Common use of Rooftop Rights Clause in Contracts

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.

Rooftop Rights. Provided that Commencing on the Lease Commencement Date, Tenant remains shall continue to have the right to use the satellite dish it installed under the Existing Lease on the terms set forth in occupancy of the entire Premises, then in accordance with, and subject Section 6.6 thereof. Subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs terms and conditions set forth in Article 8 of this Lease and this Section 29.406.5, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one communications devices (1the number of which shall be determined by Landlord in its sole and absolute discretion) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet six (2’6) high, two feet (2’) long and two feet (2’) widefeet. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 6.5 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.406.5, in no event shall Tenant access make any improvements or alterations on the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 6.5 shall be personal to the Original Tenant and any Permitted Transferee AssigneeTransferee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.

Rooftop Rights. Provided that (a) Tenant remains shall be permitted, in occupancy locations on the roof of the entire PremisesBuilding as approved by Landlord in writing in advance, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may to install, repairoperate, maintain maintain, repair and useremove, all at Tenant’s sole cost and expenseexpense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but without not limited to any costs for electric power that Tenant uses in the payment Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of any Base Rent or similar fee or charge, one (1) satellite dish the Building to lease space on the roof of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the sending conduct of such tenant’s business operations in the Building and receiving of signals or broadcasts (not elsewhere, provided that there shall be no generation or transmission of commercial signals or broadcasts(i) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited continue to costs of electricity and insurance related have full access to the Rooftop Equipment. Landlord 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 Rooftop Communications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assigneeii) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such install, use, improve, add to and replace Rooftop Communications Equipment shall be non-exclusiveexclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude prohibit the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not and/or operation by any other assigneeparty of, sublessee or any additional microwave dishes/earth satellite disks, antennae, towers and/or other transferee of structures on the roof which would, in Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as reasonable judgment, interfere with Tenant’s use of the date of the attempted exercise of its rooftop rights set forth hereinRooftop Communications Equipment which is then in place.

Rooftop Rights. Provided that Landlord grants Tenant remains in occupancy of the entire Premisesappurtenant, then in accordance withnon-exclusive, and subject to, irrevocable (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect except upon the expiration or earlier termination of this Lease) license at no additional charge, orbut otherwise subject to the terms and conditions of this Lease, to use a portion of the roof of the Building approved by Landlord (the “Rooftop Installation Area”) to operate, maintain, repair and replace a supplemental heating, ventilating and air conditioning unit (or units), appurtenant to the uses permitted under Section 7.1 of the Lease (collectively, the “Supplemental HVAC Unit”). The exact location and layout of the Rooftop Installation Area shall be approved by Landlord and Tenant in their reasonable discretion. Any electricity consumed by the Supplemental HVAC Unit shall be paid for by Tenant in the manner applicable to electricity to the Premises under this Lease. Tenant shall install the Supplemental HVAC Unit at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the provisions of this Lease, including without limitation Section 8.3. Tenant shall not install or operate the Supplemental HVAC Unit until it receives prior written approval of the plans for such work in accordance with Section 8.3. Landlord may withhold approval if the installation or operation of the Supplemental HVAC Unit reasonably would be expected to damage the structural integrity of the Building. Landlord may condition its approval of the Supplemental HVAC Unit upon Tenant’s structural re-enforcement of the roof as deemed necessary or desirable by Landlord in order to accommodate the Supplemental HVAC Unit. Tenant shall cooperate with Landlord as reasonably required to accommodate any re-roofing of the Building during the Term and Tenant shall be responsible for any costs associated with working around, moving or temporarily relocating Tenant’s Roof Equipment. Landlord shall use commercially reasonable efforts to complete any such re-roofing as soon as is practicable. Tenant shall have access to the rooftop for the purposes of exercising its rights and obligations under this Article 17 twenty-four (24) hours per day and seven (7) days per week, subject to Landlord’s reasonable security measures. Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of the Supplemental HVAC Unit, whether under this Article 17 or otherwise, and shall always comply with the roof warranty governing the protection of the roof and modifications to the roof. Tenant shall obtain a letter from Landlord’s roofer following completion of such work stating that the roof warranty remains in effect. Tenant, at its sole cost and expense, shall cause a qualified employee or contractor to inspect the Rooftop Installation Area at least quarterly and as often as recommended by the manufacturer of the Supplemental HVAC Unit and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of the Supplemental HVAC Unit. Tenant shall pay Landlord following a written request therefor, with the next payment of Base Rent, (i) all applicable taxes or governmental charges, fees, or impositions imposed on Landlord because of Tenant’s use of the Rooftop Installation Area and (ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of the Supplemental HVAC Unit. The Supplemental HVAC Unit shall be screened or otherwise designed so that it is not visible from the ground level of the Property. Unless Landlord notifies Tenant to the contrary at least thirty (30) days prior to the expiration of the Term, the Supplemental HVAC Unit shall be removed by Tenant at its own expense at the expiration or earlier termination of the Term or Tenant’s right to possession hereunder and, in such event, Tenant shall repair any damage caused by such removal. Tenant agrees that the event installation, operation and removal of the Supplemental HVAC Unit shall be at its sole risk. Tenant shall indemnify and defend Landlord and Landlord’s agents and employees against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligence or a Permitted Transferee Assigneewillful misconduct of Landlord or its employees, agents or contractors) no longer occupies arising out of the Premisesinstallation, use, operation, or removal of the Supplemental HVAC Unit by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Article 17. Prior to The provisions of this paragraph shall survive for one (1) year following the expiration or earlier termination of this Lease. Landlord may have granted and may hereafter grant roof rights to other parties, and permit installations on the rooftop by other parties, including other Building tenants in the event that Tenant shall, as promptly as possible but in is no event more than fifteen (15) days thereafter, remove and restore longer the affected portion sole tenant of the rooftop, Building. If the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right Supplemental HVAC Unit (i) causes physical damage to itself utilize any portion of the rooftop structural integrity of the Building, and (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the vicinity of the Building, Tenant shall promptly cooperate with Landlord or any other tenant or third party making such claim to re-selldetermine the source of such interference and effect a prompt solution at Tenant’s expense (if the Supplemental HVAC Unit caused such interference or damage). Based on Landlord’s good faith determination that such relocation is necessary, license or lease any rooftop Landlord reserves the right to cause Tenant to relocate the Supplemental HVAC Unit located on the roof to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to an unaffiliated third party; providedwhich the Supplemental HVAC Unit is to be relocated, howeverthe timing of such relocation, and the terms of such relocation, then Landlord shall have the right to make all such determinations in its reasonable judgment. Landlord agrees to pay the reasonable cost of moving the Supplemental HVAC Unit to such other space, taking such other steps necessary to ensure comparable functionality of the Supplemental HVAC Unit, and finishing such space to a condition comparable to the then condition of the current location of the Supplemental HVAC Unit. Tenant shall arrange for the relocation of the Supplemental HVAC Unit within sixty (60) days after a comparable space is agreed upon or third-partyselected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the sixty (60) use day period, Landlord shall not materially interfere have the right to arrange for the relocation of the Supplemental HVAC Unit at Landlord’s expense, all of which shall be performed in a manner designed to minimize interference with (or preclude the installation of) Tenant’s Rooftop Equipmentbusiness. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof [remainder of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.page left intentionally blank – signatures on following page]

Rooftop Rights. Provided that Tenant remains in occupancy of at least 66.67% of the entire Premises, including the Sublease Premises, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in terms of Article 8 of this Lease and this Section 29.4029.37, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without and subject to the payment of any Base Rent or similar fee or chargeat the rate of Two and 75/100 Dollars ($2.75) per usable square foot of rooftop space utilized by Tenant, which Rent amount shall increase by three percent (3%) on each anniversary of the Lease Commencement Date, one (1) satellite dish on the roof of each of the Building Buildings in the Project in which any portion of the Premises is located for the sending and receiving of signals or broadcasts (provided that there shall be no as opposed to the generation or transmission of commercial any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises and one (1) supplemental HVAC unit on the roof of each of the Buildings in the Project in which any portion of the Premises is located (such satellite and HVAC unit is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense, which maintenance shall include entering into service contracts for the Rooftop Equipment. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 29.37 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a including any Permitted Transferee Assignee) no longer occupies at least fifty 66.67% of the Premises, including the Sublease Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the same condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed as received except for (x) reasonable wear and tear excepted)(y) damage by fire or other casualty which is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that that, except for personal injury and property damage to the extent caused by Landlord’s gross negligence or willful misconduct, Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.4029.37, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 29.37 shall be personal to the Original Tenant and any its Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any or its Permitted Transferee Assignee (and not by any other assignee, or any sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or its Permitted Transferee Assignee occupies or intends to occupy (if such exercise is prior to the entire Lease Commencement Date) at least fifty percent 66.67% of the Premises, including the Sublease Premises as of the date of the attempted exercise of its rooftop rights set forth herein.

Rooftop Rights. Provided that (a) Tenant remains shall be permitted, in occupancy locations on the roof of the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) West Wing of the Building standards thereforas approved by Landlord in writing in advance, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may to install, repairoperate, maintain maintain, repair and useremove, or Landlord may install on behalf of Tenant, all at Tenant’s sole cost and expenseexpense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third parties, (i) telecommunications and data processing equipment (including but not limited to satellite dishes, generators, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), and (ii) such supplementary HVAC and other equipment serving solely the Premises, consistent with Tenant’s use of the Premises (collectively, with the Rooftop Communications Equipment, the “Rooftop Equipment”), provided the same complies with all Legal Requirements. The Rooftop Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord. During the Term, Tenant shall not be required to pay any monthly rental or license fee with respect to Tenant’s Rooftop Space or any of the Rooftop Equipment. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but without not limited to any costs for electric power and HVAC (if any) that Tenant uses in the payment Building for the Rooftop Equipment, as separately metered. Landlord shall have the right to permit other tenants of any Base Rent or similar fee or charge, one (1) satellite dish the Building to lease space on the roof of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the sending conduct of such tenant’s business operations in the Building and receiving of signals or broadcasts (not elsewhere, provided that there shall be no generation or transmission of commercial signals or broadcasts(i) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with continue to have full access to the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assigneeii) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such install, use, improve, add to and replace Rooftop Equipment shall be non-exclusiveexclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude prohibit the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not and/or operation by any other assigneeparty of, sublessee or any additional microwave dishes/earth satellite disks, antennae, towers and/or other transferee of structures on the Roof which would, in Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as reasonable judgment, interfere with Tenant’s use of the date of the attempted exercise of its rooftop rights set forth hereinRooftop Equipment which is then in place.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premisesmay, then in accordance with, and subject to, to (A) reasonable construction rules and regulations promulgated by LandlordLandlord and provided to Tenant, (B) the Building standards therefor, and (C) the TCCs terms and conditions set forth in this Lease (including, without limitation, Article 8 of this Lease and this Section 29.40Article 22), Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge(other than costs allowed to be included in Direct Expenses pursuant to Article 4 of this Lease), one (1) satellite dish or more antenna or other telecommunications equipment on the roof of the Building for the sending receiving and receiving transmitting of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment, and Tenant shall ensure that such Rooftop Equipment shall not interfere with the operation of (or preclude the installation of) other equipment on the roof of the Building. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance appearance, size and the size location of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment which approval shall not be mutually agreed upon by Landlord and Tenant unreasonably withheld, and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than thirty (30) days’ prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant’s rights under this Section 29.40 Article 22 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove any Rooftop Equipment and restore the affected portion of the rooftop, the Building and the Premises rooftop to the condition the rooftop, the Building and the Premises rooftop would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from casualty that is Landlord’s obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will shall not be unreasonably withheld, conditioned, conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a any portion of the roof or roof membrane and any penetrations to the roof, except to the extent arising from the gross negligence or willful misconduct of any of the Landlord Parties. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such The Rooftop Equipment shall, in all instances, comply with all applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third partyparty other than a Permitted Transferee, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by a any third party, in excess of the sublease rents otherwise payable in accordance with any subletting of all or a portion of the Premises. Tenant’s right to install such Rooftop Equipment shall be non-exclusiveexclusive with Landlord, and Tenant hereby expressly acknowledges Landlord’s continued right right, at Landlord’s sole cost and expense (and not as an Operating Expense) (i) to itself utilize any portion of the rooftop of the a Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; providedprovided that from and after the Lease Commencement Date, however, such Landlord (or third-party) use shall not materially permit any lessee, licensee or [Decipher Biosciences, Inc.] other permitted user of rooftop space to interfere with (or preclude Tenant’s business operations at the installation of) Project, Tenant’s Rooftop Equipment. Notwithstanding , or any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest rights under this Lease in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinconnection with any such activities.

Rooftop Rights. Provided that the Original Tenant remains in occupancy or a Permitted Transferee occupies at least seventy five percent (75%) of the entire Premisesrentable area of the then existing Premises , then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this the Office Lease and this Section 29.4014, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no as opposed to the generation or transmission of commercial any such signals or broadcasts) servicing the business conducted by Tenant from within the New Premises and no larger than two feet (2’) in diameter (such satellite is dish shall be defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to to, costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual out-of-pocket costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 14 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Leasethe New Premises Term, or, in the event the Original Tenant (or a Permitted Transferee Assignee) no longer occupies at least seventy five percent (75%) of the rentable area of the then existing Premises. Prior to the expiration or earlier termination of this the Lease, as amended hereby, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the New Premises to the condition the rooftop, the Building and the New Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.4014, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant consent and any Permitted Transferee Assignee, and may only be exercised being accompanied by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of TenantLandlord’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinescort.

Rooftop Rights. Provided that Tenant remains is then in occupancy of the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules the terms and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs conditions set forth in Article 8 of this Lease 5, above, and this Section 29.4026.23, Tenant may install, repair, maintain install and usemaintain, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish dish/antenna on the roof of the Building which shall be no larger than no larger than eighteen (18) inches wide/tall in height and diameter (and reasonable equipment and cabling related thereto), for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such satellite equipment is defined collectively as the “Rooftop Telecommunications Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with upon the Rooftop Equipment, including but not limited to costs roof of electricity and insurance related to the Rooftop EquipmentBuilding. Landlord 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 Rooftop Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and Tenant shall pay the size prevailing rate charged from time to time for the use of the Rooftop Telecommunications Equipment, provided that Tenant shall not be obligated to pay a fee in connection with the Telecommunications Equipment during the initial Term. The Telecommunications Equipment shall be subject to located at a location on the roof of the Building reasonably approved by Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord, in Landlord’s sole discretion. The physical appearance of the Telecommunications Equipment shall be subject to Landlord’s approval, in Landlord’s sole discretion. Tenant shall service, maintain and repair such Rooftop Telecommunications Equipment, at Tenant’s sole cost and expense, in a first-class condition. In the event Tenant elects to exercise its right to install the Rooftop Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop reviewing the proposed Telecommunications Equipment. Tenant’s rights under this Section 29.40 Tenant shall terminate and shall be of no further force or effect remove such Telecommunications Equipment upon the expiration or earlier termination of this the Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore shall return the affected portion of the rooftop, the Building rooftop and the Premises to the condition the rooftop, the Building rooftop and the Premises would have been in had no such Rooftop Telecommunications Equipment been installed (reasonable wear and tear exceptedaccepted). Such Rooftop Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will in Landlord’s sole discretion, and shall not be unreasonably withheld, conditioned, or delayedinterfere with any existing telecommunications equipment located on the roof of the Building. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Telecommunications Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipmenttherewith. Such Rooftop Telecommunications Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulationsRequirements. Tenant shall not be entitled to license its Rooftop Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenuesrevenue, fees or any other consideration for the use of such Rooftop Telecommunications Equipment by a an unrelated third party. Tenant’s right to install such Rooftop Telecommunication Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Buildingspace, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, that such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) then existing Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained Telecommunications Equipment in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinthen existing position.

Rooftop Rights. Provided that Landlord grants Tenant remains in occupancy of the entire Premisesappurtenant, then in accordance withnon-exclusive, and subject to, irrevocable (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect except upon the expiration or earlier termination of this Lease) license at no additional charge (other than to the extent costs are included in Operating Expenses), orbut otherwise subject to the terms and conditions of this Lease, to use a portion of the roof of the Building reasonably approved by Landlord (the “Rooftop Installation Area”) to operate, maintain, repair and replace a satellite device or other telecommunications dish appurtenant to Tenant’s Permitted Use (and not for the benefit of any third party) (“Rooftop Equipment”). The exact location and layout of the Rooftop Installation Area shall be approved by Landlord and Tenant in their reasonable discretion and the square footage of the Rooftop Installation Area shall equal to Tenant’s proportionate share of total rooftop areas made available to tenants in the event Building for similar purposes (unless Tenant desires to use a smaller area). Any electricity consumed by the Rooftop Equipment shall be separately or check-metered by Tenant and Tenant shall pay all of such costs in the manner applicable to electricity to the Premises under the Lease. Tenant shall install Rooftop Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the provisions of this Lease, including without limitation Section 8.3. Tenant shall not install or operate Rooftop Equipment until it receives prior written approval of the plans for such work in accordance with Section 8.3. Landlord may withhold approval if the installation or operation of Rooftop Equipment reasonably would be expected to EAST\126610515.10 damage the structural integrity of the Building. Landlord may condition its approval of Rooftop Equipment upon Tenant’s structural re-enforcement of the roof as reasonably deemed necessary or desirable by Landlord in order to accommodate the Rooftop Equipment. Tenant shall cooperate with Landlord as reasonably required to accommodate any re-roofing of the Building during the Term and Tenant shall be responsible for any costs associated with working around, moving or temporarily relocating Tenant’s Roof Equipment. Landlord shall use commercially reasonable efforts to complete any such re-roofing as soon as is practicable. Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Rooftop Equipment, whether under this Article 18 or otherwise, and shall always comply with the roof warranty governing the protection of the roof and modifications to the roof. Tenant shall obtain a letter from Landlord’s roofer following completion of such work stating that the roof warranty remains in effect. Tenant, at its sole cost and expense, shall cause a qualified employee or contractor to inspect the Rooftop Installation Area at least quarterly and as often as recommended by the manufacturer of any Rooftop Equipment and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of Rooftop Equipment. Tenant shall pay Landlord following a written request therefor, with the next payment of Base Rent, (i) all applicable taxes or governmental charges, fees, or impositions imposed on Landlord because of Tenant’s use of the Rooftop Installation Area and (ii) the amount of any increase in Landlord’s insurance premiums as a Permitted Transferee Assignee) result of the installation of Rooftop Equipment. All Rooftop Equipment shall be screened or otherwise designed so that it is not visible from the ground level of the Property. To the maximum extent permitted pursuant to Applicable Law, Tenant agrees that the installation, operation and removal of Rooftop Equipment shall be at its sole risk. Tenant shall indemnify and defend Landlord and Landlord’s agents and employees against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury arising out of the installation, use, operation, or removal of Rooftop Equipment by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Article 18. Landlord assumes no longer occupies responsibility for interference in the Premisesoperation of Rooftop Equipment caused by other tenants’ equipment, or for interference in the operation of other tenants’ equipment caused by Rooftop Equipment, and Tenant hereby waives any claims against Landlord arising from such interference. Prior to The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. Landlord may have granted and may hereafter grant roof rights to other parties, Tenant shalland permit installations on the rooftop by other Building tenants or occupants, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with provided that Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant rooftop rights shall not be entitled materially and adversely affected and that such rights granted to license its others do not materially and adversely interfere with any rooftop equipment then existing on the roof of the Building. If Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) causes physical damage to itself utilize any portion of the rooftop structural integrity of the Building, and (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the vicinity of the Building, (iii) interferes with any other service provided to re-sell, license or lease any other tenants in the Building by rooftop space installations installed prior to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation ofof Rooftop Equipment or (iv) interferes with any other tenants’ business in excess of that permissible under Laws, including F.C.C. or other regulations (to the extent that such regulations apply and do not require such tenants or those providing such services to correct such interference or damage) (each of (i) through (iv) above being a “Rooftop Interference”), Tenant shall within two (2) business days of notice of a claim of Rooftop Interference cooperate with Landlord or any other tenant or third party making such claim to determine the source of the Rooftop Interference and effect a prompt solution at Tenant’s expense (to the extent Tenant’s Rooftop EquipmentEquipment caused such interference or damage). Notwithstanding any provision Landlord shall use commercially reasonable efforts to include provisions substantially similar to the contrary contained foregoing in this Section 29.40, in no event shall Tenant access future tenant leases that permit tenants to install and to use any portion of the roof of the Building without first receiving for satellite devices or other telecommunications equipment. Based on Landlord’s good faith determination that such relocation is necessary, Landlord reserves the right to cause Tenant to relocate Rooftop Equipment located on the roof to comparably functional space on the roof by giving Tenant prior consentnotice of such intention to relocate. The rights contained If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which Rooftop Equipment is to be relocated, the timing of such relocation, and the terms of such relocation, then Landlord shall have the right to make all such determinations in this Section 29.40 its reasonable judgment. Landlord EAST\126610515.10 agrees to pay the reasonable cost of moving Rooftop Equipment to such other space, taking such other steps necessary to ensure comparable functionality of Rooftop Equipment, and finishing such space to a condition comparable to the then condition of the current location of Rooftop Equipment. Tenant shall arrange for the relocation of Rooftop Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the sixty (60) day period, Landlord shall have the right to arrange for the relocation of Rooftop Equipment at Landlord’s expense, all of which shall be personal performed in a manner designed to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of minimize interference with Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinbusiness.

Rooftop Rights. Provided that Tenant remains in occupancy of At any time during the entire PremisesLease Term, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) to the Building standards therefor, and (C) the TCCs set forth in Article 8 terms of this Lease and this Section 29.40Lease, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent communications dishes, antennae, or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations or warranties whatsoever with respect to the condition of comparable communications equipment upon the roof of the Building, or and make associated connections of Tenant’s rooftop equipment to the fitness or suitability Premises (all such equipment, installations and connections, collectively, the “Telecommunications Equipment”). Provided that Tenant continues to lease the entire Building (other than the Sign Utility Room) the use of the roof such areas of the Building for the installation, maintenance and operation installation of the Rooftop EquipmentTelecommunications Equipment shall be for the sole use of Tenant in connection with its business operations in the Premises, including, and shall be without limitation, the payment of any additional Base Rent or Direct Expenses with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwisethereto. The physical appearance and the size all specifications of the Rooftop Telecommunications Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop installation of the Telecommunications Equipment shall be mutually agreed upon designated by Landlord and Tenant (subject to Tenant’s reasonable approval), and Landlord may require Tenant to install screening around such Rooftop Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipmentbe responsible, at Tenant’s sole cost and expense. In , for (i) obtaining all permits or other governmental approvals required in connection with the event Tenant elects to exercise its right to install the Rooftop Telecommunications Equipment, then Tenant shall give Landlord (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion removal of the rooftopTelecommunications Equipment and all associated wiring, and the restoration of all affected areas of the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations existing prior to the roofinstallation thereof, including restoration of any roof penetrations. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in In no event shall Tenant access permit the roof Telecommunications Equipment to interfere with the systems of any building in the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by Project or any other assignee, sublessee communications equipment at or other transferee of Tenant’s interest servicing any building in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinProject.

Rooftop Rights. Provided that With respect to each Building occupied by Tenant, Tenant remains in occupancy of the entire Premisesmay, then in accordance with, and subject to, to (A) reasonable construction rules and regulations promulgated by LandlordLandlord and provided to Tenant, (B) the Building standards therefortherefor which have been provided to Tenant, and (C) the TCCs terms and conditions set forth in this Lease (including, without limitation, Article 8 of this Lease and this Section 29.40Article 22), Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge(other than costs allowed to be included in Direct Expenses pursuant to Article 4 of this Lease), one (1) satellite dish or more antenna or other telecommunications equipment and HVAC equipment on the roof of the each Building for the sending receiving and receiving transmitting of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises or providing conditioned air to the Premises (such satellite is defined as the “"Rooftop Equipment”"). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment, and Tenant shall ensure that such Rooftop Equipment shall not interfere with the operation of (or preclude the installation of) other equipment on the roof of a Building. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance appearance, size and the size location of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment which approval shall not be mutually agreed upon by Landlord and Tenant unreasonably withheld, and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlordif Tenant’s Rooftop Equipment would otherwise be visible from outside the Project. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than thirty (30) days' prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant’s 's rights under this Section 29.40 Article 22 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the PremisesLease with respect to each Building. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from casualty that is Landlord's obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will shall not be unreasonably withheld, conditioned, conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a any portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s 's use, maintenance and/or repair of such Rooftop Equipment. Such The Rooftop Equipment shall, in all instances, comply with applicable governmental lawsall Applicable Laws. Subject to Tenant’s rights under Section 29.34, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third partyparty other than a Permitted Transferee, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by a any third party, in excess of the sublease rents otherwise payable in accordance with any subletting of all or a portion of the Premises. Tenant’s right to install such Rooftop Equipment shall be non-exclusiveexclusive with Landlord, and Tenant hereby expressly acknowledges Landlord’s continued right right, at Landlord's sole cost and expense (and not as an Operating Expense) (i) to itself utilize any portion of the rooftop of the a Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; providedprovided that from and after the Lease Commencement Date, however, such Landlord (or third-party) use shall not materially permit any lessee, licensee or other permitted user of rooftop space to interfere with (or preclude Tenant’s business operations at the installation of) Project, Tenant’s Rooftop Equipment, or any of the Tenant’s rights under this Lease in connection with any such activities. Notwithstanding the foregoing, (a) Landlord, at Landlord’s sole cost and expense, shall cause all rooftop equipment of other tenants of the Project to be promptly removed upon the expiration or earlier termination of such tenants’ leases, and (b) any provision existing Rooftop Equipment of Tenant affixed to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises Project as of the date of the attempted exercise of its rooftop rights set forth hereinLease Commencement Date shall not require Landlord’s approval hereunder.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1commercially reasonably sized satellite dish(es) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no as opposed to the generation or transmission of commercial any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises so long as a commercially reasonable amount of space on the roof continues to remain available for Landlord’s use (including, but not limited, its repair and maintenance activities, installation of cell towers and other similar fixtures and equipment) (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane XXXXXX REALTY THE CAMPUS AT SORRENTO GATEWAY 702009.06/WLA -84- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving being accompanied by Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinescort.

Rooftop Rights. Provided that Tenant remains is then in occupancy of any portion of the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules the terms and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs conditions set forth in Article 8 of this Lease 8, and this Section 29.406.5, Tenant may install, repair, maintain shall have the right to install and usemaintain, at Tenant’s 's sole cost and expense, expense but without the payment of any Base Rent additional rent or similar fee or chargefee, one (1) satellite dish dish/antennae on the roof of the Building (and reasonable equipment and cabling related thereto), for the sending and receiving of or transmitting signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such satellite equipment is defined collectively as the “Rooftop "Telecommunications Equipment”"). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The dimensions, physical appearance and the size weight of the Rooftop Telecommunications Equipment shall be subject to Landlord’s 's reasonable approval, the location of any such Rooftop installation of the Telecommunications Equipment shall be mutually agreed upon designated by Landlord and Tenant subject to Tenant's reasonable approval and Landlord may require Tenant to install screening around such Rooftop Telecommunications Equipment, at Tenant’s 's sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Telecommunications Equipment, at Tenant’s 's sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Telecommunications Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual any reasonable, out-of-pocket third party costs reasonably incurred by Landlord in approving such Rooftop Telecommunications Equipment. Tenant’s rights under this Section 29.40 Tenant shall terminate and shall be of no further force or effect remove such Telecommunications Equipment upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies any portion of the Premises. Prior to , then upon the expiration or earlier termination of Tenant's rights under this LeaseSection 6.5, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore shall repair any damage to the affected portion of the rooftop, the Building rooftop and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted)caused thereby. Such Rooftop Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s 's installation, use, maintenance and/or repair of such Rooftop Telecommunications Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipmenttherewith. Such Rooftop Equipment Telecommunications equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulationsApplicable Laws. Tenant shall not be entitled to license its Rooftop Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Telecommunications Equipment by a an unrelated third party. Tenant’s 's right to install such Rooftop Telecommunication Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s 's continued right (i) to itself utilize any portion of the rooftop of the Buildingspace, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop 's Telecommunications Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40792986.06/WLA 186772-00003/2-28-19/gjn/gjn -20- Xxxxxxx Xxxx Development, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee AssigneeLLC [285 East Grand Avenue] [Unity Biotechnology, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.Inc.]

Rooftop Rights. Provided that Tenant remains in occupancy of the entire PremisesSubject to Landlord's review and prior written approval, then in accordance withwhich shall not be unreasonably withheld, and subject toto compliance with applicable laws and all restrictions of record, (A) reasonable construction rules and regulations promulgated by LandlordTenant shall, (B) at all times during the Building standards therefor, and (C) the TCCs set forth in Article 8 term of this Lease Lease, have the right to use the Building's shafts for conduits between the Premises and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending installation and receiving maintenance of signals conduits and cables to extend to communications equipment located or broadcasts to be located on the roof. Further, subject to availability of space and Landlord's prior written approval (provided that there shall not to be no generation unreasonably withheld, conditioned or transmission delayed) of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) highsize, two feet (2’) long location, esthetics, and two feet (2’) wide. height thereof, Tenant shall be solely responsible for any have the right at all times to install and all costs incurred operate microwave or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations satellite dishes or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of other antenna communications system on the roof of the Building for the installation, maintenance subject to compliance with all applicable laws and operation all restrictions of the Rooftop Equipment, including, record. Landlord's approval rights shall include without limitation, review and approval of the procedures and personnel with respect to the quality installation, maintenance, and clarity operation. Tenant shall not be obligated to pay rental for any equipment which may be installed. Use of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment roof space shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon rules and regulations specified by Landlord and Tenant and to Tenant's obtaining such insurance coverage as Landlord may require Tenant to install screening around such Rooftop Equipmentshall reasonably require. At the expiration or earlier termination of the Lease, Tenant, at its expense, shall remove the communications equipment. Any work required to restore the roof or any other part of the Building from any damage occasioned by the installation, maintenance, relocation or removal of the communications equipment shall be borne by Tenant’s . Tenant shall indemnify and hold harmless Landlord from all costs, damages, expenses, liabilities, and suits, including reasonable attorneys' fees, occasioned by Tenant's installation, maintenance, relocation, removal or use of the communications equipment, including without limitation, any damage to property and/or injury or death to persons caused thereby from the installation, maintenance, and operation. The installation, maintenance, relocation, and removal of the communications equipment will be performed in such a manner as not to interfere with the operation of the Building. All communications equipment shall be maintained by the Tenant at Tenant's sole cost and expenseexpense in good and safe condition. The communications equipment shall be used solely by Tenant in the ordinary course of its business, as reasonably designated by Landlord. and Tenant shall servicenot allow any parties other than Tenant to use such equipment or the rooftop without Landlord's prior written consent, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expensenot be unreasonably withheld. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under The terms of this Section 29.40 16.29 shall terminate and shall be of no further force or effect upon survive the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.

Rooftop Rights. Provided that Tenant remains in occupancy of During the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40Term, Tenant may install, repair, maintain and use, shall have the right at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or chargeto install, one (1) satellite dish operate and maintain, on the roof of the Building for in a location designated by Landlord directly above the sending and receiving of signals Leased Premises, a satellite dish antenna or broadcasts similar equipment (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment plans and specifications for installation of the same shall be no larger than subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed provided the Rooftop Equipment: (i) does not adversely affect the structure and safety of the Building or otherwise occupy a space which is larger thanvoid or alter the warranty for the roof of the Building; (ii) two feet does not adversely affect the electrical, mechanical or any other system of the Building or the functioning thereof, (2’iii) highdoes not interfere with the operation of the Building or the provision of utilities pursuant to Section 3.5(A) below to other tenants in the Building, two feet and (2’iv) long and two feet (2’) widedoes not exceed the capacity of the roof of the Building as reasonably determined by Landlord. Tenant shall be solely responsible for comply with all applicable and obtain any and all costs incurred or arising in connection with permits, consents and/or governmental approvals as may be required for the Rooftop Equipmentinstallation, including but not limited to costs maintenance, operation and/or removal of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations warranty or warranties whatsoever with respect representation that the Rooftop Equipment will not be affected by or suffer interference from existing rooftop equipment or otherwise; and Tenant accepts the rooftop space “as is” and agrees that Landlord is under no obligation to the condition of the roof of the Building, perform any work or the fitness or suitability of the roof of the Building provide any materials in preparation for the installation, maintenance and or operation of the Rooftop Equipment. Notwithstanding the foregoing, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from Tenant shall not permit the Rooftop Equipment and to unreasonably interfere with any equipment existing at the presence Property as of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size date of Tenant’s installation of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect agrees that upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafterat its sole cost and expense, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans in a good and specifications approved by Landlord (specifically includingworkmanlike manner, 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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access restore the roof of the Building without first receiving to the condition existing immediately prior to installation of the Rooftop Equipment ordinary wear and tear and damage by casualty excepted. Notwithstanding anything herein to the contrary, prior to installation and after the removal of the Rooftop Equipment, Tenant shall obtain and provide to Landlord written documentation from the holder of Landlord’s prior consentthen-current roof warranty evidencing that the installation and/or removal of the Rooftop Equipment does not void or alter such roof warranty. The rights contained Landlord will reasonably cooperate with Tenant to obtain the aforementioned documentation from the holder of Landlord’s then-current roof warranty to ensure that such installation and removal does not violate Landlord’s roof warranty. Notwithstanding the foregoing, if the holder of such warranty will not agree to certify in this Section 29.40 shall writing that the warranty will not be personal voided by Tenant’s installation or removal of the Rooftop Equipment; Landlord and Tenant will agree on a mutually acceptable alternate location for Tenant’s equipment. Except to the Original extent resulting directly from the gross negligence or willful misconduct of Landlord, Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee hereby indemnifies Landlord (and not its successors and assigns) and agrees to hold it harmless from and against all loss, costs, claims, liabilities, injury or damages (including reasonable attorneys’ fees) incurred or sustained by any other assignee, sublessee Landlord (or other transferee of Tenant’s interest its successors or assigns) directly in the Lease) if the Original Tenant connection with or Permitted Transferee Assignee occupies the entire Premises as arising directly out of the date installation, use, operation, maintenance or removal of the attempted exercise of its rooftop rights set forth hereinRooftop Equipment.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in In accordance with, and subject to, (A) reasonable construction rules the terms and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs conditions set forth in Article 8 of this Lease 8, below, and this Section 29.406.4, Tenant may install, repair, maintain shall have the non-exclusive right to use the Building's roof for the installation and usemaintenance, at Tenant’s 's sole cost and expenseexpense (subject to the application of the Tenant Improvement Allowance, but without as that term is defined in Section 2.1 of the payment Tenant Work Letter, to the extent permitted by the Tenant Work Letter), of any Base Rent satellite dishes/antennae or similar fee or charge, one (1) satellite dish HVAC unit on the roof of the Building for the sending (and receiving of signals or broadcasts reasonable equipment and cabling related thereto) (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such satellite equipment is defined collectively as the “"Rooftop Equipment”"). The physical appearance and all specifications of the Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) highsubject to Landlord's approval, two feet (2’) long and two feet (2’) wide. Tenant the location of any such installation of the Rooftop Equipment shall be solely responsible for any designated by Landlord, and all costs incurred or arising in connection with the Landlord may require Tenant to install screening around such Rooftop Equipment, including but not limited to costs as designated by Landlord. Landlord shall have reasonable approval over any aspects of electricity and insurance related to the Rooftop EquipmentEquipment (including screening) if visible from the exterior of the Building. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment Tenant shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around maintain such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s 's sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving remove such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect Equipment upon the expiration or earlier termination of this the Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore shall return the affected portion of the rooftop, the Building rooftop and the Premises to the condition the rooftop, the Building rooftop and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s 's installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s usetherewith (except to the extent of property damage caused by Landlord's gross negligence and willful misconduct, maintenance and/or repair of such Rooftop Equipmentsubject to Section 10.5, below). Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinLaws.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premisesmay, then in accordance with, and subject to, to (A) reasonable construction rules and regulations promulgated by LandlordLandlord and provided to Tenant, (B) the Building standards therefor, and (C) the TCCs terms and conditions set forth in this Lease (including, without limitation, Article 8 of this Lease and this Section 29.40Article 22), Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge(other than costs allowed to be included in Direct Expenses pursuant to Article 4 of this Lease), one (1) satellite dish or more antenna or other telecommunications equipment on the roof roofs of the Building for the sending receiving and receiving transmitting of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises or otherwise serving the Premises (such satellite is defined as the “"Rooftop Equipment”"). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance appearance, size and the size location of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment which approval shall not be mutually agreed upon by Landlord and Tenant unreasonably withheld, conditioned, or delayed, and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than ten (10) days' prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant’s 's rights under this Section 29.40 Article 22 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove and restore the affected portion of the rooftop, the Building and the Premises to the good condition the rooftopand repair, the Building and the Premises would have been in had no such Rooftop Equipment been installed free of leaks (reasonable wear and tear and damage from casualty that is Landlord's obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will shall not be unreasonably withheld, conditioned, conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a any portion of the roof or roof membrane and any penetrations to the roof. Except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party, Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s 's use, maintenance and/or repair of such Rooftop Equipment. Such The Rooftop Equipment shall, in all instances, comply with all applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third partyparty other than a Permitted Transferee, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by a any third party, in excess of the sublease rents otherwise payable in accordance with any subletting of all or a portion of the Premises. Tenant’s right to install such Rooftop Equipment shall be non-exclusiveexclusive (other than equipment placed on the roof by Landlord which serves the Premises), and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the a Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.

Rooftop Rights. Provided that Landlord hereby grants Tenant remains in occupancy of a non-exclusive license for the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 Term of this Lease and this Section 29.40Lease, Tenant may without additional rental charge, to install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) operate a satellite dish or antenna (the “Satellite Dish”) on the roof of the Building in a location to be mutually agreed to by Landlord and Tenant for the sending purpose of providing communications to the Premises, which license shall include, without limitation, the right to run wires and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing cables from the business conducted by Tenant from within Satellite Dish to the Premises (through conduits and portions of the common areas of the Building and access thereto, from time to time, to perform maintenance, repairs, inspections, and installations relating thereto. Landlord shall not place or allow other future licensees or tenants of the portions of the Project then owned by Landlord to place satellite dishes and related equipment in any such satellite is defined as areas which interfere with the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long function and two feet (2’) wideoperation of Tenant’s Satellite Dish. Tenant shall not install or operate the Satellite Dish until it submits to Landlord plans and specifications therefor and receives Landlord’s prior written approval, which approval shall not be solely responsible for any unreasonably withheld, conditioned or delayed. Prior to commencing such installation, Tenant shall provide Landlord with copies of all required governmental permits, licenses and all costs incurred authorizations, if any, which Tenant shall obtain at its own cost and expense. Tenant agrees that neither it nor its contractors or arising in connection with employees will, during the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations or warranties whatsoever with respect to the condition construction of the roof Premises or at any time during the term of the Buildingthis Lease, make or the fitness or suitability of cause to be made in the roof of the Building for any penetration whatsoever without first obtaining the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or prior written approval from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwiseLandlord. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and acknowledges that Landlord may require Tenant to use Landlord’s designated roofing contractor to perform or supervise any roof cuts or penetrations to which Landlord may agree or give its consent and Tenant shall install screening around such Rooftop EquipmentSatellite Dish so it cannot be seen from the parking areas or other buildings in the Project, at Tenant’s sole cost and expense, as reasonably designated which screening must be approved by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate The Satellite Dish is and shall be remain the property of no further force Tenant or effect upon its successors or assigns, and Landlord and Tenant agree that the expiration Satellite Dish is not a fixture pursuant to this Lease or earlier termination by operation of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premiseslaw. Prior to the expiration or earlier Upon termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove said Satellite Dish and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 repair any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinrelated thereto.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premisesmay, then in accordance with, and subject to, to (A) reasonable construction rules and regulations promulgated by LandlordLandlord and provided to Tenant, (B) the Building standards therefor, and (C) the TCCs terms and conditions set forth in this Lease (including, without limitation, Article 8 of this Lease and this Section 29.40Article 22), Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge(other than costs allowed to be included in Direct Expenses pursuant to Article 4 of this Lease), one (1) satellite dish or more antenna or other telecommunications equipment on the roof roofs of the Building for the sending receiving and receiving transmitting of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises or otherwise serving the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance appearance, size and the size location of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment which approval shall not be mutually agreed upon by Landlord and Tenant unreasonably withheld, conditioned, or delayed, and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than ten (10) days' prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant’s 's rights under this Section 29.40 Article 22 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove and restore the affected portion of the rooftop, the Building and the Premises to the good condition the rooftopand repair, the Building and the Premises would have been in had no such Rooftop Equipment been installed free of leaks (reasonable wear and tear and damage from casualty that is Landlord's obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will shall not be unreasonably withheld, conditioned, conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a any portion of the roof or roof membrane and any penetrations to the roof. Except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party, Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s 's use, maintenance and/or repair of such Rooftop Equipment. Such The Rooftop Equipment shall, in all instances, comply with all applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third partyparty other than a Permitted Transferee, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by a any third party, in excess of the sublease rents otherwise payable in accordance with any subletting of all or a portion of the Premises. Tenant’s right to install such Rooftop Equipment shall be non-exclusiveexclusive (other than equipment placed on the roof by Landlord which serves the Premises), and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the a Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.

Rooftop Rights. Provided that Tenant remains in occupancy Tenant, its agents, employees and contractors shall be entitled to access the roofs of the entire Premises, then in accordance with, and subject to, Buildings during the Term. Subject to (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Landlord’s reasonable Building standards therefor, and (C) the TCCs terms and conditions set forth in Article 8 this Lease (including, without limitation, Section 7.3 of this the Lease and this Section 29.406), Tenant Tenant, without any obligation to pay rent for the Rooftop Area, may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent up to two (2) satellite dish(es), television or communications antenna or facility, related receiving equipment, related cable connections and other related or similar fee or charge, one equipment (1the “Rooftop Equipment”) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”)Building. The Rooftop Equipment shall be no larger than located in an area on the roof reasonably approved by Landlord (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) widethe “Rooftop Area”). Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment, and Tenant shall ensure that such Rooftop Equipment shall not interfere with the operation of (or preclude the installation of) other equipment on the roof of the Building. Except as expressly set forth in the Lease, including, without limitation the Work Letter, Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, which approval shall not be unreasonably withheld, conditioned or delayed, the location of any such the Rooftop Equipment Area shall be mutually agreed upon reasonably designated by Landlord and Tenant Landlord, and Landlord may require Tenant to install screening around such Rooftop EquipmentArea, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In If the Rooftop Equipment is not installed as part of Tenant’s initial Tenant Improvements, in the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than thirty (30) days’ prior notice thereof. Tenant shall reimburse to Landlord for the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to Not later than the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from casualty that is Landlord’s obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will shall not be unreasonably withheld, conditioned, conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a the Rooftop Area or any other portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that, except to the extent caused by Landlord’s negligence or willful misconduct, or that of Landlord’s agents, employees or contractors, Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such The Rooftop Area and Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulationsall Applicable Laws. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.

Rooftop Rights. Provided that Tenant remains in occupancy shall have the right to install equipment including, without limitation, cable, wiring, HVAC, rooftop antennae, and other equipment associated with Tenant’s use of the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish Premises on the roof roofs of the Building for Buildings (the sending “Rooftop Equipment”) and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) in the pathways, shafts, risers, raceways, telephone closets, service areas and utility connections and entries into and through the Buildings, servicing the business conducted by Tenant from within the Premises (Premises. Any such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment installation shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long at Tenant’s sole cost and two feet (2’) wide. Tenant expense and shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related performed pursuant to the Rooftop Equipment. Landlord makes no representations terms and conditions or warranties whatsoever with respect to the condition Article 8 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwisethis Lease. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such installation of the Rooftop Equipment shall be mutually agreed upon designated by Landlord and Tenant subject to Landlord’s reasonable approval and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair keep all such Rooftop EquipmentEquipment in good order, condition and repair, at Tenant’s sole cost and expense. In Tenant’s installation of the Rooftop Equipment shall be done in such a manner as not to void any existing roof warranties in place at the Buildings (and Tenant shall indemnify and hold Landlord harmless in the event Tenant elects to exercise its right to install any such warranties are voided as a result of the installation of any Rooftop Equipment, then Tenant shall give Landlord prior notice thereofEquipment by Tenant). Tenant shall reimburse shall, at Tenant’s sole cost and expense, be responsible to Landlord repair any damage to the actual costs reasonably incurred Buildings, including the roof and roof membrane, caused by Landlord in approving such the installation of any Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to At the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such any Rooftop Equipment been installed (reasonable wear by or on behalf of Tenant and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to caused by the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair installation or removal of such Rooftop Equipment. Such the Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulationsby Tenant. Tenant shall not be entitled to license its Rooftop Equipment Equipment, or the right to install equipment on the rooftops, to any unrelated third partyparty (other than a Non-Transferee Assignee in connection with a Non-Transfer), nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a an unrelated third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consentspace. The rights contained in this Section 29.40 Article 22 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any or a Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of the Original Tenant’s interest in the this Lease) if Tenant is in occupancy of at least seventy percent (70%) of the entire Premises, provided that for purposes of this Article 22, the Original Tenant or Permitted Assignee, as the case may be, shall be deemed to be in occupancy of any space sublet to any Transferee Assignee occupies pursuant to a sublease consented to by Landlord pursuant to the entire Premises as terms of Article 14 of this Lease. In addition, Landlord hereby acknowledges that following the date of the attempted proper exercise of its rooftop rights Tenant’s right to install Rooftop Equipment as set forth herein, Tenant may thereafter elect to install such equipment on behalf of a subtenant approved by Landlord pursuant to the terms and conditions of Article 14, below.

Rooftop Rights. Provided that Tenant remains in occupancy of At any time during the entire PremisesLease Term, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) to the Building standards therefor, and (C) the TCCs set forth in Article 8 terms of this Lease and this Section 29.40Lease, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent communications dishes, antennae, or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations or warranties whatsoever with respect to the condition of comparable communications equipment upon the roof of the Building, or and make associated connections of Tenant’s rooftop equipment to the fitness or suitability Premises (all such equipment, installations and connections, collectively, the “Telecommunications Equipment”). Provided that Tenant continues to lease the entire Building (other than the Sign Utility Room) the use of the roof such areas of the Building for the installation, maintenance and operation installation of the Rooftop EquipmentTelecommunications Equipment shall be for the sole use of Tenant in connection with its business operations in the Premises, including, and shall be without limitation, the payment of any additional Base Rent or Direct Expenses with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwisethereto. The physical appearance and the size all specifications of the Rooftop Telecommunications Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop installation of the Telecommunications Equipment shall be mutually agreed upon designated by Landlord and Tenant (subject to Tenant’s reasonable approval), and Landlord may require Tenant to install screening around such Rooftop Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipmentbe responsible, at Tenant’s sole cost and expense. In , for (i) obtaining all permits or other governmental approvals required in connection with the event Tenant elects to exercise its right to install the Rooftop Telecommunications Equipment, then Tenant shall give Landlord (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion removal of the rooftopTelecommunications Equipment and all associated wiring, and the restoration of all affected areas of the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations existing prior to the roofinstallation thereof, including restoration of any roof penetrations. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in In no event shall Tenant access permit the roof Telecommunications Equipment to interfere with the systems of any building in the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by Project or any other assignee, sublessee communications equipment at or other transferee of Tenant’s interest servicing any building in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.Project. Confidential Treatment Requested by Oportun Financial Corporation Pursuant to 17 C.F.R. Section 200.83

Rooftop Rights. Provided that Landlord grants Tenant remains in occupancy of the entire Premisesappurtenant, then in accordance withnon-exclusive, and subject to, irrevocable (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect except upon the expiration or earlier termination of this Lease) license at no additional charge, orbut otherwise subject to the terms and conditions of this Lease, to use a contiguous portion of the roof of the Building approved by Landlord (the “Rooftop Installation Areas”) to operate, maintain, repair and replace telecommunications, electrical, and mechanical equipment for Tenant’s own use, such as a satellite dish, microwave dish, and the like, HVAC equipment, or an emergency generator, appurtenant to the uses permitted under Section 5.1 of this Lease (“Rooftop Equipment”). The exact location and layout of the Rooftop Installation Areas shall be approved by Landlord and Tenant in their reasonable discretion and the square footage of the Rooftop Installation Areas shall be equal to Tenant’s Pro Rata Percentage of total rooftop areas made available to tenants in the event Building for similar purposes (unless Tenant desires to use a smaller area). Tenant shall install Rooftop Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the provisions of this Lease, including without limitation Article 9. Tenant shall not install or operate Rooftop Equipment until it receives prior written approval of the plans for such work in accordance with Article 9. Landlord may withhold approval if the installation or operation of Rooftop Equipment reasonably would be expected to damage the structural integrity of the Building. Tenant shall cooperate with Landlord as reasonably required to accommodate any re-roofing of the Building during the Term and Tenant shall be responsible for any costs associated with working around, moving or temporarily relocating Tenant’s Roof Equipment. Landlord shall use commercially reasonable efforts to complete any such re-roofing as soon as is practicable. Tenant shall have access to the rooftop for the purposes of exercising its rights and obligations under this Article 41 twenty-four (24) hours per day and seven (7) days per week, subject to Landlord’s reasonable security measures. EAST\174041517.9 Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Rooftop Equipment, whether under this Article 41 or otherwise, and shall always comply with the roof warranty governing the protection of the roof and modifications to the roof. Tenant shall obtain a Permitted Transferee Assigneeletter from Landlord’s roofer following completion of such work stating that the roof warranty remains in effect. Tenant, at its sole cost and expense, shall cause a qualified employee or contractor to inspect the Rooftop Installation Areas at least quarterly and as often as recommended by the manufacturer of any Rooftop Equipment and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of Rooftop Equipment. Tenant shall pay Landlord following a written request therefor, with the next payment of Fixed Rent, (i) all applicable taxes or governmental charges, fees, or impositions imposed on Landlord because of Tenant’s use of the Rooftop Installation Areas (provided that Landlord reasonably documents the same) and (ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Rooftop Equipment. All Rooftop Equipment shall be screened or otherwise designed so that it is not visible from the ground level of the Property. Tenant agrees that the installation, operation and removal of Rooftop Equipment shall be at its sole risk. Tenant shall indemnify and defend Landlord and Landlord’s agents and employees against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligence or willful misconduct of Landlord or its employees, agents or contractors) arising out of the installation, use, operation, or removal of Rooftop Equipment by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Article 41. Landlord agrees it shall include in each lease with each tenant in the Building that has access to the roof substantially the same terms and conditions imposed on rooftop installations as apply to Tenant pursuant to this Section 41.1 and that Landlord shall use commercially reasonable efforts to enforce such terms and conditions against the other tenants in the Building. Excepting the responsibility to enforce the conditions described in the preceding sentence, Landlord assumes no longer occupies responsibility for interference in the Premisesoperation of Rooftop Equipment caused by other tenants’ equipment, or for interference in the operation of other tenants’ equipment caused by Rooftop Equipment, and Tenant hereby waives any claims against Landlord arising from such interference. Prior to The provisions of this paragraph shall survive for one (1) year following the expiration or earlier termination of this Lease. Landlord may have granted and may hereafter grant roof rights to other parties, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore Landlord shall use commercially reasonable efforts to cause such other parties to minimize interference with Rooftop Equipment and shall not permit installations on the affected portion rooftop by other tenants or occupants except for equipment of the rooftopnature of the Rooftop Equipment. Tenant shall conduct, and Landlord shall conduct or require such other tenants to conduct, wind studies at any time that such equipment is installed on the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditionedroof, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations changes are made to the roof. Landlord and , by Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for tenant, as applicable, that may impact the use of Building’s exhaust patterns and ensure that any such equipment or other changes to the roof minimize impacts on such exhaust patterns. If Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) causes physical damage to itself utilize any portion of the rooftop structural integrity of the Building, and (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the vicinity of the Building, (iii) interferes with any other service provided to re-sellother tenants in the Building by rooftop installations installed prior to the installation of Rooftop Equipment or (iv) interferes with any other tenants’ EAST\174041517.9 business, license in each case in excess of that permissible under Laws, including F.C.C. or lease other regulations (to the extent that such regulations apply and do not require such tenants or those providing such services to correct such interference or damage) (each of (i) through (iv) above being a “Rooftop Interference”), Tenant shall within two (2) business days of notice of a claim of Rooftop Interference cooperate with Landlord or any rooftop other tenant or third party making such claim to determine the source of the Rooftop Interference and effect a prompt solution at Tenant’s expense (if Rooftop Equipment caused such interference or damage). In the event Tenant disputes Landlord’s allegation that Tenant is causing or has caused a Rooftop Interference in writing delivered within five(5) business days of receiving Landlord’s notice claiming such Rooftop Interference, then Landlord and Tenant shall meet to discuss a solution, and if within seven (7) days of their initial meeting Landlord and Tenant are unable to resolve the dispute, then the matter shall be submitted to arbitration in accordance with the provisions set forth below. The parties shall direct the Connecticut office of the AAA (or, if there is none, the nearest AAA office with case management in Connecticut) to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the expedited commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and attorneys’ fees, which shall be paid by such party) shall be borne equally by the parties. Within ten (10) days of appointment, the arbitrator shall determine whether or not Rooftop Equipment is causing a problem with the Building and/or any other Building tenants’ equipment in the Building, and the appropriate resolution, if any. The arbitrator’s decision shall be final and binding on the parties. If Tenant shall fail to cooperate with Landlord in resolving any such interference or if Tenant shall fail to implement the arbitrator’s decision within ten (10) days after it is issued, Landlord may at any time thereafter (i) declare an Event of Default and/or (ii) relocate the item(s) of Rooftop Equipment in dispute in a manner consistent with the arbitral decision at Tenant’s expense. Based on Landlord’s good faith determination that such relocation is necessary, Landlord reserves the right to cause Tenant to relocate Rooftop Equipment located on the roof to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to an unaffiliated third party; providedwhich Rooftop Equipment is to be relocated, howeverthe timing of such relocation, and the terms of such relocation, then Landlord (or third-party) use shall not materially interfere with (or preclude have the installation of) Tenant’s right to make all such determinations in its reasonable judgment. Landlord agrees to pay the reasonable cost of moving Rooftop Equipment to such other space, taking such other steps necessary to ensure comparable functionality of Rooftop Equipment, and finishing such space to a condition comparable to the then condition of the current location of Rooftop Equipment. Notwithstanding any provision Tenant shall arrange for the relocation of Rooftop Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the contrary contained in this Section 29.40sixty (60) day period, in no event Landlord shall Tenant access have the roof right to arrange for the relocation of the Building without first receiving Rooftop Equipment at Landlord’s prior consent. The rights contained in this Section 29.40 expense, all of which shall be personal performed in a manner designed to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of minimize interference with Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.business. EAST\174041517.9

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in accordance with, and subject to, Subject to (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs terms and conditions set forth in this Lease (including, without limitation, Article 8 of this Lease and this Section 29.40Article 22), Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) or more satellite dish on the roof of the Building for the sending dish(es), television or communications antenna or facility, related receiving equipment, related cable connections and receiving of signals any and all other related or broadcasts similar equipment (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be located in the area shown on Exhibit I (the “Rooftop Arca”). Tenant hereby acknowledges that the Rooftop Area does not have electrical service and that Tenant shall be required to provide electrical service to the Rooftop Area from the Premises. Tenant shall pay to Landlord rent (as Additional Rent) for such Rooftop Area in an amount equal to the total amount Landlord would had received if Landlord had rented, at Landlord’s standard rate, the number of parking spaces taken by the Rooftop Area; provided, however, that if Tenant’s Rooftop Equipment is located in a portion of the Building rooftop dedicated to similar uses (as opposed to the parking area), such that no larger than (or otherwise occupy a space which is larger than) two feet (2’) highparking spaces are used to create the Rooftop Area, two feet (2’) long and two feet (2’) widethen Tenant shall not be required to pay rent for the area of the roof used by such Rooftop Equipment. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment, and Tenant shall ensure that such Rooftop Equipment shall not interfere with the operation of (or preclude the installation of) other equipment on the roof of the Building. In addition, Tenant shall (a) directly pay (or reimburse Landlord) for any commercially reasonable fee charged by Landlord’s riser management and/or roof management company, and (b) reimburse Landlord for any actual and reasonable out-of-pocket costs incurred by Landlord in connection with the installation, use or removal of the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, which approval shall not be unreasonably withheld, the location of any such the Rooftop Equipment Area shall be mutually agreed upon reasonably designated by Landlord and Tenant Landlord, and Landlord may require Tenant to install screening around such Rooftop EquipmentArea, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than thirty (30) days’ prior notice thereof. Tenant shall reimburse to Landlord for the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 Article 22 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from casualty that is Landlord’s obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will shall not be unreasonably withheld, conditioned, conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a the Rooftop Area or any other portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that that, except to the extent caused by Landlord’s negligence or willful misconduct, Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such The Rooftop Area and Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulationsall Applicable Laws. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in In accordance with, and subject to, (A) reasonable construction rules the terms and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs conditions set forth in Article 8 of this Lease 8, below, and this Section 29.406.7, Tenant Tenant, on an non-exclusive basis, may install, repair, maintain use the Building’s roof for the installation and usemaintenance, at Tenant’s sole cost and expense, but without subject to the payment application of any Base Rent or similar fee or chargeImprovement Allowance, one (1) of satellite dish dishes/antennae on the roof of the Building (and reasonable equipment and cabling related thereto), for the sending and receiving of signals or broadcasts (provided that there shall be no as opposed to the generation or transmission of commercial any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such satellite equipment is defined collectively as the “Rooftop Telecommunications Equipment”). Tenant shall pay, as Additional Rent, an amount equal to $750.00 per month for the use of the space on the roof provided to Tenant hereunder. The Rooftop physical appearance and all specifications of the Telecommunications Equipment shall be no larger than subject to Landlord’s reasonable approval, the location of any such installation of the Telecommunications Equipment (or otherwise occupy a space which is larger than“Tenant’s Rooftop Area”) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any designated by Landlord, and all costs incurred or arising in connection with the Rooftop Landlord may require Tenant to install screening around such Telecommunications Equipment, including but not limited to costs of electricity at Tenant’s sole cost and insurance related to the Rooftop Equipmentexpense, as reasonably designated by Landlord. Landlord 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 Rooftop Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Telecommunications Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving remove such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect Telecommunications Equipment upon the expiration or earlier termination of this the Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore shall return the affected portion of the rooftop, the Building rooftop and the Premises to the condition the rooftop, the Building rooftop and the Premises would have been in had no such Rooftop Telecommunications Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Telecommunications Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipmenttherewith. Such Rooftop Telecommunications Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinLaws.

Rooftop Rights. Provided that (a) Tenant remains shall be permitted, in occupancy locations on the roof of the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) East Wing of the Building standards thereforas approved by Landlord in writing in advance, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may to install, repairoperate, maintain maintain, repair and useremove, or Landlord may install on behalf of Tenant, all at Tenant’s sole cost and expenseexpense and for use solely by Tenant and any of its permitted subtenants in connection with their respective business operations conducted in the Premises and not for use by non-occupant third parties, (i) telecommunications and data processing equipment (including but without the payment of any Base Rent or similar fee or chargenot limited to satellite dishes, one (1) satellite dish on generators, cell boosters and antennae), and related wiring from the roof to the interior portions of the Building for Premises to the sending extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), and receiving (ii) such supplementary HVAC and other equipment serving solely the Premises, consistent with Tenant’s use of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as collectively, with the Rooftop Communications Equipment, the “Rooftop Equipment”), provided the same complies with all Legal Requirements. The Rooftop Equipment shall be no larger than (or otherwise occupy screened from view in a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject manner reasonably acceptable to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In During the event Term, Tenant elects shall not be required to exercise its right pay any monthly rental or license fee with respect to install Tenant’s Rooftop Space or any of the Rooftop Equipment. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant including installation, operation, maintenance, use, removal and insuring of the Rooftop Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse to Landlord the any reasonable, actual out-of-pocket costs reasonably incurred by Landlord in approving such connection therewith, including, but not limited to any costs for electric power and HVAC (if any) that Tenant uses in the Building for the Rooftop Equipment, as separately metered. TenantLandlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for such other party’s rights under this Section 29.40 shall terminate own rooftop antennae, satellite dishes and shall other telecommunications equipment to be of no further force or effect upon the expiration or earlier termination of this Lease, or, used in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination conduct of this Lease, Tenant shall, as promptly as possible but such tenant’s business operations in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises not elsewhere, provided that (i) Tenant shall continue to have full access to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. (ii) Tenant’s right to install such install, use, improve, add to and replace Rooftop Equipment shall be non-exclusiveexclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude prohibit the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not and/or operation by any other assigneeparty of, sublessee or any additional microwave dishes/earth satellite disks, antennae, towers and/or other transferee of structures on the Roof which would, in Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as reasonable judgment, interfere with Tenant’s use of the date of the attempted exercise of its rooftop rights set forth hereinRooftop Equipment which is then in place.

Rooftop Rights. Provided that Tenant remains in occupancy Subject to compliance with all applicable requirements and restrictions of the entire PremisesMaster Lease including, then in accordance withwithout limitation, the provisions of Section 5.19 of the Master Lease (other than the first sentence of Section 5.19) and subject toSubtenant obtaining Master Landlord's consent thereto, (A) reasonable construction rules and regulations promulgated by Landlord, (B) Subtenant shall have the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, right to install one (1) satellite dish on the roof of the Building for the sending D (and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such one satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations or warranties whatsoever with respect to the condition of dish on the roof of the BuildingBuilding B or Building C, as applicable, if Subtenant subleases at least two (2) full floors in Building B or the fitness Building C, as applicable), in locations reasonably designated by Sublandlord. Generator. Upon Subtenant's written request delivered to Sublandlord on or suitability of the roof of the Building for the installationbefore July 15, maintenance 2003, Sublandlord shall sell and operation of the Rooftop Equipment, includingconvey to Subtenant, without limitationany warranty or guaranty except as to title and no prior liens, with respect at the then market price therefor (but in no event greater than fifty percent (50%) of Sublandlord's initial purchase price therefor when new), one generator capable of supplying at least Seven Hundred Fifty (750) KVAs of building standard generator service to the quality and clarity of any receptions and transmissions to or from Sublease Premises (the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise"Generator"). The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop EquipmentSubtenant, at Tenant’s Subtenant's sole cost and expense, as reasonably designated by and subject to the Master Landlord's prior consent (and Sublandlord's reasonable prior written consent with respect to the location of the Generator within the Project), shall obtain all necessary permits and approvals for installation of the Generator, and Subtenant shall install, repair and maintain the Generator in first-class condition in compliance with all Legal Requirements. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon Upon the expiration or earlier termination of the Term, subject to compliance with all Legal Requirements, Subtenant shall remove the Generator from the Project and restore any damage resulting from such removal, all at Subtenant's sole cost and expense. BART Shuttle. At all times during the Term of this LeaseSublease and the Extended Term (if any), Sublandlord, at Sublandlord's or Master Landlord's sole cost, shall provide bus shuttle service between the Complex and the Hacienda BART Station and the Tassajara Road Park/Ride Lot on a schedule reasonably agreed to by Sublandlord and Subtenant which shall provide shuttle service Monday through Friday (holidays excepted) for approximately (but no more than) three (3) hours during morning commute hours and approximately (but no more than) three (3) hours during evening commute hours for use by Subtenant's employees, licensees and invitees, Sublandlord's employees, licensees and invitees and other subtenants (and their respective employees, licensees and invitees) of Sublandlord in the Complex. Subtenant acknowledges and agrees that Sublandlord presently provides this shuttle service through WHEELS, a service provided by and through Alameda County. Subtenant further acknowledges and agrees that Sublandlord may substitute another comparable shuttle service provider reasonably designated by Sublandlord or, at Sublandlord's election by Master Landlord, in lieu of WHEELS to provide bus shuttle service between the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building Hacienda BART Station and the Premises to the condition the rooftop, the Building Tassajara Road Park/Ride Lot and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinComplex.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in In accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.4029.36, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish GPS/GNSS Outdoor Antenna (Model 8230), one (1) WWVB Loop Antenna (Model 8219), and one (1) dipole antenna on the roof of the each Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Tenant may add Rooftop Equipment, whether similar or dissimilar to that described in the preceding sentence and whether in substitution for or in addition to that described in the preceding sentence, subject to obtaining Landlord’s prior written consent, and subject to availability and compliance with the TCCs of this Section 29.36. Any such additional or replacement Rooftop Equipment shall be no larger than (of a reasonable size and weight and shall not require the installation of bracing or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wideother structural support or affect Landlord’s roof warranties. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the BuildingBuildings, or the fitness or suitability of the roof of the Building Buildings for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building Buildings or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon designated by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 29.36 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this LeaseLease (as may be extended), or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies twenty percent (20%) of the Premisesrentable area of the Premises in the Building in question (it being acknowledged by Tenant that the amount of space available on the roof for Tenant’s Rooftop Equipment may be proportionately reduced to allow for use by Landlord, and other tenants and subtenants of the applicable Buildings, if any, and it being acknowledged by Landlord that Tenant’s rights under this Section 29.36 shall continue in the other Building so long as Tenant occupies twenty percent (20%) or more of the rentable area of the Premises in such Building). Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove and restore the affected portion of the rooftop, the Building Buildings and the Premises to the condition the rooftop, the Building Buildings and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from Casualty and condemnation that is not Tenant’s obligation to repair pursuant to Article 11, above excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, conditioned or delayed; provided, however, that Landlord may withhold such consent in its sole and absolute discretion if the weight of the Rooftop Equipment would require the installation of bracing or other structural support or would affect Landlord’s roof warranties. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and except that Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any a portion of the rooftop of the BuildingBuildings, and to grant similar rights to other tenants, subtenants, and occupants of the Project (ii) to re-sell, license or lease any rooftop space to an unaffiliated third partyif any); provided, however, such Landlord (or third-partytenants, subtenants, and occupants) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop EquipmentEquipment or impair any roof warranty. Notwithstanding any provision to the contrary contained in this Section 29.4029.36, in no event shall Tenant access the roof of the Building Buildings without first receiving Landlord’s prior consentconsent (not to be unreasonably withheld, conditioned or delayed). The rights contained in this Section 29.40 29.36 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereintheir respective Transferees.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premisesmay, then in accordance with, and subject to, to (A) reasonable construction rules and regulations promulgated by LandlordLandlord and provided to Tenant, (B) the Building standards therefor, and (C) the TCCs terms and conditions set forth in this Lease (including, without limitation, Article 8 of this Lease and this Section 29.40Article 22), Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge(other than costs allowed to be included in Direct Expenses pursuant to Article 4 of this Lease), one (1) satellite dish or more antenna or other telecommunications equipment on the roof roofs of the Building for the sending receiving and receiving transmitting of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises or otherwise serving the Premises (such satellite is defined as the “"Rooftop Equipment”"). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance appearance, size and the size location of the Rooftop Equipment shall not be subject to Landlord’s reasonable approvalunreasonably withheld, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant conditioned, or delayed, and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event t Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than ten (10) days' prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant’s 's rights under this Section 29.40 Article 22 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, shall remove and restore the affected portion of the rooftop, the Building and the Premises to the good condition the rooftopand repair, the Building and the Premises would have been in had no such Rooftop Equipment been installed free of leaks (reasonable wear and tear and damage from casualty that is Landlord's obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details)822610.04/WLA [THE BOARDWALK] 183362-00050/9-24-20/mem/mem -41- [Zentalis Pharmaceuticals, 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 arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.Inc.]

Rooftop Rights. Provided that Landlord grants Tenant remains in occupancy of the entire Premisesappurtenant, then in accordance withnon exclusive, and subject to, irrevocable (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect except upon the expiration or earlier termination of this Lease) license at no additional charge, orbut otherwise subject to the terms and conditions of this Lease, to use a *Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. contiguous portion of the roof of the Building approved by Landlord (the “Rooftop Installation Areas”) to operate, maintain, repair and replace telecommunications, electrical, alternative energy generation (including but not limited to solar panels, fuel cells, wind turbines, and co-generation facilities), and mechanical equipment for Tenant’s own use, such as a satellite dish, microwave dish, and the like or HVAC equipment, appurtenant to the uses permitted under Section 5.1 of the Lease (“Rooftop Equipment”). The exact location and layout of the Rooftop Installation Areas shall be approved by Landlord and Tenant in their reasonable discretion and the square footage of the Rooftop Installation Areas shall be equal to Tenant’s Pro Rata Percentage of total rooftop areas made available to tenants in the event Building for similar purposes (unless Tenant desires to use a smaller area). Tenant shall install Rooftop Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the provisions of this Lease, including without limitation Article 9. Tenant shall not install or operate Rooftop Equipment until it receives prior written approval of the plans for such work in accordance with Article 9. Landlord may withhold approval if the installation or operation of Rooftop Equipment reasonably would be expected to damage the structural integrity of the Building. Tenant shall cooperate with Landlord as reasonably required to accommodate any re-roofing of the Building during the Term and Tenant shall be responsible for any costs associated with working around, moving or temporarily relocating Tenant’s Roof Equipment. Landlord shall use commercially reasonable efforts to complete any such re-roofing as soon as is practicable. Tenant shall have access to the rooftop for the purposes of exercising its rights and obligations under this Article 41 twenty-four (24) hours per day and seven (7) days per week, subject to Landlord’s reasonable security measures. Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Rooftop Equipment, whether under this Article 41 or otherwise, and shall always comply with the roof warranty governing the protection of the roof and modifications to the roof. Tenant shall obtain a Permitted Transferee Assigneeletter from Landlord’s roofer following completion of such work stating that the roof warranty remains in effect. Tenant, at its sole cost and expense, shall cause a qualified employee or contractor to inspect the Rooftop Installation Areas at least quarterly and as often as recommended by the manufacturer of any Rooftop Equipment and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of Rooftop Equipment. Tenant shall pay Landlord following a written request therefor, with the next payment of Fixed Rent, (i) all applicable taxes or governmental charges, fees, or impositions imposed on Landlord because of Tenant’s use of the Rooftop Installation Areas and (ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Rooftop Equipment. All Rooftop Equipment shall be screened or otherwise designed so that it is not visible from the ground level of the Property. Tenant agrees that the installation, operation and removal of Rooftop Equipment shall be at its sole risk. Tenant shall indemnify and defend Landlord and Landlord’s agents and employees against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligence or willful misconduct of Landlord or its employees, agents or contractors) arising out of the installation, use, operation, or removal of *Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. 63 Rooftop Equipment by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Article 41. Landlord agrees it shall include in each lease with each tenant in the Building that has access to the roof substantially the same terms and conditions imposed on rooftop installations as apply to Tenant pursuant to this Section 41.1 and that Landlord shall use commercially reasonable efforts to enforce such terms and conditions against the other tenants in the Building. Excepting the responsibility to enforce the conditions described in the preceding sentence, Landlord assumes no longer occupies responsibility for interference in the Premisesoperation of Rooftop Equipment caused by other tenants’ equipment, or for interference in the operation of other tenants’ equipment caused by Rooftop Equipment, and Tenant hereby waives any claims against Landlord arising from such interference. Prior to The provisions of this paragraph shall survive for one (1) year following the expiration or earlier termination of this Lease. Landlord may have granted and may hereafter grant roof rights to other parties, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore Landlord shall use commercially reasonable efforts to cause such other parties to minimize interference with Rooftop Equipment and shall not permit installations on the affected portion rooftop by other tenants or occupants except for equipment of the rooftopnature of the Rooftop Equipment. Tenant shall conduct, and Landlord shall conduct or require such other tenants to conduct, wind studies at any time that such equipment is installed on the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditionedroof, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations changes are made to the roof. Landlord and , by Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for tenant, as applicable, that may impact the use of Building’s exhaust patterns and ensure that any such equipment or other changes to the roof minimize impacts on such exhaust patterns. If Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) causes physical damage to itself utilize any portion of the rooftop structural integrity of the Building, and (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the vicinity of the Building, (iii) interferes with any other service provided to re-sellother tenants in the Building by rooftop installations installed prior to the installation of Rooftop Equipment or (iv) interferes with any other tenants’ business, license in each case in excess of that permissible under Laws, including F.C.C. or lease other regulations (to the extent that such regulations apply and do not require such tenants or those providing such services to correct such interference or damage) (each of (i) through (iv) above being a “Rooftop Interference”), Tenant shall within two (2) business days of notice of a claim of Rooftop Interference cooperate with Landlord or any rooftop other tenant or third party making such claim to determine the source of the Rooftop Interference and effect a prompt solution at Tenant’s expense (if Rooftop Equipment caused such interference or damage). In the event Tenant disputes Landlord’s allegation that Tenant is causing or has caused a Rooftop Interference in writing delivered within five(5) business days of receiving Landlord’s notice claiming such Rooftop Interference, then Landlord and Tenant shall meet to discuss a solution, and if within seven (7) days of their initial meeting Landlord and Tenant are unable to resolve the dispute, then the matter shall be submitted to arbitration in accordance with the provisions set forth below. The parties shall direct the Connecticut office of the AAA (or, if there is none, the nearest AAA office with case management in Connecticut) to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the expedited commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and *Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. attorneys’ fees, which shall be paid by such party) shall be borne equally by the parties. Within ten (10) days of appointment, the arbitrator shall determine whether or not Rooftop Equipment is causing a problem with the Building and/or any other Building tenants’ equipment in the Building, and the appropriate resolution, if any. The arbitrator’s decision shall be final and binding on the parties. If Tenant shall fail to cooperate with Landlord in resolving any such interference or if Tenant shall fail to implement the arbitrator’s decision within ten (10) days after it is issued, Landlord may at any time thereafter (i) declare an event of default and/or (ii) relocate the item(s) of Rooftop Equipment in dispute in a manner consistent with the arbitral decision at Tenant’s expense. Based on Landlord’s good faith determination that such relocation is necessary, Landlord reserves the right to cause Tenant to relocate Rooftop Equipment located on the roof to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to an unaffiliated third party; providedwhich Rooftop Equipment is to be relocated, howeverthe timing of such relocation, and the terms of such relocation, then Landlord (or third-party) use shall not materially interfere with (or preclude have the installation of) Tenant’s right to make all such determinations in its reasonable judgment. Landlord agrees to pay the reasonable cost of moving Rooftop Equipment to such other space, taking such other steps necessary to ensure comparable functionality of Rooftop Equipment, and finishing such space to a condition comparable to the then condition of the current location of Rooftop Equipment. Notwithstanding any provision Tenant shall arrange for the relocation of Rooftop Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the contrary contained in this Section 29.40sixty (60) day period, in no event Landlord shall Tenant access have the roof right to arrange for the relocation of the Building without first receiving Rooftop Equipment at Landlord’s prior consent. The rights contained in this Section 29.40 expense, all of which shall be personal performed in a manner designed to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of minimize interference with Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.business. ARTICLE 42

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in In accordance with, and subject to, (A) reasonable construction rules the terms and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs conditions set forth in Article 8 of this Lease 8, below, and this Section 29.406.5, Tenant may install, repair, maintain shall have the non-exclusive right to use the Building’s roof for the installation and usemaintenance, at Tenant’s sole cost and expense, but without the payment of any Base Rent satellite dishes/antennae or similar fee or charge, one (1) satellite dish other telecommunications devices on the roof of the Building (and reasonable equipment and cabling related thereto), for the sending and receiving of signals or broadcasts (provided that there shall be no as opposed to the generation or transmission of commercial any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such satellite equipment is defined collectively as the “Rooftop Telecommunications Equipment”), as well as the installation, use and maintenance of conduit and other related equipment (the “Ancillary Equipment”). The Rooftop manner of installation and the particular specifications of the Telecommunications Equipment and Ancillary Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related subject to the Rooftop Equipmentprior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord 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 Rooftop Telecommunications Equipment or the Ancillary Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain such Telecommunications Equipment and repair such Rooftop EquipmentAncillary Equipment in good condition and repair, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving remove such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate Telecommunications Equipment and shall be of no further force or effect Ancillary Equipment upon the expiration or earlier termination of this the Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore shall return the affected portion of the rooftop, the Building rooftop and the Premises to the condition the rooftop, the Building rooftop and the Premises would have been in had no such Rooftop Telecommunications Equipment and/or Ancillary Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment The roof shall be installed pursuant used by Tenant only in connection with Tenant’s use of the Premises, and Tenant shall not have the right to plans sublease or license the use of the roof to any third party (except to Permitted Transferees and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing detailsother Transferees to whom the lease is assigned or portions of the Premises are subleased in accordance with Article 14 below), 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 arising to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Telecommunications Equipment and/or Ancillary Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipmenttherewith. Such Rooftop Telecommunications Equipment and Ancillary Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulationsLaws. Tenant acknowledges that Landlord has engaged a roof-top management company to coordinate the use of the roof, and that Tenant’s rights as set forth above shall not be entitled subject to license its Rooftop Equipment compliance with the reasonable and customary procedures instituted by such company, including payment of commercially reasonable installation and use fees. Notwithstanding the foregoing, subject to any third partythe other terms and conditions of this Section 6.5, nor Tenant shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be one (1) non-exclusivecommercial, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of 2’ maximum diameter satellite dish on the Building, and (ii) to re-sell, license ’s roof without payment of any additional fee or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereincharge.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in accordance with, and subject Subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.4029.38, Tenant may install, repair, maintain and use, at Tenant’s 's sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one satellite dishes, antennas or similar equipment (1the number of which shall be determined by Landlord in its reasonable discretion) satellite dish on the roof of the Building Buildings for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “"Rooftop Equipment”"). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including including, but not limited to to, costs of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the BuildingBuildings, or the fitness or suitability of the roof of the Building Buildings for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building Buildings or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s 's reasonable approval, the location of any such Rooftop Equipment shall be mutually and reasonably agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s 's sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s 's sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, not to exceed Three Thousand Five Hundred Dollars ($3,500.00). Tenant’s 's rights under this Section 29.40 29.38 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee AssigneeTransferee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building rooftop and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising in connection with Tenant’s 's installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s 's installation, use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s 's right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s 's continued right (i) to itself utilize any portion of the rooftop of the BuildingBuildings, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-third party) use shall not materially interfere with (or preclude the installation of) Tenant’s 's Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 Equipment and shall be personal subject to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein's reasonable prior approval.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in In accordance with, and subject to, (A) reasonable construction rules the terms and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs conditions set forth in Article 8 of this Lease 8, below, and this Section 29.406.5, Tenant Tenant, on an non-exclusive basis, may install, repair, maintain use the Building’s roof for the installation and usemaintenance, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish dish/antenna on the roof of the Building (and reasonable equipment and cabling related thereto), for the sending and receiving of signals or broadcasts (provided that there shall be no as opposed to the generation or transmission of commercial any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such satellite equipment is defined collectively as the “Rooftop Telecommunications Equipment”). In the event Tenant desires to install one (1) additional satellite dish/antenna on the roof of the Building (and reasonable equipment related thereto), Tenant may request in writing Landlord’s consent to the same and Landlord shall grant such request if Landlord determines in its reasonable judgment that reasonable additional space is available for such use. The Rooftop physical appearance and all specifications of the Telecommunications Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) highsubject to Landlord’s reasonable approval, two feet (2’) long and two feet (2’) wide. Tenant the location of any such installation of the Telecommunications Equipment shall be solely responsible for any designated by Landlord, and all costs incurred or arising in connection with the Rooftop Landlord may require Tenant to install screening around such Telecommunications Equipment, including but not limited to costs of electricity at Tenant’s sole cost and insurance related to the Rooftop Equipmentexpense, as reasonably designated by Landlord. Landlord 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 Rooftop Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Telecommunications Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving remove such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect Telecommunications Equipment upon the expiration or earlier termination of this the Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore shall return the affected portion of the rooftop, the Building rooftop and the Premises to the condition the rooftop, the Building rooftop and the Premises would have been in had no such Rooftop Telecommunications Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Telecommunications Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipmenttherewith. Such Rooftop Telecommunications Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinLaws.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in In accordance with, and subject to, (A) reasonable construction rules the terms and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs conditions set forth in Article 8 of this Lease 8, below, and this Section 29.406.5, Tenant Tenant, on a non-exclusive basis and without the payment of any additional rent or other license fee, may install, repair, maintain repair and usereplace, at Tenant’s 's sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish dishes/antennae on the roof of the Building which shall be no larger than thirty-six inches (36") in diameter (and reasonable equipment and cabling related thereto), for the sending and receiving of signals or broadcasts (provided that there shall be no as opposed to the generation or transmission of commercial any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such satellite equipment is defined collectively as the “Rooftop "Telecommunications Equipment”"). The Rooftop anticipated location of the Telecommunications Equipment is shown on Exhibit L attached hereto. As part of the construction of the Tenant Improvements, including Landlord's right to review and approve all plans and specifications therefor, Tenant shall have the right to construct new conduits, risers and shafts for Telecommunications Equipment and other equipment on the roof of the Building, including a Generator (as defined in Section 6.7 below). The exact location of any such conduit, risers, and shafts shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) highreasonably determined by Landlord and Tenant, two feet (2’) long and two feet (2’) widein consultation with Landlord's structural engineer. Tenant shall be solely responsible for any and all costs incurred or arising Except as expressly set forth in connection with the Rooftop Equipmentthis Lease, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations representation's 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 Rooftop Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Telecommunications Equipment shall be subject to Landlord’s 's reasonable approval, the location of any such Rooftop installation of the Telecommunications Equipment shall be mutually agreed upon designated by Landlord and Tenant subject to Landlord's reasonable approval and Landlord may require Tenant to install screening around such Rooftop Telecommunications Equipment, at Tenant’s 's sole cost and expense, as reasonably designated by Landlord; provided that it shall only be deemed reasonable for Landlord to require such screening if Landlord also requires other similarly situated equipment on the roof of the Building to be screened. Tenant shall service, maintain and repair such Rooftop Telecommunications Equipment, at Tenant’s 's sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual reasonable, out-of-pocket costs reasonably incurred by Landlord in approving such Rooftop Telecommunications Equipment. Tenant’s rights under this Section 29.40 Tenant shall terminate and shall be of no further force or effect remove such Telecommunications Equipment upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore shall return the affected portion of the rooftop, the Building rooftop and the Premises to the condition the rooftop, the Building rooftop and the Premises would have been in had no such Rooftop Telecommunications Equipment been installed (reasonable wear and tear tear, casualty and condemnation excepted), unless Landlord, in its sole discretion, elects in a written notice to Tenant to keep all or any portion of such Telecommunications Equipment, in which case such Telecommunications Equipment shall be surrendered by Tenant to Landlord, and shall be and become the property of Landlord without the necessity of any further written documentation unless otherwise requested by Landlord or a future occupant, upon the expiration or earlier termination of this Lease, provided Landlord pays to Tenant the fair market value of the Telecommunications Equipment retained by Landlord. Such Rooftop Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s 's installation, use, maintenance and/or repair of such Rooftop Telecommunications Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipmenttherewith. Such Rooftop Telecommunications Equipment shall, in all instances, comply with applicable all Applicable Laws and other governmental laws, codes, rules and regulationsrequirements. Tenant shall not be entitled to license its Rooftop Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Telecommunications Equipment by a an third party. Tenant’s right to install such Rooftop Equipment Landlord shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued have the right (i) to itself utilize any portion rooftop space for the use of the rooftop equipment relating to Landlord's performance of the Buildingany obligations required to be performed by Landlord under this Lease, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated any third party; providedparty for the use of equipment, however, such provided that any roof rights granted by Landlord (prior to or third-party) use after the date of this Lease shall not materially unreasonably interfere with (Tenant's existing or preclude proposed Telecommunications Equipment or other equipment installed or to be installed on the installation of) roof by Tenant and shall not be located within the area designated as reserved for Tenant’s Rooftop Equipment. Notwithstanding any provision 's equipment on Exhibit L, subject to Tenant's compliance with the contrary contained in terms of this Section 29.40, in no event shall 6.5. Landlord will cooperate with Tenant access the roof to minimize interference of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee telecommunications equipment or other transferee signals or services of Tenant’s interest in the Lease) if the Original Tenant Landlord or Permitted Transferee Assignee occupies the entire Premises such third parties existing as of the date of this Lease with the attempted exercise operation of its rooftop rights set forth hereinTenant's Telecommunications Equipment. The location of third-party telecommunications equipment, as of the date of this Lease, is shown on Exhibit L attached hereto. Upon request from Landlord, Tenant shall make all reasonable efforts to reduce or eliminate any such interference of the Telecommunications Equipment with the telecommunications equipment or signals or services of Landlord or such third parties.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire PremisesSubject to Landlord's review and prior written approval, then in accordance withwhich shall not be unreasonably withheld, and subject toto compliance with applicable laws and all restrictions of record, (A) reasonable construction rules and regulations promulgated by LandlordTenant shall at all times during, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 term of this Lease Lease, have the right to use the Building's shafts for conduits between the Premises and this Section 29.40, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending installation and receiving maintenance of signals conduits and cables to extend to communications equipment located or broadcasts to be located on the roof. Further, subject to availability of space and Landlord's prior written approval (provided that there shall not to be no generation unreasonably withheld, conditioned or transmission delayed) of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) highsize, two feet (2’) long location, esthetics, and two feet (2’) wide. height thereof, Tenant shall be solely responsible for any have the right at all times to install and all costs incurred operate microwave or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations satellite dishes or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of other antenna communications system on the roof of the Building for the installation, maintenance subject to compliance with all applicable laws and operation of the Rooftop Equipment, including, all restrictions or record. Landlord's approval rights shall include without limitation, review and approval of the procedures and personnel with respect to the quality installation, maintenance, and clarity operation. Tenant shall not be obligated to pay rental for any equipment which may be installed. Use of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment roof space shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon rules and regulations specified by Landlord and Tenant and to Tenant's obtaining such insurance coverage as Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as shall reasonably designated by Landlordrequire. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect upon At the expiration or earlier termination of this the Lease, orTenant, in at its expense, shall remove the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premisescommunications equipment. Prior Any work required to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion roof or any other part of the rooftopBuilding from any damage occasioned by the installation, maintenance, relocation or removal of the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment communications equipment shall be installed pursuant to plans and specifications approved borne by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayedTenant. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with indemnify and hold harmless Landlord from all costs, damages, expenses, liabilities, and suits, including reasonable attorneys' fees, occasioned by Tenant’s 's installation, usemaintenance, maintenance and/or repair relocation, removal or use of such Rooftop Equipmentthe communications equipment, including, including without limitation, any damage to a portion property and/or injury or death to persons caused thereby from the installation, maintenance, and operation. The installation, maintenance, relocation, and removal of the roof or roof membrane communications equipment will be performed in such a manner as not to interfere with the operation of the Building. All communications equipment shall be maintained by the Tenant at Tenant's sole cost and any penetrations to expense in good and safe condition. The communications equipment shall be used solely by Tenant in the roof. Landlord ordinary course of its business, and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled allow any parties other than Tenant to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees use such equipment or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Buildingwithout Landlord's prior written consent, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinunreasonably withheld.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in In accordance with, and subject to, (Ai) reasonable construction rules and regulations promulgated by Landlord, (Bii) the Building standards therefor, and (Ciii) the TCCs terms and conditions set forth in Article 8 of this Lease and this Section 29.4029.43, Tenant may install, repair, maintain and use, at Tenant’s sole cost and expense, expense but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building dishes, antennae, or other telecommunications equipment for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises and other equipment serving the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipmentlocations set forth on Exhibit M attached hereto. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install no longer is leasing the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord entirety of the actual costs reasonably incurred by Landlord in approving Tower of the Building where such Rooftop Equipment. Equipment is located, Tenant’s rights under this Section 29.40 shall terminate and 29.43 shall be of no further force or effect upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior proportionately reduced to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 allow for use by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair and other occupants of such Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop Tower of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consentif any. The rights contained in this Section 29.40 29.43 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assigneetheir respective Transferees. For all purposes under this Lease, sublessee or other transferee the Rooftop Equipment shall be deemed to be included within the definition of Tenant’s interest Off-Premises Equipment. Tenant’s obligations under this Section 29.43 are cumulative and in the addition to all other obligations of Tenant under this Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth herein.

Rooftop Rights. Provided that (a) Subject to Section 2.7(b), Tenant, at its sole cost and expense, has the exclusive right to install, operate and maintain on the roof of any Premises Building satellite dishes, antennae and other telecommunications equipment, HVAC equipment and other mechanical equipment (collectively, the “Rooftop Equipment”) solely for use by Tenant remains in occupancy its business operations (i.e., Tenant shall not have the right to install cell phone towers or other equipment whereby Tenant derives income or other benefits from the Rooftop Equipment). Tenant shall promptly notify Landlord in writing of its plans to install Rooftop Equipment and the location of same and provide Landlord with copies of all plans and specifications for installation of the entire Premisessame. Tenant shall obtain any and all permits, consents, and/or governmental approvals necessary for the installation and/or operation of the Rooftop Equipment, and all such installation, use, and operation shall comply with all Applicable Laws including any screening required by zoning. Subject to Section 2.8, Tenant accepts the rooftop space on the Premises Buildings “as is” and agrees that Landlord is under no obligation to perform any work or provide any materials in preparation for the installation, maintenance or operation of the Rooftop Equipment. Tenant shall retain a contractor for the installation and maintenance of the Rooftop Equipment, which contractor shall satisfy any requirements of and keep in full force and effect any existing or future manufacturer’s roof warranty. If Landlord reasonably believes that the weight of the Rooftop Equipment would exceed the load limit of the applicable roof, Tenant shall obtain the services of a structural engineer (at Tenant’s expense), reasonably acceptable to Landlord, to determine if the weight or installation of the Rooftop Equipment might affect the structure of the applicable Premises Building with the results of such determination provided to Landlord prior to installation of such Rooftop Equipment. If dunnage or other support is required for such Rooftop Equipment, Tenant shall be responsible for installing it subject to Landlord’s reasonable approval. In the event that the Rooftop Equipment materially and adversely affects or causes material interference with other rooftop equipment already located on the roofs of other buildings in the Project, or any rooftop equipment already installed by Landlord on the applicable Premises Building, which shall be limited to security equipment and such other rooftop equipment as installed prior to the date on which Tenant installs its Rooftop Equipment, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.40, Tenant Landlord may install, repair, maintain and userequire Tenant, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such satellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from relocate the Rooftop Equipment if an alternative appropriate location within the CAM Area and in the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size proximity of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlordapplicable Premises Building is available. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be of no further force or effect agrees that upon the expiration or earlier termination of this Lease, or, in the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafterat its sole cost and expense, remove the Rooftop Equipment and any structural supports and related equipment in a good and workmanlike manner, restore the affected portion of the rooftop, the Building and roof of the Premises Building affected or damaged by the installation, operation, maintenance repair or removal of the Rooftop Equipment to the condition existing immediately prior to installation of the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (less reasonable wear and tear excepted)and damage by casualty) and in accordance with any then-existing manufacturer’s warranty and indemnify Landlord for damage resulting from roof penetrations or any other damage. Such Rooftop Equipment shall In the event all or a portion of any component of the roof of any Premises Building must be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditionedrepaired or replaced, or delayed. Notwithstanding any such review or approval by Landlordother Building maintenance need arises that requires the temporary removal of the Rooftop Equipment, Tenant shall remain solely liable be fully responsible, at its sole cost and expense, for any damage arising in connection with Tenant’s installation, use, maintenance and/or said repair and for the removal and re-installation of such all Rooftop Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection to Tenant or any third-party for any losses incurred as a result of the relocation and re-installation, provided, however, Landlord shall reasonably cooperate with Tenant’s use, maintenance and/or repair of Tenant to minimize interruption to its business caused by such Rooftop Equipmentwork. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor In no event shall Tenant be permitted to receive any revenues, fees charged a rental or any other consideration fee for the use of such the rooftop space of any of the Premises Buildings for its Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize or for the use of any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinBuildings’ risers.

Rooftop Rights. Provided that Tenant remains in occupancy of the entire Premises, then in In accordance with, and subject to, (A) reasonable construction rules the terms and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs conditions set forth in Article 8 of this Lease 8, below, and this Section 29.406.5, Tenant Tenant, on a non-exclusive basis and without the payment of any additional rent or other license fee, may install, repair, maintain repair and usereplace, at Tenant’s sole cost and expense, but without the payment of any Base Rent or similar fee or charge, one (1) satellite dish dishes/antennae on the roof of the Building which shall be no larger than twenty-four inches (24”) in diameter (and reasonable equipment and cabling related thereto), for the sending and receiving of signals or broadcasts (provided that there shall be no as opposed to the generation or transmission of commercial any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such satellite equipment is defined collectively as the “Rooftop Telecommunications Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. Landlord 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 Rooftop Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Telecommunications Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop installation of the Telecommunications Equipment shall be mutually agreed upon designated by Landlord and Tenant subject to Landlord’s reasonable approval and Landlord may require Tenant to install screening around such Rooftop Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Telecommunications Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual reasonable, out-of-pocket costs reasonably incurred by Landlord in approving such Rooftop Telecommunications Equipment. Tenant’s rights under this Section 29.40 Tenant shall terminate remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, 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, casualty and condemnation excepted), unless Landlord, in its sole discretion, elects in a written notice to Tenant to keep all or any portion of such Telecommunications Equipment, in which case such Telecommunications Equipment shall be surrendered by Tenant to Landlord, and shall be and become the property of no Landlord without the necessity of any further force or effect written documentation (unless reasonably requested by Landlord), upon the expiration or earlier termination of this Lease, or, in provided Landlord pays to Tenant the event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion fair market value of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Telecommunications Equipment been installed (reasonable wear and tear excepted)retained by Landlord. Such Rooftop Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (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 arising to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Telecommunications Equipment, including, without limitation, any damage to a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipmenttherewith. Such Rooftop Telecommunications Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulationsall [535 Mission Street] Applicable Laws. Tenant shall not be entitled to license its Rooftop Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Telecommunications Equipment by a an third party. Tenant’s right to install such Rooftop Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued that Landlord shall have the right (i) to itself utilize any portion rooftop space for the use of the rooftop of the Buildingequipment, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated any third partyparty for the use of equipment; provided, however, that so long as Tenant and the Telecommunications Equipment are in compliance with Applicable Laws and this Lease (including, without limitation, the operation of such Telecommunications Equipment within permitted frequencies), then (A) any third party use permitted by Landlord (or third-party) use after the installation of the Telecommunications Equipment shall not materially unreasonably interfere with the Telecommunications Equipment or signals or services provided to Tenant thereby, and (or preclude the installation ofB) Tenant’s Rooftop Equipment. Notwithstanding any provision rights under this Section 6.5 shall be superior to the contrary contained in this Section 29.40rights of any third parties which buy, in no event shall Tenant access license or lease rooftop space at the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Tenant’s interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the date of the attempted exercise of its rooftop rights set forth hereinProject.