy, claim, cause of action or recourse against Landlord, nor shall such failure or inability to obtain any necessary permits or approvals provide Tenant the opportUnity to terminate this Lease. Landlord makes no representations or warranties concerning the suitability of the roofs of the Buildings for the installation operation, maintenance and repair of connections the Communications Equipment and/or HV AC Equipment, as applicable, Tenant having satisfied itself concerning such matters. Tenant's access to the Building's electrical system) roof shall be borne subject to reasonable rules and regulations relating thereto established from time to time by Landlord, including, without limitation, rules and regulations prohibiting such access unless Tenant is accompanied by Landlord's representative and Tenant's agreement to reimburse Landlord for costs incurred by Landlord to make Landlord's representative available to accompany Tenant if after normal business hours. All Notwithstanding the preceding sentence, solely in the event of an emergency after normal business hours and if a building engineer is not then reasonably available, then provided that Tenant has given notice to Landlord that it intends to access the access the roof without being accompanied (which notice may be telephonic) Tenant shall have the right to access the roof of a Building without being accompanied for the sole purpose of remedying such emergency ("Emergencv Roof Access"). Upon at least thirty (30) days' prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Communications Equipment and/or BVAC Equipment, as applicable, if in Landlord's opinion the Communications Equipment and/or HV AC Equipment, as applicable, is interfering with any other satellite dish or antenna of any other tenant in the Buildings occupying a portion of the Buildings as of the Effective Date. Landlord shall use commercially reasonable efforts to cause any other tenant's communication equipment and/or HVAC equipment installed after Tenant's Communication Equipment that is interfering with Tenant's Communications Equipment to promptly relocate the same or otherwise cease such interference. In all events 31 Tenant will reasonably cooperate to initially locate all Communication Equipment and HV AC Equipment in a manner that will reasonably limit the potential interference with any other communication or HV AC equipment on the roof; and accordingly, Landlord shall use reasonable efforts to cause any other tenant installing communication or HVAC equipment· on the roof to initially locate the same in a manner that will minimize the potential interference. Nothing in this Section shall be screened construed as granting Tenant any line of sight easement with respect to commercially reasonable standards and such Communications Equipment and/or HV AC Equipment, as applicable. By granting Tenant the rights under this Section, Landlord makes no representation as to prevent visual impairmentthe legality of such Communications Equipment and/or HV AC Equipment, as applicable, or its/their installation. In the event that any federal, state, county, regulatory or other authority requires the removal or relocation of such Communications Equipment and/or HV AC Equipment, as applicable, Tenant shall be responsible for remove or relocate the replacement, repair and maintenance, same at Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) and Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes under no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not circumstances be liable to Tenant therefor. (vi) Tenant. The Communications Equipment and/or HV AC Equipment, as applicable, may be used by Tenant only in the conduct ofTen ant's rights with respect to such Communication Equipment customary business in the Premises and shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, made available by Tenant for use by any other person tenant in the Buildings or entity with unrelated parties (e.g., a cellular telecommunications provider). No assignee or subtenant (other than a Permitted Transferee) or any other tenant in the exception Buildings shall have any rights pursuant to this Section, except that any approved sublessee or assignee of any Permitted Transferee under Article 14 which Tenant that occupies a minimum of 10,000 more than twenty thousand (20,000) rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying TransfereePremises shall have the benefit of Ten ant's express rights with respect to Communication Equipment shall be subject to all under the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow Section 25(t) (but in no event will any third party to use any portion of the roof for Communication Equipment subtenant or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves assignee have the right to use a portion install telecommunications equipment for unrelated parties. Landlord and Tenant agree that Tenant's rights under the terms of this Section 25(t) to access the roof of the roof "Buildings" applies to both Buildings so long as Tenant is leasing space on in both Buildings, but if Tenant is only leasing space in one (1) Building, then "Buildings" hereunder is deemed to mean the one (1) specific Building or lease roof space on the Building to other parties; provided, however, any party to in which Landlord leases such roof space shall be subject to similar restrictions Tenant is leasing space. Except as expressly set forth to the contrary, the provisions of this Section 25(t) are personal to Ciena Corporation and any Permitted Transferee that has assumed in writing all of Ciena Corporation's obligations under this Article 22.Lease in its entirety, and may be exercised only by Ciena Corporation and such Permitted Transferee and not by any assignee or other subtenant of Ciena Corporation. (u)

Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R's’s, Tenant and Tenant's ’s contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"“Communication Equipment”), for the purpose of receiving and sending telephone and other communication signalssignals servicing the business conducted by Tenant from within the Premises, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing; provided, however, in no event shall Tenant be permitted to use more than twenty-five percent (25%) of the space available for such Communications Equipment on the roof of the Building. Subject to the applicable restrictions below, as of April 1, 2003, Landlord hereby approves Tenant’s existing Tenant’s Communication Equipment. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's ’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's ’s prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's ’s prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's ’s electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, at Tenant's ’s sole cost and expense, of those areas on the roof of the Building surrounding Tenant's ’s Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's ’s installation, operation or maintenance of Tenant's ’s Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's ’s rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"“Qualifying Transferee”); provided, however, such Qualifying Transferee's ’s rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's ’s consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's ’s expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the . (ix) Tenant hereby expressly acknowledges Landlord’s continued right (i) to use a portion of the roof space on the Building itself utilize any rooftop space, and (ii) to re-sell, license or lease roof of any rooftop space on the Building to other partiesan unaffiliated third party; provided, however, any party to which such Landlord leases such roof space (or third-party) use shall be subject to similar restrictions as set forth in this Article 22not materially interfere with (or preclude the installation of) Tenant’s Communication Equipment.

Roof Rights. (a) Subject to all governmental laws, rules and regulations and compliance with the CC&R'srequirements of this Section 19.01, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to may install, repairmaintain and operate, replaceat Tenant’s sole cost and expense, remove, operate and maintain satellite dishes and/or microwave dishes, antennas and other radio transmitting telecommunications equipment and receiving antennae, together with all necessary cable, wiring, conduits and related equipment infrastructure (collectively, "COMMUNICATION EQUIPMENT")the “Roof Equipment”) in an area up to 25 square feet on the portion of the roof of the Building initially as shown on the plan attached hereto as Exhibit EE (“Tenant’s Roof Space”) and vertically mounted antennae in the locations shown on Exhibit EE, subject to relocation as provided in this Article 19 or as agreed by the parties, but there shall be no increase in the Fixed Rent payable for Tenant’s right to use such area of the purpose of receiving and sending telephone and other communication signalsroof as permitted under this Article 19. Tenant may, at Tenant’s sole cost and expense, run a cable from the area in which the Roof Equipment is located into the Premises through conduit space shown on Exhibit EE attached hereto (subject to Landlord’s right to perform such work in areas outside the Premises in accordance with Section 4.05(a)). The size of the Roof Equipment, and the location thereof on the structure provided therefor on the roof of the Building, shall be subject to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant acknowledges that (i) Tenant’s use of the roof of the Building is a non-exclusive use and Landlord may permit any Person to use any other portion of the roof of the Building for any use (provided that Tenant’s use of the Tenant Roof Space shall be exclusive to Tenant); (ii) the installation of the Roof Equipment shall be deemed to be an Alteration; (iii) if Landlord’s structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the installation of the Roof Equipment, Landlord shall, prior to any installation of the Roof Equipment, perform the same at Tenant’s sole cost and expense of Landlord’s Actual Costs, plus Landlord’s 3% fee and 3% overhead (except with respect to Tenant’s Generator Equipment); (iv) without limiting the other conditions set forth in this Section 19.01, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the provisions of Section 4.02 and the other provisions of this Lease applicable to Alterations; (v) Tenant, at Tenant’s expense, shall comply with all Laws including, without limitation, any requirement to install screening surrounding such installations, and shall procure and maintain all necessary permits and approvals required therefor (Tenant hereby acknowledging that Landlord is making no representations as to the permissibility of any Roof Equipment on the roof of the Building as reasonably requested by any governmental authority having jurisdiction thereof); (vi) Tenant shall promptly repair any damage (whether structural or non-structural) caused to the roof or any other portion of the Building or its fixtures, equipment and reasonably approved appurtenances by reason of the installation, maintenance or operation of the Roof Equipment (or, at Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for the Actual Costs incurred by Landlord in writing. Tenant's installation connection with such performance (plus Landlord’s 3% fee and operation 3% overhead) within 30 days after rendition of a reasonably detailed xxxx therefor); (vii) the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Roof Equipment shall not interfere with the operation and maintenance of any necessary related equipment installations existing on the date Tenant installs the Roof Equipment, and the installation, operation and maintenance of any installations on the roof made by Landlord or by other tenants or occupants of the Building after the date Tenant installs the Roof Equipment (except those the location of which is mandated by Laws or another like circumstance as to which Landlord has no control) shall not interfere with the operation and maintenance of the Roof Equipment; (viii) if Tenant’s installation, operation or maintenance of the Roof Equipment shall interfere with Landlord’s rights (including, without limitation, costs Landlord’s right to use any other portion of obtaining the roof of the Building for any necessary permits and purposes) or the rights of connections to other present or future tenants or occupants in the Building's electrical system) , or if Landlord’s or another user’s installation, operation or maintenance of equipment on the roof shall interfere with Tenant’s rights under this Section 19.01, then, in any of the foregoing cases, the parties shall cooperate with one another in eliminating such interference; provided that the cost of remedying such interference shall be borne by Tenant. All the party which is suffering such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacementinterference, repair and maintenance, at Tenant's sole cost and expense, of those areas unless such party’s equipment was installed on the roof of the Building surrounding Tenant's Communication Equipment prior to the extent any installation on the roof of the Building of the interfering equipment by the interfering party, in which case the cost of remedying such replacement, repair or maintenance is required interference shall be borne by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. interfering party; (ivix) Tenant shall endeavor pay any additional or increased Actual Costs of insurance premiums incurred by Landlord, and shall obtain and pay Actual Costs of any additional insurance coverage for the benefit of Landlord in such amount and of such type as Landlord may reasonably require in connection with the Roof Equipment; and (x) no Roof Equipment shall violate the terms of any restrictive covenant and/or light and air easement recorded against the Land. Landlord shall use commercially reasonable efforts to obtain the right for Tenant to use space on the Communication Equipment so as not roof of other buildings in Xxxxxx Yards to cause any interference (i) install antennae and related equipment with any other communications from or a southern view, subject to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation availability of space, provided that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord parties shall not be liable to Tenant therefor. (vi) agree on Tenant's ’s specific rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld.rooftop (viib) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with If the installation, maintenance or use operation of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Roof Equipment shall remain revoke, negate or in any manner impair or limit any roof warranty or guaranty for the sole property of TenantBuilding, then Tenant shall reimburse Landlord for the Actual Costs incurred by Landlord as a result thereof. Tenant shall remove the Communication Roof Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect the Term, repair any damage to such Buildingthe roof of the Building caused by the installation or removal of the Roof Equipment and restore the rooftop or any other portions of the Building to their condition existing immediately prior to Tenant’s installation of the Roof Equipment, all at Tenant’s expense (or, at Landlord’s election, Landlord may do so shall perform such repairs and restoration and Tenant shall reimburse Landlord for the reasonable Actual Costs thereof within 30 days after rendition of a reasonably detailed xxxx therefor). Landlord shall have no liability to repair or maintain the Roof Equipment, nor shall Landlord be liable for any damage to the Roof Equipment, except to the extent such damage is caused by the negligence or willful misconduct of Landlord or any Landlord Indemnified Party. (c) For the purpose of installing, operating, repairing, replacing, inspecting or maintaining the Roof Equipment, Tenant shall have access to the roof of the Building at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] all times, and Landlord reserves shall have the right to use require, as a portion of condition to such access, that Tenant (or Tenant’s employee, contractor or other representative) at all times be supervised by the appropriate operations personnel who Landlord shall make available upon reasonable notice, and Tenant agrees to pay, within 30 days after demand therefor, the Actual Cost for such operations personnel. Landlord will install on the roof space on (i) a security card reader to restrict access to persons holding access cards issued by Landlord, and (ii) one or more security cameras, and, in each case, Tenant agrees to pay, within 30 days after demand therefor delivered together with reasonably detailed supporting documentation, the Building or lease roof space on the Building to other parties; providedActual Cost of such equipment and installation, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22plus Landlord’s 3% fee and 3% overhead.

Roof Rights. (a) Subject to the satisfaction, in Landlord’s reasonable judgment, of all governmental lawsof the conditions set forth in this Article, rules Tenant, at Tenant’s sole cost and regulations expense, may install and compliance maintain, on Tenant’s proportionate share (as determined from time to time based upon the number of rentable square feet of office space Tenant is leasing in the Building from Landlord) of roof space available for tenants’ equipment (the “Rooftop Area”), the location of which shall be mutually agreed to by Landlord and Tenant, (i) satellite dishes or antennae (collectively, the “Communications Equipment”) on the roof of the Building, and (ii) supplemental HVAC unit(s) or other similar reasonable equipment to support Tenant’s use and occupancy of the Premises on the roof of the Building (collectively, the “HVAC Equipment”), for use in connection with Tenant’s business in the CC&R'sPremises. Notwithstanding anything in this Article to the contrary, Tenant shall not be permitted to install the Communications Equipment or the HVAC Equipment unless (x) such Communications Equipment and Tenant's contractors HVAC Equipment each conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (as applicable, the “Communications Equipment Drawings” and the “HVAC Equipment Drawings”), which Communications Equipment Drawings and HVAC Equipment Drawings shall first be approved by subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed and (y) Landlord but approves, which approval shall not be unreasonably withheld or delayed delayed, the size, capacity, power, location and proposed placement and method of installation of such Communications Equipment and HVAC Equipment (as specified in Section 29.4 below)it being understood that Landlord may require, at Tenant’s expense, (I) shall have any HVAC dry coolers that are a part of the nonexclusive right and access, without further payment of Rent HVAC Equipment to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishesbe elevated on platforms, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT")II) louvers or undercuts to be added to the any screen wall, for the purpose purposes of receiving and sending telephone and other communication signalsair circulation). Tenant, at Landlord’s direction, shall cause the Communications Equipment and the HVAC Equipment to be painted in a location nonmetallic paint to match the materials on the penthouse. In addition, if the installation of the Communications Equipment and/or the HVAC Equipment on the roof of the Building would penetrate the roof of the Building, then Tenant shall not be permitted to install the Communications Equipment and/or the HVAC Equipment, as reasonably requested by applicable, unless Tenant and reasonably approved by Landlord obtains the approval of Landlord, in writing, which approval shall be in Landlord’s sole discretion. Tenant's installation The Communications Equipment and operation of the Communication HVAC Equipment shall be governed installed by a contractor reasonably acceptable to Landlord and thereafter shall be properly maintained by Tenant, all at Tenant’s sole expense. At the following terms expiration or earlier termination of the Lease Term, the Communications Equipment and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication HVAC Equipment shall be subject removed from the Building at Tenant’s sole cost and expense and that portion of the Building that has been affected by the Communications Equipment and the HVAC Equipment shall be returned to the condition it was in prior to the installation of the Communications Equipment and the HVAC Equipment, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay all governmental lawssubscription fees, rules usage charges and regulations hookup and disconnection fees associated with Tenant’s use of the Communications Equipment and the HVAC Equipment and Landlord makes shall have no representations that such laws, rules and regulations permit such installation and operationliability therefor. Any such installation shall be under the supervision All of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease, including, without limitation, the insurance, maintenance, repair, release and indemnification provisions shall apply and be applicable to Tenant’s installation, operation, maintenance and removal of the Communications Equipment and the HVAC Equipment. (iib) The exact Except as shown on the Communications Equipment Drawings and/or the HVAC Equipment Drawings, as applicable, as reasonably approved by Landlord, Tenant shall not make any modification to the design, structure or systems of the Building, required in connection with the installation of the Communications Equipment and/or the HVAC Equipment without Landlord’s prior written approval of such modification and the plans therefor, which approval shall be granted, conditioned or withheld by Landlord in accordance with the standards for the initial installation thereof pursuant to Section 27.1(a) above. Tenant agrees that, in addition to any indemnification provided Landlord in this Lease, Tenant shall indemnify and shall hold Landlord and Boston Properties, Inc., Boston Properties Limited Partnership, Xxxxxxxx’s managing agent, and their employees, shareholders, partners, members, officers and directors, harmless from and against all costs, damages, claims, liabilities and expenses (including attorneys’ fees and any costs of litigation) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from Xxxxxx’s use of the Communications Equipment and the HVAC Equipment and/or the conduits to connect the Premises to the Communications Equipment and the HVAC Equipment. (c) Tenant, at its sole cost and expense, shall secure all necessary permits and approvals from all applicable governmental agencies with respect to the size, qualityplacement and installation of the Communications Equipment and the HVAC Equipment (and Landlord shall reasonably cooperate in good faith with Tenant upon request, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject at no cost or expense to Landlord's prior written consent which , in connection with Tenant’s efforts to obtain all such permits and approvals). In the event Tenant is unable to obtain the necessary approvals and permits from any applicable federal, state, county or other local governing authorities for the Communications Equipment and/or the HVAC Equipment, Tenant shall have no remedy, claim, cause of action or recourse against Landlord, nor shall such failure or inability to obtain any necessary permits or approvals provide Tenant the opportunity to terminate this Lease. (d) Landlord makes no representations or warranties concerning the suitability of the Building for the installation operation, maintenance and repair of the Communications Equipment or the HVAC Equipment, Tenant having satisfied itself concerning such matters. (e) Tenant shall not be unreasonably withheld have access to the Communications Equipment or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to HVAC Equipment without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld or delayedgranted to the extent necessary for Tenant to perform its maintenance, repair, replacement, installation and removal obligations hereunder and only if Tenant is accompanied by Xxxxxxxx’s representative (if Landlord so requests, in which event Landlord and Tenant shall coordinate reasonably to accomplish the same). Any such access by Tenant shall be subject to reasonable rules and regulations relating thereto established from time to time by Landlord, including without limitation rules and regulations prohibiting such access unless Tenant is accompanied by Xxxxxxxx’s representative and Xxxxxx’s agreement to reimburse Landlord for costs incurred by Landlord to make Xxxxxxxx’s representative available to accompany Tenant if after normal business hours. (iiif) All costs of installationUpon at least thirty (30) days’ prior written notice to Tenant, operation Landlord shall have the right to require Tenant to relocate the Communications Equipment and/or the HVAC Equipment, if in Landlord’s opinion such relocation is necessary. Any such relocation shall be performed by Tenant at Landlord’s expense, and maintenance in accordance with all of the Communication requirements of this Article. Nothing in this Article shall be construed as granting Tenant any line of sight easement with respect to such Communications Equipment; provided, however, that if Landlord requires that such antenna be relocated in accordance with the preceding two (2) sentences, then Landlord shall use reasonable efforts to provide either (i) the same line of sight for such Communications Equipment and any necessary related equipment as was available prior to such relocation, or (includingii) a line of sight for such Communications Equipment which is functionally equivalent to that available prior to such relocation. (g) It is expressly understood that by granting Tenant the right hereunder, without limitation, costs of obtaining any necessary permits and of connections Landlord makes no representation as to the Building's electrical system) shall be borne by Tenantlegality of such Communications Equipment or HVAC Equipment or its installation. All In the event that any federal, state, county, regulatory or other authority requires the removal or relocation of such Communication Communications Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. and/or HVAC Equipment, Tenant shall be responsible for the replacement, repair and maintenance, remove or relocate such Communications Equipment and/or HVAC Equipment at Tenant's ’s sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) and Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes under no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not circumstances be liable to Tenant therefor. (vih) Tenant's ’s rights under this Article are personal to and may be exercised only by FireEye, Inc. and shall not be exercisable by any assignee or subtenant of FireEye, Inc., except an assignee constituting an Affiliate of Tenant or a Parent of Tenant under section 7.4 of the Lease. (i) Except as otherwise expressly provided for in this Article XXVII, Xxxxxx’s right to use the roof of the Building for the Communications Equipment and the HVAC Equipment shall be at no additional rental charge to Tenant during the Lease Term. 27.2 Tenant shall maintain such insurance as is appropriate with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation operation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Communications Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition HVAC Equipment. Landlord shall have no liability on account of any governmental law damage to or regulation which may require removal, interference with the operation of the Communications Equipment or the HVAC Equipment except for physical damage caused by Landlord’s gross negligence or willful misconduct and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration Landlord expressly makes no representations or earlier termination of this Lease warranties with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of capacity for Communications Equipment placed on the roof space on the Building or lease roof space on penthouse of the Building to other parties; providedreceive or transmit signals. The operation of the Communications Equipment and the HVAC Equipment shall be at Tenant’s sole and absolute risk. Upon the written request of Tenant from time to time, however, Landlord shall cause any party subsequent roof user who installs roof equipment after the Communications Equipment and the HVAC Equipment is installed and operational to which Landlord leases modify or discontinue such roof space shall be subject to similar restrictions use if the same unreasonably interferes with Tenant’s previously installed and operational Communications Equipment and/or HVAC Equipment, as set forth in this Article 22applicable.

Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R'savailability, Tenant shall be permitted, at its sole cost and expense, to install equipment for telecommunications, data transmission, antennas and satellite dishes, Tenant's contractors -specific dunnage, mechanical equipment, heat exchangers and HVAC equipment (“Tenant’s Rooftop Equipment”) on the rooftop of the Building. The exact specifications of Tenant’s Rooftop Equipment, the method of installing the Tenant’s Rooftop Equipment and the location on the rooftop for Tenant’s Rooftop Equipment shall all be subject to Landlord’s prior written approval, which shall first be approved by Landlord but which approval shall not be unreasonably withheld withheld, conditioned or delayed; however, Landlord’s determination of matters relating to the Base Building shall be in Landlord’s sole discretion. Tenant and Tenant’s contractors shall, upon reasonable prior notice to Landlord, have reasonable access to the roof in order to inspect, service, repair, maintain and replace any Tenant’s Rooftop Equipment located thereon, subject to Landlord’s reasonable rules and regulations relative to the access to and use of the rooftop. Tenant shall use Landlord’s roof contractor for the installation of flashing for any rooftop penetrations necessary for the placement of Tenant’s Rooftop Equipment on the rooftop of the Building. Tenant’s use of Tenant’s Rooftop Equipment shall be upon all of the conditions of the Lease, except as modified below: A. It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing all necessary connections (the “Connections”) between Tenant’s Rooftop Equipment and the Premises. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate the Connections in any portion of the Building until (x) Tenant shall have obtained Landlord’s prior written approval, which approval will not be unreasonably withheld, conditioned or delayed (however, Landlord’s determination of matters relating to the Base Building shall be in Landlord’s sole discretion), of Tenant’s plans and specifications for the placement and installation of the Connections, and (y) Tenant shall have obtained and delivered to Landlord copies of all required governmental and quasi-governmental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Connections. Landlord shall inform Tenant at the time of its review of the Connections whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease. B. Except as specified otherwise set forth in this Lease, Landlord shall have no liability to Tenant for the installation and subsequent operation of Tenant’s Rooftop Equipment. C. Landlord shall have no obligation to provide any services to Tenant’s Rooftop Equipment, provided, however, Tenant shall have the right to access telephone/data closets and shafts and conduits in the Building, plenum areas and other pathways in the Building in order to connect the Tenant’s Rooftop Equipment to the Premises, subject to Landlord’s right to reasonably approve such connections and to Landlord’s reasonable rules and regulations relative to the access to and the use of such areas within the Building. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 29.4 below)9.28, arrange for all utility services required for the operation of Tenant’s Rooftop Equipment. D. Tenant shall, at its sole cost and expense, be solely responsible for all maintenance and repair to Tenant’s Rooftop Equipment and the Connections. E. Tenant shall have no right to make any changes, alterations, signs, or other improvements to Tenant’s Rooftop Equipment or the Connections without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; however, Landlord’s determination of matters relating to the Base Building shall be in Landlord’s sole discretion. F. Tenant shall be responsible for the cost of repairing any damage to the Building caused by its use of Tenant’s Rooftop Equipment and the Connections or any work related thereto. G. Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Building) shall have the nonexclusive right to connect to Tenant’s Rooftop Equipment other than Tenant. H. To the maximum extent permitted by law, but except to the extent resulting from the negligence or willful misconduct of Landlord or any of Landlord’s agents, employees or contractors, Tenant’s use of Tenant’s Rooftop Equipment and accessthe Connections shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that Tenant’s Rooftop Equipment and the Connections are damaged for any reason. I. Tenant shall comply with all applicable laws, ordinances and regulations in Tenant’s use of Tenant’s Rooftop Equipment and the Connections. J. Tenant’s Rooftop Equipment and the Connections shall not interfere with the maintenance, use, occupancy or operation of the Building by Landlord or any other tenant, occupant or licensee of the Building (including, without further payment limitation, interference with any communications equipment, telephones, radios, CATV, MATV, televisions, HVAC systems, elevators or computers in place as of Rent the date Tenant installs Tenant’s Rooftop Equipment and Connections). In the event any such interference is not cured by Tenant within thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the right to require Tenant to relocate or remove Tenant’s Rooftop Equipment causing such disturbance. K. Landlord shall have the right, upon no less than ninety (90) days’ notice to Tenant and at Landlord’s sole cost and expense, to install, repair, replace, remove, operate relocate any of Tenant’s Rooftop Equipment and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a Connections to another location on the roof of the Building as reasonably requested by acceptable to Tenant and reasonably approved by Landlord in writing. provided that such relocation does not adversely affect Tenant's installation and operation ’s use of the Communication Tenant’s Rooftop Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that temporary arrangements for Tenant’s Rooftop Equipment to continue to operate during such laws, rules relocation. L. Tenant’s Rooftop Equipment and regulations permit such installation and operation. Any such installation the Connections shall be under deemed to be a part of the supervision Premises for the purposes of the indemnity and insurance provisions of Article VIII above. In addition to and not in limitation of the foregoing, Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord any person, firm, corporation, or other entity arising from Tenant’s use of Tenant’s Rooftop Equipment and shall be installed in a lien-free manner in accordance with the provisions of this LeaseConnections. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, M. Landlord shall have the Communication Equipment shall be subject right to Landlord's prior written consent which shall not be unreasonably withheld designate or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication identify Tenant’s Rooftop Equipment and any necessary related equipment components or conduits with or by a lease or license number (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical systemor other marking) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. place such number (or marking) on or near such Tenant’s Rooftop Equipment. N. To the extent such removal requirement was specified by Landlord to Tenant at the time Landlord approved Tenant’s plans therefor, Tenant shall be responsible for the replacement, repair and maintenance, at required to remove Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication ’s Rooftop Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense Connections upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect and to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves repair any damage caused by the right to use a portion installation or removal of the roof space on same and restore the Building or lease roof space on impacted portions of the Building to other parties; provided, however, any party the condition they were in prior to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22installation.

Roof Rights. (a) Subject to all governmental lawsthe provisions of Article 8 of this Lease, rules and regulations and compliance with the CC&R's, Tenant and Tenant's contractors if sufficient space is available (which shall first be approved by Landlord but which approval it being understood that space shall not be “available” to the extent Landlord reserves space for other tenants or occupants of the Building), Landlord shall not unreasonably withheld withhold its consent to the installation by Tenant of one or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and accessmore communications antennae, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain microwave or satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cablerelated equipment, wiringmountings, conduits and related equipment supports (collectively, "COMMUNICATION EQUIPMENT"“Telecommunications Equipment”), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested in an area to be identified by Landlord which is practicable for the operation of Telecommunications Equipment. Landlord shall provide Tenant with a reasonable amount of space on the roof of the Building to install Tenant’s Telecommunications Equipment (but in no event shall the aggregate amount of such space exceed at any point in time twenty-five (25) square feet) and a pathway for two (2) two conduits of two (2) inches each from the Premises to the roof of the Building in connection therewith, subject to the terms of this Article. Tenant acknowledges and agrees that any use of the roof space by Tenant and reasonably approved by Landlord in writing. Tenant's for the installation and operation of the Communication Tenant’s Telecommunications Equipment shall be governed by on a non-exclusive basis, except as to that portion of the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved roof space provided by Landlord to Tenant as aforesaid. Tenant may use the roof space and shall be installed in a lien-free manner in accordance with Telecommunications Equipment solely for Tenant’s own use (and not for resale purposes). The height, diameter, design and installation of the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication satellite dishes or other Telecommunications Equipment shall be subject to Landlord's prior written consent ’s approval, which shall not be unreasonably withheld or delayed. In additionconnection therewith, Landlord shall make available to Tenant reasonable adjacent space for access to the roof space for the construction, installation, protection for roof membranemaintenance, specifications for roof penetration and flashing shall be subject to Landlord's prior written consentservice, which shall not be unreasonably withheld or delayed. (iii) All costs of installationrepair, operation and maintenance use of Tenant’s Telecommunications Equipment. All work in connection with the installation of Tenant’s Telecommunications Equipment, including core drilling and reinforcing the roof of the Communication Equipment and any necessary related equipment (includingBuilding, without limitationif required, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, performed at Tenant's ’s sole cost and expense, including the cost of those areas on the roof of the Building surrounding Tenant's Communication Equipment a fire watch and related reasonable, out-of-pocket supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall reasonably prescribe. References in this Article to the extent any Telecommunications Equipment shall be deemed to include such replacementriser and the electrical and telecommunication conduits therein. Subject to Section 8.3(d) of this Lease, repair or maintenance is required there shall be no charge for the installation and use by virtue Tenant of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease’s Telecommunications System pursuant hereto. (ivb) Tenant shall endeavor to use the Communication and maintain Tenant’s Telecommunications Equipment so as not to cause any damage to or interference with (i) with any other communications from the operation of the Building or to the Project Building systems or (ii) any Telecommunications Equipment installed on the roof space by licensees, occupants and other tenants in the Building prior to the installation of Tenant’s Telecommunications Equipment. The installation of any Telecommunications Equipment shall constitute a Specialty Alteration and shall be performed at Tenant’s sole cost and expense (including any costs and expenses in connection with reinforcing the roof of the Building, if required) in accordance with and subject to the provisions of Article 8. All of the provisions of this Lease shall apply to the installation, use and maintenance of Tenant’s Telecommunications Equipment, including all provisions relating to compliance with Laws (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. The roof space and Telecommunications Equipment shall not be used or occupied by others, and the license granted by this Article shall be personal to Original Tenant and shall not be transferred, assigned, sublicensed or exercised by any other existing party. Tenant’s Telecommunications Equipment shall be treated for all purposes of this Lease as Tenant’s Property. (c) If any of Tenant’s Telecommunications Equipment interferes with or disturbs Landlord’s use of the roof, including the use by Landlord or other tenants, licensees or occupants of the Building of their Telecommunications Equipment installed prior to the installation of Tenant’s Telecommunications Equipment, or the operation of the Building or the Building systems, then following demand by Landlord, Tenant shall promptly relocate all or a portion of the Telecommunications Equipment to another area on the roof designated by Landlord which is practicable for the operation of Telecommunications Equipment. Such relocation shall be at Tenant’s sole cost and expense. If Landlord shall determine, in its reasonable judgment, that any Tenant’s Telecommunications Equipment (i) will cause a health hazard or danger to property, (ii) will not be in accordance with applicable Laws, or (iii) interferes with or disturbs Landlord’s use of the roof, including the use by Landlord or other tenants or occupants of the Building of data transmission equipment thereon installed prior to the installation of Tenant’s Telecommunications Equipment, or the operation of the Building or the Building Systems, then, if Tenant is unable to promptly cause such Telecommunications Equipment to comply with such Laws, xxxxx such health hazard, danger to property or interference, Tenant, at its sole cost and expense, shall remove such Telecommunications Equipment from the roof of the Building and, Tenant may, at Tenant’s option, but subject to Landlord’s approval as provided in (a) above, replace such Telecommunications Equipment with Telecommunications Equipment which complies with such Laws and/or does not cause such health hazard, danger to property or interference. Notwithstanding the foregoing, Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the Project who may event of an emergency) require Tenant, using Landlord’s roofing contractor and any other contractors reasonably required by Landlord, to relocate Tenant’s Telecommunications Equipment to another area on the roof designated by Landlord which is practicable for the operation of Telecommunications Equipment, at Landlord’s sole cost and expense. Any such relocation shall be done with the least practicable interference with Tenant’s use of Tenant’s Telecommunications Equipment, it being understood that the communication facilities located at foregoing shall in no event require the Project and/or related facilitiesuse of “overtime” unless such work will materially interfere with Tenant’s business operations in the Premises. (vd) If during the Lease Term, Tenant shall cease to use any Tenant’s Telecommunications Equipment located on the roof of the Building for a period of time in excess of two (2) years, Tenant shall, at its sole cost and expense, remove such Telecommunications Equipment from the roof of the Building within ninety (90) days after receipt of notice from Landlord to so remove such Telecommunications Equipment, and Tenant shall have no further rights to use any space on the roof of the Building under this Article 23. (e) Other than as set forth in this Article, Landlord shall not have any obligations with respect to Tenant’s Telecommunications Equipment or compliance with any Laws (including the Communication Equipmentobtaining of any required permits or licenses, or the maintenance thereof) relating thereto. Landlord makes no representation that the Communication Tenant’s Telecommunications Equipment will be permitted by Laws or be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (viif) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication use of Tenant’s Telecommunications Equipment, (ii) promptly pay any tax, license license, permit or permit other fees charged or charges imposed pursuant to any laws Laws or regulations in connection with insurance requirements relating to the installation, maintenance or use of the Communication Equipment and such Telecommunications Equipment, (iii) promptly comply with all precautions and safeguards recommended reasonably required by Landlord’s insurance company and all governmental authorities, and (iiiiv) pay for perform all necessary repairs or replacements to, or maintenance of, such Telecommunications Equipment, provided, however, that if Tenant’s failure to so repair, replace or maintain such Telecommunications Equipment jeopardizes the property of Landlord or any other tenant located on the roof or within the Building, Landlord may, at Landlord’s option and after ten (10) days’ notice to Tenant (except in an emergency), elect to perform such repairs, replacements to or maintenance of the Communication Equipment at Tenant’s sole cost and all roof repairs required by the installation and maintenance of the Communication Equipmentexpense. (viiig) The Communication Equipment Tenant acknowledges and agrees that the privileges granted Tenant under this Article shall remain not, now or at any time after the sole property installation of Tenant. ’s Telecommunications Equipment, be deemed to grant Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration a leasehold or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair other real property interest in the Building or any portion thereof, including the Building’s roof. The license granted to Tenant in this Article shall automatically terminate and expire upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect (including extensions or renewals) and the termination of such license shall be self-operative and no further instrument shall be required to effect such Buildingtermination. Notwithstanding the foregoing, Landlord may do so upon request by Landlord, Tenant, at Tenant's ’s reasonable expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] , shall promptly execute and deliver to Landlord, in recordable form, any certificate or other document reasonably required by Landlord reserves confirming the termination of Tenant’s right to use a the roof of the Building. (h) Tenant, at Tenant’s sole cost and expense, shall paint or otherwise obtain and maintain Tenant’s Telecommunications Equipment in white or such other color as Landlord shall determine (other than the antenna itself if paint would interfere with the operation of same, or if the same is not reasonably available in the color specified by Landlord) and shall install such lightning rods, air terminals or screening on or about Tenant’s Telecommunications Equipment as Landlord may reasonably require. EXECUTED in one or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.2 above. LANDLORD: BP 000 XXXX XXXXXX LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President TENANT: EPOCH INVESTMENT PARTNERS, INC. By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Chief Executive Officer Solely as to Section 11.12: THE 000 XXXX XXXXXX CONDOMINIUM By: Its Board of Managers By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: President ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of 00xx Xxxxxx with the easterly side of Park Avenue; running thence easterly along the northerly side of 00xx Xxxxxx 405 feet to the corner formed by the intersection of the northerly side of 00xx Xxxxxx with the westerly side of Lexington Avenue; thence northerly along the westerly side of Lexington Avenue 200 feet 10 inches to the corner formed by the intersection of the westerly side of Lexington Avenue with the southerly side of 54th street; thence westerly along the southerly side of 54th Street, 405 feet to the corner formed by the intersection of the southerly side of 00xx Xxxxxx with the easterly side of Park Avenue; thence southerly along the easterly side of Park Avenue 200 feet 10 inches to the corner formed by the intersection of the easterly side of Park Avenue with the northerly side of 00xx Xxxxxx at the point or place of BEGINNING. The portion of the roof space Building demised to Tenant pursuant to the Lease (the “Premises”) shall mean the 31st Floor Premises and the 32nd Floor Suite A Premises, and, if leased by Tenant pursuant to the terms of this Lease, the 32nd Floor Suite B Premises and/or the 32nd Floor Suite C Premises, all as shown on the floor plans annexed to this Exhibit B and forming a part hereof, in each case within the outside walls of the Building, excluding the area occupied by Building stairs, fire towers, elevator shafts, core lavatories, flues, vents, stacks, pipe shafts and vertical ducts, with their enclosing walls (but including the area occupied by the shafts and machinery for any private elevators, pneumatic tubes, conveyors, mail chutes and the like installed by Tenant, and the interior walls and partitions enclosing such shafts and machinery). The following is a schedule of rentable area (in square feet) of each relevant floor or lease roof space on in the Building to other parties; providedBuilding, however, any party to which as agreed by Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22and Tenant: FLOOR RENTABLE AREA 31st Floor Premises 25,097 32nd Floor Suite A Premises 14,376 32nd Floor Suite B Premises 4,928 32nd Floor Suite C Premises 5,792 Landlord and Tenant agree that the total rentable area of Unit 1 for purposes of calculating Tenant’s Share is 564,012 square feet.

Roof Rights. (a) The provisions of this Article 12 shall not apply with respect to any approval by Landlord required in connection with work relating to the Roof Equipment installed by Tenant in connection with Tenant’s Work to the extent Landlord’s approval has already been obtained in connection with such Tenant’s Work, but rather shall only apply with respect to the subsequent use and maintenance thereof. Subject to all governmental laws, rules and regulations and compliance with the CC&R'srequirements of this Section 12.01, Tenant may install, maintain and operate, at Tenant's contractors ’s sole cost and expense, satellite dishes, antennas and other telecommunications equipment and infrastructure (which shall first be approved collectively, the “Roof Equipment”) in the area of the roof of the Building shown on the plan attached hereto as Exhibit O, subject to relocation as provided in this Article 12 or as agreed by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) the parties. Tenant shall have the nonexclusive right right, at Tenant’s sole cost and access, without further payment of Rent to Landlordexpense, to installrun a cable from each area in which the Roof Equipment is located into the Premises through conduit space shown on Exhibit L attached hereto. Upon request by Tenant, repairLandlord shall provide additional shaft space for Tenant’s connection of the Roof Equipment to the Premises or other equipment of Tenant if, replaceat the time of such request, removein Landlord’s reasonable judgment, operate such additional shaft space is available for Tenant’s use, taking into account the then existing and maintain satellite dishes and/or microwave dishesfuture needs of other then existing and future occupants and other needs of the Building. The size of the Roof Equipment, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location thereof on the structure provided therefor on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to installBuilding, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall ’s approval, not to be unreasonably withheld withheld, delayed or delayed. In addition, conditioned; provided that Tenant shall be entitled to use for the installation, protection maintenance and operation of the Roof Equipment such portion of the area shown on Exhibit O as is proportionate to Tenant’s leasing of space in the Building relative to the total amount of space in the Building, on a rentable square foot basis. Tenant acknowledges that (i) Tenant’s use of the roof of the Building is a non-exclusive use and Landlord may permit any person or entity to use any other portion of the roof of the Building for roof membrane, specifications for roof penetration and flashing any use; (ii) the installation of the Roof Equipment shall be subject deemed to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. an Alteration; (iii) All costs of installation, operation and maintenance if Landlord’s structural engineer recommends that there be structural reinforcement of the Communication Equipment roof of the Building in connection with the installation of the Roof Equipment, Tenant shall, prior to any installation of the Roof Equipment, perform the same at Tenant’s sole cost and any necessary related equipment expense in accordance with plans and specifications approved by Landlord; (iv) without limiting the other conditions set forth in this Section 12.01, such installation (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical systemstructural reinforcements performed in connection therewith) shall be borne by performed in compliance with all of the provisions of Section 4.02 and the other provisions of this Lease applicable to Alterations; (v) Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, at Tenant's sole cost and ’s expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authoritiesLaws including, and (iii) pay for all necessary repairswithout limitation, replacements any requirement to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removalinstall screening surrounding such installations, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment procure and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.maintain all necessary

Roof Rights. Subject Landlord hereby grants to all governmental laws, rules and regulations and compliance with Tenant an exclusive license (the CC&R's, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)“License”) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, maintain and operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant antenna or satellite dish equipment not exceeding four hundred square feet of roof space (the “Antenna Equipment”) in accordance with and reasonably approved by Landlord in writingsubject to the terms and conditions set forth below. Tenant's installation and operation of the Communication The Antenna Equipment shall be governed installed at a location(s) designated by Landlord and reasonably acceptable to Tenant (such location(s) as the following terms same may be expanded from time to time, being the “Licensed Area”). The Licensed Area shall be considered to be a part of the Premises for all purposes under the Lease, and conditions:except as otherwise expressly provided in this Paragraph all provisions applicable to the use of the Premises under the Lease shall apply to the Licensed Area and its use by Tenant. (i) Tenant's right The Term of the License shall be coterminous with this Lease, as it may be extended or renewed; (ii) Tenant shall not be obligated to installpay any license fee for the use of the Licensed Area pursuant to this Paragraph 43 during the Term of this Lease, replaceas the same may be extended or renewed. (iii) Tenant shall use the Licensed Area only for the installation, operation, repair, removereplacement and maintenance of the Antenna Equipment and the necessary mechanical and electrical equipment to service said Antenna Equipment, operate and maintain for no other use or purpose. The installation of the Communication Antenna Equipment, and all equipment and facilities related thereto, including any required screening for the Antenna Equipment and any required conduit from the Premises to the Antenna Equipment, shall be deemed to constitute an Alteration subject to the provisions of Paragraph 13 of this Lease, provided that Landlord shall not unreasonably withhold, condition or delay its approval of the same. Landlord may require appropriate screening for the Antenna Equipment as a condition of Landlord’s approval of the installation of the Antenna Equipment in a particular location. Tenant may have access to the Licensed Area for such uses at all times upon reasonable prior notice to Landlord and shall reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection therewith; (iv) The Antenna Equipment shall be subject used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant’s facilities within the Premises for Tenant’s use, and shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties; (v) Landlord reserves the right upon reasonable prior written notice to Tenant to require the removal of the Antenna Equipment should Landlord reasonably determine that its presence results in material damage to the Building unless Tenant makes satisfactory arrangements to protect Landlord therefrom; (vi) Tenant shall require its employees, when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any communications system or broadcast or receiving facilities are operating in the area, Tenant shall at all governmental laws, rules and regulations and Landlord makes no representations times during the term of the License conduct its operations so as to ensure that such lawssystem or facilities shall not be subjected to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, rules Tenant agrees to promptly take the necessary steps to correct such situation, and regulations permit such installation and operation. Any such installation Tenant’s failure to do so shall be deemed a default under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions terms of this Lease. (iivii) The exact sizeDuring the term of the License, qualityTenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the Antenna Equipment poses a health or safety hazard to occupants of the Building, materials and aesthetics ofLandlord may require Tenant to make arrangements satisfactory to Landlord to mitigate such hazard or, and any required screening forif Tenant either fails or is unable to make such satisfactory arrangements, to remove the Communication Antenna Equipment. Any claim or liability resulting from the use of the Antenna Equipment or the Licensed Area shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs indemnification provisions of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, at Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect applicable to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or Tenant’s use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment.Premises; (viii) The Communication Equipment shall remain During the sole property term of Tenant. the License, Tenant shall remove pay all taxes attributable to the Communication Antenna Equipment and related other equipment at owned and installed by Tenant's sole expense upon , and Tenant shall assure and provide Landlord with reasonable evidence that the Licensed Area and Tenant’s use thereof are subject to the insurance coverages otherwise required to be maintained by Tenant as to the Premises pursuant to Paragraph 8.2 above; (ix) Upon the expiration or sooner termination of this Lease the Lease, Tenant shall remove the Antenna Equipment and all related equipment and facilities, including any conduit from the Premises to the Antenna Equipment, from the Licensed Area and any other portions of the Building within or upon which the imposition of any governmental law or regulation which same may require removalbe installed, and shall repair restore the Building upon Licensed Area and all other areas affected by such removal to the extent required by such work of removal. If Tenant fails their original condition, reasonable wear and tear, casualty, condemnation and Landlord’s maintenance, repair, replacement and restoration obligations excepted, all at its sole cost and expense. (x) Tenant’s rights under this Paragraph 43 belong solely to remove the Communication Equipment Bloom Energy Corporation, a Delaware corporation, and repair the Building within thirty (30) days after the expiration or earlier termination of to any Permitted Transferee to which this Lease with respect to is assigned or transferred, and any other attempted assignment or transfer of such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space rights shall be subject to similar restrictions as set forth in this Article 22void and of no force and effect.

Roof Rights. Subject At any time during the Full Sublease Term, subject to all governmental laws, rules and regulations and compliance with the CC&R's, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to Applicable Laws Sublessee may install, repairat Sublessee’s sole cost and expense, replacetelecommunications antennas, remove, operate and maintain satellite microwave dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related communications equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on “Telecommunications Equipment”) upon the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writingSubleased Premises. Tenant's installation and operation The physical appearance of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Telecommunications Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operationSublessor’s reasonable approval. Any such installation Such approval shall be under deemed to have been granted unless prior to the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance expiration of the Communication Equipment ten (10) day period immediately following Sublessor’s receipt of the request for approval, together with plans depicting the location of same, Sublessor fails to deliver to Sublessee written notice of its disapproval of same and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) provide reasons for such disapproval. The designated location shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible provide for the replacementproper functioning of Sublessee’s Telecommunications Equipment. At the time of the request for approval, repair and maintenanceSublessor may require Sublessee to install screening around such Telecommunications Equipment, at Tenant's Sublessee’s sole cost and expense, as reasonably designated by Sublessor. Sublessee shall be responsible for securing the approval of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is all governmental authorities and all permits required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication governmental authorities having jurisdiction over such approvals and permits for the Telecommunications Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon provide copies of such removal approvals and permits to the extent required by Sublessor. Sublessee shall maintain such work of removalTelecommunications Equipment, at Sublessee’s sole cost and expense. If Tenant fails In addition, Sublessee shall, at Sublessee’s sole cost and expense, prior to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease Sublease, remove any Telecommunications Equipment and restore the affected area to the condition existing prior to Sublessee’s installation thereof, reasonable wear and tear and damage from casualty and condemnation, excepted. Sublessor acknowledges that Sublessee may be storing classified or confidential materials and information in connection with respect its business operations from the Subleased Premises. Accordingly, from and after delivery of possession to such Sublessee, neither Sublessor, Sublessor, or other occupant of the Subject Building, Landlord may do so nor any of their respective agents, employees or contractors shall go onto the roof without providing Sublessee at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion least five (5) business days’ prior written notice of the roof space on the Building or lease roof space on the Building to other partiesspecific date and time of such intended entry, which entry shall at all times be accompanied by a representative of Sublessee; provided, however, that Sublessee may also elect to reschedule such inspection upon notice to Sublessor. In addition, neither Prime Lessor, Sublessor, their respective agents and employees, nor any party other person shall install any equipment or make other alterations to the roof without the prior written notice to Sublessee, which Landlord leases approval shall not be withheld if such installation and use will not interfere with the proper operation of Sublessee’s equipment on the roof space and Sublessee’s security considerations. In connection with providing such consent, Sublessee shall have the right to review and approve any such equipment or alterations desired to be subject installed or made to similar restrictions as set forth in this Article 22the roof (including make and manufacturer), designate or approve the contractor or installer performing such work, and have a representative of Sublessee accompany such contractor or installer at any time such work on the roof is being performed.

Roof Rights. Subject 3.01 Tenant (or a transferee in connection with a Permitted Transfer) shall have the right to lease space on the roof of the Building for the purpose of installing (in accordance with 9.03 of the Lease), operating and maintaining up to six (6) 24 inch dish/antennae or other communication devices approved by the Landlord including all reasonable mountings and supports for the foregoing (collectively, the “Dish/Antenna”) and to run new lines and conduits and cables in locations determined by Landlord in its reasonable discretion, of the size, type and quality thereof, reasonably necessary for the operation of the Dish/Antenna from the location thereof into the Premises. The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed three (3) feet in diameter and ten (10) feet in height per Dish/Antenna (the “Roof Space”). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord’s designation shall take into account Tenant’s use of the Dish/Antenna. Notwithstanding the foregoing, Tenant’s right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord’s architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Landlord shall approve, disapprove or otherwise act with respect to the Plans and Specifications submitted to Landlord within seven (7) Business Days after Landlord’s receipt thereof. If Landlord rejects such Plans and Specifications, in whole or in part, Landlord shall specify in reasonable detail the reason for such rejection. Landlord shall approve, disapprove or otherwise act with respect to any resubmissions of such Plans and Specifications within five (5) Business Days after receipt by Landlord. If Landlord shall fail to approve, disapprove or otherwise respond within the seven (7) Business Day time period set forth above with respect to the initial submission of such Plans and Specifications, or within the five (5) Business Day time period for resubmissions set forth above, Tenant may deliver to Landlord a second written request (in large, capped and bolded font) for such approval that (a) specifically refers to the provisions of this Section 3.01 of this Exhibit F and (b) states that such consent will be deemed given upon Landlord’s failure to respond within such seven (7) Business Day or five (5) Business Day period, as applicable. If Landlord fails to respond within five (5) Business Days after Landlord’s receipt of such second written notice from Tenant, Landlord shall be deemed to have approved such Plans and Specifications or resubmissions, as applicable, effective as of the expiration of such second five (5) Business Day period. Tenant shall be solely responsible for obtaining all necessary governmental lawsand regulatory approvals and for the cost of installing, rules operating, maintaining and regulations and compliance removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord reasonably determines that the Dish/Antenna equipment does not comply with the CC&R'sapproved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant promptly shall cure the defects. If the Tenant fails to promptly cure the defects, Tenant shall pay to Landlord within 10 days of demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant's contractors ’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the “Aesthetic Screening”). 3.02 Landlord agrees that Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall first be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord but (which approval shall not be unreasonably withheld or delayed delayed), at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (as specified defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in Section 29.4 below)) shall have order to keep to a minimum the nonexclusive right number of people having access to the roof of the Building and accessthe Roof Space and the frequency of their visits. 3.03 It is further understood and agreed that the installation, without further payment maintenance, operation and removal of Rent the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives. 3.04 Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the reasonable judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space to a different location on the roof that does not cause such interference, taking into account and reasonable “line of sight” requirements of Tenant. At no cost to Landlord, Landlord agrees to reasonably cooperate with Tenant to avoid or eliminate unreasonable interference from new tenants or occupants of the Building or others to which Landlord grants Building roof rights subsequent to the date of Tenant’s installation of any of the Dish/Antenna. 3.05 Tenant shall, at its sole cost and expense, and at its sole risk, install, repair, replace, remove, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under the Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space. 3.06 The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of the Lease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation by or on behalf of Tenant shall be performed: (a) in a manner to avoid any interference with the satellite dishes and/or microwave dishes, and of any other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment tenants or occupants of the Building (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location which satellite dishes are located on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by date of the following terms and conditions: Lease); (ib) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance to avoid any interference with the provisions satellite dishes of this Lease. Landlord (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance regardless of the Communication Equipment and any necessary related equipment (including, without limitation, costs date such satellite dishes are located on the roof of obtaining any necessary permits and of connections to the Building's electrical system); and (c) shall be borne by Tenant. All such Communication Equipment shall be screened to in a manner using commercially reasonable standards and efforts to prevent visual impairment. Tenant shall be responsible for avoid any interference with the replacement, repair and maintenance, at Tenant's sole cost and expense, satellite dishes of those areas any other tenants or occupants of the Building (which satellite dishes are initially located on the roof of the Building surrounding after the date of the Lease). Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant's Communication Equipment ’s agents, employees or contractors. 3.07 In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antenna, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least 30 days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service. 3.08 Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose whatsoever, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building. 3.09 Tenant acknowledges that Landlord may at some time establish a standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into any such replacementcommercially reasonable License Agreement with Landlord provided that such agreement does not materially alter the rights of Tenant hereunder with respect to the Roof Space. 3.10 Tenant specifically acknowledges and agrees that the terms and conditions of Article 13 of the Lease (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, repair its representatives, agents, employees or maintenance is required contractors. 3.11 If Tenant defaults under any of the terms and conditions of this Section or the Lease, and Tenant fails to cure said default as provided by virtue Article 19 of Tenant's the Lease, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of an uncured default as provided above, Tenant shall be liable for all out-of-pocket costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building and the Roof Space caused by the installation, operation or maintenance of Tenant's Communication Equipmentthe Dish/Antenna, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authoritiesappurtenances, and (iii) pay for all necessary repairsthe Aesthetic Screening, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipmentif any. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.

Roof Rights. Subject Provided that Tenant is then in occupancy of the Premises, then, subject to availability, in accordance with, and subject to, this Section 29.38 (including Tenant’s obtaining all governmental laws, rules and regulations requisite permits and compliance with Landlord’s reasonable construction rules and conditions as well as Landlord’s reasonable approval of the CC&R'scontractors, vendors and materialmen in connection with the same, and confirmation from Landlord and its roofing contractor that such installation (including maintenance, repair, replacement and/or removal thereof) will not invalidate or otherwise adversely affect Landlord’s roof warranty), Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and accessexclusive right, without further payment of Rent at no additional fee (but subject to Landlord’s reasonable approval as provided in this Section 29.38), to installinstall and maintain, repairat Tenant’s sole cost and expense, replacetelecommunications antennas, remove, operate and maintain satellite microwave dishes and/or microwave dishes, and other radio transmitting and receiving antennaecommunications equipment, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at including a location standard-size DIRECTV dish on the roof of the Building (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as reasonably requested opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant and reasonably approved by from within the Premises (all such equipment is defined collectively as the “Telecommunications Equipment”) upon the roof of the Building. Landlord in writing. Tenant's installation makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Communication Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment shall be governed by and the following terms presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance, the size, the design and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication weight of the Telecommunications Equipment shall be subject to all governmental laws35654\12546889.9 06907\011\8493037.v6 Landlord’s reasonable approval, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit the location of any such installation and operation. Any such installation shall be under of the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Telecommunications Equipment shall be designated by Landlord subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration Tenant’s reasonable approval and flashing shall be subject Landlord may require Tenant to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All install screening around such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenanceTelecommunications Equipment, at Tenant's ’s sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any as designated by Landlord in Landlord’s sole discretion. Tenant shall maintain such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Telecommunications Equipment, notwithstanding anything at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the contrary contained in this Lease. (iv) Telecommunications Equipment, then Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) give Landlord shall not have any obligations with respect to the Communication Equipmentprior notice thereof. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted reimburse to allow any third party to use any portion of Landlord the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication actual costs reasonably incurred by Landlord in approving such Telecommunications Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication such Telecommunications Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect Lease, or, in the event Tenant no longer occupies the Premises, then upon the termination of Tenant’s rights under this Section 29.38, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such BuildingTelecommunications Equipment been installed (reasonable wear and tear excepted). Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, Landlord may do so at Tenant's expensewithout limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to use a any portion of the roof space on or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws and the Building Declaration. Tenant shall not be entitled to license its Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or lease roof space on any other consideration for the Building to other parties; provided, however, any party to which Landlord leases use of such roof space shall be subject to similar restrictions as set forth in this Article 22Telecommunications Equipment by an unrelated third party.

Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R's, 35.1 Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to may install, repair, replace, remove, operate and maintain maintain, for its sole use (or that of its subtenants), telecommunications transmission and receiving equipment (including, but not limited to, satellite dishes and/or dishes, antennas, towers, microwave dishes, temporary microwave links, and other radio transmitting trans-receiving equipment) and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits LAN room mechanical equipment units), and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, at Tenant's sole cost and expense, of those areas supplemental HVAC equipment on the roof of and/or adjacent to the Building surrounding Tenant's Communication Equipment (collectively, the “Equipment”), subject to the extent any such replacementfollowing terms, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to conditions and limitations: (a) the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to placed in such locations on the Original Tenant executing this Lease roof or Property as is reasonably designated by Landlord; (b) the specifications for the Equipment and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of plans for the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment installation thereof shall be subject to Landlord’s prior written consent (not to be unreasonably withheld, delayed or conditioned, and shall be deemed granted if Landlord fails to disapprove within ten (10) days following Landlord’s receipt of Tenant’s written request); (c) the installation of the Equipment shall, in all events, comply with the terms provisions of Article IX hereof; (d) Tenant shall be solely responsible for all costs and conditions expenses incurred for the operation, maintenance, repair, replacement and removal of this Article 22. Other than Qualifying Transfereesthe Equipment, including but not limited to any electricity used by the Equipment, which consumption shall be measured, at Landlord’s option, by the submeter measuring Tenant’s electric consumption within the Premises, or an additional submeter which shall be installed at Tenant’s expense in order to measure such electric consumption; (e) Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the Equipment, and, upon receipt of a written request from Landlord, shall deliver evidence of same to Landlord; (f) Tenant’s installation or operation of the Equipment shall not void any then- existing roof warranty; (g) subject to Section 13.3, Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and attorneys’ fees) suffered by or claimed against them, directly or indirectly, based on or arising out of, or in any way relating to, directly or indirectly, in whole or in part, the presence of the Equipment at the Building; (h) Tenant shall not be permitted to allow any third party to use any portion of access the roof for Communication Equipment or otherwise without Landlord's consentin order to service the Equipment, except on prior notice to, and in the presence of a representative of, Landlord (except in the case of an emergency, in which shall not be unreasonably withheld. (vii) event Tenant shall be entitled to gain immediate access without prior notice to Landlord, but Tenant shall advise Landlord of such emergency and access as soon as reasonably practical; (i) the Equipment shall be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, screened from public view; and (iiij) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease Lease, Tenant shall, at Landlord’s option, remove the Equipment, repair all damage caused thereby, and restore the affected portions of the roof to the condition existing immediately prior to the installation thereof reasonable wear and tear and effects of casualty and condemnation excepted. Tenant shall not be obligated to pay to Landlord any rent, license or use fees with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion ’s occupancy of the roof space on for the Building Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any approvals, licenses, or lease roof space on permits associated with the Building to other parties; providedEquipment, however, which cooperation shall include executing any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22necessary owner’s consent.

Roof Rights. Subject to all governmental laws, rules and regulations and compliance with During the CC&R'sTerm of the Lease (as it may be extended), Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right to install and accessmaintain, without further payment on the roof of Rent to Landlordthe Building, to installmicrowaves, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, television antennas, related receiving equipment., related cable connections and any and all other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT")“Satellite Dish”) required in connection with Tenant’s communications and data transmission network and further, for Tenant shall have the purpose of receiving right to construct and sending telephone and other communication signals, at maintain a location patio area on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of (“Patio Area”) provided that the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment design shall be subject to all governmental lawsprior written approval by Landlord, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit which shall not be withheld unless a Design Problem exists. Prior to any such installation of any satellite dish by Tenant, Tenant shall furnish detailed plans and operationspecifications for the installation, including the proposed location and method of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem exists. Any such installation shall be under the supervision of attractively screened as may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by roofing company acceptable to Landlord and shall at Tenant’s expense install an appropriate base upon which Tenant’s installation shall be installed in a lien-free manner in accordance with the provisions mounted. All aspects and phases of this Lease. (ii) The exact sizeTenant’s installation, quality, materials and aesthetics ofincluding any antenna or camera, and any required screening forassociated electronic or other equipment, the Communication Equipment wiring, conduit, roof mount and base, shall at all times be subject to approval by Landlord not to be withheld unless a Design Problem exists. All approval and supervision rights of Landlord are intended solely to protect Landlord's prior written consent which ’s interests; Landlord shall not be unreasonably withheld have no obligation to Tenant to exercise any such power of supervision or delayedapproval. In additionIf Landlord fails to respond to a request for approval submitted in writing by Tenant within ten (10) business days of the request for approval, the installation, protection for roof membrane, specifications for roof penetration and flashing Landlord shall be subject deemed to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairmenthave granted its approval. Tenant shall be responsible for procuring prior to any installation and maintaining in force at all times thereafter any and all consents, approvals, licenses and permits as may be required for the replacementlawful installation, repair use and maintenanceoperation of Tenant’s system. Landlord makes no warranties or representations as to the permissibility or efficacy of any such installation by Tenant. Tenant shall have the right to use “risers” in the Building (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building System. In addition to the foregoing, Tenant shall, at Tenant's sole cost and expenseits option exercisable by a thirty (30) days’ notice to Landlord, of those areas have the right to use additional space on the roof of the Building surrounding for Tenant's Communication Equipment ’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). The proposed construction and installation and general appearance of the extent Satellite Dish and HVAC Unit shall be installed and maintained in compliance with Applicable Laws. Furthermore, the exact location of any such replacement, repair Satellite Dish or maintenance is HVAC Unit shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured any necessary approval of all governmental authorities and all permits required by virtue governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of Tenant's installationsuch approvals and permits to Landlord (if any), operation or maintenance of Tenant's Communication Equipment, notwithstanding anything prior to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause commencing any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights work with respect to such Communication Equipment shall be personal to Satellite Dish and the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22HVAC Unit. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible pay for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations and all costs and expenses in connection with the installation, maintenance or approval, maintenance, use and removal of the Communication Equipment Satellite Dish, Patio Area and comply with all precautions and safeguards recommended by all governmental authoritiesthe HVAC Unit, and (iii) but in no event shall Tenant be obligated to pay Landlord any rental for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a that portion of the roof space on of the Building or lease roof space on which the Building to other parties; providedSatellite Dish, however, any party to which Landlord leases such roof space the Patio Area and the HVAC Unit shall be located. Furthermore, Tenant shall repair and maintain the Satellite Dish and the HVAC Unit in good order and repair at all times and shall repair and restore the Roof at the end of the Tenn. Any installations and the roof area on which they are located shall be deemed to be part of the Premises for purposes of Tenant’s insurance and indemnification obligations under this Lease. The right to use the roof shall be exclusive to Tenant or its permitted assignees or subtenants only (subject to similar restrictions all existing leases and options as set forth in this Article 22of the Commencement Date) but Landlord may continue to use the roof to the extent necessary to provide services and utilities to the Building.

Roof Rights. Subject Provided that Tenant complies with terms of this Section 26.14, during the Term and any extensions thereof, Landlord agrees to allow Tenant to place and maintain, at Tenant’s risk and expense, antennae, and non-penetrating satellite dishes, voice, fiber optic, video, data, and internet and other telecommunications communications equipment, including all governmental lawsrequired equipment, rules infrastructure, conduits, chase ways and regulations and compliance with connectivity required to operate them (the CC&R's“Telecom Equipment”), Tenant and Tenant's contractors (which shall first be on the rooftop of the Building at a location approved by Landlord. That portion of the rooftop of the Building made available by Landlord but for equipment of tenants of the Project shall be for the exclusive use of Tenant save and except in the event Tenant ceases to occupy 100% of the Building, in which event: (a) Tenant shall retain the exclusive right and entitlement to the use of that portion of the rooftop area over the laboratory areas on the first floor of the Premises; (b) Tenant shall also retain the exclusive right and entitlement of the areas where it maintains its equipment together with a proportionate share of that portion of the remaining area of the roof of the Building made available by Landlord for equipment of tenants of the Project (e.g. if Tenant occupies 50% of the rentable area of the Building, then it shall be entitled to the exclusive use of that portion of 50% of the available area made available by Landlord for equipment of tenants of the Project of the roof); (c) Landlord shall only permit installations on the roof by third parties if they do not damage or materially interfere with Tenant’s business, security or equipment at the Premises; (d) Landlord covenants and agrees not to permit the use of any space on the roof by any Primary Competitor without Tenant’s prior written consent; and (e) Tenant shall be entitled to screen/fence off its Telecom Equipment, at its expense, subject to Landlord’s approval which cannot be unreasonably withheld, conditioned or delayed. Tenant acknowledges and agrees that Landlord may take into account aesthetics to ensure that such screen/fence does not visibly or physically detract from the façade of the Building and surrounding business park. The installation of Tenant’s Telecom Equipment shall be subject to Tenant providing Landlord with detailed designs and specifications, all necessary consents, approvals, permits or registrations, including architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time, required for the installation, maintenance, use or operation of the Telecom Equipment and Landlord, and its consultants and engineers, approving and reviewing said designs and specifications, which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) withheld. Notwithstanding anything to the contrary contained herein, Landlord may withhold its consent to the installation of the Telecom Equipment if such installation would require any penetration of the Building’s roof. If the Telecom Equipment uses any electricity, Tenant shall have pay for the nonexclusive right cost to purchase and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate install electrical submeter equipment and maintain satellite dishes and/or microwave disheswiring, and other radio transmitting thereafter Tenant shall pay to Landlord the monthly electrical submeter charges throughout the Term. Landlord’s approval of any such plans and receiving antennae, together specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with sound architectural guidelines and/or engineering practices or will comply with all applicable Laws; such compliance shall be the sole responsibility of Tenant. All third-party costs of Landlord relating to such approval and review are to be borne by Tenant. Tenant shall install the Telecom Equipment in accordance with the detailed designs and specifications submitted and approved by Landlord per the above and shall take such necessary cablemeasures to ensure that it does not interfere with any equipment, wiringinstallation, conduits and related equipment (collectivelydish and/or antennae and/or other communication system on or near the Building then in existence at the time of installation. Upon expiry or termination of this Lease, "COMMUNICATION EQUIPMENT"), Tenant shall be responsible for all costs for the purpose removal of receiving and sending telephone and other communication signalsthe Telecom Equipment, at a location on repairing any damage incurred to the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's a result of its access, installation and operation removal of the Communication Telecom Equipment, and restoring the roof to the condition in which it were prior to the installation of the Telecom Equipment, subject to reasonable wear and tear. Tenant shall, at its own expense, maintain and insure the Telecom Equipment during the Term and any extensions thereof. Tenant shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Telecom Equipment shall be subject to all governmental lawsand the screening therefor in good repair and condition, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact sizeall Laws, quality, materials and aesthetics ofall manufacturer’s suggested maintenance programs, and any required screening forthe approved plans and specifications therefor, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, all at Tenant's ’s sole cost and expense. In addition to Tenant’s other obligations hereunder, Tenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Telecom Equipment and associated equipment within or serving the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of those areas on the roof of the Building surrounding Tenant's Communication Equipment such contract (which may be redacted to remove any confidential information unrelated to the extent any such replacement, repair or maintenance is required by virtue scope of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything work covered thereby) must be provided to Landlord. All work relating to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Telecom Equipment shall, at Tenant’s expense, be coordinated with Landlord’s roofing contractor so as not to affect any warranty for the Building’s roof. Tenant may not relocate any of the Telecom Equipment without the prior written consent of Landlord. Tenant agrees that, upon at least 30 days’ prior written notice to Tenant from Landlord that Landlord requires Tenant to relocate any Telecom Equipment (which notice may be given at any time and from time to time during the Term), Tenant shall relocate such Telecom Equipment (as requested by Landlord) from the then existing location to any substitute location reasonably designated by Landlord on the Building. Tenant shall complete such relocation prior to the expiration of such 30-day period and upon the expiration of such 30-day period Tenant shall have no further right to use or occupy the prior location until the completion of such roof repair or replacement, at which time Landlord may notify Tenant to relocate back to the original location and Tenant will perform such relocation as soon as reasonably practicable after such notice. In the event Landlord exercises its right to cause Tenant to relocate all or a portion of the Telecom Equipment pursuant this Section 26.14, Landlord shall use its commercially reasonable efforts to minimize any interference (i) disruption to Tenant’s operations as a result thereof. Tenant shall repair all damage to the Building caused by the installation, maintenance or removal of the Telecom Equipment at any such prior rooftop locations. Any and all costs and expenses associated with the relocation of any such Telecom Equipment and related restoration work in order to accommodate the repair, replacement or maintenance of the roof or other area of the Building, or equipment associated with any other communications from or of the foregoing, shall be paid by Tenant within 30 days following Landlord’s request therefor. Otherwise, any such relocation and related restoration shall be at Landlord’s cost and expense. Tenant and Tenant Parties shall have access to the Project or (ii) to other existing tenants or occupants in rooftop of the Project who may use Building at all times during the communication facilities located Term, at Tenant’s sole risk. For all purposes under this Lease, the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Telecom Equipment shall be personal deemed to be included within the Original definition of Tenant’s Off-Premises Equipment. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE TELECOM EQUIPMENT, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity only use the Telecom Equipment in connection with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22Tenant’s business. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment such equipment, whether by sublease, license, occupancy agreement or otherwise without Landlord's consentotherwise, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations except in connection with Permitted Transfers and any other Transfers approved by Landlord. So long as Tenant is the installation, maintenance or use sole occupant of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right covenants and agrees that it shall not undertake, install or consent to use a portion of or permit to be installed on the roof space on the Building any solar, wind or lease roof space on other similar apparatus, billboard, signage or other installation save and except with the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22consent of Tenant.

Roof Rights. Subject to all governmental laws, rules and regulations and compliance with During the CC&R'sTerm (as it may be extended), Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right to install and accessmaintain, without further payment on the roof of Rent to Landlordthe Buildings, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, television antennas, related receiving equipment, related cable connections and any and all other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT")“Satellite Dish”) required in connection with Tenant’s communications and data transmission network. Tenant shall have the right to use “risers” in the Buildings (and to install additional risers if necessary) as long as there is no adverse effect on the Building Structure or Building Systems. In addition to the foregoing, for the purpose of receiving and sending telephone and other communication signalsTenant shall, at its option exercisable by a location thirty (30) days’ notice to Landlord, have the right to use space on the roof of the Building as reasonably requested Buildings for installation of any additional HVAC equipment required by Tenant and reasonably approved by Landlord in writing. Tenant's installation any and operation of the Communication Equipment shall be governed by the following terms and conditions: all related equipment to accommodate any such additional HVAC requirements (i) Tenant's right to installcollectively, replace“Supplemental HVAC Unit(s)”), repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations provided that such laws, rules and regulations permit such installation and operationwill not adversely affect the Building Structure and/or Building Systems. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and location of any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld such Satellite Dish or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical systemSupplemental HVAC Unit(s) shall be borne by Tenant. All such Communication Equipment shall be screened mutually acceptable to commercially reasonable standards Landlord and to prevent visual impairment. Tenant and Tenant shall be responsible have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the replacementSatellite Dish and the Supplemental HVAC Unit(s), repair and maintenanceshall provide copies of such approvals and permits to Landlord, at Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment prior to the extent commencing any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights work with respect to such Communication Equipment shall be personal to Satellite Dish and the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"Supplemental HVAC Unit(s); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible pay for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations and all costs and expenses in connection with the installation, maintenance or maintenance, use and removal of the Communication Equipment Satellite Dish and comply with all precautions and safeguards recommended by all governmental authoritiesthe Supplemental HVAC Unit(s), and (iii) but in no event shall Tenant be obligated to pay Landlord any rental for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a that portion of the roof space of the Buildings on which the Building or lease roof space on Satellite Dish and the Building to other parties; provided, however, any party to which Landlord leases such roof space HVAC Unit shall be subject located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to similar restrictions as set forth in this Article 22do so, repair and maintain the Satellite Dish and Supplemental HVAC Unit(s). Upon the expiration of the Term, Tenant shall, if requested by Landlord, remove the Satellite Dish and Supplemental HVAC Unit(s)and repair any damage to the roof resulting therefrom.

Roof Rights. Subject to all governmental lawsThroughout the Lease Term, rules and regulations and compliance with as the CC&R'ssame may be extended, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In additionreasonable approval and the terms of this Section 29.43 (including Tenant's obtaining all requisite permits and compliance with Landlord's reasonable and non-discriminatory construction rules and conditions as well as Landlord's reasonable approval of the contractors, vendors and materialmen in connection with the installationsame), protection for roof membraneand provided that Tenant is then in occupancy of the entire Premises, specifications for roof penetration and flashing shall be then, subject to Landlord's prior written consentavailability, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for have the replacementright, repair at no additional fee, to install and maintenancemaintain, at Tenant's sole cost and expense, of those areas telecommunications antennas, microwave dishes and other communications equipment, including a reasonable sized dish on the roof of the Building surrounding Tenant's Communication Equipment (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the extent generation or transmission of any such replacement, repair signals or maintenance broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is required by virtue defined collectively as the "Telecommunications Equipment") upon the roof of Tenant's installation, operation the Building. Landlord makes no representations or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations warranties whatsoever with respect to the Communication condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals , including, without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such Communication signals whether emanating from the Building or otherwise. The physical appearance, the size, the design and the weight of the Telecommunications Equipment shall be personal subject to Landlord's reasonable approval, the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception location of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet such installation of the Building or (ii) any Permitted Affiliate (collectivelyTelecommunications Equipment shall be designated by Landlord subject to Tenant's reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, "QUALIFYING TRANSFEREE")at Tenant's sole cost and expense, as reasonably designated by Landlord; provided, however, such Qualifying Transferee's rights with respect to Communication that in no event shall the Telecommunications Equipment shall be subject to all visible from the terms and conditions exterior of this Article 22the Building. Other than Qualifying Transferees, Tenant shall not be permitted maintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to allow any third party exercise its right to use any portion of install the roof for Communication Equipment or otherwise without Landlord's consentTelecommunications Equipment, which shall not be unreasonably withheld. (vii) then Tenant shall (i) be solely responsible for any damage caused as a result of give Landlord prior notice thereof. Tenant shall reimburse to Landlord the Communication actual costs reasonably incurred by Landlord in approving such Telecommunications Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication such Telecommunications Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such BuildingLease, Landlord may do so at or, in the event Tenant no longer occupies the Premises, then upon the termination of Tenant's expenserights under this Section 29.43, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear excepted). PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord reserves the right (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to use a any portion of the roof space on or roof membrane, specifically including any penetrations, in connection with Tenant's installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws. Tenant shall not be entitled to license its Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the Building use of such Telecommunications Equipment by an unrelated third party. Tenant's right to install such Telecommunication Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord's continued right (i) to itself utilize any rooftop space, and (ii) to re-sell, license or lease roof any rooftop space on the Building to other partiesan unaffiliated third party; provided, however, any party to which such Landlord leases such roof space (or third-party) use shall be subject to similar restrictions as set forth in this Article 22.not materially interfere with (or preclude the installation of) Tenant's Telecommunications Equipment. [Signatures follow on next page]

Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R's, (a) Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive non-exclusive right to use certain rooftop and accessantenna space and certain related vertical penetrations in the rooftop and related interior space, as designated by Landlord on and within the Building (“Antenna Space”) for the use of communications antennas and/or satellite dishes for Tenant’s business (“Permitted Equipment”) and for no other purposes. Tenant shall have access to the rooftop upon twenty- four (24) hours prior notice to Landlord and when accompanied by a representative of Landlord. The location of all of such communications antennas and/or satellite dishes shall be at locations reasonably designated by Landlord provided that such locations will allow Tenant to transmit and receive reception without further payment of Rent interference (“Interference Free Location”). If from time to time a location designated by Landlord, which initially is acceptable to installTenant as an Interference Free Location, subsequently becomes unacceptable because of conditions which create interference, Landlord shall designate and make available to Tenant a new Interference Free Location. The installation and any costs relating thereto, and the maintenance, repair, replaceinsurance obligations and liability, removewith respect to such communications antennas and/or satellite dishes, operate shall be borne completely by Tenant. (b) Tenant shall, at its sole cost and expense, obtain and maintain satellite dishes any and all permits, approvals and/or microwave dishes, licenses required by the CC&Rs and other radio transmitting any and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), governmental agencies having jurisdiction over the Building for the purpose of receiving and sending telephone and other communication signalsconstruction, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment Permitted Equipment. Tenant shall be governed not use the Antenna Space in any way that interferes (electronically or otherwise) with the use of the Building by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision or by any third party office tenants or licensees of Landlord. Upon written notice from Landlord to Tenant of any such interference, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved Tenant shall immediately eliminate or mitigate such interference to the reasonable satisfaction of Landlord. If such interference cannot be eliminated or mitigated to the reasonable satisfaction of Landlord within five (5) business days following such notice, Tenant shall immediately cease operating the equipment or portion thereof causing such interference. Tenant shall not perform any maintenance, repairs, alterations or other work on the Permitted Equipment in any manner that disrupts or interferes with the use of the Building by Landlord and shall be installed in a lien-free manner in accordance with the provisions or by other tenants or licensees of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which . Tenant shall not be unreasonably withheld make any improvement or delayed. In addition, alteration or take any other action that affects the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance integrity of the Communication Equipment and any necessary related equipment (including, without limitation, costs roof of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for any damage, which Tenant or its agents or invitees may cause to the replacementroof. (c) Tenant shall cooperate with Landlord with respect to any and all maintenance and/or repair work performed by Landlord on or to the roof (collectively, repair and maintenance“Roof Work”) during the term, as the same may be extended. In connection with such cooperation, Tenant shall temporarily move and/or relocate, at Tenant's Landlord’s sole cost and expense, any and all portions of those areas the Permitted Equipment and Tenant’s improvements on or to the portion of the Antenna Space located on the roof of the Building surrounding Tenant's Communication Equipment to the extent and for the duration reasonably necessary to accommodate any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything Roof Work. Landlord shall notify Tenant not less than fifteen (15) business days prior to the contrary contained in this Lease. (iv) Tenant commencement of any Roof Work. Landlord shall endeavor use commercially reasonable efforts to use the Communication Equipment so as not to cause prevent any interference (i) with any other communications from or to the Project use and operation of the Permitted Equipment by Tenant during the performance of any Roof Work. In the event that Landlord desires to remodel, improve or otherwise alter the Building so as to require the relocation of the Permitted Equipment, then upon sixty (ii64) days prior notice to other existing tenants or occupants Tenant, Tenant shall cooperate with Landlord in relocating the Project who may use the communication facilities located Permitted Equipment provided that (a) such relocation is at the Project and/or related facilities. Landlord’s expense, and (vb) Landlord shall such relocation does not have any obligations with respect to adverse effect on the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet continued operation of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viiid) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner Upon termination of this Lease or upon Lease, Tenant shall (a) remove all of the imposition Permitted Equipment and any and all other equipment, fixtures and personal property of Tenant from the Antenna Space, (b) repair any governmental law or regulation which may require damage caused by such removal, and shall repair (c) surrender the Building upon such removal Antenna Space to the extent required by such work Landlord free and clear of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22all debris.

Roof Rights. Subject to the satisfaction, in Landlord's reasonable judgment, of all governmental laws, rules and regulations and compliance with of the CC&R'sconditions set forth in this Section, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and accessto use throughout the Lease Term (including any extensions thereof) a reasonable portion of the roof area, without further payment of Rent to Landlordat no additional rental cost, to install, repair, replace, remove, operate install and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenancemaintain, at Tenant's sole cost and expense, reasonable amounts and types of those areas equipment (a) to support Tenant's Telecommunications Services (the "Communications Equipment"), and/or (b) supplemental HVAC equipment ("HVAC Equipment") on the roof roofs of the Building surrounding Buildings for use in connection with Tenant's Communication Equipment business in the Premises. Notwithstanding anything in this Section to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transfereescontrary, Tenant shall not be permitted to allow install the Communications Equipment and/or HV AC Equipment, as applicable, unless (i) Tenant's Communications Equipment and/or HVAC Equipment, as applicable, shall not interfere with any third party to use other satellite dish or antenna of any portion other current tenant in the Buildings as of the roof for Communication date of this Lease~ (ii) (A) such Communications Equipment or otherwise without Landlord's consentconforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (the "Communications Equipment Drawings"), which Communications Equipment Drawings shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. , conditioned or delayed, and/or (viiB) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication such HV AC Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal conforms to the extent required specifications and requirements set forth in the drawings and specifications prepared by such work of removal. If Tenant fails to remove a licensed professional (the Communication "HVAC Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such BuildingDrawings"), Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space HVAC Equipment Drawings shall be subject to similar restrictions the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, (iii) Landlord approves, which approval shall not be unreasonably conditioned, withheld or delayed, the size, capacity, power, location and proposed placement and method of installation of such Communications Equipment and/or HV AC Equipment, as set forth applicable, an4 (iv) Tenant obtains, at its sole cost and expense, and provides copies to Landlord of all necessary governmental permits and approvals, including, without limitation, special exception permits, if applicable, for the installation of the Communications Equipment and/or HVAC Equipment, as applicable, upon the Buildings. Tenant, at Landlord's discretion, shall cause the Communications Equipment and/or HVAC Equipment, as applicable, to be painted in this Article 22.a nonmetallic paint to match the materials on the roof. In addition, Tenant· shall not be permitted to install the Communications Equipment and/or HV AC Equipment, as applicable, unless (I) Tenant contracts with Landlord's roofing contractor to retain the warranties and guaranties for the roofs to the extent that Landlord will lose the warranties and guaranties with respect to the roofs,

Roof Rights. (a) Subject to all governmental laws, rules and regulations and compliance with the CC&R'srequirements of this Section 8.19, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to may install, repairmaintain and operate, replaceat Tenant’s sole cost and expense, removeup to 5 communications antennas, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related or similar telecommunications equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location “Communications Equipment”) on the structure therefor provided by Landlord on the roof of the Building as reasonably requested by Tenant and reasonably approved run a cable therefrom into the Premises through conduit space provided by Landlord in writingsuch locations as Landlord may designate. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: Tenant acknowledges that (i) Tenant's right ’s use of the roof of the Building is a non-exclusive use and Landlord may permit any person or entity to install, replace, repair, remove, operate and maintain use any other portion of the Communication roof of the Building for any use; (ii) the installation of the Communications Equipment shall be subject deemed to all governmental lawsbe a Material Alteration; (iii) if Landlord’s structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the installation of the Communications Equipment, rules Tenant shall, prior to any installation of the Communications Equipment, perform the same at Tenant’s sole cost and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner expense in accordance with plans and specifications approved by Landlord; (iv) without limiting the other conditions set forth in this Section 8.19, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the provisions of Section 4.02 and the other provisions of this Lease. Lease applicable to Alterations; (iiv) The exact sizeTenant, qualityat Tenant’s expense, materials shall comply with all Laws and aesthetics ofprocure and maintain all necessary permits and approvals required therefor (Tenant hereby acknowledging that Landlord is making no representations as to the permissibility of any Communications Equipment on the roof of the Building by any governmental authority having jurisdiction thereof); (vi) Tenant shall promptly repair any damage (whether structural or non-structural) caused to the roof or any other portion of the Building or its fixtures, equipment and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, appurtenances by reason of the installation, protection maintenance or operation of the Communications Equipment (or, at Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. the reasonable costs thereof within 30 days after rendition of a xxxx therefor); (iiivii) All costs of the installation, operation and maintenance of the Communication Communications Equipment shall not interfere with the operation and maintenance of any necessary related equipment installations existing on the date Tenant installs the Communications Equipment; (viii) if Tenant’s installation, operation or maintenance of the Communications Equipment shall interfere with Landlord’s rights (including, without limitation, costs Landlord’s right to use the remainder of obtaining the roof of the Building for any necessary permits and of connections to purposes) or other present or future tenants in the Building's electrical system) , Tenant shall cooperate with Landlord or such other tenants in all reasonable respects, at no cost to Tenant, in eliminating such interference; provided that in cases where the interference affects installations existing on the date Tenant installs the Communications Equipment the cost of remedying such interference shall be borne by Tenant. All such Communication ; and (ix) no satellite dish or other Communications Equipment shall may be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, at Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained more than 24 inches in this Leasediameter. (ivb) Tenant shall endeavor to use If the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception specific manner of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to installation or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Communications Equipment shall remain revoke, negate or in any manner impair or limit any roof warranty or guaranty for the sole property Building, and provided Tenant has been notified thereof prior to Tenant’s installation of Tenantsuch Communications Equipment, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result thereof. Tenant shall remove the Communication Communications Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect the Term and repair any damage to such Buildingthe roof of the Building caused by the installation or removal of the Communications Equipment, all at Tenant’s expense (or, at Landlord’s election, Landlord may do so shall perform such repairs and Tenant shall reimburse Landlord for the reasonable costs thereof within 30 days after rendition of a xxxx therefor). Landlord shall have no liability to repair or maintain the Communications Equipment, nor shall Landlord be liable for any damage to the Communications Equipment, except to the extent such damage is caused by the negligence or willful misconduct of Landlord. (c) For the purpose of installing, operating or maintaining the Communications Equipment, Tenant shall have access to the roof of the Building at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] reasonable times upon reasonable notice to Landlord, and Landlord reserves shall have the right to use require, as a portion condition to such access, that Tenant (or Tenant’s employee, contractor or other representative) at all times be accompanied by a representative of Landlord who Landlord shall make available upon reasonable notice, and, if such representative is provided on an overtime basis, Tenant shall pay Landlord’s out-of-pocket expenses incurred in making such representative available. (d) Landlord shall have the right to relocate the Communications Equipment, at Landlord’s sole cost and expense (or at Tenant’s sole cost and expense if the relocation shall be required due to the application of any Laws or if due to the request of Tenant), to any other location on the roof of the roof space on Building, such right to be exercisable by Landlord giving Tenant 10 days prior notice thereof (except in the Building or lease roof space on case of emergency in which case Landlord shall give such notice as is reasonably practicable). Tenant shall pay any amounts due to Landlord in connection with the Building relocation of the Communications Equipment within 30 days after rendition of a xxxx therefor. Tenant shall not have the right to other parties; providedobject to any new location of the Communications Equipment unless such new location shall adversely affect Tenant’s use of the Communications Equipment. (e) All Communicative Equipment shall, howeverif electricity is required, any party be connected to which Landlord leases such roof space shall be subject to similar restrictions as set forth Tenant’s submeters measuring Tenant’s use of electricity in the Premises. (f) The rights granted in this Article 22Section 8.19 are given in connection with, and as part of the rights created hereunder, this Lease, and are not separately transferable or assignable other than in connection with an assignment of this Lease or a subletting of the Premises as permitted by this Lease. Tenant shall not resell in any form the use of the Communications Equipment, including, without limitation, the granting of any licensing or other rights.

Roof Rights. Subject to all governmental laws, rules and regulations and compliance In connection with the CC&R'sTenant Work, Tenant may request as part of the Final Working Drawings and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed Specifications (as specified that term is defined in Section 29.4 below)the Work Letter) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to that Landlord install, repair, replace, remove, and thereafter Tenant operate and maintain satellite dishes and/or microwave dishesmaintain, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related additional HVAC equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by for Tenant’s sole use (collectively, the “Roof Equipment”), subject to the following terms, conditions and limitations: (i) Tenant and reasonably approved by Landlord in writing. shall use its best efforts to obtain the smallest equipment available for Tenant's installation and operation of ’s intended use; (ii) the Communication Roof Equipment shall be governed by placed in such location on the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved roof as is reasonably designated by Landlord and shall be installed in a lien-free manner in accordance with which is suitable for such use; (iii) the provisions of this Lease. (ii) The exact size, quality, materials specifications for the Roof Equipment and aesthetics of, and any required screening for, the Communication Equipment plans for the installation thereof shall be subject to Landlord's prior written consent which shall (not to be unreasonably withheld withheld, delayed or delayed. In addition, conditioned); (iv) the installation, protection for roof membrane, specifications for roof penetration installation and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance removal of the Communication Roof Equipment and any necessary related equipment shall, in all events, comply with the applicable provisions of this Lease; (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical systemv) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be solely responsible for all costs and expenses incurred for the replacementoperation, repair and maintenance, repair, replacement and removal of the Roof Equipment, including but not limited to any electricity used by the Roof Equipment, which consumption shall be measured, at Landlord's option, by the submeter measuring Tenant's electric consumption or an additional submeter which shall be installed at Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment expense in order to the extent any measure such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. electric consumption; (ivvi) Tenant shall endeavor obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the Roof Equipment, and shall deliver evidence of same to use Landlord; (vii) Tenant's installation or operation of the Communication Roof Equipment so as shall not to cause any interference (i) interfere with the operation of any other communications from rooftop equipment now or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities hereafter located at the Project and/or related facilities. Building, nor void, impair or adversely affect any then-existing roof warranty; (vviii) Tenant shall indemnify, defend, and hold harmless Landlord shall not have and Landlord's agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and reasonable attorneys' fees) suffered by or claimed against them based on or arising out of, or in any obligations with respect way relating to the Communication Equipment. Landlord makes no representation that Roof Equipment at the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred toBuilding, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet except arising out of the Building gross negligence or willful misconduct of Landlord or Landlord’s employees, agents and contractors; (iiix) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of access the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of in order to service the Communication Roof Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authoritiesexcept on prior notice to, and in the presence of a representative of, Landlord, provided that in an emergency such notice may be telephonic, (iiix) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Roof Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment be screened from public view; and related equipment at Tenant's sole expense (xi) upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease Lease, at Landlord’s election, Tenant shall remove the Roof Equipment, repair all damage caused thereby, and restore the affected portions of the roof to the condition existing immediately prior to the installation thereof reasonable wear and tear and effects of casualty excepted or, at Landlord’s election Tenant shall pay Landlord the estimated cost of such removal and restoration, as reasonably determined by Landlord, and Landlord shall cause the Roof Equipment to be removed and the areas affected by the Roof Equipment to be restored. Tenant shall not be obligated to pay to Landlord any rent, license or use fees with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion occupancy of the roof space on for the Building Roof Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant's pursuit of any approvals, licenses, or lease roof space on permits associated with the Building Roof Equipment, which cooperation shall include executing any necessary owner's consent forms. Notwithstanding anything to other parties; providedthe contrary, howeverfollowing submission by Tenant, and approval by Landlord, of the Final Working Drawings and Specifications, Tenant shall have no further rights to install any party to which Landlord leases such roof space shall be subject to similar restrictions as additional Roof Equipment not set forth in this Article 22therein.

Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R's, (a) Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive non-exclusive right to use certain rooftop and accessantenna space and certain related vertical penetrations in the rooftop and related interior space, as designated by Landlord on and within the Building (“Antenna Space”) for the use of communications antennas and/or satellite dishes for Tenant’s business (“Permitted Equipment”) and for no other purposes. Tenant shall have access to the rooftop upon twenty-four (24) hours prior notice to Landlord and when accompanied by a representative of Landlord. The location of all of such communications antennas and/or satellite dishes shall be at locations reasonably designated by Landlord provided that such locations will allow Tenant to transmit and receive reception without further payment of Rent interference (“Interference Free Location”). If from time to time a location designated by Landlord, which initially is acceptable to installTenant as an Interference Free Location, subsequently becomes unacceptable because of conditions which create interference, Landlord shall designate and make available to Tenant a new Interference Free Location. The installation and any costs relating thereto, and the maintenance, repair, replaceinsurance obligations and liability, removewith respect to such communications antennas and/or satellite dishes, operate shall be borne completely by Tenant. (b) Tenant shall, at its sole cost and expense, obtain and maintain satellite dishes any and all permits, approvals and/or microwave dishes, licenses required by the CC&Rs and other radio transmitting any and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), governmental agencies having jurisdiction over the Building for the purpose of receiving and sending telephone and other communication signalsconstruction, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment Permitted Equipment. Tenant shall be governed not use the Antenna Space in any way that interferes (electronically or otherwise) with the use of the Building by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision or by any third party office tenants or licensees of Landlord. Upon written notice from Landlord to Tenant of any such interference, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved Tenant shall immediately eliminate or mitigate such interference to the reasonable satisfaction of Landlord. If such interference cannot be eliminated or mitigated to the reasonable satisfaction of Landlord within five (5) business days following such notice, Tenant shall immediately cease operating the equipment or portion thereof causing such interference. Tenant shall not perform any maintenance, repairs, alterations or other work on the Permitted Equipment in any manner that disrupts or interferes with the use of the Building by Landlord and shall be installed in a lien-free manner in accordance with the provisions or by other tenants or licensees of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which . Tenant shall not be unreasonably withheld make any improvement or delayed. In addition, alteration or take any other action that affects the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance integrity of the Communication Equipment and any necessary related equipment (including, without limitation, costs roof of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for any damage, which Tenant or its agents or invitees may cause to the replacementroof. (c) Tenant shall cooperate with Landlord with respect to any and all maintenance and/or repair work performed by Landlord on or to the roof (collectively, repair and maintenance“Roof Work”) during the term, as the same may be extended. In connection with such cooperation, Tenant shall temporarily move and/or relocate, at Tenant's Landlord’s sole cost and expense, any and all portions of those areas the Permitted Equipment and Tenant’s improvements on or to the portion of the Antenna Space located on the roof of the Building surrounding Tenant's Communication Equipment to the extent and for the duration reasonably necessary to accommodate any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything Roof Work. Landlord shall notify Tenant not less than fifteen (15) business days prior to the contrary contained in this Lease. (iv) Tenant commencement of any Roof Work. Landlord shall endeavor use commercially reasonable efforts to use the Communication Equipment so as not to cause prevent any interference (i) with any other communications from or to the Project use and operation of the Permitted Equipment by Tenant during the performance of any Roof Work. In the event that Landlord desires to remodel, improve or otherwise alter the Building so as to require the relocation of the Permitted Equipment, then upon sixty (ii64) days prior notice to other existing tenants or occupants Tenant, Tenant shall cooperate with Landlord in relocating the Project who may use the communication facilities located Permitted Equipment provided that (a) such relocation is at the Project and/or related facilities. Landlord’s expense, and (vb) Landlord shall such relocation does not have any obligations with respect to adverse effect on the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet continued operation of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viiid) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner Upon termination of this Lease or upon Lease, Tenant shall (a) remove all of the imposition Permitted Equipment and any and all other equipment, fixtures and personal property of Tenant from the Antenna Space, (b) repair any governmental law or regulation which may require damage caused by such removal, and shall repair (c) surrender the Building upon such removal Antenna Space to the extent required by such work Landlord free and clear of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22all debris.

Roof Rights. Subject (a) Tenant is hereby granted, subject to all governmental laws, rules Article 5 hereof and regulations the provisions of this Section 22.21 and compliance with the CC&R's, Tenant and Tenant's contractors (which such other requirements as shall first be approved imposed by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replacesecure, repairmaintain, remove, replace and operate and maintain on the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under roof (the supervision "Roof") of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved the Building in an area reasonably designated by Landlord and shall be installed in reasonably acceptable to Tenant (the "Roof Space"), a lien-free manner in accordance with satellite dish (the provisions "Antenna"), The dimensions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment Antenna shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayedapproval. In addition, also subject to Article 5 and the installationprovisions of this Section 22.21, protection for roof membraneTenant shall have the right to install cables leading from the Antenna to the Premises at Tenant's sole cost and expense and in a location, specifications for roof penetration manner, material and flashing size as shall be subject to approved by Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iiib) All costs of installationTenant shall diligently service, operation repair, paint and maintenance of maintain the Communication Equipment and any necessary related equipment (Antenna, including, without limitation, all electrical wires, guide wires and conduits related thereto. (c) No signs, whether temporary or permanent, shall be affixed, installed or attached to the Antenna or the Roof other than those required by applicable law. All signs required, if any, and the location thereof, shall be first approved in writing Landlord. (d) In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Roof Space or the Antenna, Tenant shall comply with all of the applicable provisions Lease and the provisions of this Section 22.21 shall be applicable to the Roof Space as if the Roof Space was part of the Leased Premises. (f) Have its representative(s) accompany Tenant whenever It services or maintains the Antenna: At all other times, Landlord may keep the entrances to the Roof Space locked. Tenant shall not have any tools and/or materials stored in The Roof Space, and Tenant's employees and independent contractors shall close and lock the entrance door to the Roof when leaving the same. If Tenant shall require access any of the Roof Space, at times other than those specified in the first sentence of this Section (f), then except in the case of an emergency, Tenant shall give Landlord at least two full business days prior written notice of such requirement and shall pay all reasonable costs Incurred by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of obtaining Landlord. (g) On or before the termination of this Lease, Tenant shall remove the Antenna and any necessary permits and of connections all appurtenant cables, wires, and other equipment and repair and restore the Roof and any other damage caused to the Building's electrical system) . Such repair and restoration work shall proceed with due diligence and dispatch and shall be borne by Tenantcompleted prior to the Expiration Date. All such Communication Equipment Any holes, damage or Injury in or to the Roof and/or Building arising out of or connected to the removal of the Antenna and any or all appurtenant cables, wires, and other equipment shall be screened to commercially reasonable standards promptly and to prevent visual impairment. duly repaired and restored by Tenant shall be responsible for the replacement, repair and maintenance, at Tenant's sole cost and expense. (h) Throughout the duration of this Lease, Tenant shall inspect the Antenna at least once a month. Tenant shall be solely responsible for preserving the water tight integrity of those areas the Roof as may be caused by, or relates to, the installation, maintenance, operation and repair of the Antenna. Tenant shall be responsible for all leaks in the Roof arising out of or connected to the Antenna installation. Tenant's Antenna shall not exceed the applicable load-bearing capacity of the Roof Space. (i) If, at any time during the Term, Landlord, in its judgment, shall determine that It is necessary to move the Antenna to another area of the Roof Space, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area of the Roof Space (the "Substitute Space") shall be substantially identified by hatching or otherwise). The Substitute Space with respect to the Antenna shall not be located in an area of the Roof in which the Antenna's reception would differ in a materially adverse way from the Antenna's reception in the initial Roof Space. Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation of the Antenna on the roof Substitute Space, then, within 30 days of the Building surrounding Tenantobtaining of such permit (which Tenant shall make prompt application for, with Landlord's Communication Equipment reasonable cooperation), Landlord, at its sole cost shall move the Antenna to the extent any such replacement, repair or maintenance is required by virtue Substitute Space which shall then become the Roof Space hereunder and the original Roof Space shall be deleted from the coverage of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (ivj) Tenant Tenant's operation or use of the Antenna shall endeavor to not prevent or interfere with the operation or use of any equipment of (I) any present or future tenant or occupant of the Communication Equipment so as not to cause any interference (i) with any other communications from or Building whose equipment was installed prior to the Project installation of the Antenna, or (ii) Landlord, If, at any time during the term hereof, Landlord shall reasonably determine that the Antenna causes Interference with equipment of any such present or future tenant or occupant or of Landlord, then Landlord may so notify Tenant, and Landlord may require Tenant to other existing tenants or occupants in replace the Project who may use Antenna with another antenna which would not cause such interference (the communication facilities located "Replacement"), Tenant, within 30 days of receipt of such notice or, If a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's cooperation but at no cost to Landlord), shall replace the Project and/or related facilities.Antenna with the new non-interfering Replacement which shall then be deemed to be the Antenna hereunder, (vk) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal has made no warranties or representations as to the Original Tenant executing this Lease and may not be assigned condition or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet suitability of the Roof Space or the Building (or (iithe electricity available to the Roof Space) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, use, maintenance or use operation of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authoritiesAntenna, and (iii) pay for all necessary repairsTenant agrees to accept same in its "as is" condition and without any work or alterations to be made by Landlord. In Witness Whereof, replacements to or maintenance this Lease was executed as of the Communication Equipment Effective Date" as specified hereinabove. WITNESSES: TENANT: /s/ ------------------------------------- /s/ EDIX Corporation ------------------------------------- a Delaware corporation By: /s/ ------------------------------------ Name: ---------------------------------- Its: ----------------------------------- WITNESSES: LANDLORD: /s/ ------------------------------------- FRANKLIN XXXXXXXXX INVESTOR SERVICES, /s/ LLC, a Delaware limited liability ------------------------------------- company By: /s/ ------------------------------------ Name: Basil ________ ---------------------------------- Its: President ----------------------------------- Date of Execution: October 10, 2001 CONTINUING AND UNCONDITIONAL GUARANTY OF LEASE THIS GUARANTY is made and all roof repairs required to be effective as of October 8th, 2001, by the installation undersigned, IDX SYSTEMS CORPORATION ("Guarantor") and maintenance is annexed to and made a part of the Communication EquipmentLease dated October ____, 2001 (the "Lease"), between FRANKLIN XXXXXXXXX INVESTOR SERVICES, LLC ("Landlord") and EDIX CORPORATION ("Tenant"). (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.

Roof Rights. Subject Provided that Tenant is then in occupancy of the Premises, then, subject to availability, in accordance with, and subject to, this Section 29.37 (including Tenant's obtaining all governmental laws, rules and regulations requisite permits and compliance with Landlord's reasonable construction rules and conditions as well as Landlord's reasonable approval of the CC&R'scontractors, vendors and materialmen in connection with the same, and confirmation from Landlord and its roofing contractor that such installation (including maintenance, repair, replacement and/or removal thereof) will not invalidate or otherwise adversely affect Landlord's roof warranty), Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signalsexclusive right, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: no additional fee (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be but subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In additionreasonable approval as provided in this Section 29.37), the installation, protection for roof membrane, specifications for roof penetration to install and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenancemaintain, at Tenant's sole cost and expense, of those areas telecommunications antennas, microwave dishes and other communications equipment, including a standard-size DIRECTV dish on the roof of the Building surrounding Tenant's Communication Equipment (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the extent generation or transmission of any such replacement, repair signals or maintenance broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is required by virtue defined collectively as the "Telecommunications Equipment") upon the roof of Tenant's installation, operation the Building. Landlord makes no representations or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations warranties whatsoever with respect to the Communication condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals , including, without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights limitation, with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease quality and may not be assigned or transferred to, or utilized by, any other person or entity with the exception clarity of any Permitted Transferee under Article 14 which occupies a minimum receptions and transmissions to or from the Telecommunications Equipment and the presence of 10,000 rentable square feet of any interference with such signals whether emanating from the Building or (ii) any Permitted Affiliate (collectivelyotherwise. The physical appearance, "QUALIFYING TRANSFEREE"); providedthe size, however, such Qualifying Transferee's rights with respect to Communication the design and the weight of the Telecommunications Equipment shall be subject to all Landlord's reasonable approval, the terms location of any such installation of the Telecommunications Equipment shall be designated by Landlord subject to Tenant's reasonable approval and conditions of this Article 22Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's sole cost and expense, as reasonably designated by Landlord. Other than Qualifying Transferees, Tenant shall not be permitted maintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to allow any third party 795678.02/WLA376514-00007/1-28-19/ctl/ctl -54- 630 ROSEVILLE PARKWAY[Penumbra, Inc.] exercise its right to use any portion of install the roof for Communication Equipment or otherwise without Landlord's consentTelecommunications Equipment, which shall not be unreasonably withheld. (vii) then Tenant shall (i) be solely responsible for any damage caused as a result of give Landlord prior notice thereof. Tenant shall reimburse to Landlord the Communication actual costs reasonably incurred by Landlord in approving such Telecommunications Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication such Telecommunications Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such BuildingLease, Landlord may do so at or, in the event Tenant no longer occupies the Premises, then upon the termination of Tenant's expenserights under this Section 29.37, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear excepted). PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord reserves the right (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to use a any portion of the roof space on or roof membrane, specifically including any penetrations, in connection with Tenant's installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws. Tenant shall not be entitled to license its Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases use of such roof space shall be subject to similar restrictions as set forth in this Article 22Telecommunications Equipment by an unrelated third party.

Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R's, (a) Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive non-exclusive right to use certain rooftop and accessantenna space and certain related vertical penetrations in the rooftop and related interior space, as designated by Landlord on and within the Building (“Antenna Space”) for the use of communications antennas and/or satellite dishes for Tenant’s business (“Permitted Equipment”) and for no other purposes. Tenant shall have access to the rooftop upon twenty-four (24) hours prior notice to Landlord and when accompanied by a representative of Landlord. The location of all of such communications antennas and/or satellite dishes shall be at locations reasonably designated by Landlord provided that such locations will allow Tenant to transmit and receive reception without further payment of Rent interference (“Interference Free Location”). If from time to time a location designated by Landlord, which initially is acceptable to installTenant as an Interference Free Location, subsequently becomes unacceptable because of conditions which create interference, Landlord shall designate and make available to Tenant a new Interference Free Location. The installation and any costs relating thereto, and the maintenance, repair, replaceinsurance obligations and liability, removewith respect to such communications antennas and/or satellite dishes, operate shall be borne completely by Tenant. (b) Tenant shall, at its sole cost and expense, obtain and maintain satellite dishes any and all permits, approvals and/or microwave dishes, licenses required by the CC&Rs and other radio transmitting any and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), governmental agencies having jurisdiction over the Building for the purpose of receiving and sending telephone and other communication signalsconstruction, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment Permitted Equipment. Tenant shall be governed not use the Antenna Space in any way that interferes (electronically or otherwise) with the use of the Building by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision or by any third party office tenants or licensees of Landlord. Upon written notice from Landlord to Tenant of any such interference, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved Tenant shall immediately eliminate or mitigate such interference to the reasonable satisfaction of Landlord. If such interference cannot be eliminated or mitigated to the reasonable satisfaction of Landlord within five (5) business days following such notice, Tenant shall immediately cease operating the equipment or portion thereof causing such interference. Tenant shall not perform any maintenance, repairs, alterations or other work on the Permitted Equipment in any manner that disrupts or interferes with the use of the Building by Landlord and shall be installed in a lien-free manner in accordance with the provisions or by other tenants or licensees of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which . Tenant shall not be unreasonably withheld make any improvement or delayed. In addition, alteration or take any other action that affects the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance integrity of the Communication Equipment and any necessary related equipment (including, without limitation, costs roof of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for any damage, which Tenant or its agents or invitees may cause to the replacementroof. (c) Tenant shall cooperate with Landlord with respect to any and all maintenance and/or repair work performed by Landlord on or to the roof (collectively, repair and maintenance“Roof Work”) during the term, as the same may be extended. In connection with such cooperation, Tenant shall temporarily move and/or relocate, at Tenant's Landlord’s sole cost and expense, any and all portions of those areas the Permitted Equipment and Tenant’s improvements on or to the portion of the Antenna Space located on the roof of the Building surrounding Tenant's Communication Equipment to the extent and for the duration reasonably necessary to accommodate any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything Roof Work. Landlord shall notify Tenant not less than fifteen (15) business days prior to the contrary contained in this Lease. (iv) Tenant commencement of any Roof Work. Landlord shall endeavor use commercially reasonable efforts to use the Communication Equipment so as not to cause prevent any interference (i) with any other communications from or to the Project use and operation of the Permitted Equipment by Tenant during the performance of any Roof Work. In the event that Landlord desires to remodel, improve or otherwise alter the Building so as to require the relocation of the Permitted Equipment, then upon sixty (ii60) days prior notice to other existing tenants or occupants Tenant, Tenant shall cooperate with Landlord in relocating the Project who may use the communication facilities located Permitted Equipment provided that (a) such relocation is at the Project and/or related facilities. Landlord’s expense, and (vb) Landlord shall such relocation does not have any obligations with respect to adverse effect on the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet continued operation of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viiid) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner Upon termination of this Lease or upon Lease, Tenant shall (a) remove all of the imposition Permitted Equipment and any and all other equipment, fixtures and personal property of Tenant from the Antenna Space, (b) repair any governmental law or regulation which may require damage caused by such removal, and shall repair (c) surrender the Building upon such removal Antenna Space to the extent required by such work Landlord free and clear of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22all debris.

Roof Rights. (a) Subject to the satisfaction, in Landlord’s reasonable judgment, of all governmental lawsof the conditions set forth in this Article, rules Tenant, at Tenant’s sole cost and regulations expense, may install and compliance maintain two (2) satellite dishes or antennae in the aggregate (collectively, the “Communications Equipment”) on the roof or penthouse of the Building for use in connection with Tenant’s business in the CC&R'sPremises. Notwithstanding anything in this Article to the contrary, Tenant shall not be permitted to install the Communications Equipment unless (I) such Communications. Equipment conforms to the specifications and Tenant's contractors requirements set forth in the .drawings and specifications prepared by a licensed professional (“Communications Equipment Drawings”), which Communications Equipment Drawings shall first be approved by Landlord but subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed delayed, (as specified in Section 29.4 below)II) shall have the nonexclusive right and accessLandlord approves, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which approval shall not be unreasonably withheld or delayed, the size, capacity, power, location and proposed placement and method of installation of such Communications. Equipment, and (III) Tenant obtains, at its sole cost and. expense, and provides copies to Landlord of all necessary governmental permits and approvals, including, without limitation, special exception permits, if applicable, for the installation of the Communications Equipment upon the Building. Tenant, at Landlord’s direction, shall cause the Communications Equipment to be .painted in nonmetallic paint to match the materials on the penthouse, provided such painting shall have no adverse effect upon the performance of the Communications Equipment;. In addition, if the installation of the Communications Equipment on the roof of the Building would penetrate the roof of the Building, then Tenant shall not be permitted to install the Communications Equipment unless Tenant (i) contracts at no more than the current market rates with Landlord’s roofing contractor to retain the warranties and guaranties with respect to the roof, (ii) obtains the approval of Landlord, in writing, which approval shall not be unreasonably withheld provided the roof warranty will not be voided, and (iii) pays the cost of any structural support or alterations necessary to secure the Communications Equipment to the Building. The Communications Equipment shall be installed by a contractor reasonably acceptable to both Landlord and Tenant and thereafter shall be properly maintained by Tenant, ail at Tenant’s sole expense. At the expiration or earlier termination of the Lease Term, the Communications Equipment shall be removed from the Building at Tenant’s sole cost and expense and that portion of the Building that has been affected by the Communications Equipment shall be retuned to the condition it was in prior to the installation of the Communications Equipment. Tenant shall pay all subscription fees, usage charges and hookup and disconnection fees associated with Tenant’s use of the Communications Equipment and Landlord shall have no liability therefore. All of the provisions of this Lease, including, without limitation, the insurance, maintenance, repair, release and indemnification provisions shall apply and be applicable to Tenant’s installation, operation, maintenance and removal of the Communications Equipment. (b) Except as shown on the Communications Equipment Drawings, as reasonably approved by Landlord, Tenant shall not make any modification to the design, structure or systems of the Building, required in connection with the installation of the Communications Equipment without Landlord’s prior written approval of such modification and the plans therefore, which approval may be granted, conditioned or withheld by Landlord in its sole but reasonable discretion. Tenant agrees that, in addition to any indemnification provided Landlord in this Lease, Tenant shall indemnify and shall hold Landlord and Boston Properties, Inc., Boston Properties Limited Partnership, Landlord’s managing agent, and their employees, shareholders, partners, officers and directors, harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys’ fees and any costs of litigation) suffered by or claimed against Landlord, directly or indirectly, based on arising out of or resulting from Tenant’s use of the Communications Equipment and/or the conduits to connect the Premises to the Communications Equipment. In addition, Tenant shall be liable to Landlord for any actual damages suffered by Landlord or any other tenant or occupant of the Building for any cessation or shortages of electrical power or any other systems failure arising from Tenant’s use of the conduits to connect the Premises to the Communications Equipment. (c) Tenant, at its sole cost and expense, shall secure all necessary permits and approvals from all applicable governmental agencies with respect to the size, placement and installation of the Communications Equipment. Landlord, at no cost to Landlord, shall cooperate with Tenant’s efforts to obtain such permits and approvals. In the event Tenant is unable to obtain the necessary approvals and permits from any applicable federal, state, county or other local governing authorities for the Communications Equipment, Tenant shall have no remedy, claim, cause of action or. recourse against Landlord, nor shall such failure or inability to obtain any necessary permits or approvals provide Tenant the opportunity to terminate this Lease. (d) Landlord makes no representations or warranties concerning the suitability of the Building for the installation, protection for roof membraneoperation, specifications for roof penetration maintenance and flashing repair of the Communications Equipment, Tenant having satisfied itself concerning such matters. (e) Tenant shall be subject not have access to the Communications Equipment without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld or delayedgranted to the extent necessary for Tenant to perform its maintenance obligations hereunder only and only if Tenant is accompanied by Landlord’s representative (if Landlord so requests). Any such access by Tenant shall be subject to reasonable rules and regulations relating thereto established from time to time by Landlord, including without limitation rules and regulations prohibiting such access unless Tenant is accompanied by Landlord’s representative and Tenant’s argument to reimburse Landlord for costs incurred by Landlord to make Landlord’s representative available to accompany Tenant if after normal business hours. (iiif) All costs Upon at least thirty (30) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Communications Equipment, if in Landlord’s opinion such relocation is necessary or desirable. Any such relocation shall be performed by Tenant at Landlord’s expense, and in accordance with all of the requirements of this Section. Nothing in this Section shall be construed as granting Tenant any line of sight easement with respect to such Communications Equipment; provided, however, that if Landlord requires that such antenna be relocated in accordance with the preceding two (2) sentences, then Landlord shall provide either (a) the same line of sight for such Communications Equipment as was available prior to such relocation, or (b) a line of sight for such Communications Equipment which is equivalent in all material respects to that available prior to such relocation. (g) It is expressly understood that by granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Communications Equipment or its installation. In the event that any federal, state, county, regulatory or other authority requires the removal or relocation of such Communications Equipment, Tenant shall remove or relocate such antenna at Tenant’s sole cost and expense, and Landlord shall under no circumstances be liable to Tenant therefore. (h) The right to install Communications equipment upon the roof of the Building may be exercised by Tenant (or one permitted assignee at any one time pursuant to the terms of this Lease, but not any subtenants) for use only in the conduct of Tenants (or such permitted assignee’s) customary business in the Premises. No subtenant shall have any rights to install communications equipment on the roof of the Building pursuant to this Article. (i) Except as otherwise expressly provided for in this Article XXVII, Tenant’s right to use the roof or penthouse of the Building for the Communications Equipment shall be at no additional rental charge to Tenant during the Lease Tern. 27.2 Tenant shall maintain such insurance as is appropriate with respect to the installation, operation and maintenance of the Communication Equipment and Communications Equipment. Landlord shall have no liability on account of any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections damage to or interference with the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, at Tenant's sole cost and expense, of those areas on the roof operation of the Building surrounding Tenant's Communication Communications Equipment to the extent any such replacement, repair except for physical damage caused by Landlord’s gross negligence or maintenance is required by virtue of Tenant's installation, operation willful misconduct and Landlord expressly makes no representations or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations warranties with respect to the Communication Equipment. Landlord makes no representation that capacity for Communications Equipment placed on the Communication Equipment will be able roof or penthouse of the Building to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication transferring signals. The operation of the Communications Equipment shall be personal to at Tenant’s sole and absolute risk. Tenant shall in no event interfere with the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, use of any other person communications equipment located on the roof or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet penthouse of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE")Building; provided, however, such Qualifying Transferee's rights that in the event Tenant’s equipment interferes with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space placed on the Building or lease roof space on by other tenants, and the Building to parties cannot reasonably work out a resolution of such interference issues, then such other parties; provided, however, any party to which Landlord leases such roof space tenant shall be subject obligated to similar restrictions as set forth move or remove its equipment in this Article 22order to resolve such interference issues.

Roof Rights. Subject Provided that Tenant complies with terms of this Section 26.12, during the Term and any extensions thereof, Landlord agrees to allow Tenant to place and maintain, at Tenant’s risk and expense, antennae, and non-penetrating satellite dishes, voice, fiber optic, video, data, and internet and other telecommunications communications equipment, including all governmental lawsrequired equipment, rules infrastructure, conduits, chase ways and regulations and compliance with connectivity required to operate them (the CC&R's“Telecom Equipment”), Tenant and Tenant's contractors (which shall first be on the rooftop of the Buildings at a location approved by Landlord. That portion of the rooftop of the Buildings made available by Landlord but for equipment of tenants of the Project shall be for the exclusive use of Tenant save and except in the event Tenant ceases to occupy 100% of the Buildings, in which event: (a) Tenant shall retain the exclusive right and entitlement of the areas where it maintains its equipment together with a proportionate share of that portion of the remaining area of the roof of the Buildings made available by Landlord for equipment of tenants of the Project (e.g. if Tenant occupies 50% of the rentable area of the applicable Building, then it shall be entitled to the exclusive use of that portion of 50% of the available area made available by Landlord for equipment of tenants of the applicable Building of the roof); (b) Landlord shall only permit installations on the roof by third parties if they do not damage or materially interfere with Tenant’s business, security or equipment at the Premises; (c) Landlord covenants and agrees not to permit the use of any space on the roof by any Primary Competitor without Tenant’s prior written consent; and (d) Tenant shall be entitled to screen/fence off its Telecom Equipment, at its expense, subject to Landlord’s approval which cannot be unreasonably withheld, conditioned or delayed. Tenant acknowledges and agrees that Landlord may take into account aesthetics to ensure that such screen/fence does not visibly or physically detract from the façade of the Buildings and surrounding business park. The installation of Tenant’s Telecom Equipment shall be subject to Tenant providing Landlord with detailed designs and specifications, all necessary consents, approvals, permits or registrations, including architectural guidelines in effect for the area in which the Buildings are located as they may be amended from time to time, required for the installation, maintenance, use or operation of the Telecom Equipment and Landlord, and its consultants and engineers, approving and reviewing said designs and specifications, which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have withheld. Notwithstanding anything to the nonexclusive right and accesscontrary contained herein, without further payment Landlord may withhold its consent to the installation of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose Telecom Equipment if such installation would require any penetration of receiving and sending telephone and other communication signals, at a location on the roof of either Building. If the Building as reasonably requested by Telecom Equipment uses any electricity, Tenant shall pay for the cost to purchase and reasonably approved install electrical submeter equipment and wiring, and thereafter Tenant shall pay to Landlord the monthly electrical submeter charges throughout the Term. Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord in writing. Tenant's installation that such plans and operation of the Communication Equipment specifications comply with sound architectural guidelines and/or engineering practices or will comply with all applicable Laws; such compliance shall be governed by the following terms and conditions: (i) sole responsibility of Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lienAll third-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All party costs of installation, operation Landlord relating to such approval and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections review are to the Building's electrical system) shall be borne by Tenant. All Tenant shall install the Telecom Equipment in accordance with the detailed designs and specifications submitted and approved by Landlord per the above and shall take such Communication Equipment shall be screened necessary measures to commercially reasonable standards and to prevent visual impairmentensure that it does not interfere with any equipment, installation, dish and/or antennae and/or other communication system on or near the Buildings then in existence at the time of installation. Upon expiry or termination of this Lease, Tenant shall be responsible for all costs for the replacementremoval of the Telecom Equipment, repairing any damage incurred to the roof of the Buildings as a result of its access, installation and removal of the Telecom Equipment, and restoring the roof to the condition in which it were prior to the installation of the Telecom Equipment, subject to reasonable wear and tear. Tenant shall, at its own expense, maintain and insure the Telecom Equipment during the Term and any extensions thereof. Tenant shall operate and maintain the Telecom Equipment and the screening therefor in good repair and maintenancecondition, in accordance with all Laws, all manufacturer’s suggested maintenance programs, and the approved plans and specifications therefor, all at Tenant's ’s sole cost and expense. In addition to Tenant’s other obligations hereunder, Tenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Telecom Equipment and associated equipment within or serving the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of those areas on the roof of the Building surrounding Tenant's Communication Equipment such contract (which may be redacted to remove any confidential information unrelated to the extent any such replacement, repair or maintenance is required by virtue scope of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything work covered thereby) must be provided to Landlord. All work relating to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Telecom Equipment shall, at Tenant’s expense, be coordinated with Landlord’s roofing contractor so as not to affect any warranty for the roof of either Building. Tenant may not relocate any of the Telecom Equipment without the prior written consent of Landlord. Tenant agrees that, upon at least 30 days’ prior written notice to Tenant from Landlord that Landlord requires Tenant to relocate any Telecom Equipment (which notice may be given at any time and from time to time during the Term), Tenant shall relocate such Telecom Equipment (as requested by Landlord) from the then existing location to any substitute location reasonably designated by Landlord on the applicable Building. Tenant shall complete such relocation prior to the expiration of such 30-day period and upon the expiration of such 30-day period Tenant shall have no further right to use or occupy the prior location until the completion of such roof repair or replacement, at which time Landlord may notify Tenant to relocate back to the original location and Tenant will perform such relocation as soon as reasonably practicable after such notice. In the event Landlord exercises its right to cause Tenant to relocate all or a portion of the Telecom Equipment pursuant this Section 26.12, Landlord shall use its commercially reasonable efforts to minimize any interference (i) disruption to Tenant’s operations as a result thereof. Tenant shall repair all damage to the Buildings caused by the installation, maintenance or removal of the Telecom Equipment at any such prior rooftop locations. Any and all costs and expenses associated with the relocation of any such Telecom Equipment and related restoration work in order to accommodate the repair, replacement or maintenance of the roof or other area of the Buildings, or equipment associated with any other communications from or of the foregoing, shall be paid by Tenant within 30 days following Landlord’s request therefor. Otherwise, any such relocation and related restoration shall be at Landlord’s cost and expense. Tenant and Tenant Parties shall have access to the Project or (ii) to other existing tenants or occupants in rooftop of the Project who may use Buildings at all times during the communication facilities located Term, at Tenant’s sole risk. For all purposes under this Lease, the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Telecom Equipment shall be personal deemed to be included within the Original definition of Tenant’s Off-Premises Equipment. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE TELECOM EQUIPMENT, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity only use the Telecom Equipment in connection with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22Tenant’s business. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment such equipment, whether by sublease, license, occupancy agreement or otherwise without Landlord's consentotherwise, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations except in connection with Permitted Transfers and any other Transfers approved by Landlord. So long as Tenant is the installation, maintenance or use sole occupant of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such applicable Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves covenants and agrees that it shall not undertake, install or consent to or permit to be installed on the right to use a portion roof of the roof space on applicable Building any solar, wind or other similar apparatus, billboard, signage or other installation save and except with the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22consent of Tenant.

Roof Rights. Subject A. Tenant, at its sole cost and expense and subject to all governmental lawsthe provisions of this Article 52, rules and regulations and compliance with the CC&R's, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditionsrights: (i) Tenant may install upon the roof of the Building, in a specific location designated by Landlord (the "Roof Location") in its sole discretion, a single antenna or single satellite dish ("Tenant's right Telecommunications Equipment") and may connect the same to installthe Demised Premises provided, replacehowever, repair, remove, operate and maintain that the Communication Equipment type of the same to be installed shall be satisfactory to Landlord in its sole discretion. The rights afforded Tenant pursuant to the preceding sentence are subject to all governmental laws, rules and regulations and Landlord makes no representations that are granted upon the express condition that: (1) any such laws, rules and regulations permit such installation and operation. Any such installation installations shall be under deemed a structural alteration within the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord meaning and shall be installed in a lien-free manner in accordance with subject to the provisions of this Lease. Article 3 hereof; (ii2) The exact sizeTenant, quality, materials at its sole cost and aesthetics of, and expense shall maintain the Tenant's Telecommunications Equipment; (3) Tenant shall promptly repair any required screening for, damage caused to the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment Building (including, without limitation, costs the roof or any exterior portions thereof) by reason of obtaining any necessary permits and of connections to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacementinstallation, repair and maintenance, at Tenant's sole cost operation, removal and expense, replacement of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Telecommunications Equipment, notwithstanding anything to the contrary contained in this Lease. ; (iv4) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at applicable Tenant's sole expense Telecommunications Equipment (other than connections to the Demised Premises) upon the expiration or sooner termination of the term of this Lease lease; and (5) Tenant shall repair any resulting damage to the Building (including, without limitation, the roof or upon any exterior portions thereof) and restore the imposition Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted. The parties agree that Tenant's use of the roof of the Building is a non-exclusive use and Landlord may permit the use of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a other portion of the roof space by any other person for any use, including installation of other antennae, dishes and similar telecommunications equipment so long as any such equipment which is installed after the date on which the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases applicable piece of Tenant's Telecommunications Equipment is installed does not unreasonably interfere with such roof space shall be subject to similar restrictions as set forth in this Article 22piece of Tenant's Telecommunications Equipment.

Roof Rights. 44.01. Subject to all governmental laws, rules and regulations and compliance with the CC&R'srequirements of this Article 44, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to may install, repairmaintain and operate, replaceat Tenant’s sole cost and expense, removetelecommunications and wireless antennae, operate and maintain satellite microwave dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related communications equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location “Rooftop Equipment”) on the structures therefor provided by Landlord on the roof of the Building as reasonably requested by Tenant and reasonably approved run cables therefrom into the demised premises through up to four (4) inches of conduit space provided by Landlord in writingsuch locations as Landlord may designate. Tenant's installation and operation The size of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics ofRooftop Equipment, and any required screening forthe location thereof on the structure provided therefor on the roof of the Building, the Communication Equipment shall be subject to Landlord's prior written consent which ’s reasonable approval. Tenant shall not be unreasonably withheld required to pay Landlord any rent for the use of the roof. Tenant acknowledges that: (i) Tenant’s use of the roof of the Building is a non-exclusive use and Landlord may permit any person or delayed. In additionentity to use any other portion of the roof of the Building for any use; (ii) the installation of the Rooftop Equipment shall be deemed to be a Tenant Alteration requiring Landlord’s approval in accordance with the applicable provisions of this Lease; (iii) if Landlord’s structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the installation of the Rooftop Equipment, Landlord shall, prior to any installation of the Rooftop Equipment, perform the same at Tenant’s sole cost and expense in accordance with plans and specifications approved by Landlord; (iv) without limiting the other conditions set forth in this Article 44, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the provisions of Articles 3 and 32, and the other provisions of this Lease applicable to Tenant Alterations; (v) Tenant, at Tenant’s expense, shall comply with all Legal Requirements and procure and maintain all necessary permits and approvals required therefor (Tenant hereby acknowledging that Landlord is making no representations as to the permissibility of any Rooftop Equipment on the roof of the Building by any governmental authority having jurisdiction thereof, it being understood that Landlord shall, subject to reimbursement within 30 days’ demand, for all actual reasonable out-of-pocket expenses (including interest thereon at the Interest Rate from and after such thirtieth (30th) day until reimbursed), reasonably cooperate with Tenant in connection with obtaining such permits (at no liability to Landlord), including, without limitation, by executing and delivering to Tenant such applications, instruments and other documents as Tenant may reasonably request in connection therewith; (vi) Tenant shall promptly repair any damage (whether structural or non-structural) caused to the roof or any other portion of the Building or its fixtures, equipment and appurtenances by reason of the installation, protection maintenance or operation of the Rooftop Equipment (or, at Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. the actual reasonable out-of-pocket costs thereof within 30 days after rendition of a xxxx therefor); (iiivii) All costs of the installation, operation and maintenance of the Communication Rooftop Equipment shall not interfere with the operation and maintenance of any necessary related equipment installations existing on the date Tenant installs the Rooftop Equipment; (viii) if Tenant’s installation, operation or maintenance of the Rooftop Equipment shall interfere with Landlord’s rights (including, without limitation, costs Landlord’s right to use the remainder of obtaining the roof of the Building for any necessary permits and of connections to purposes) or other present or future tenants in the Building's electrical system) , Tenant shall cooperate, at no cost to Tenant, with Landlord or such other tenants in eliminating such interference; provided that in cases where the interference affects installations existing on the date Tenant installs the Rooftop Equipment the cost of remedying such interference shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards ; and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, at Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (ivix) Tenant shall endeavor to use the Communication Equipment so as not to cause pay any interference (i) with any other communications from additional or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord increased insurance premiums incurred by Landlord, and shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance obtain and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible pay for any damage caused additional insurance coverage for the benefit of Landlord in such amount and of such type as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations Landlord may reasonably require in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Rooftop Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.

Roof Rights. Subject to all governmental laws(a) Tenant shall have a license, rules and regulations and compliance which is revocable only in accordance with the CC&R'sprovisions of this Section 10.9 and upon the Expiration Date (at no cost to Tenant, Tenant other than as set forth herein) to utilize roof space for the installation and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld operation of one or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and accessmore communications antennae, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain microwave or satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cablerelated equipment, wiringmountings, conduits and related equipment supports (collectively, "COMMUNICATION EQUIPMENT"“Telecommunications Equipment”), for the purpose of receiving and sending telephone and other communication signals, at a location Landlord shall provide Tenant with such space on the roof of the Building as is reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's necessary for the installation and operation of Tenant’s Telecommunications Equipment (but in no event shall the Communication aggregate amount of such space exceed at any point in time Tenant’s proportionate share of space on the roof of the Building allocated by Landlord to office tenants, so long as Tenant demonstrates, to the reasonable satisfaction of Landlord, that Tenant requires such roof space; it being agreed that in no event shall Tenant be entitled to less than sixteen (16) square feet of such roof space), subject to the terms of this Section 10.9. Tenant acknowledges and agrees that any use of the roof space by Tenant for the installation and operation of Tenant’s Telecommunications Equipment shall be governed on a non-exclusive basis, except as to that portion of the roof space provided by Landlord to Tenant as aforesaid. Tenant may use the following terms roof space solely for Tenant’s own use and conditions: for the use of Tenant’s permitted subtenants, provided that Landlord shall not charge such subtenants any fee, rent or other direct or indirect charge for such usage (i) Tenant's right to installand not for resale purposes); provided, replacehowever, repair, remove, operate and maintain the Communication Equipment that Tenant shall be entitled to license a portion of its roof space and riser space to a third party carrier for the provision of communications and data services solely within the Premises, subject to all governmental lawsLandlord’s reasonable approval (provided that no fee, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation rent or other direct or indirect charge shall be under charged to the supervision licensee therefor). The height, diameter, design and installation of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment satellite dishes or other telecommunications equipment shall be subject to Landlord's prior written consent ’s approval, which shall not be unreasonably withheld or delayed. In additionconnection therewith, Landlord shall make available to Tenant access to the roof space for the construction, installation, protection for roof membranemaintenance, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installationrepair, operation and maintenance use of Tenant’s Telecommunications Equipment. All work in connection with the Communication Equipment and any necessary related equipment (includinginstallation of Tenant’s Telecommunications Equipment, without limitationincluding core drilling, costs of obtaining any necessary permits and of connections to the Building's electrical system) if required, shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, performed at Tenant's ’s sole cost and expense, including the cost of those areas on 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. References in this Section 10.9 to the roof Telecommunications Equipment shall be deemed to include access to the Risers (subject to the provisions of Sections 10.17 and 10.18 hereof) and the Building surrounding electrical and telecommunication conduits therein so as to allow Tenant's Communication ’s Telecommunications Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Leasefunction properly. (ivb) Tenant shall endeavor to use the Communication and maintain Tenant’s Telecommunications Equipment so as not to cause any damage to or interference with (i) with any other communications from the operation of the Building or to the Project Building systems or (ii) to any Telecommunications Equipment installed on the roof space by licensees, occupants and other existing tenants or occupants in the Project who may Building. The installation of any Telecommunications Equipment by Tenant shall constitute a Non-Standard Alteration and shall be performed at Tenant’s sole cost and expense (including any costs and expenses in connection with reinforcing the roof of the Building, if required) in accordance with and subject to the provisions of Article 4. All of the provisions of this Lease shall apply to the installation, use and maintenance of the communication facilities located at the Project and/or related facilitiesTenant’s Telecommunications Equipment, including all provisions relating to compliance with Legal Requirements (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. Tenant’s Telecommunications Equipment shall not be used or occupied by others (except by Tenant’s permitted subtenants, provided that Landlord shall not charge such subtenants any fee, rent or other direct or indirect charge for such usage), and this license shall not be assignable, sublet or otherwise transferable by Tenant separately from this Lease, except as provided herein. Tenant’s Telecommunications Equipment shall be treated for all purposes of this Lease as Tenant’s Property. (vc) If Landlord shall determine, in its reasonable judgment, that any Tenant’s Telecommunications Equipment (i) will cause a health hazard or danger to property, (ii) will not be in accordance with applicable Legal Requirements, or (iii) interferes with the operation of the Building or the Building Systems or Landlord’s use of the roof, including the use of the roof by Landlord or other tenants, licensees or occupants of the Building of data transmission equipment thereon installed prior to the installation of Tenant’s Telecommunications Equipment (other than in the case of any modification of or addition to any of Tenant’s Telecommunications Equipment that is made subsequent to the installation of such other Person’s data transmission equipment), then, if Tenant is unable to promptly cause such Telecommunications Equipment to comply with such Legal Requirements, xxxxx such health hazard, danger to property or interference, Tenant, at its sole cost and expense, shall remove such Telecommunications Equipment from the roof of the Building (subject to the proviso set forth below) and, Tenant may, at Tenant’s option, but subject to Landlord’s approval as provided in Section 10.9(a), replace such Telecommunications Equipment with Telecommunications Equipment which complies with such Legal Requirements and/or does not cause such health hazard, danger to property or interference (provided that solely with respect to any such interference under clause (iii) above, if Tenant’s Telecommunications Equipment initially installed interferes with telecommunications equipment of Landlord or other tenants subsequently installed, then Tenant shall not be required to remove such Telecommunications Equipment, but shall, at Landlord’s request, use reasonable efforts to minimize such interference). Notwithstanding the foregoing, Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) require Tenant, using Landlord’s roofing contractor and any other contractors reasonably required by Landlord, to relocate Tenant’s Telecommunications Equipment to another area on the roof designated by Landlord, at Landlord’s sole cost and expense; provided that such relocation of Tenant’s Telecommunications Equipment does not cause the transmission or reception of communication signals to be materially interrupted or impaired other than temporarily during the process of relocating such Telecommunications Equipment. Landlord agrees that it shall not exercise its option to relocate Tenant’s Telecommunications Equipment, as set forth in the previous sentence, more than (A) four (4) times during the initial Term and (B) four (4) times in the aggregate during all of the Renewal Term(s); provided that any relocations in connection with Legal Requirements or emergency situations shall not be governed by such limitations. Landlord shall use commercially reasonable efforts to include provisions substantially similar to this Section 10.9(c) in all leases for space in the Building entered into by Landlord after the date hereof. (d) If during the Term, Tenant shall cease to use any Tenant’s Telecommunications Equipment located on the roof of the Building (other than Tenant’s Telecommunications Equipment located in not more than sixteen (16) square feet of roof space) for a period of time in excess of three hundred sixty-five (365) days and Landlord delivers to Tenant a notice setting forth Landlord’s intention to take such space on the roof back from Tenant, Tenant shall, at its sole cost and expense, remove such Telecommunications Equipment from the roof of the Building within sixty (60) days after receipt of such notice from Landlord and Tenant shall have no further rights under this Section 10.9 unless Tenant (i) notifies Landlord within such sixty (60) day period of its intention to reinstitute use of such Telecommunications Equipment or replace same, (ii) takes significant steps to reinstitute use of such Telecommunications Equipment or replace same within ninety (90) days after delivery by Tenant of such notice and (iii) actually reinstitutes use of such Telecommunications Equipment or replaces same within one hundred eighty (180) days after delivery by Tenant of such notice. (e) Other than as set forth in this Section 10.9, Landlord shall not have any obligations with respect to Tenant’s Telecommunications Equipment or compliance with any Legal Requirements (including the Communication Equipmentobtaining of any required permits or licenses, or the maintenance thereof) relating thereto. Landlord makes no representation that the Communication Tenant’s Telecommunications Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor, except for such disruption or interference solely caused by the gross negligence or willful misconduct of Landlord. Landlord shall use commercially reasonable efforts to include provisions substantially similar to this Section 10.9 in all leases for space in the Building entered into by Landlord after the date hereof to provide that Landlord will relocate (at no cost to Tenant) the telecommunications equipment of Landlord or another tenant, licensee or occupant if same interferes with Tenant’s Telecommunications Equipment installed prior to such other Person’s telecommunications equipment (except with respect to any modifications to Tenant’s Telecommunications Equipment made subsequent to the installation of such other Person’s telecommunications equipment). (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (viif) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication use of Tenant’s Telecommunications Equipment, (ii) subject to the provisions of Section 8.2 and this Section 10.9, promptly pay any tax, license license, permit or permit other fees charged or charges imposed pursuant to any laws Legal Requirements or regulations in connection with insurance requirements relating to the installation, maintenance or use of the Communication Equipment and such Telecommunications Equipment, (iii) promptly comply with all precautions and safeguards recommended reasonably required by Landlord’s insurance company and all governmental authoritiesGovernmental Authorities, and (iiiiv) pay for perform all necessary repairs or replacements to, or maintenance of, such Telecommunications Equipment, provided, however, that if Tenant’s failure to so repair, replace or maintain such Telecommunications Equipment jeopardizes the property of Landlord or any other tenant located on the roof or within the Building, Landlord may, at Landlord’s option and after twenty (20) days’ notice to Tenant (except in an emergency, in which case such notice shall be oral, with written notice to follow reasonably promptly thereafter), elect to perform such repairs, replacements to or maintenance at Tenant’s sole cost and expense. Landlord shall give Tenant reasonable prior notice of its election to perform such repairs to the Communication Equipment and all roof repairs required by extent Landlord is granted such rights pursuant to the installation and maintenance terms of the Communication Equipmentthis Section 10.9(f), except in an emergency, in which case such notice shall be oral, with written notice to follow reasonably promptly thereafter. (viiig) The Communication Equipment Tenant acknowledges and agrees that the privileges granted Tenant under this Section 10.9 shall remain not, now or at any time after the sole property installation of Tenant. ’s Telecommunications Equipment, be deemed to grant Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration a leasehold or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair other real property interest in the Building or any portion thereof, including the Building’s roof. The license granted to Tenant in this Section 10.9 shall automatically terminate and expire upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect (including renewals) and the termination of such license shall be self-operative and no further instrument shall be required to effect such Buildingtermination. Notwithstanding the foregoing, Landlord may do so upon request by Landlord, Tenant, at Tenant's ’s reasonable expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] , shall promptly execute and deliver to Landlord, in recordable form, any certificate or other document reasonably required by Landlord reserves confirming the termination of Tenant’s right to use a portion the roof of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Building. Any dispute between Landlord leases such roof space and Tenant under this Section 10.9 shall be subject submitted to similar restrictions as set forth in this arbitration pursuant to Article 2234.

Roof Rights. Subject Tenant may, at its sole cost and expense, install on the roof of the Building (i) without any supplemental rental charge by Landlord, two (2) satellite dishes OR two (2) antennae OR one (1) satellite dish and one (1) antenna, plus related communications equipment, (ii) subject to all governmental lawssuch supplemental rental charges by Landlord as are "market" charges to an office tenant for the right to install and maintain telecommunications equipment of the nature, rules number and regulations size to be installed (but not to exceed $500.00 per month), such satellite dishes, antennae and compliance with related communications equipment in addition to those contemplated by clause (i) as Landlord shall reasonably approve (the CC&R'sequipment described in clauses (i) and (ii) being collectively called the "SATELLITE DISH"), Tenant and/or (iii) without any supplemental charge by Landlord, supplemental HVAC equipment (the "SUPPLEMENTAL HVAC EQUIPMENT"), subject to the approval by Landlord of the Satellite Dish and Supplemental HVAC Equipment proposed to be installed by Tenant's contractors (which shall first , such approval not to be unreasonably withheld or delayed, in each case at a specific location or locations designated by Landlord and approved by Landlord but Tenant, which approval shall not be unreasonably withheld or delayed (as specified delayed. Before installing the Satellite Dish and Supplemental HVAC Equipment, Tenant shall submit to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, plans and specifications which specify in Section 29.4 below)) shall have detail the nonexclusive right and accessdesign, without further payment of Rent to Landlordlocation, to installsize, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishestechnical specifications, and other radio transmitting frequency of the Satellite Dish and receiving antennae, together Supplemental HVAC Equipment and are sufficiently detailed to allow for the installation of the Satellite Dish and Supplemental HVAC Equipment in a good workmanlike manner and in accordance with all necessary cableapplicable laws and regulations, wiringincluding any restrictions applicable to the Building. Following Landlord's approval of such plans and specifications, conduits Tenant shall install in a good workmanlike manner, maintain, and related equipment (collectivelyuse the Satellite Dish and Supplemental HVAC Equipment in accordance with all applicable laws and regulations, "COMMUNICATION EQUIPMENT"), and shall obtain all permits required for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation thereof. At Landlord's option, Tenant shall screen the Satellite Dish and Supplemental HVAC Equipment with a parapet wall or other screening device complying with all applicable laws and in a manner reasonably acceptable to Landlord. Tenant may only use the Satellite Dish in connection with Tenant's business and may not allow any third party (other than an affiliated party) to use such Satellite Dish, whether by sublease, license, occupancy or otherwise, without Xxxxxxxx's prior written consent. Tenant shall, at its sole cost and expense, remove the Satellite Dish and Supplemental HVAC Equipment, exclusive of wiring and cabling, within ten (10) business days after the occurrence of any of the Communication Equipment shall be governed by the following terms and conditions: events: (i) the termination of Tenant's right to installpossess the Premises, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact sizethe termination of the Lease, qualityor (iii) the expiration of the Term. If Tenant fails to do so, materials Landlord may remove the Satellite Dish and aesthetics ofSupplemental HVAC Equipment and store or dispose of them in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within thirty (30) days after Xxxxxxxx's request therefor. Tenant shall repair any damage to the Building caused by or relating to the Satellite Dish and Supplemental HVAC Equipment, including that which is caused by its installation, maintenance, use or removal, and shall indemnify Landlord against any required screening forand all loss, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, costs and expense arising from the installation, protection for roof membranemaintenance, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld use or delayed. (iii) All costs of installation, operation and maintenance removal of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections satellite dish. All work relating to the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards Satellite Dish and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenanceSupplemental HVAC shall, at Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenantbe coordinated with Landlord's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in this Lease. (iv) Tenant shall endeavor to use the Communication Equipment roofing contractor so as not to cause affect any interference (i) warranty for the Building's roof. Tenant shall install, operate and maintain the Satellite Dish in such a manner so as not to unreasonably interfere with any other communications from satellite dish, antenna, or to other transmission facility on the Project Building's roof or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilitiesBuilding. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expense. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a portion of the roof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.

Roof Rights. Subject to all governmental lawsExcept as hereinafter provided, rules and regulations and compliance with during the CC&R'sTerm of the Lease (as it may be extended), Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive sole and exclusive right at no additional cost to install and accessmaintain, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of elsewhere on the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant's right to installProject, replacesatellite dishes, repairtelevision or communications antennas or facilities, removerelated receiving or transmitting equipment, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease. (ii) The exact size, quality, materials and aesthetics of, related cable connections and any required screening for, the Communication Equipment shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary all other related equipment (includingcollectively, “Communications Equipment”) required in connection with Tenant’s communications and data transmission network. Tenant may license, assign or sublet without limitationLandlord’s consent the right to use any of such Communications Equipment or roof space, costs of obtaining whether or not in conjunction with any necessary permits and of connections to sublease or assignment regarding the Building's electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairmentPremises. Tenant shall be responsible for have the replacementright to use “risers” in the Building over and above those provided in the Base Building Improvements (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building Systems. In addition to the foregoing, repair and maintenanceTenant shall, at Tenant's sole cost and expenseits option, of those areas have the right to use additional space on the roof of the Building surrounding for Tenant's Communication ’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). All such Communications Equipment to and HVAC Units shall be screened from view of pedestrians. Furthermore, the extent exact location, construction method and installation of any such replacementCommunications Equipment or HVAC Unit shall be mutually and reasonably acceptable to Landlord and Tenant and Tenant shall have secured, repair or maintenance is at Tenant’s sole cost and expense, the approval of all governmental authorities and all permits required by virtue governmental authorities having jurisdiction over such approvals and permits for the Communications Equipment and the HVAC Unit, and shall provide copies of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything such approvals and permits to the contrary contained in this Lease. (iv) Tenant shall endeavor Landlord prior to use the Communication Equipment so as not to cause commencing any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities. (v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. (vi) Tenant's rights work with respect to such Communication Communications Equipment and the HVAC Unit. Landlord shall be personal have the right to place reasonable conditions upon the Original Tenant executing this Lease and may not be assigned or transferred to, or utilized by, any other person or entity with the exception method of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect installation as reasonably necessary to Communication Equipment shall be subject to all the terms and conditions of this Article 22preserve Landlord’s roof warranty. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party alter its Communications Equipment in connection with technological upgrades from time to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld. (vii) time. Tenant shall (i) be solely responsible pay for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations and all costs and expenses in connection with the installation, maintenance or maintenance, use and removal of the Communication Communications Equipment and comply with all precautions and safeguards recommended by all governmental authoritiesthe HVAC Unit, and (iii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment including without limitation any and all costs related to ensuring that Landlord’s roof repairs required warranties related to the Building or any portion thereof are not terminated, negated in any way by the installation any of such installations or by Tenant’s applicable repair and maintenance of such facilities, but in no event shall Tenant be obligated to pay Landlord any rental or license fees for any area(s) on which the Communication Equipment. (viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Communications Equipment and related equipment at Tenant's sole expense upon the expiration or sooner termination of this Lease or upon HVAC Unit shall be located. The contractor selected by Tenant to install and to maintain and repair any such Communications Equipment and HVAC Units shall be reputable and licensed in the imposition of any governmental law or regulation which may require removal, and shall repair jurisdiction where the Building upon such removal is located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the extent required by such work of removal. If Tenant fails to remove the Communication Communications Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, Landlord may do so at Tenant's expenseHVAC Unit. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the right to use a No portion of the roof space on shall be included in or designated as rentable area. Upon termination or expiration of this Lease, Tenant shall remove the Communications Equipment installed by it pursuant to this Article 34, at Tenant’s expense, and shall repair and restore any damage to the Building or lease roof space on the Building and Project caused by such removal to other parties; provideda condition comparable to that existing prior to such installation, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22normal wear and tear excepted.