Common use of Rules and Regulations, CC&Rs, Parking Facilities and Common Areas Clause in Contracts

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder). 13.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project in common on an unreserved basis with other tenants of the Project during the Term at no additional cost. As of the Execution Date and continuing throughout the Term, Tenant’s Pro Rata Share of the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute reasonable discretion (the “Rules and Regulations”); provided that such Rules and Regulations shall not be construed in any way to modify or amend, in whole or in part, the terms, covenants, agreements and conditions of this Lease (other than the initial Rules and Regulations). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereundertime. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project Building in common on an unreserved basis with other tenants of the Project Building during the Term at no additional cost. As of the Execution Date and continuing throughout the TermDate, Tenant’s Pro Rata Share of the such parking facilities shall be equal amounts to three and two-tenths (33.2) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof, but not below three and two tenths (3.2) spaces per one thousand (1,000) square feet of Rentable Area of the Premises. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.5. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property; provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of the Premises for the Permitted Use. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit FE, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and RegulationsRegulations except for Landlord’s failure to use reasonable commercial efforts to enforce the same. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify or restrict Tenant’s rights or increase Tenant’s obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant Tenant, at no charge or fee of any kind or nature, shall have a non-exclusive, irrevocable license and right to use Tenant’s Pro Rata Share of the parking garage currently situated at the Building and any other parking facilities serving the Project Building in common on an unreserved basis with other tenants of the Project Building during the Term at Term. Notwithstanding the foregoing, in no additional cost. As of the Execution Date and continuing throughout the Term, Tenant’s Pro Rata Share of event shall the parking facilities shall ratio for the Premises be equal to three (3) less than 3 parking spaces per one thousand (1,000) 1,000 rentable square feet of Rentable Area of the Premises. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereofthereof if and to the extent Tenant is materially and repeatedly exceeding its parking ratio. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the ProjectProject so long as Tenant’s parking ratio is not reduced to less than 3 parking spaces per 1,000 rentable square feet of Premises. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.5. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Tenant’s Pro Rata Share of the Project shall not be increased unless Tenant exercises its ROFR as set forth in Article 42 or otherwise increases the useable square footage of the Premises.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. No Rules and Regulations promulgated by Landlord shall materially impair Tenant’s rights nor materially increase Tenant’s costs under this Lease. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project in common on an unreserved basis with other tenants of the Project during the Term at no additional cost. As Landlord and Tenant acknowledge that the Project is currently parked at a ratio of the Execution Date two and continuing throughout the Term, Tenant’s Pro Rata Share of the parking facilities shall be equal to three 73/100 (32.73) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premisesand that Tenant’s Pro Rata Share is fifty-three (53) parking spaces. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereofthereof (but in no event shall Landlord decrease Tenant’s Pro Rata Share of the parking facilities below fifty-three (53) parking spaces). Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.5. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property; provided, however, that Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use of the Premises on a permanent basis or materially reduces the parking ratio at the Project; provided, further, that Tenant acknowledges and agrees that, during construction at the Project, Landlord may temporarily modify the Common Areas to change the parking configuration and location, access and other aspects of the Common Areas.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit FG, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall use reasonable efforts to uniformly enforce the Rules and Regulations against all occupants of the Project; provided, however, that Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. In the event of a conflict between the Rules and Regulations and this Lease, the terms of this Lease shall control, otherwise the most stringent provision shall control. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on any portion of the Property or Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of up to thirty-one (31) parking spaces within the parking facilities serving the Project Project, which parking facilities are located in the Garage, in common on an unreserved basis with other tenants of the Project Project, during the Term at no additional costa cost of Two-Hundred Sixty Dollars ($260) per parking space per month, which amount may be increased or decreased by Landlord from time to time upon forty-five (45) days’ prior written notice from Landlord to Tenant to reflect then-current market rent for comparable parking lots and garages in the East Cambridge submarket, and which Tenant shall pay as Additional Rent simultaneously with payments of Base Rent. As Tenant may, upon sixty (60) days’ prior written notice to Landlord, choose to release its license to use any portion of Tenant’s parking spaces (the “Released Spaces”). In such event, Tenant shall not be obligated to pay any future parking fee for the Released Spaces, and Landlord, in its sole discretion, may grant use of the Execution Date Released Spaces to a third party. Further, Tenant, upon sixty (60) days’ prior written notice to Landlord, may request that Landlord reinstate Tenant’s license to use the Released Spaces, and, in the event any Released Spaces are available, Landlord shall reinstate Tenant’s license to use such available Released Spaces and continuing throughout Tenant shall be obligated to pay the corresponding parking fee as set forth in this Section 13.3. 13.4. During the Term, Landlord shall provide Tenant with parking passes for use by standard size automobiles and sport utility vehicles in an amount equal to the number of parking spaces set forth and at the initial cost set forth in Section 13.3. To the extent applicable to Tenant’s Pro Rata Share use of the parking facilities spaces, the provisions of this Lease shall be equal apply, including the Rules and Regulations. Without limiting Landlord’s other remedies under this Lease, if Tenant shall fail to three (3) pay the amounts due for such parking spaces per one thousand for more than thirty (1,00030) square feet days after notice of Rentable Area such failure more than once in any calendar year, then Landlord may terminate Tenant’s rights to such spaces immediately upon written notice by Landlord, and the fee for the parking spaces shall xxxxx from and after the date of such termination. 13.5. Tenant, at its sole cost and expense, shall comply with the applicable terms and conditions set forth in that certain PTDM Ordinance – Final Amendment Decision, issued on May 24, 2002, by the City of Cambridge (as the same may be amended from time to time, the “PTDM Agreement”); provided that Landlord shall provide Tenant with a copy of any amendments to the PTDM Ordinance – Final Amendment Decision). Tenant acknowledges that it has received a copy of the PremisesPTDM Agreement. Tenant shall cooperate with Landlord as required for Landlord to fulfill its obligations under the PTDM Agreement. Landlord shall comply with the terms of the PTDM Agreement; provided that Landlord shall not be deemed to be responsible for any tenant’s (or any other Project occupant’s) compliance with the PTDM Agreement. 13.413.6. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.7. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. 13.8. Subject to the terms of this Lease, including the Rules and Regulations, and the rights of other tenants of the Bent Building, Tenant shall have the non-exclusive right to access the freight loading dock and freight elevators twenty-four (24) hours a day, at no additional cost. 13.9. Subject to the terms of this Lease including the Rules and Regulations and the rights of other tenants of the Bent Building, Tenant shall have the non-exclusive right to use the trash compactor at the loading dock (the “Trash Compactor”) for disposal of non-Hazardous Materials and non-controlled substances twenty-four (24) hours a day.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.112.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). During the Term, except as may be reasonably necessary to comply with Applicable Laws, Landlord shall not promulgate new rules and regulations that (a) have a material adverse effect on Tenant’s Permitted Use of the Premises or (b) materially increase Tenant’s costs under this lease, without Tenant’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.212.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.312.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project Buildings in common on an unreserved basis with other tenants of the Project Buildings during the Term at no additional cost. As of the Execution Date and continuing throughout the Term, cost to Tenant’s Pro Rata Share of the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.412.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building Buildings or the ProjectProject based on a ratio of two and forty-five hundredths (2.45) unreserved parking spaces for every one thousand (1,000) square feet of Rentable Area of the Premises. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 12.5. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, in accordance with the terms and conditions of this Lease. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. 12.6. Landlord shall operate and maintain the Project in a first-class condition during the Term.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with othersother tenants of the Project, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute reasonable discretion (the “"Rules and Regulations”"). Tenant shall faithfully observe and comply with the Rules and Regulations. To the extent the Rules and Regulations conflict with the terms of this Lease, then the terms of this Lease shall prevail. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “"CC&Rs”"), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s 's rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant shall have a non-exclusive, irrevocable an exclusive license to use Tenant’s Pro Rata Share up to two hundred fifty-seven (257) of the parking facilities spaces serving the Project in common on an unreserved basis with other tenants Premises (equal to 2.1 parking spaces per 1,000 rentable square feet of the Project during the Term Premises), at no additional cost. As of the Execution Date and continuing throughout cost to Tenant during the Term, Tenant’s Pro Rata Share of in the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises.area shown on Exhibit B. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded modify the Common Areas, including the right to add or remove exterior and interior landscaping and to limit subdivide real property, provided the same does not unreasonably interfere with Tenant’s 's use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors of the Project. Nothing in this SectionLower Campus; provided, however, is intended to create an affirmative duty on Landlord’s part to monitor parkingthat Tenant or its subtenants or assigns shall have exclusive use of the corridors, restrooms, lobbies, entryways, and patios that serve the Premises.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 13.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord (in its sole and absolute discretion, provided that such sole and absolute discretion shall not reduce Landlord’s obligation to make such rules and regulations reasonable and nondiscriminatory), delivered in writing to Tenant from time to time (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and RegulationsRegulations but shall not enforce the Rules and Regulations in a discriminatory manner against Tenant. 13.2. 13.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant 13.3 Tenant, at no charge, shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project Building in common on an unreserved basis with other tenants of the Project Building during the Term at no additional costTerm. As of the Execution Date Date, the parking ratio for the Building is three and continuing throughout two-tenths (3.2) parking spaces in the Termparking facilities serving the Building for each one thousand (1,000) square feet of Rentable Area. Subject only to the loss or destruction of parking facilities (or portion thereof) as a result of condemnation or casualty, Tenant’s Pro Rata Share of the parking facilities serving the Building shall not be equal to reduced below three and two-tenths (33.2) parking spaces per in the parking facilities serving the Building for each one thousand (1,000) square feet of Rentable Area of the PremisesArea. 13.4. 13.4 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate reasonably with Landlord and other tenants in the use of the parking facilities. If Landlord reserves reasonably determines that the right to determine that parking facilities are becoming overcrowded and overcrowded, Landlord shall have the right (but subject to Section 13.3) to limit Tenant’s the use thereof. Upon such determination, Landlord may thereof by Tenant and other tenants of the Building in a non-discriminatory manner by reasonably allocate allocating parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.5 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. 13.6 Subject to Article 21 of this Lease regarding Tenant’s obligations with respect to Hazardous Materials, Landlord hereby grants Tenant a license during the Term of this Lease to build and maintain, at Tenant’s sole cost and expense, a small storage shed (the “Hazardous Materials Shed”) within the Common Area near the Building’s loading dock to store combustibles and hazardous materials in accordance with all Applicable Laws. The design, construction, size and location of the Hazardous Materials Shed shall be subject to Landlord’s approval, in its sole discretion, provided that Landlord hereby approves the size and location of the Hazardous Materials Shed as shown on Exhibit K attached hereto. Tenant’s maintenance and use of the Hazardous Materials Shed shall be subject to all provisions of this Lease, provided that the Hazardous Materials Shed shall not be part of the Premises or included in the Rentable Area of the Premises and Tenant shall not be obligated to pay Base Rent or Operating Expenses with respect thereto. The Hazardous Materials Shed shall remain in the Common Areas upon Tenant’s surrender of the Premises and shall be the property of Landlord.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations; provided, however, Landlord shall use commercially reasonable efforts to cause any tenants that are in violation of the Rules and Regulations (as set forth in such tenant’s lease) to comply with the same if such violation interferes with Tenant’s use and occupancy of the Premises. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereundertime. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant shall have a non-exclusive, irrevocable license the exclusive right to use the parking spaces in the parking facilities serving the Project that are designated on Exhibit D attached hereto (the “Exclusive Parking Area”) at no additional cost. If any person that is not a Tenant Party (as defined below) parks any vehicle in the Exclusive Parking Area, then Tenant, as its sole remedy, shall deliver written notice thereof (which may be an email) to Landlord, and Landlord shall promptly take reasonable measures to remove such vehicle, including towing such vehicle. The parties acknowledge and agree that Tenant’s Pro Rata Share of parking facilities serving the Project in common on an unreserved basis with other tenants of the Project during the Term at no additional cost. As of the Execution Date and continuing throughout the Term, Tenant’s Pro Rata Share of the parking facilities spaces shall be equal to three (3) parking at least 3.3 spaces per one thousand (1,000) 1,000 rentable square feet of Rentable Area the Premises, and any increase in the size of the PremisesPremises leased hereunder shall result in a proportionate increase in parking spaces allocated for Tenant’s use. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.5. Landlord reserves the right to modify the Common Areas (except for the Building Common Areas while Tenant is the sole tenant of the Building),, including the right to add or remove exterior and interior landscaping and to subdivide real property, provided Landlord shall use reasonable efforts to perform such work in a manner that does not materially interfere with Tenant’s use of or access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. From and after the Execution Date, Landlord shall not place or erect, or allow any third party or parties to place or erect, any structures, improvements, antennas, cell phone towers or other facilities upon the rooftop of the Building during the Term.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit FE, together with such other reasonable and SMRH:418641349.9 20 nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”)Property, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project in common on an unreserved basis with other tenants of the Project during the Term at no additional cost. As of the Execution Date and continuing throughout the Term, Tenant’s Pro Rata Share of the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations reasonably adopted by Landlord and attached hereto as Exhibit FG, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations; provided that Landlord shall endeavor to enforce the Rules and Regulations in a non-discriminatory manner. Tenant’s use of the Common Area conference room shall be on a first come, first served basis with the other tenants of the Project. 13.2. Until such time as Landlord leases the carpeted portion of Suite 210 within the Building as depicted on attached Exhibit A-1, Tenant shall have the right to use such area for holding seminars and meetings, subject to the one-time execution and delivery to Landlord of a right of entry agreement reasonably acceptable to both Landlord and Tenant. Tenant will not be charged any rent for the use of Suite 210, but may be charged for costs incurred due to such use (e.g., additional cleaning fees). Until such time as another tenant leases space within the Building or Landlord is unable to do so, Landlord shall provide Tenant with an area within the Project to store Tenant’s replacement nitrogen tanks. 13.3. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property Property, of which Tenant has been provided a copy (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.313.4. Tenant shall shall, at no additional cost to Tenant during the Term or any extension thereof, have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project (which shall include Tenant’s Pro Rata Share of any covered parking) in common on an unreserved basis with other tenants of the Project during the Term at no additional cost. As of the Execution Date and continuing throughout the Term, Tenant’s Pro Rata Share of the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.413.5. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.6. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property; provided, however, such modifications shall not materially increase Tenant’s costs under this Lease and shall not materially diminish Tenant’s use of, or access to, the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”) and the tenant manual adopted by Landlord and attached hereto as Exhibit D (as such tenant manual may be modified from time to time by Landlord in its sole discretion, the “Tenant Manual”). Tenant shall faithfully observe and comply with the Rules and RegulationsRegulations and the Tenant Manual. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations or the Tenant Manual. In the event of a conflict between the Rules and Regulations, the Tenant Manual and this Lease, the terms of this Lease shall control, otherwise the most stringent provision shall control. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Except for any spaces specifically reserved to other tenants of the Project, Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project (which, as of the Execution Date, is two and two tenths (2.2) spaces for each one thousand (1,000) square feet of Rentable Area of the Premises) in common on an unreserved basis with other tenants of the Project during the Term at no additional costTerm. As part of the Execution Date and continuing throughout the Term, Tenant’s such Pro Rata Share of the parking facilities (and not in addition), Landlord shall be equal to three designate ten (310) parking spaces per one thousand (1,000) square feet of Rentable Area of outside the PremisesPremises as “RESERVED,” as depicted on Exhibit K. Landlord shall have no obligation to monitor or enforce such reserved parking spaces. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.5. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. 13.6. Landlord shall subscribe to a shuttle service that will operate as described on Exhibit G attached hereto.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 5.7.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas Areas, subject to the Rules and Regulations. The manner in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of which the Common Areas are maintained and Tenant’s operated shall be at the sole discretion of Landlord (but such maintenance and operations must be consistent with Comparable Buildings) and the use of the Premises thereof shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. , as Landlord shall not be responsible may make from time to Tenant for the violation or non-performance by any other tenant or any agenttime, employee or invitee thereof of any of the Rules and Regulationssubject to Section 5.2. 13.2. 5.7.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder, or materially restrict or impair (other than for a reasonable, temporary period) Tenant’s access to the Premises or parking facilities. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. 5.7.3 Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share throughout the Lease Term the number of unreserved parking passes set forth in Section 11 of the Summary in at such locations in the parking facilities serving the Project Building as may be determined by Landlord from time to time in common with the other occupants of the Building, on an unreserved basis with other tenants of the Project during the Term at no additional costcost to Tenant. As of the Execution Date and continuing throughout the Term, Tenant shall use only such parking facilities to park Tenant’s Pro Rata Share of the vehicles. In no event shall Tenant park or store any items other than automotive vehicles at such parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premisesfacilities. 13.4. Tenant 5.7.4 Xxxxxx agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit TenantXxxxxx’s use thereofthereof in a non-discriminatory manner with respect to other tenants of the Project (and provided that Tenant still has the right to the number of unreserved parking passes set forth in Section 11 of the Summary). Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the ProjectProject and Tenant shall be entitled to use throughout the Lease Term the number of unreserved parking passes set forth in Section 11 of the Summary. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 5.7.5 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, in accordance with the terms and conditions of this Lease. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas. Landlord agrees to use commercially reasonable efforts to mitigate interference with Xxxxxx’s use of and access to the Premises in connection with such closures, alterations or additions to the Common Areas.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.114.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.214.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.314.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project Building (equal to one and nine tenths (1.9) spaces per one thousand (1,000) rentable square feet) in common on an unreserved basis with other tenants of the Project during Building and the Term Project, which license shall expire upon the expiration or earlier termination of this Lease at no additional costcost or expense to Tenant. As of the Execution Date and continuing throughout the TermOf those spaces, Tenant’s Pro Rata Share of the parking facilities Tenant shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves have the right to determine that parking facilities are becoming overcrowded and to limit have Landlord xxxx the fifteen (15) spaces depicted on Exhibit C attached hereto as reserved spaces for Tenant’s use thereof. Upon such determinationvisitors, Landlord may reasonably allocate parking spaces among Tenant guests and other tenants of the Building or the Projectdesignees. Any costs incurred by Landlord pursuant to this Section 14.3 shall be paid by Landlord. 14.4. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 14.5. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property; provided that such additions, removals or subdivisions shall not materially affect Tenant’s access to or use of the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant’s use of corridors, pathways or accessways that serve the Premises (including the breezeway as depicted on Exhibit A attached hereto) or of restroom facilities serving the floor upon which the Premises are located shall not be materially affected. Notwithstanding anything in this Lease to the contrary, in the event that another tenant occupies a portion of the office building portion of the Building, Tenant shall have exclusive use of the restroom currently located in the office building portion of the Building.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 5.5.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas Areas, subject to the Rules and Regulations. The manner in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of which the Common Areas are maintained and Tenant’s operated shall be at the sole discretion of Landlord and the use of the Premises thereof shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. , as Landlord shall not be responsible may make from time to Tenant for the violation or time in a non-performance by any other tenant or any agentdiscriminatory, employee or invitee thereof of any of the Rules and Regulationscommercially reasonable manner. 13.2. 5.5.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. 5.5.3 Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share throughout the Lease Term the number of unreserved parking passes set forth in Section 11 of the Summary in at such locations in the parking facilities serving the Project Building as may be determined by Landlord from time to time in common with the other occupants of the Building, on an unreserved basis with other tenants of the Project during the Term at no additional costcost to Tenant. As of the Execution Date and continuing throughout the Term, Tenant shall use only such parking facilities to park Tenant’s Pro Rata Share of the vehicles. In no event shall Tenant park or store any items other than automotive vehicles at such parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premisesfacilities. 13.4. 5.5.4 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the ProjectProject provided that Tenant shall be entitled to use throughout the Lease Term the number of unreserved parking passes set forth in Section 11 of the Summary. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 5.5.5 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, in accordance with the terms and conditions of this Lease. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided, however, Landlord will give to Tenant prior reasonable notice of any closure necessitated by such alterations, additions or changes and use commercially reasonable efforts to minimize any disruption to Tenant’s use of the Premises.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 13.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations; provided, however, upon receipt of written notice from Tenant detailing an ongoing violation of the Rules and Regulations by another tenant or any agent, employee or invitee thereof that materially and adversely affects Tenant, Landlord will use commercially reasonable efforts to address any actual violation (provided, however, that in no event and under no circumstances shall Landlord be required to take legal action against any other tenant in connection with such violation). 13.2. 13.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”)Property, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. 13.3 Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project in common on an unreserved basis with other tenants of the Project during the Term at no additional cost. As of the Execution Date and continuing throughout the TermDate, Tenant’s Pro Rata Share of the parking facilities shall be described above is equal to three two point six (32.6) parking spaces per one thousand (1,000) square feet of Rentable Area (i.e., eighty-eight (88) spaces). Tenant shall have the option to convert four (4) of the Premisesunreserved parking spaces allocated to Tenant under this Section into reserved parking spaces (provided, however, that the location of such reserved spaces shall be subject to Landlord’s consent, which will not be unreasonably withheld). In the event Tenant makes such an election, Landlord shall appropriately xxxx and designate such reserved spaces and such reserved spaces shall be allocated to Tenant as part of Tenant’s Pro Rata Share of the parking facilities. 13.4. 13.4 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof, but not below the parking rights granted in Section 13.3 above. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 12.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit FB, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “"Rules and Regulations”"). During the Lease Term, except as may be reasonably necessary to comply with Applicable Laws, Landlord shall not promulgate new rules and regulations that (a) have a material adverse effect on Tenant's Permitted Use of the Premises or (b) increase (other than a deminimus amount) Tenant's costs under this Lease, without Tenant's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. The manner in which the Common Areas are maintained and operated shall be at the sole discretion of Landlord and the use thereof shall be subject to the Rules and Regulations, as Landlord may make from time to time. 13.2. 12.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “"CC&Rs”"), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s 's rights or obligations hereunder. Tenant shall comply with the CC&Rs. Landlord acknowledges and agrees that there are no CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to affecting the CC&RS executed after Building as of the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)date hereof. 13.3. 12.3 Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share throughout the Lease Term the number of unreserved parking passes set forth in Section 2.13 above in at such locations in the parking facilities serving the Project Buildings as may be determined by Landlord from time to time in common with the other occupants of the Buildings, on an unreserved basis with other tenants basis, and subject to the designation of the Project during the Term reserved spaces as set forth in Section 2.13, at no additional cost. As of the Execution Date and continuing throughout the Term, cost to Tenant’s Pro Rata Share of the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.4. 12.4 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s 's use thereofthereof to the number of parking passes allocated to Tenant by this Lease. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building Buildings or the ProjectProject and Tenant shall be entitled to use throughout the Lease Term the number of unreserved parking passes set forth in Section 2.13 above. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s 's part to monitor parking. 12.5 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, in accordance with the terms and conditions of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that Tenant’s use and occupancy of the Premises is not adversely and materially impacted.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 5.5.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. The manner in which the Common Areas are maintained and operated shall be at the sole discretion of Landlord (but Landlord shall not generally maintain and operate the Common Areas in a first-class manner) and the use thereof shall be responsible subject to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the commercially reasonable Rules and Regulations, as Landlord may make from time to time. 13.2. 5.5.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”)) that are provided to Tenant by Landlord prior to execution of this Lease, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. 5.5.3 Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share throughout the Lease Term the number of unreserved parking passes set forth in Section 2.11 of the Summary in at such locations in the parking facilities serving the Project Building as may be determined by Landlord from time to time in common with the other occupants of the Building, on an unreserved basis with other tenants of the Project during the Term at no additional costcost to Tenant. As of the Execution Date and continuing throughout the Term, Tenant shall use only such parking facilities to park Tenant’s Pro Rata Share of the vehicles. In no event shall Tenant park or store any items other than automotive vehicles at such parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premisesfacilities. 13.4. 5.5.4 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the ProjectProject and Tenant shall be entitled to use throughout the Lease Term the number of unreserved parking passes set forth in Section 2.11 of the Summary. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 5.5.5 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, in accordance with the terms and conditions of this Lease. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, 176640186.8 373606-000050 that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, so long as such closures, alterations or additions to not materially and permanently alter the Tenant’s use of, and access to, the Premises.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseUse (including without limitation such Common Areas as are reasonably designated by Landlord for the connection of any equipment located in off-floor mechanical areas that are contained within the Premises to the applicable occupied floor of the Premises), and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations and tenant manual governing Alterations, each as adopted by Landlord and initially attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion of which Tenant is given prior written notice (collectively, the “Rules and Regulations”), provided, however, that in the case of any conflict between the provisions of this Lease and any such Rules and Regulations, the provisions of this Lease shall control. Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible use reasonable efforts to enforce the Rules and Regulations against Tenant for the violation or non-performance by any other tenant of the Building or Property, but shall have no responsibility for any agent, employee or invitee thereof of any of violations thereof. Landlord shall not enforce the Rules and RegulationsRegulations in a discriminatory manner against Tenant. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&RsCC&R”), to the Development Approvals (as defined on Exhibit D), and to any other matters of record, in each case as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (collectively, the “CC&RsProperty Operations Agreements”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations or Landlord’s obligations hereunder. Tenant Each of Landlord and Tenant, in the exercise of their respective rights and the performance of their respective obligations pursuant to this Lease, shall observe and comply with all requirements of the CC&Rs CC&R and Development Approvals. The CC&R covers certain areas shown on the site plan attached as Exhibit K, including landscaping, private drives, streets, parks, open space, walkways, sidewalks, the ice skating rink, the water fountain, the sky bowl and other improvements and appurtenances located thereon and related thereto, including the Building and other buildings located on the Property thereon, all commonly referred to as “Xxxxxxx Square”, and expenses payable by the Building under the CC&R (except that Tenant shall not be required to comply with any requirement which are based on the Lot’s proportionate share of Xxxxxxx Square) are included in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)Operating Expenses. 13.3. Tenant shall be permitted access to the Building and Premises on a 24 hour per day, 7 day per week basis, subject to matters described in Section 41.6 of this Lease and Landlord’s reasonable security measures, and subject to Landlord’s rights pursuant to this Lease to temporarily prohibit, restrict or limit access to the Building or the Premises in emergency situations if Landlord determines, in its reasonable discretion, that it is necessary or advisable to do so in order to prevent or protect against death or injury to persons or damage to property. 13.4. It is intended that all Rent payable by Tenant to Landlord, which includes all sums, charges, or amounts of whatever nature to be paid by Tenant to Landlord in accordance with the provisions of this Lease, shall qualify as “rents from real property” within the meaning of both Sections 512(b)(3) and 856(d) of the Code and the U.S. Department of Treasury Regulations promulgated thereunder (the “Regulations”). If Landlord, in its sole discretion, determines that there is any risk that all or part of any Rent shall not qualify as “rents from real property” for the purposes of Section 512(b)(3) or 856(d) of the Code and the Regulations, Tenant agrees (i) to cooperate with Landlord by entering into such amendment or amendments to this Lease as Landlord reasonably deems necessary to qualify all Rent as “rents from real property,” and (ii) to permit an assignment of this Lease; provided, however, that any adjustments required under this Section shall be made so as to produce the substantially equivalent (in economic terms) Rent as payable before the adjustment. (a) Tenant shall have a non-exclusive, irrevocable license to use up to a total of 189 unreserved parking spaces (i.e., determined by multiplying the Rentable Area of the Premises by 0.0015) from and after the Phase 1 Rent Commencement Date (“Tenant’s Pro Rata Share of Parking Spaces”) in the underground parking facilities serving garage on the Project Property in common on an unreserved basis with other tenants of the Project during Property at the Term at no additional cost. As market rate for such comparable parking lots in commercial garages in the East Cambridge market, as reasonably determined by Landlord (as of the Execution date hereof, such rate being Two Hundred Sixty and 00/100 Dollars ($260.00) per parking space per month), which Tenant shall pay simultaneously with payments of Base Rent as Additional Rent commencing on the Phase 1 Rent Commencement Date unless and continuing except to the extent that Landlord directs Tenant to pay the same to a Garage Operator as defined below. Upon 30 days’ notice given prior to the Phase 1 Rent Commencement Date, Tenant will have the option of designating any number of Tenant’s Parking Spaces between the maximum number set forth above and the portion of Tenant’s Parking Spaces allocable to the Phase 1 Premises (based on Rentable Area) as being licenses as of the Phase 1 Rent Commencement Date (with the remainder of Tenant’s Parking Spaces being treated as allocable to the Phase 2 Premises). Tenant’s failure to make any such election prior to the Phase 1 Premises Rent Commencement Date shall be deemed to be an election to allocate such spaces on a prorated basis between the Phase 1 Premises and Phase 2 Premises. Tenant shall pay for the license to use Tenant’s Parking Spaces regardless of whether such spaces are in fact used by Tenant; provided, however, that Tenant shall have the right to terminate its license with respect to any such spaces on 30 days’ prior written notice to Landlord. Any such termination of Tenant’s license hereunder in whole or in part shall be irrevocable and Landlord shall have no further right to provide Tenant with spaces for which such rights have terminated, provided that Landlord shall use reasonable efforts to make additional spaces available to Tenant, subject to availability, on a revocable, month-to-month basis as reasonably requested by Tenant on at least 30 days’ prior notice (and otherwise on the terms and conditions contained in this Section 13.5, including the limitation on total spaces licensed by Tenant set forth above). All of Tenant’s Parking Spaces shall be located in the underground parking structure in the Building (the “Garage”), which Garage may be owned or leased by or to a third-party Garage operator from time to time. The owner or operator of the Garage from time to time is herein referred to as the “Garage Operator,” and the Tenant’s Parking Spaces are sometimes herein referred to as the “Garage Parking Spaces.” Landlord covenants and agrees that if the Garage is conveyed or leased by Landlord to any Garage Operator, such conveyance shall be subject to a lease, permanent easement or similar instrument by and between Landlord and the Garage Operator so that the Tenant shall have, from and after the Phase 1 Rent Commencement Date, throughout the Term, Tenant’s Pro Rata Share the right to use the Garage Parking Spaces, subject to the terms of this Lease. (b) Landlord or the Garage Operator, as applicable, shall have the right, from time to time but not more often than every two (2) years, to relocate, on a temporary basis (not to exceed thirty (30) days) as may be necessary to effect repairs and improvements to the Garage or for other business reasons, parking spaces located in the Garage to another location within 1,000 feet of the parking facilities Property. Except to the extent resulting from their negligence or willful misconduct and subject to Section 23.7, neither Landlord nor the Garage Operator shall be equal responsible for money, jewelry, automobiles or other personal property lost in or stolen from the Garage, regardless of whether such loss or theft occurs when the Garage or other areas therein are locked or otherwise secured against entry, or liable for any loss, injury or damage to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of persons using the Premises. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and Garage or automobiles or other tenants in property therein, it being agreed that the use of the Garage and the Tenant’s Parking Spaces shall otherwise be at the sole risk of Tenant and its employees, visitors and guests. Landlord and the Garage Operator shall have the right from time to time to promulgate Rules and Regulations regarding the Garage, the Tenant’s Parking Spaces and the use thereof, including, but not limited to, Rules and Regulations controlling the flow of traffic to and from various parking facilitiesareas, the angle and direction of parking and the like, and to implement valet parking. Tenant shall comply with and cause its employees, visitors and guests to comply with all such Rules and Regulations as well as reasonable additions and amendments thereto. (c) Landlord or the Garage Operator, as applicable, may elect to provide parking cards or keys to control access to the Garage. In such event, Landlord or the Garage Operator shall provide Tenant with one card or key for each Tenant’s Parking Space that Tenant is leasing hereunder, provided that Landlord or the Garage Operator shall have the right to require Tenant or its employees to place a reasonable deposit (not to exceed Twenty-Five Dollars ($25.00)) on such access cards or keys and to pay a reasonable fee for any lost or damaged cards or keys. Tenant, at its sole cost and expense, may obtain extra cards and keys from Landlord or the Garage Operator, as applicable, if any cards are lost, stolen or destroyed. 13.6. Landlord reserves the right to determine modify the Common Areas, including the right to add or remove exterior and interior landscaping. Tenant acknowledges that parking Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities are becoming overcrowded located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the access to or use of the corridors reasonably required to serve the Premises or of restroom facilities serving each floor upon which any portion of the Premises is located. 13.7. Subject to the terms of this Lease including the Rules and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant Regulations and the rights of other tenants of the Building or Building, Tenant shall have the Project. Nothing in this Sectionnon-exclusive right to access the freight loading dock, however, is intended to create an affirmative duty on Landlord’s part to monitor parkingat no additional cost.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 13.1 Tenant shall have the non-exclusive right, in common with othersother tenants of the Project, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute reasonable discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. To the extent the Rules and Regulations conflict with the terms of this Lease, then the terms of this Lease shall prevail. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.2. 13.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. 13.3 Tenant shall have a non-exclusive, irrevocable an exclusive license to use Tenant’s Pro Rata Share up to [***] of the parking facilities spaces serving the Project in common on an unreserved basis with other tenants Premises (equal to [***] parking spaces per [***] rentable square feet of the Project during the Term Premises), at no additional cost. As of the Execution Date and continuing throughout cost to Tenant during the Term, Tenant’s Pro Rata Share of the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. area shown on Exhibit B. 13.4 Landlord reserves the right to determine that parking facilities are becoming overcrowded modify the Common Areas, including the right to add or remove exterior and interior landscaping and to limit Tenantsubdivide real property, provided the same does not unreasonably interfere with Xxxxxx’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors of the Project. Nothing in this SectionLower Campus; provided, however, is intended to create an affirmative duty on Landlord’s part to monitor parkingthat Tenant or its subtenants or assigns shall have exclusive use of the corridors, restrooms, lobbies, entryways, and patios that serve the Premises.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 5.5.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. The manner in which the Common Areas are maintained and operated shall be at the sole discretion of Landlord (but Landlord shall not generally maintain and operate the Common Areas in a first-class manner) and the use thereof shall be responsible subject to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the commercially reasonable Rules and Regulations, as Landlord may make from time to time. 13.2. 5.5.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”)) that are provided to Tenant by Landlord prior the execution of this Lease, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. 5.5.3 Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share throughout the Lease Term the number of unreserved parking passes set forth in Section 11 of the Summary in at such locations in the parking facilities serving the Project Building as may be determined by Landlord from time to time in common with the other occupants of the Building, on an unreserved basis with other tenants of the Project during the Term at no additional costcost to Tenant. As of the Execution Date and continuing throughout the Term, Tenant shall use only such parking facilities to park Tenant’s Pro Rata Share of the vehicles. In no event shall Tenant park or store any items other than automotive vehicles at such parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premisesfacilities. 13.4. 5.5.4 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the ProjectProject and Tenant shall be entitled to use throughout the Lease Term the number of unreserved parking passes set forth in Section 11 of the Summary. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 5.5.5 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, in accordance with the terms and conditions of this Lease. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Landlord reserves the right to close temporarily, make 176647423.3 373606-000050 alterations or additions to, or change the location of elements of the Project and the Common Areas, so long as such closures, alterations or additions do not materially and permanently alter the Tenant’s use of, and access to, the Premises.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.112.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). During the Term, except as may be reasonably necessary to comply with Applicable Laws, Landlord shall not promulgate new rules and regulations that (a) have a material adverse effect on Tenant’s Permitted Use of the Premises or (b) materially increase Tenant’s costs under this lease, without Tenant’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.212.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.312.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project Building in common on an unreserved basis with other tenants of the Project Building during the Term at no additional cost. As of the Execution Date and continuing throughout the Term, cost to Tenant’s Pro Rata Share of the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.412.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate thereof to the number of parking spaces among Tenant and other tenants allocated to Tenant, as of the Building or Original Commencement Date, based on the Projectsquare footage of this Lease (i.e., which allocated number of parking spaces was ninety (90) parking spaces), provided that Tenant continues to occupy the entire Premises. Nothing In the event Tenant decreases the Rentable Area in this Sectionthe Premises, however, Tenant shall only be entitled to its Pro Rata Share of parking spaces. Tenant acknowledges that Tenant is intended currently using five (5) parking spaces for the placement of storage containers and such spaces shall be counted toward the total number of spaces allotted to create an affirmative duty on Landlord’s part to monitor parkingTenant in accordance with Sections 12.3 and 12.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 5.5.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas Areas, subject to the Rules and Regulations. The manner in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of which the Common Areas are maintained and Tenant’s operated shall be at the sole discretion of Landlord and the use of the Premises thereof shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. , as Landlord shall not be responsible may make from time to Tenant for the violation or time in a non-performance by any other tenant or any agentdiscriminatory, employee or invitee thereof of any of the Rules and Regulationscommercially reasonable manner. 13.2. 5.5.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. 5.5.3 Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share throughout the Lease Term the number of unreserved parking passes set forth in Section 2.11 of the Summary in at such locations in the parking facilities serving the Project Building as may be determined by Landlord from time to time in common with the other occupants of the Building, on an unreserved basis with other tenants of the Project during the Term at no additional costcost to Tenant. As of the Execution Date and continuing throughout the Term, Tenant shall use only such parking facilities to park Tenant’s Pro Rata Share of the vehicles. In no event shall Tenant park or store any items other than automotive vehicles at such parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premisesfacilities. 13.4. 5.5.4 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the ProjectProject provided that Tenant shall be entitled to use throughout the Lease Term the number of unreserved parking passes set forth in Section 2.11 of the Summary. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 5.5.5 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, in accordance with the terms and conditions of this Lease. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided, however, Landlord will give to Tenant prior reasonable notice of any closure necessitated by such alterations, additions or changes and use commercially reasonable efforts to minimize any disruption to Tenant’s use of the Premises.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.114.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute reasonable discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.214.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.314.3. Tenant shall have a non-exclusive, irrevocable exclusive license during the Term to use Tenant’s Pro Rata Share of parking facilities (up to three and two tenths (3.2) spaces per one thousand (1,000) rentable square feet) serving the Project in common on an unreserved basis with other tenants of the Project during the Term at no additional costcost to Tenant. As of the Execution Date and continuing throughout the TermIn addition, Landlord shall, at Tenant’s Pro Rata Share of sole cost and expense, designate the parking facilities shall be equal to three ten (310) parking spaces per one thousand shown in Exhibit K attached hereto (1,000which spaces shall be part of, and not in addition to, the spaces described in the preceding sentence) square feet of Rentable Area of the Premisesas Tenant’s reserved visitor parking. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project14.4. Nothing in this Section, however, Article 14 is intended to create an affirmative duty on Landlord’s part to monitor parking. 14.5. Landlord reserves the right to make reasonable modifications to the Common Areas, including the right to add or remove exterior landscaping and to subdivide real property. 14.6. Exhibit L attached hereto depicts where the exterior equipment yard, back-up generator pad, covered loading dock and dining patio shall be located, subject to the approval of the applicable Governmental Authorities. Nothing in this Section 14.6 shall obligate Landlord to monitor potential use of the dining patio by third parties.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereundertime. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project Building in common on an unreserved basis with other tenants of the Project Building during the Term at no additional cost. As of the Execution Date and continuing throughout the Term, Tenant’s Pro Rata Share of the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.5. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 13.2. This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”); provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereundertime. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Project in common on an unreserved basis with other tenants of the Project during the Term at no additional cost. As of the Execution Date and continuing throughout the Term, Tenant’s Pro Rata Share of the parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises. 13.4. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereofthereof in a manner consistent with limitations applied to other tenants at the Project. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 13.5. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Rules and Regulations, CC&Rs, Parking Facilities and Common Areas. 13.1. 5.5.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas in conjunction with Tenant’s use of the Premises for the Permitted UseAreas, and such use of the Common Areas and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit F, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. The manner in which the Common Areas are maintained and operated shall be at the sole discretion of Landlord (but Landlord shall not generally maintain and operate the Common Areas in a first-class manner) and the use thereof shall be responsible subject to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the commercially reasonable Rules and Regulations, as Landlord may make from time to time. 13.2. 5.5.2 This Lease is subject to any recorded covenants, conditions or restrictions on the Project or Property (the “CC&Rs”)) that are provided to Tenant by Landlord prior to execution of this Lease, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time (the “CC&Rs”)time; provided that any such amendments, restatements, supplements or modifications do not materially modify Tenant’s rights or obligations hereunder. Tenant shall comply with the CC&Rs (except that Tenant shall not be required to comply with any requirement in an amendment to the CC&RS executed after the Execution Date to the extent that such requirement materially modifies Tenant’s rights or obligations hereunder)CC&Rs. 13.3. 5.5.3 Tenant shall have a non-exclusive, irrevocable license to use Tenant’s Pro Rata Share throughout the Lease Term the number of unreserved parking passes set forth in Section 2.11 of the Summary in at such locations in the parking facilities serving the Project Building as may be determined by Landlord from time to time in common with the other occupants of the Building, on an unreserved basis with other tenants of the Project during the Term at no additional costcost to Tenant. As of the Execution Date and continuing throughout the Term, Tenant shall use only such parking facilities to park Tenant’s Pro Rata Share of the vehicles. In no event shall Tenant park or store any items other than automotive vehicles at such parking facilities shall be equal to three (3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premisesfacilities. 13.4. 5.5.4 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the ProjectProject and Tenant shall be entitled to use throughout the Lease Term the number of unreserved parking passes set forth in Section 2.11 of the Summary. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 5.5.5 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, in accordance with the terms and conditions of this Lease. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, so long as such closures, alterations or additions to not materially and permanently alter the Tenant’s use of, and access to, the Premises.