Common use of Sublease of Premises Clause in Contracts

Sublease of Premises. 2.1.1 Sublandlord hereby subleases to Subtenant, and Subtenant hereby accepts and subleases from Sublandlord, upon and subject to the terms and provisions of this Sublease and the terms and provisions of the Prime Lease (except as provided in Section 2.2.2 hereof), all of Sublandlord’s right, title and interest in and to the Premises, pursuant to the Prime Lease, as both are defined in Section 1.1. Included as part of the Premises sublet hereunder is the appurtenant right (in common with all others entitled thereto during the Term) to use the parking areas and the cafeteria located in the Building, subject in all events to the Prime Landlord’s rights reserved and excepted in Article I, Section 2 of the Prime Lease. 2.1.2 From and after the Effective Date hereof (as defined in Section 3.1.1), Sublandlord agrees to provide Subtenant with a temporary license to use space in the Building sufficient to accommodate four to six people, as reasonably determined by Sublandlord (the “Temporary Licensed Area”), in a location in the Building to be determined by Sublandlord in its sole discretion. Subtenant will be permitted to use the Temporary Licensed Area pursuant to Subtenant’s obligations under this Sublease as if the Temporary Licensed Area was the “Premises” described herein, except that (i) no Base Rent, operating expenses or taxes will be charged for Subtenant’s use of the Temporary Licensed Area, and (ii) Subtenant’s right to use the Temporary Licensed Area will end upon the Commencement Date and is subject to earlier termination as may be provided herein. Subtenant will be responsible for all furniture, telephone and telecommunication costs and all other costs associated with its occupancy of the Temporary Licensed Area.

Sublease of Premises. 2.1.1 Sublandlord hereby subleases to Subtenant, and Subtenant hereby accepts and subleases acknowledges that Sublandlord is now leasing the Premises from Sublandlord, upon and subject to Prime Landlord under the Prime Lease which terms and provisions of this Sublease and are incorporated herein by reference as fully as if the terms and provisions of the Prime Lease (except were set forth in full in this Sublease Agreement, and Sublandlord does hereby sublease unto Subtenant, and Subtenant does hereby take from Sublandlord, the Premises, subject to all of the terms and conditions of the Prime Lease, TO HAVE AND TO HOLD the same, for the Term, as defined in Section 2.1 below, unless this Sublease or the Prime Lease shall sooner terminate as provided in Section 2.2.2 hereof)this Sublease Agreement or in the Prime Lease. As of the Commencement Date, all of Sublandlord’s rightSubtenant hereby agrees to assume and be bound by the responsibilities, title rights, privileges, obligations and interest in duties that Sublandlord has under the Prime Lease from and to Prime Landlord, and Subtenant agrees that it shall be bound by each and every covenant and condition contained in the PremisesPrime Lease. Further, Subtenant shall fully indemnify and hold harmless Sublandlord from and against any responsibility or liability that Sublandlord may incur from and after the Commencement Date of, and by virtue of, this Sublease Agreement and the occupancy by Subtenant of the Premises pursuant to the Prime Lease, as both are defined in Section 1.1incorporated herein. Included as part Notwithstanding anything to the contrary contained herein, Subtenant agrees that Sublandlord may retain possession and control of the office space within the Premises sublet hereunder is the appurtenant right designated as #106 (in common with all others entitled thereto during the Term“Office 106”) to use the parking areas and the cafeteria located in the Building, subject in all events to the Prime Landlord’s rights reserved and excepted in Article I, Section 2 of the Prime Lease. 2.1.2 From and after the Effective Date hereof (as defined in Section 3.1.1), that Sublandlord agrees to provide Subtenant may secure Office #106 with a temporary license separate lock and that Sublandlord shall be provided reasonable access to use space in the Building sufficient to accommodate four to six peopleOffice #106 during normal business hours; provided however, as reasonably determined by Sublandlord (the “Temporary Licensed Area”), in a location in the Building to be determined by Sublandlord in its sole discretion. that Subtenant will be permitted to use the Temporary Licensed Area pursuant to Subtenant’s obligations under this Sublease as if the Temporary Licensed Area was the “Premises” described herein, except that (i) no Base Rent, operating expenses or taxes will be charged for Subtenant’s use of the Temporary Licensed Area, and (ii) Subtenantmay terminate Sublandlord’s right to occupy and use the Temporary Licensed Area will end upon the Commencement Date and is subject to earlier termination as may be provided herein. Subtenant will be responsible for all furniture, telephone and telecommunication costs and all other costs associated Office #106 at any time by providing Sublandlord with its occupancy of the Temporary Licensed Areathirty (30) days advance written notice.

Sublease of Premises. 2.1.1 Sublandlord hereby subleases Sublessee agrees to Subtenant, sublease the Subleased Premises from Sublessor and Subtenant hereby accepts Sublessor agrees to sublease the Subleased Premises to Sublessee. This Sublease and subleases from Sublandlord, upon and Sublessee’s rights to the Subleased Premises shall be subject to the terms and provisions conditions of this Sublease Sublease, as well as the Master Lease, as they pertain to the Subleased Premises. Sublessee hereby acknowledges and agrees that it has read the Master Lease and hereby agrees to be subject to all the terms and provisions conditions contained therein with respect to the Subleased Premises, except as otherwise provided herein. Sublessor warrants to Sublessee that (a) attached hereto as Exhibit A is a true, correct and complete copy of the Prime Master Lease (and that the Master Lease has not been amended or modified, except as provided reflected in Section 2.2.2 hereof)Exhibit A hereto, all (b) as of Sublandlord’s the date of this Sublease, Sublessor has not received any notice of default under the Master Lease and (c) as of the date of this Sublease, the Master Lease is in full force and effect. During the term of this Lease, Sublessee shall have the nonexclusive right, title and interest in and to the Premises, pursuant to the Prime Lease, as both are defined in Section 1.1. Included as part of the Premises sublet hereunder is the appurtenant right (in common with all others entitled thereto during the Term) Sublessor, to use only for their intended purposes the common areas (such as driveways, sidewalks, parking areas, loading areas, access roads and lobby, provided that Sublessor shall have exclusive control of the receptionist desk) in the Premises that are designated in the Master Lease as common areas and not leased to or identified for the cafeteria located in the Building, subject in all events to the Prime Landlord’s rights reserved and excepted in Article I, Section 2 of the Prime Lease. 2.1.2 From and after the Effective Date hereof (as defined in Section 3.1.1), Sublandlord agrees to provide Subtenant with a temporary license to use space in the Building sufficient to accommodate four to six people, as reasonably determined by Sublandlord (the “Temporary Licensed Area”), in a location in the Building to be determined by Sublandlord in its sole discretion. Subtenant will be permitted to use the Temporary Licensed Area pursuant to Subtenant’s obligations under this Sublease as if the Temporary Licensed Area was the “Premises” described herein, except that (i) no Base Rent, operating expenses or taxes will be charged for Subtenant’s exclusive use of Sublessor under the Temporary Licensed Area, and (ii) Subtenant’s right to use the Temporary Licensed Area will end upon the Commencement Date and is subject to earlier termination as may be provided herein. Subtenant will be responsible for all furniture, telephone and telecommunication costs and all other costs associated with its occupancy terms of the Temporary Licensed Areathis Sublease.

Sublease of Premises. 2.1.1 Sublandlord Sublessor hereby subleases to SubtenantSublessee, and Subtenant Sublessee hereby accepts and subleases from SublandlordSublessor, the Sublease Premises which is comprised of approximately 3,168 square feet of the Premises under lease to Sublessor. The Sublease Premises is the crosshatched space as shown on "Exhibit A" attached hereto and made a part hereof. Except as otherwise expressed herein provided, such sublease of the Sublease Premises shall be on all the terms, covenants, conditions and provisions in the Master Lease, which terms, covenants, conditions and provisions are incorporated herein and made a part hereof as if fully set forth herein, and are imposed upon the respective parties to this Sublease, with Sublessor herein being substituted for Landlord under the Master Lease, and subject Sublessee hereunder being substituted for Tenant under the Master Lease, but only with respect to the terms and Sublease Premises. Notwithstanding the foregoing incorporation of the Master Lease, Sublessor shall not be responsible for the performance of any obligations to be performed by Landlord under the Master Lease. Provided that Sublessor has performed all obligations of Sublessor as Tenant under the Master Lease (except for those obligations that have been delegated to Sublessee hereunder), Sublessor shall not be liable to Sublessee for any failure by Landlord to perform such obligations under the Master Lease, nor shall failure by Landlord to perform its obligations under the Master Lease excuse performance by Sublessee of its obligations hereunder. To the extent the succeeding provisions of this Sublease and are inconsistent with or different from the terms and provisions of the Prime Lease (except as provided in Section 2.2.2 hereof), all of Sublandlord’s right, title and interest in and to the Premises, pursuant to the Prime Master Lease, as both are defined in Section 1.1. Included as part the provisions of the Premises sublet hereunder is the appurtenant right (in common with all others entitled thereto during the Term) to use the parking areas and the cafeteria located in the Building, subject in all events to the Prime Landlord’s rights reserved and excepted in Article I, Section 2 of the Prime Lease. 2.1.2 From and after the Effective Date hereof (as defined in Section 3.1.1), Sublandlord agrees to provide Subtenant with a temporary license to use space in the Building sufficient to accommodate four to six people, as reasonably determined by Sublandlord (the “Temporary Licensed Area”), in a location in the Building to be determined by Sublandlord in its sole discretion. Subtenant will be permitted to use the Temporary Licensed Area pursuant to Subtenant’s obligations under this Sublease as if the Temporary Licensed Area was the “Premises” described herein, except that (i) no Base Rent, operating expenses or taxes will be charged for Subtenant’s use of the Temporary Licensed Area, and (ii) Subtenant’s right to use the Temporary Licensed Area will end upon the Commencement Date and is subject to earlier termination as may be provided herein. Subtenant will be responsible for all furniture, telephone and telecommunication costs and all other costs associated with its occupancy of the Temporary Licensed Areashall control.

Sublease of Premises. 2.1.1 Sublandlord Subject to and provided that Prime Lessor gives Prime Lessor’s written consent to the subleasing contemplated by this Sublease, Sublessor hereby subleases to SubtenantSublessee, and Subtenant Sublessee hereby accepts and subleases from SublandlordSublessor, upon and subject to the terms and provisions of this Sublease and the terms and provisions Prime Lease, the Premises. Included as part of the Premises sublet hereunder are all of Sublessor’s appurtenant rights under the Prime Lease (except as provided to use the Common Areas, subject in Section 2.2.2 hereof), all of Sublandlord’s right, title and interest in and to the Premises, pursuant events to the Prime Lessor’s rights reserved and excepted in the Prime Lease, as both are defined in Section 1.1. Included . 2.1.2 Also included as part of the Premises sublet hereunder is the appurtenant right (right, in common with any other subtenant or occupant of the Leased Premises, to use the portions of the Leased Premises identified in orange on Exhibit A attached hereto, including without limitation, the lobby/reception area, lounge, café, restrooms, central glass washing room, gas distribution room, and elevator vestibule (the “Sublease Common Areas”). Sublessor shall maintain and repair the Sublease Common Areas in good working order, reasonable wear and tear and casualty and condemnation and any misuse by Sublessee excepted. The costs incurred by Sublessor to maintain and repair the Sublease Common Areas shall be included in Sublessor’s Operating Costs (as hereinafter defined) and shall be paid by Sublessee as Additional Rent pursuant to Section 1.1 and Article 6. Sublessee shall use and occupy the Sublease Common Areas (i) in a first class manner, (ii) shall not commit any waste thereto and (iii) so as not to interfere with any other subtenant’s or other occupant’s use of the Sublease Common Areas. Sublessee’s use of the Sublease Common Areas shall be subject to and in accordance with any rules and regulations adopted by Sublessor on a non-discriminatory basis. With respect to Sublessee’s use of the gas distribution room that is a portion of the Sublease Common Areas, and notwithstanding anything in the Prime Lease to the contrary, Sublessee: (i) shall have the exclusive right to connect to and use the manifolds therein, which manifolds shall be deemed part of the Premises and not Sublease Common Areas; and (ii) shall only use and store nitrogen gas, carbon dioxide gas, and ancillary equipment in such gas distribution room; all others other gases that Sublessee uses for the Permitted Use must be used and stored in the Premises and not in the Sublease Common Areas. 2.1.3 Sublessee shall be entitled thereto to use the information technology and telecommunications infrastructure in the Premises (collectively, the “IT Infrastructure”), as more particularly described on Exhibit E attached hereto. Sublessee shall reasonably cooperate with Sublessor in order for Sublessor to operate the IT Infrastructure. Sublessor shall manage, maintain, and repair the IT Infrastructure during the Term) to , the cost of which shall be included in Sublessor’s Operating Costs. Sublessee’s use the parking areas and the cafeteria located in the Building, subject in all events to the Prime Landlord’s rights reserved and excepted in Article I, Section 2 of the Prime LeaseIT Infrastructure shall be subject to and in accordance with any reasonable rules and regulations adopted by Sublessor on a non-discriminatory basis. 2.1.2 From and after 2.1.4 Sublessor reserves the Effective Date hereof right to suspend or interrupt any services provided by Sublessor, which shall include the Essential Services (as defined in Section 3.1.12.1.5) and the maintenance and repair of the Sublease Common Areas, when necessary, by reason of Force Majeure, accidents or emergencies, or for alterations or improvements to the Leased Premises which, in Sublessor’s reasonable judgment, is necessary or appropriate until such Force Majeure event, accident or emergency shall cease or such alterations or improvements are completed, and Sublessor shall not be liable for any such suspension or interruption of services. Sublessor shall use commercially reasonable efforts to minimize interference with Sublessee’s use and occupancy of the Premises as a result of any such suspension or interruption of service. The exercise of any such right or the occurrence of any such failure by Sublessor shall not constitute an actual or constructive eviction, in whole or in part, or, except as expressly set forth in Section 2.1.5 below, entitle Sublessee to any compensation, abatement or diminution of Rent (as hereinafter defined), Sublandlord agrees to provide Subtenant with a temporary license to use space in the Building sufficient to accommodate four to six people, as reasonably determined by Sublandlord (the “Temporary Licensed Area”), in a location in the Building to be determined by Sublandlord in relieve Sublessee from any of its sole discretion. Subtenant will be permitted to use the Temporary Licensed Area pursuant to Subtenant’s obligations under this Lease, or impose any liability upon Sublessor by reason of inconvenience to Sublessee, or interruption of Sublessee’s business, or otherwise. Notwithstanding anything in this Sublease as to the contrary, if the Temporary Licensed Area was the “Premises” described herein, except that (i) no Base Rent, operating expenses or taxes will be charged for Subtenant’s use an interruption shall to any Essential Service occurs as a result of the Temporary Licensed Areanegligence or willful misconduct of Sublessor, its agents, contractors, or employees or the failure by Sublessor to perform its maintenance and repair obligations hereunder, except and to the extent due to the negligence or willful misconduct of Sublessee or Sublessee’s agents, employees, contractors or invitees, and (ii) Subtenantsuch interruption continues for more than five (5) consecutive business days after Sublessor shall have received written notice thereof from Sublessee, and (iii) as a result of such interruption, Sublessee’s right use of the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent, Sublessee’s Sublease Share of Taxes, and Sublessee’s Sublease Share of Operating Expenses for each day such interruption continues after such five (5) consecutive business day period. As used herein, “Essential Service” shall mean the following services, but only to the extent that Sublessor (and expressly not Prime Lessor) is required to provide such services to Sublessee pursuant to the terms of this Sublease and if not provided the absence of such service shall materially and adversely affect the use of the Temporary Licensed Area will end upon Premises for the Commencement Date ordinary conduct of Sublessee’s business: the operation of the IT Infrastructure, equipment in the central glass washing room, and is subject the Generator (as hereinafter defined). The foregoing rent abatement shall be the sole and exclusive remedy of Sublessee on account of such interruption or lack of services to earlier termination as may be provided herein. Subtenant will be responsible for all furniture, telephone by Sublessor and telecommunication costs and all other costs associated with its occupancy of the Temporary Licensed AreaSublessor shall have no further liabilities or obligations to Sublessee on account thereof.