Common use of Temporary Premises Clause in Contracts

Temporary Premises. Tenant is hereby granted the right to lease that certain space consisting of approximately 4,646 rentable square feet commonly known as Suite 500 (“Temporary Premises”) and located on the fifth (5th) floor of the Building, commencing on February 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. Tenant shall have the right to lease the Temporary Premises from Landlord upon the terms and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease of the Temporary Premises shall be upon all of the terms and conditions set forth in this Lease as though the Temporary Premises was the Premises, provided that (i) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over by Tenant of the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth in Article 16 of this Lease.

Temporary Premises. (a) Suite 1-150. Upon Landlord’s delivery of exclusive possession of Suite 1-150 to Tenant is hereby granted (“Suite 1-150 Commencement Date”) through the right Suite 1-150 Surrender Date (as defined below), Tenant shall lease certain premises deemed to lease that certain space consisting of contain approximately 4,646 8,283 rentable square feet commonly and presently known as Suite 500 (“Temporary Premises”) and located 1-150 on the fifth (5th) 1st floor of the Buildingbuilding known as Building I located at 00000 Xxxx Xxxxxx Xxxxx Xxxxxx, commencing Xxxxx 00000 (“Building I”) as shown on February Exhibit A-3 attached hereto (“Suite 1-150”) on a temporary basis, 2008subject to the surrender of Suite 1-150 by the current occupant, and continuing through on the following terms and including conditions: (i) Suite 1-150 and all furniture and equipment (“Premises Personal Property”) currently located at Suite 1-150 shall be taken and accepted in its present “as is” condition, and Landlord shall not be obligated to do any remodeling, renovation, or repair work with respect thereto; (ii) from and after the date which is five (5) business days following the “Lease Commencement Date,” Xxxxx 0-000 Xxxxxxxxxxxx Xxxx, Xxxxx 0-000 shall be included as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that a portion of the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 demised under the Lease, and Tenant’s occupancy shall be subject to all of the Tenant Work Letterterms, by February 1covenants, 2008. Landlord and Tenant acknowledge provisions of the Lease except that Tenant has been occupying shall pay Base Rent to Landlord based on the Temporary Premises pursuant to rental rate of $21.50 per rentable square foot of Suite 1-150, plus Tenant’s Pro Rata Share of Operating Expenses; (iii) Tenant shall reimburse Landlord for any direct and reasonable expenses incurred by Landlord as a sublease agreement. Tenant result of Tenant’s use and occupancy of Suite 1-150, and not otherwise included in Tenant’s Pro Rata Share of Operating Expenses, including, without limitation, signage, keys, wiring, electricity, and janitorial services, within 30 days after receipt of Landlord’s xxxx therefor; (iv) Landlord shall have the right to lease enter Suite 1-150 at any time to show the Temporary Premises from Landlord same to prospective tenants upon the terms and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal reasonable advance notice to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease of the Temporary Premises shall be upon all of the terms and conditions set forth in this Lease as though the Temporary Premises was the Premises, provided that (i) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept be deemed the Temporary Premises in its presently existing “as is” condition, the terms owner of the Premises Personal Property for all purposes from and after January 1, 2018. Notwithstanding anything to the contrary herein, during the first 90 days from the Suite 1-150 Commencement Date, Tenant Work Letter shall not pay any Base Rent, but will pay Tenant’s Pro Rata Share of Operating Expenses. On or before the date (“Suite 1-150 Surrender Date”) that is the day immediately prior to the Suite 2-100 Commencement Date, time being of the essence, Tenant shall, at Tenant’s sole cost, relocate any furniture, furnishings, trade fixtures, equipment (including telecommunication lines and equipment), and other personal property of Tenant and the Premises Personal Property from Suite 1-150 to the Premises (or otherwise remove such property from Suite 1-150) and surrender Suite 1-150 to Landlord in the condition specified in Section 21 of the Current Lease for a surrender on the Suite 0-000 Xxxxxxxxx Date. Upon such surrender of Xxxxx 0-000, Xxxxx 0-000 shall not be included as a portion of the Premises demised pursuant to this Lease but shall continue to be subject to Tenant’s Right of First Refusal as per Exhibit G, Section 2 of the Current Lease. If Tenant fails to timely surrender possession of Suite 1-150 to Landlord on the Suite 0-000 Xxxxxxxxx Date, then Tenant shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide or pay for improvements of any kind deemed a tenant at sufferance with respect to the Temporary Premises. Tenant hereby acknowledges Suite 1-150 and agrees that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over by Tenant of the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth in Article 16 provisions of this LeaseSections 10 and 21 of the Current Lease shall apply to such space, provided that Tenant shall have up to 30 days after the Suite 0-000 Xxxxxxxxx Date to complete removal of Tenant’s property from Suite 1-150 before any such property is deemed abandoned by Tenant.

Temporary Premises. Tenant is hereby granted the right to lease that certain space consisting Within thirty (30) days following Landlord's receipt of a written request by Tenant, Landlord shall make approximately 4,646 rentable five thousand (5,000) square feet commonly known of Rentable Area in the Project available for use by Tenant as Suite 500 a temporary premises (“the "Temporary Premises”") and located on while Tenant undertakes certain Alterations to the fifth (5th) floor of the BuildingPremises. Tenant shall make such request, commencing on February 1if at all, 2008, and continuing through and including the date which is within forty-five (545) business days following the “Lease Commencement Date,” as that term is defined parties' full execution of this Amendment. If Tenant makes such a request within the time provided in Article 2this Paragraph 7, below (the “Temporary Premises Term”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 then Landlord shall permit Tenant to make use of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant for a period not to a sublease agreement. Tenant shall have exceed one hundred eight (180) days (measured from the right to lease date Landlord makes the Temporary Premises Space available for Tenant's use), free from Landlord upon the Payment of Base Rent and Escalation Rent (for the Temporary Space only), but subject to all of the other terms and conditions set forth contained in this Section 1.3 and this the Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease The actual location of the Temporary Premises shall be upon all of determined by Landlord, in its sole and absolute discretion. Landlord shall not be in default under the terms and conditions set forth in this Lease as though the if Landlord is unable to make Temporary Premises was available for Tenant's use. If Landlord is not able to tender Temporary Premises to Tenant within thirty (30) days following Tenant's timely request therefor, then Tenant's sole remedy shall be the Premisesright to cancel this Amendment by written notice received by Landlord within ten (10) days following the expiration of such thirty (30) day period. Tenant shall be deemed to have elected not to cancel this Amendment if Tenant fails to deliver a written notice of cancellation to Landlord within the ten (10) day period referenced above. If Tenant elects to cancel this Amendment within the time and manner described above, provided that then (i) the Lease shall remain in full force and effect, as if the parties had never entered into this Amendment, and (ii) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, promptly return to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or Landlord any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned Improvement Allowance previously disbursed by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over including disbursements by Tenant of the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth in Article 16 of this Leaseapplication against Base Rent and/or Escalation Rent).

Temporary Premises. Landlord shall provide Tenant is hereby granted the right temporary access to lease that certain space consisting of approximately 4,646 4,406 rentable square feet commonly known on the 10th floor of the Building as Suite 500 shown on Exhibit D attached hereto (the “Temporary Premises”) and located ). Landlord shall deliver the Temporary Premises to Tenant on the fifth (5th) floor of the Building, commencing on February January 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below 2015 (the “Temporary Premises TermCommencement Date”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying shall take possession of the Temporary Premises pursuant to on an “as is, where is, and with all faults” basis. Tenant shall pay no Base Rent or other rental (including any Expenses or Taxes) for the Temporary Premises during such occupancy. Notwithstanding the foregoing, Tenant shall pay for all electricity consumed within the Temporary Premises and, as a sublease agreementresult thereof, shall be separately billed for such usage. Tenant shall have the right to lease use and occupy the Temporary Premises from until one (1) week after Landlord upon has (i) Substantially Completed the terms construction of the Tenant Improvements in the New Premises, and conditions set forth in this Section 1.3 (ii) received all necessary certificates of occupancy allowing Tenant to occupy and this Leaseconduct business therefrom. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for At such time as Tenant’s access to the Temporary Premises has ended, Tenant shall surrender same to Landlord in an amount equal broom clean and substantially the same condition as same was delivered to Thirteen Thousand Four Hundred Seventy-Three Tenant, reasonable wear and 40/100 Dollars ($13,473.40) (i.e.tear and damage by fire or other casualty excepted. For the avoidance of doubt, $2.90 per rentable square foot of otherwise as specified herein, until such time as Tenant has vacated the Temporary Premises). Tenant’s lease of , the Temporary Premises shall be upon all deemed to be included within the definition of “Premises” and “New Premises”, respectively, for purposes of the terms and conditions set forth in this Lease as though the Temporary Premises was the Premises, provided that (i) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over by Tenant of the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth in Article 16 of this Leaseamended hereby.

Temporary Premises. Commencing upon the Commencement Date and continuing until Tenant is hereby granted first conducts any business in the right Premises, Landlord shall lease to Tenant and Tenant shall lease that certain space consisting from Landlord an office or offices, as determined by Landlord and reasonably approved by Tenant, sufficient to accommodate 3 people in either a portion of approximately 4,646 rentable square feet commonly known as Suite 500 the Premises or in premises selected by Landlord in the building at the Project located at 0000 Xxx Xxxxx Xxxx (in either such event, the “Temporary Premises”) and located on the fifth (5th) floor of the Building, commencing on February 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. Tenant shall have the right to lease the Temporary Premises from Landlord upon the terms acknowledges and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease of the Temporary Premises shall be upon agrees that all of the terms and conditions of this Lease shall apply to the leasing of the Temporary Premises as if the Temporary Premises were the Premises, except that: (a) the term of the lease with respect to the Temporary Premises shall be as set forth in the first sentence of this Lease as though the Temporary Premises was the Premises, provided that Section 42; (ib) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, be required to pay monthly Base Rent for the Temporary Premises but Tenant shall be required to pay Tenant’s Share of Operating Expenses for the Temporary Premises based on the size of the Temporary Premises; (ivc) the terms amount of Article 14 of this Lease the Security Deposit shall be inapplicable the amount of the Security Deposit required for the Premises; (d) Landlord shall not be required to make any improvements to the Temporary Premises, Premises and Tenant shall have no right to Transfer all or any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition; (e) notwithstanding anything to the contrary contained in Section 22, Tenant shall not have the terms right to sublease any portion of the Tenant Work Letter shall be inapplicable Temporary Premises or assign Tenant’s right to use the Temporary Premises this Lease, and (f) notwithstanding anything to the contrary contained in this Lease, Tenant shall only be permitted to use the Temporary PremisesPremises for office purposes only and, except for Hazardous Materials contained in products customarily used by tenants in de minimis quantities for ordinary cleaning and Landlord office purposes, Tenant shall have no obligation not permit or cause any party to provide bring any Hazardous Material upon the Temporary Premises or pay for improvements use, store, handle, treat, generate, manufacture, transport, release or dispose of any kind with respect to Hazardous Material in, on or from the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following in substantially the Lease Commencement Date same condition as received, broom clean, ordinary wear and tear excepted. Tenant shall constitute a holding over by Tenant be entitled to remove all of Tenant’s personal property from the Temporary Premises, including any signs, trade fixtures, equipment, furniture, etc., and shall be liable to Landlord for any damage to the Temporary Premises and caused by Tenant during the removal of such tenancy shall be subject to the terms and conditions set forth in Article 16 of this Leaseproperty.

Temporary Premises. Tenant is hereby granted the right to lease that certain space consisting of approximately 4,646 rentable square feet commonly known as Suite 500 (“Temporary Premises”) and located Commencing on the fifth (5th) floor of the Building, commencing on February 1, 2008, Expansion Premises Delivery Date and continuing through and including until the earlier of (i) the date that Tenant surrenders the Temporary Premises to Landlord in accordance with surrender requirements and in the condition required with respect to the Existing Premises pursuant to the Lease (which shall be upon no less than 30 days' prior written notice to Landlord) or (ii) the date the Lease expires or is five earlier terminated (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “"Temporary Premises Term”"), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Landlord shall lease to Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying shall lease from Landlord the Temporary Premises pursuant to a sublease agreementPremises. Tenant shall have the right to lease the Temporary Premises from Landlord upon acknowledges and agrees that all of the terms and conditions of the Lease shall apply to the leasing of the Temporary Premises as if the Temporary Premises were the Demised Premises, except that: (a) the term of this Lease with respect to the Temporary Premises shall be as set forth in the first sentence of this Section 1.3 and this Lease. 9, (b) Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for Basic Annual Rent with respect to the Temporary Premises in an the amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars (of $13,473.40) (i.e., $2.90 28.00 per rentable square foot of the Temporary Premises). Tenant’s lease Premises per year, subject to annual increases of 3% upon each anniversary of the Expansion Premises Delivery Date, during the Temporary Premises Term, (c) Tenant shall be upon all of the terms and conditions set forth in this Lease as though pay Tenant's Proportionate Share with respect to the Temporary Premises was the Premises(which shall be equal to 1.63%), provided that (id) Tenant Landlord shall not be required to make any “Alterations,” as that term is defined in Section 8.1, below, improvements to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, Premises and Tenant shall have no right to Transfer all or any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “"as is” " condition, the terms of the (e) Tenant Work Letter shall have no right, nor shall Tenant be inapplicable required, to make any Alterations or improvements to the Temporary Premises, (f) no additional Security Deposit shall be required for the Temporary Premises and Landlord (g) Tenant shall have no obligation the right, subject to provide or pay for improvements the terms of any kind Section 1.3 of the original Lease, to use its pro rata share of parking spaces with respect to the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision Premises (which as of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Expansion Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over by Tenant of the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth in Article 16 of this Lease7 spaces).

Temporary Premises. Tenant is hereby granted the right to lease that certain space consisting of approximately 4,646 rentable square feet commonly known as Suite 500 Commencing on March 1, 2020 (“Temporary PremisesPremises Commencement Date”) and located on the fifth (5th) floor of the Building, commencing on February 1, 2008), and continuing through and including the date which is five until February 28, 2021 (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided Landlord shall lease to Tenant and Tenant shall lease from Landlord that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 portion of the Tenant Work Letter10578 Building, by February 1containing approximately 11,749 rentable square feet, 2008. Landlord and Tenant acknowledge that Tenant has been occupying as shown on Exhibit A attached to this First Amendment (the “Temporary Premises pursuant to a sublease agreementPremises”). Tenant shall have the right to lease the Temporary Premises from Landlord upon acknowledges and agrees that all of the terms and conditions of the Lease shall apply to the leasing of the Temporary Premises as if the Temporary Premises were the Premises, except that: (a) the term of the lease with respect to the Temporary Premises shall be as set forth in the first sentence of this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for 1; (b) commencing on the Temporary Premises Commencement Date, Tenant shall be required to pay Base Rent to Landlord on the first day of each month of the Temporary Premises Term in an the amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars (of $13,473.40) (i.e., $2.90 60.00 per rentable square foot of the Temporary Premises). Tenant’s lease of Premises per year on a triple net basis (which amount shall not be subject to adjustment during the Temporary Premises shall be upon all of the terms and conditions set forth in this Lease as though Term), (c) commencing on the Temporary Premises was the PremisesCommencement Date, provided that (i) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, pay Tenant’s Share of Operating Expenses with respect to the 10578 Building with respect to the Temporary Premises; Premises (iv) the terms of Article 14 of this Lease which shall be inapplicable equal to 7.99%) and separately metered Utilities provided to the Temporary Premises, and Tenant shall have no right to Transfer all or any portion of (d) commencing on the Temporary Premises Commencement Date, Tenant shall pay the Amenities Fee with respect to the Temporary Premises at the same rate that Tenant is then paying with respect to the Premises, as may be adjusted pursuant to Section 42(b) of the Lease, (e) Landlord shall not be required to make any “Transferee,” as that term is defined in Section 14.1, below; improvements to the Temporary Premises and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five ; (5f) business days following the Lease Commencement Date shall constitute a holding over by Tenant of the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth of Section 10 of the Lease, Tenant shall have the right during the Temporary Premises Term, in Article 16 common with other tenants and occupants of the Project, to use 2.5 parking spaces per 1,000 rentable square feet of the Temporary Premises, which parking spaces shall be located in those areas designated for non-reserved parking, (g) Tenant shall have the exclusive use of 100% of the control area in the 10578 Building designated on Exhibit C attached to this First Amendment, which control area Landlord and Tenant acknowledge and agree is located within the Premises, (h) notwithstanding anything to the contrary contained in Section 12 of the Lease, Tenant shall have no right to construct any Alterations or improvements in the Temporary Premises, and (i) interior signs on doors and the directory tablet of the 10578 Building shall be inscribed, painted or affixed for Tenant by Landlord at the sole cost and expense of Tenant, and shall be of a size, color and type acceptable to Landlord, but Tenant shall have no rights to monument signage or building signage in connection with the Temporary Premises. Tenant acknowledges that Tenant shall be responsible for obtaining all licenses required for Tenant’s occupancy of the Temporary Premises including, without limitation, any Hazardous Materials-related licenses and for delivering a Surrender Plan as provided for in the Lease with respect to the Temporary Premises at the expiration or earlier termination of the Temporary Premises Term. During the Temporary Premises Term, Tenant shall have the right to use the furniture, fixtures and equipment belonging to Landlord described on Exhibit B attached to this First Amendment and located within the Temporary Premises on the Temporary Premises Commencement Date (“Landlord’s Furniture”). Tenant shall have no right to remove any of Landlord’s Furniture from the Temporary Premises without Landlord’s prior written consent and Landlord’s Furniture shall be returned to Landlord at the expiration or earlier termination of the Term in substantially the same condition as received by Tenant, except for ordinary wear and tear and casualty. Landlord represents to Tenant that Landlord owns Landlord’s Furniture reflected on Exhibit B as of date of this First Amendment free and clear of any third party liens or claims. Landlord and Tenant acknowledge and agree that (x) Tenant occupied the Temporary Premises immediately preceding the Temporary Premises Commencement Date pursuant to a License Agreement between Landlord and Tenant dated of even date herewith (the “License Agreement”), (y) Tenant made certain Approved Alterations (as defined in the License Agreement) to the Temporary Premises while it occupied the Temporary Premises under the License Agreement, and (z) to the extent that the Approved Alterations were not completed by Tenant during the Term (as defined in the License Agreement) of the License Agreement, Tenant shall have the right to continue to construct and complete the Approved Alterations during the initial 30 days of the Temporary Premises Term. Tenant shall have the right to make additional Alterations in the Temporary Premises pursuant to and in accordance with the terms and conditions of Section 12 of the Lease; provided, however, that, prior to the expiration of the Temporary Premises Term, Tenant shall, at Tenant’s sole cost and expense, remove the Approved Alterations and any and all additional Alterations constructed in the Temporary Premises during the Temporary Premises Term (or the Extended Temporary Premises Term (as defined below), and restore the Temporary Premises to its condition as of the Commencement Date (as defined in the License Agreement) of the License Agreement.

Temporary Premises. (a) Subject to the terms and conditions of the Lease, excepting Monthly Base Rent, Tenant is hereby granted shall have right to use Suite 1450 ("Temporary Premises") consisting of approximately 1,471 rentable square feet effective October 6, 1997 through such date that Landlord delivers the Premises, as defined in the Lease, to Tenant in accordance with Exhibit C attached thereto. Tenant shall pay Landlord the amount of $4,167.83 as Monthly Base Rent for its use of the Temporary Premises. Landlord shall have no obligation to alter or remodel the Temporary Premises and shall deliver the Temporary Premises to Tenant in its "as is" condition. Tenant shall occupy the Temporary Premises under all other terms and conditions contained in the Lease. Notwithstanding the above, Landlord shall have the right to lease that certain space consisting terminate this Lease in connection with Suite 1450 should Landlord not deliver the Premises to Tenant as of approximately 4,646 rentable square feet commonly known as Suite 500 (“Temporary Premises”) and located on the fifth (5th) floor of the Building, commencing on February December 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that 1997. If the Premises are is not “Substantially Complete,” as that term is defined in Section 5.1 of the delivered to Tenant Work Letter, by February January 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. 1998, Tenant shall have the right to lease the Temporary Premises from Landlord upon the terms and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease of the Temporary Premises shall be upon all of the terms and conditions set forth in terminate this Lease as though the Temporary Premises was the Premises, provided that (i) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and by providing Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date prior written notice. In such event, Landlord shall constitute a holding over incur no liability and shall return all monies paid by Tenant of in connection with the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth in Article 16 of this Lease.(e.g. Security Deposit, first month's rent). TENANT: LANDLORD: INTERNET ACCESS MARKET & SECOND, Inc. FINANCIAL CORPORATION, Inc. a Delaware corporation a California corporation BY: /s/ TIMOXXX XXXXXXXX BY: [SIG] ------------------------------- --------------------------------- ITS: C.O.O. ITS: AUTHORIZED SIGNATORY ------------------------------ -------------------------------- BY: /s/ PETEX XXXXXXXX --------------------------------- PETEX XXXXXXXX ITS: AUTHORIZED SIGNAT0RY --------------------------------- EXHIBIT A "PREMISES" [GRAPHIC] EXHIBIT B 595 XXXXXX XXXXXX RULES AND REGULATIONS

Temporary Premises. Tenant is hereby granted Effective as of January 1, 2015 (the right to lease that certain “Temporary Premises Commencement Date”), the space consisting located on the 24th floor of approximately 4,646 rentable square feet commonly known as Suite 500 the Building shown outlined on the attached Exhibit A (the “Temporary Premises”) and located on known as Suite 2400 shall be added to the fifth (5th) floor of premises covered by the Building, commencing on February 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008Lease. Landlord and Tenant acknowledge hereby stipulate for all purposes of the Lease that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. Tenant shall have the right to lease the Temporary Premises from Landlord upon the terms and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per contains 14,331 rentable square foot feet of the Temporary Premises)space. Tenant’s lease of the Temporary Premises shall be upon on all of the terms terms, covenants and conditions set forth contained in this the Lease applicable to the Premises, except as though follows: (i) the term of the Temporary Premises was lease shall commence on the PremisesTemporary Premises Commencement Date and expire on the date (the “Temporary Premises Expiration Date”) that is the earlier of July 31, provided that 2015 or ten (i10) days after the date on which Tenant shall substantially complete the Initial Alterations (as defined in Paragraph 6 below), and Tenant shall not make have any “Alterations,” as that right to renew or further extend the term is defined in Section 8.1, below, to of its lease of the Temporary Premises; (ivii) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or any portion of the Temporary Premises shall be delivered to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” as-is condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide make or pay for any alterations, additions, improvements or renovations thereto to prepare the same for Tenant's occupancy; (iii) unless Tenant shall holdover in the Temporary Premises beyond the Temporary Premises Expiration Date, in which case the provisions of the following paragraph shall apply, Tenant shall have no obligation to pay Monthly Rent for the Temporary Premises, (iv) Tenant shall not have any kind right to make any Alterations to the Temporary Premises except with Landlord’s prior written consent in Landlord’s sole and absolute discretion, (v) on or prior to the Temporary Premises Expiration Date, Tenant shall vacate the Temporary Premises and surrender the same to Landlord in the condition required by Paragraph 20.a. of the Lease (and for purposes of this clause (v) all references in said Paragraph 20.a. to the “Premises” shall be deemed references to the Temporary Premises as defined herein), (vi) Tenant shall pay for electricity furnished to the Temporary Premises in the same manner as Tenant pays for electricity furnished to the Premises in accordance with Paragraph 5 below, and (vii) during the term of the Tenant’s lease of the Temporary Premises, Tenant shall pay Additional Rent for the Temporary Premises pursuant to Paragraph 7 of the Lease, except that the Additional Rent payable by Tenant for the Temporary Premises shall be calculated on a net basis rather than by reference to a Base Year or Base Tax Year (i.e., Tenant shall pay Tenant’s Share (as defined below) of the Operating Expenses and Tax Expenses incurred by Landlord during the Lease term of the Temporary Premises, without regard to any increases therein over Base Year or Base Tax Year amounts thereof). For purposes of the foregoing, “Tenant’s Share” with respect to the Temporary PremisesPremises shall be 4.15%. Notwithstanding the foregoing, if Tenant hereby acknowledges and agrees that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure fail to surrender possession of the Temporary Premises to Landlord within five (5) business days following in the condition required hereunder on or prior to the Temporary Premises Expiration Date, the provisions of Paragraph 20 of the Lease Commencement Date regarding a holdover without Landlord’s consent shall constitute be applicable, and Tenant shall pay Monthly Rent for the Temporary Premises during such holdover period in the amount of $107,482.50 per month, as pro-rated on a holding over by daily basis on the basis of a thirty (30) day month. The foregoing shall not imply any right of Tenant to remain in possession of the Temporary Premises beyond the Temporary Premises Expiration Date, and such tenancy shall be subject Landlord reserves all other rights and remedies pursuant to the terms Lease (including pursuant to Paragraph 20.c. of the Lease) and conditions set forth applicable law if Tenant shall fail to timely surrender the Temporary Premises as required hereunder. Upon either party’s request, Landlord and Tenant shall execute a letter in Article 16 substantially the form of this LeaseExhibit B attached hereto confirming the Temporary Premises Commencement Date and the Temporary Premises Expiration Date.

Temporary Premises. Tenant is hereby granted shall occupy the right to lease that certain space consisting of approximately 4,646 rentable square feet commonly known as Suite 500 (following “Temporary Premises”) and located on the fifth (5th) floor of the Building, commencing on February 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. Tenant shall have the right to lease the Temporary Premises from Landlord upon under the terms and conditions set forth in this Section 1.3 Paragraph 14. For this purpose, “Temporary Premises” shall mean the following premises: Suite 625 in the Building, stipulated to contain 3,057 square feet of leasable area (“Suite 625”); Sxxxx 000 in the Building, stipulated to consist of 1,655 square feet of leasable area (“Suite 865”); and this LeaseSuite 2000 in the Building, stipulated to contain 9,664 leasable square feet (“Suite 2000”). Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for has inspected the Temporary Premises and accepts the Temporary Premises in an amount equal AS-IS condition. Tenant shall be permitted to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease of occupy the Temporary Premises shall be upon under all of the terms and conditions of the Lease as amended herein. In the event that Tenant does not timely exercise the termination right set forth in this Lease as though Paragraph 14 hereof, Tenant shall not be required to pay Fixed Annual Rent or its Proportionate Share for the Temporary Premises was the Premises, provided that (i) unless Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, fails to vacate the Temporary Premises; Premises on or before the “Temporary Premises Expiration Date”, namely nine (iv9) months following receipt of the terms Required Municipal Approvals or, if Tenant has delivered the Termination Notice to Landlord, then ten (10) business days following Tenant’s delivery to Landlord of Article 14 of this Lease shall be inapplicable to the Temporary PremisesTermination Notice. In the event that Landlord enters into a lease with a third party tenant for Sxxxx 000 xx Xxxxx 000, and Tenant shall have no right to Transfer all or any then Landlord may relocate Tenant’s temporary use for such portion (s) of the Temporary Premises to any “Transferee,” as that term is defined other comparable vacant premises in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and Building. Landlord shall have no obligation not, however, be permitted to provide or pay for improvements relocate Tenant’s use of any kind with respect to the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision Suite 2000 as a portion of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no the event shall that Tenant be entitled requires additional temporary premises prior to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over by Tenant occupancy of the Temporary Premises Second Amendment Expansion Space and has not tendered the Termination Notice, Landlord will reasonably endeavor to accommodate such tenancy shall be subject to the terms and conditions set forth in Article 16 of this Leaserequirement.

Temporary Premises. Notwithstanding anything to the contrary contained in this Lease, from and after the Lease Date set forth in the Basic Terms, Landlord shall provide to Tenant is hereby granted the right to lease that certain space consisting of approximately 4,646 10,858 rentable square feet commonly known as of temporary space located in Suite 500 355 on the third floor of the Building (the “Temporary Premises”) and located on the fifth (5th) floor of the Building, commencing on February 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. Tenant shall have including the right to lease use the Temporary Premises from Landlord upon the terms existing furniture and conditions set forth cubicles in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the said Temporary Premises). Tenant’s lease occupancy of the Temporary Premises shall be upon all of on the terms and conditions set forth in of this Lease as though the Temporary Premises was were the “Premises” hereunder, provided except that (i) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right obligation to Transfer all or any portion of pay Rent for the Temporary Premises to any “Transferee,” (except as that term is defined expressly provided in Section 14.1, below; and (vthe following paragraph) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide construct tenant improvements or pay for improvements of any kind with respect to other alterations in the Temporary Premises. , Tenant hereby acknowledges acknowledging and agrees agreeing that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show accepts the Temporary Premises in an “AS IS - WHERE IS” condition. If the Lease is not terminated in accordance with Section 18.1 of Exhibit C attached hereto and incorporated herein, Tenant shall be entitled to prospective third parties interested occupy the Temporary Premises from and after the Lease Date until the date that is fourteen (14) days after the date on which a certificate of occupancy (or equivalent governmental approval) is issued for the Premises. The foregoing notwithstanding, if the Lease is terminated in leasing accordance with Section 18.1 of Exhibit C. Tenant shall be entitled to occupy the Temporary Premises for a period of one hundred twenty (120) days from and after the date of the Tl Termination Notice (as defined in Section 18.1 of Exhibit C) at an annual Base Rent of Fourteen and No/100ths Dollars ($14.00) per square foot for the Temporary Premises (or a monthly Base Rent of Twelve Thousand Six Hundred Sixty-Seven and 67/100ths Dollars ($12,667.67) for such period of Tenant’s occupancy of the Temporary Premises). In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord The surrender and hold over provisions of Article 15 of this Lease will in connection with Landlord’s right to show all events apply (as though the Temporary Premises to third parties. Tenant’s failure to surrender were the Temporary Premises to Landlord within five (5“Premises” hereunder) business days following upon the Lease Commencement Date shall constitute a holding over by Tenant expiration of the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth in Article 16 of this Leaseaforementioned one hundred twenty (120) day period.

Temporary Premises. If: (1) the Landlord Work (as defined in Exhibit B attached hereto) is or will be materially disruptive to the conduct of Tenant’s business in the Premises, and (2) Tenant is hereby granted has delivered the right final approved Plans (as defined in Exhibit B attached hereto) to lease that certain Landlord on or before March 15, 2003, and has otherwise complied with Exhibit B attached hereto in all material respects, then Tenant shall be permitted to occupy space consisting selected by Landlord (in Landlord’s reasonable discretion) on the 2nd, 4th or 6th floors of approximately 4,646 rentable square feet commonly known as Suite 500 the Building (the “Temporary Premises”). At any time after Tenant has delivered the final approved Plans and subject to the conditions in the previous sentence, Tenant may notify Landlord of its need for the Temporary Premises. Within 5 Business Days of such notice, Landlord shall advise Tenant (the “Temporary Premises Advice”) of the temporary space Landlord is prepared to permit Tenant to occupy as the Temporary Premises, and located Landlord shall make reasonable efforts to provide such space on the fifth (5th) 6th floor of the Building, commencing on February 1, 2008, and continuing through and including . Tenant may occupy the Temporary Premises by providing Landlord with written notice within 5 days after the date which is five of the Temporary Premises Advice. The term for the Temporary Premises shall commence upon the commencement date stated in the Temporary Premises Advice and end on the date Landlord substantially completes (5as determined by Landlord in Landlord’s reasonable discretion) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below Landlord’s Work (the “Temporary Premises Term”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. Tenant shall have the right to lease the Temporary Premises from Landlord upon the terms and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease of the Temporary Premises shall be upon all of the terms and conditions set forth in this Lease as though the Temporary Premises was the Premises, provided that (i) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide any improvement allowance, leasehold improvements, or pay for improvements of any kind with respect other work to the Temporary Premises. During the Temporary Premises Term, Tenant hereby acknowledges shall occupy the Temporary Premises under all terms and agrees that notwithstanding any contrary provision provisions of this Leasethe Lease (including, but not limited to, the indemnity and insurance provisions thereunder), except those provisions requiring payment of Base Rent or Additional Rent as to the Temporary Premises. During the Temporary Premises Term, Landlord shall have the right without prior notice to relocate Tenant to show from the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled another space substantially similar to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties(the “Relocation Temporary Premises”) at Landlord’s sole cost and expense. Tenant’s failure to surrender After such relocation, the Relocation Temporary Premises shall be considered the “Temporary Premises” for the purposes of this Section I.B. During the Temporary Premises Term, Tenant shall continue to Landlord within five (5) business days following pay Base Rent and Additional Rent for the Lease Commencement Date shall constitute a holding over by Tenant of the Temporary Premises and such tenancy shall be subject pursuant to the terms of the Lease and conditions set forth in Article 16 of this LeaseAmendment.

Temporary Premises. Commencing on June 11, 2004, and continuing until the Delivery of the Premises or until the Lease is terminated by Tenant is hereby granted in accordance with the right provisions of Section 2, Landlord shall lease to Tenant and Tenant shall lease that certain space consisting of from Landlord approximately 4,646 rentable 10,017 square feet commonly known as Suite 500 (“Temporary Premises”) and located in the west wing on the fifth (5th) second floor of the Building, commencing on February 1, 2008, and continuing through and including building at the date which is five Project known as 2450 Bayshore Parkway (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises TermInitial Premises”), provided that the . The Initial Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreementmore particularly shown on Exhibit H attached hereto. Tenant shall have the right to lease the Temporary Premises from Landlord upon the terms acknowledges and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease of the Temporary Premises shall be upon agrees that all of the terms and conditions set forth in this Lease as though the Temporary Premises was the Premises, provided that (i) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable apply to the Temporary leasing of the Initial Premises as if the Initial Premises were the Premises, except that: (a) the term of the lease with respect to the Initial Premises shall be as set forth in the first sentence of this Section 40; (b) monthly Base Rent for the Initial Premises shall be $17,500 per month; (c) Tenant’s Share of Operating Expenses shall be 23.5%; (d) the amount of the Security Deposit shall be the amount of the Security Deposit required for the Premises; (e) Landlord shall not be required to make any improvements to the Initial Premises and Tenant shall accept the Initial Premises in its as is” condition; (f) notwithstanding anything to the contrary contained in Section 22, Tenant shall not have no the right to Transfer all or sublease any portion of the Temporary Initial Premises to any “Transferee,” as that term is defined in Section 14.1, belowor assign this Lease; and (vg) the provisions of Section 39 shall not apply to the leasing of the Initial Premises. Notwithstanding anything to the contrary contained in this Section 40, Tenant shall accept not be required to pay monthly Base Rent for the Temporary Premises in its presently existing “as is” condition, the terms first month of the Tenant Work Letter shall be inapplicable to term of the Temporary Premises, and Landlord shall have no obligation to provide or pay for improvements of any kind lease with respect to the Temporary Initial Premises. Tenant hereby acknowledges that Tenant shall be responsible for obtaining the certificate of occupancy and agrees that notwithstanding all licenses required for Tenant’s occupancy of the Initial Premises including, without limitation, any Hazardous Materials-related licenses. Notwithstanding anything to the contrary provision contained in this paragraph, following Delivery of the Premises, Tenant shall have the option, in addition to leasing the Premises pursuant to the terms of this Lease, Landlord shall have to continue to lease the right without prior notice to Tenant to show the Temporary Initial Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over by Tenant of the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth in Article 16 of this Leaseuntil December 31, 2004.

Temporary Premises. As an accommodation to Tenant, Tenant is hereby granted shall have the exclusive right to lease that certain space use temporarily, and Landlord will provide to Tenant on a temporary basis, Suites 350 and 390, consisting of approximately 4,646 rentable 8,503 square feet commonly known of Rentable Area, and located on the 3rd floor within the building located at 5000 XXX Xxxxxxx, Xxxxxx, Xxxxx 00000, as Suite 500 more particularly shown on the attached Exhibit L (the “Temporary Premises”) and located on the fifth (5th) floor of the Building, commencing on February 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. Tenant shall have the right to lease the Temporary Premises from Landlord upon the terms and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot purpose of the Temporary Premises). storing Tenant’s lease of the furniture. The Temporary Premises shall be upon all of made available to Tenant promptly after the terms and conditions set forth in this Lease as though the Temporary Premises was the PremisesPossession Date, provided that (i) Tenant shall not make any on an “Alterations,AS IS, WHERE IS” as that term is defined in Section 8.1, below, to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premisesbasis, and Landlord shall have no obligation to provide refurbish or pay for make any improvements or alterations of any kind nature in the Temporary Premises or provide any improvement allowance with respect thereto. Tenant's lease of the Temporary Premises shall be on and subject to all of the terms and conditions of this Lease, except that (a) Tenant shall not be obligated pay Base Rent or Additional Rent or Electrical Costs for the Temporary Premises, provided Tenant shall be responsible for paying the costs of any after-hours HVAC or other additional services pursuant to this Lease; (b) Tenant shall have no right to renew or extend the Lease Term with respect to the Temporary Premises. ; (c) Tenant hereby acknowledges shall not make any Alterations to the Temporary Premises without the consent of Landlord; (d) furnishings and agrees that notwithstanding equipment may be installed in the Temporary Premises provided such items may be removed without injury or damage to the Temporary Premises; (e) Tenant shall be expressly prohibited from assigning or subleasing any contrary provision or all of this Leasethe Temporary Premises or any interest therein; (f) Tenant shall permit Landlord or its agents, Landlord shall have the right without at any time, with reasonable prior notice to Tenant or charge therefor to show Landlord, to enter the Temporary Premises to exhibit the same to prospective third parties interested in leasing the Temporary Premises. In no event shall tenants; and (g) Tenant be entitled further agrees to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by cooperate with Landlord in connection with Landlord’s right 's exercise of Landlord's rights of entry under this Paragraph 20(ss). Tenant, at its sole cost and expense, will be responsible for obtaining telephone, cable and other services as needed for the operation of the Temporary Premises. Tenant's rights in this Paragraph 20(ss) to show use the Temporary Premises to third partiesshall terminate on, and Tenant shall vacate the Temporary Premises no later than five business days after the Commencement Date. Tenant’s 's failure to surrender the Temporary Premises to Landlord within five (5) in accordance with the terms of this Lease on or before the fifth business days following day after the Lease Commencement Date shall constitute a holding over by Tenant of for the Temporary Premises and such tenancy shall be subject to the terms and conditions set forth in Article 16 holdover provisions of Paragraph 20(f). Notwithstanding the foregoing provisions of this LeaseParagraph 20(ss), upon thirty (30) days prior written notice to Tenant, Landlord may relocate the Temporary Premises to other space in the Centre at Tenant’s sole cost and expense. Tenant shall pay any amounts incurred by Landlord in connection therewith within thirty (30) days following Landlord’s delivery of an invoice therefor. SIGNATURE PAGE TO OFFICE LEASE BY AND BETWEEN TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, A NEW YORK CORPORATION, FOR THE BENEFIT OF THE REAL ESTATE ACCOUNT, AS LANDLORD, AND HALLMARK FINANCIAL SERVICES, INC., AS TENANT

Temporary Premises. As an accommodation to Tenant, Landlord hereby agrees to allow Tenant is hereby granted to use and occupy on a temporary basis (for the right to lease period beginning on February 1, 2008 through completion of Tenant’s Tenant Improvements in the Remaining Premises, but in no event later than May 31, 2008) the following space in the Building: (i) that certain space consisting of approximately 4,646 rentable square feet premises commonly known as Suite 500 450, (ii) that certain premises commonly known as Suite 850, and (iii) subject to Section 1.4, above, a portion of the Suite 310 Premises comprised of approximately 3,907 rentable square feet (collectively, the “Temporary Premises”) and located on the fifth (5th) floor of the Building, commencing on February 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that the Premises are not all as more particularly shown on Exhibit “Substantially Complete,A” as that term is defined in Section 5.1 attached hereto. Tenant’s use and occupancy of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. Tenant shall have be on the right to lease the Temporary Premises from Landlord upon the same terms and conditions set forth in this Section 1.3 and this the Lease. , provided, however, that Tenant shall (a) have no obligation to pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent to Landlord any Rent for the Temporary Premises in an amount equal for the period February 1, 2008 through May 31, 2008 (the “Temporary Premises Rent Abatement Period”), and (b) vacate and surrender to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease of Landlord the Temporary Premises shall be upon all in accordance with Section 30.8 of the terms and conditions set forth Original Lease upon completion of the Tenant Improvements in this Lease as though the Temporary Premises was the Remaining Premises, provided which shall occur no later than May 31, 2008. In the event that (i) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1, below, to the Temporary Premises; (iv) the terms of Article 14 of this Lease shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or occupies any portion of the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over by Tenant expiration of the Temporary Premises Rent Abatement Period, (1) Tenant shall pay to Landlord Landlord’s then asking rental rate for such portion of the Temporary Premises then occupied by Tenant for any period following the Temporary Premises Rent Abatement Period (which amounts shall not be prorated and such tenancy shall be subject to billed on a calendar month basis for the terms period of any holdover), and conditions set forth in Article 16 (2) the provisions of this LeaseSection 30.10 (Holding Over) shall apply.

Temporary Premises. Commencing upon the mutual execution and delivery of this First Amendment by Landlord and Tenant is hereby granted the right to lease that certain space consisting of approximately 4,646 rentable square feet commonly known as Suite 500 (“Temporary Premises”) and located on the fifth (5th) floor of the Building, commencing on February 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises TermCommencement Date”) and continuing through the date that Tenant vacates the Temporary Premises, which shall be no later than April 15, 2013 (the “Temporary Premises Expiration Date”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Landlord shall lease to Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying shall lease from Landlord the Temporary Premises pursuant to a sublease agreement. Tenant shall have the right to lease the Temporary Premises from Landlord upon the terms and conditions set forth in this Section 1.3 First Amendment and this the Lease, as amended. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for The period commencing on the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three Commencement Date and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of continuing through the Temporary Premises)Premises Expiration Date shall be referred to herein as the “Temporary Premises Term”. Tenant’s lease of the Temporary Premises shall be upon all of the terms and conditions set forth in this Lease the Lease, as amended, as though the Temporary Premises was the Premises, provided that (i) Tenant shall pay to Landlord monthly installments of Base Rent for the Temporary Premises in an amount equal to $12,500.00 per month (pro-rated for any partial month), (ii) Tenant shall not make be obligated to pay any “Alterations,” as that term is defined in Section 8.1, below, Operating Expenses or Tax Expenses with respect to the Temporary Premises; provided, however, that Tenant shall be required to pay for any water, electricity, heat or air conditioning used in the Temporary Premises in excess of that supplied by Landlord pursuant to Section 6.1 of the Lease, in accordance with the terms of Section 6.2 of the Lease, (iviii) the terms of Article 14 Section 2.2 of this the Lease shall be inapplicable to the Temporary Premises, and (iv) Tenant shall not have no the right to Transfer all assign, sublease or any portion of otherwise transfer its interest in the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1Premises, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter attached to the Lease shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, and (vi) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval may be withheld in Landlord’s sole discretion. Tenant hereby acknowledges and agrees that notwithstanding neither Landlord nor any contrary provision agent of this Lease, Landlord shall have has made any representation or warranty regarding the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. Tenant’s failure to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over by Tenant condition of the Temporary Premises and such tenancy shall be subject or the Building or with respect to the terms and conditions set forth in Article 16 suitability of this Leaseany of the foregoing for the conduct of Tenant’s business.

Temporary Premises. Commencing on the date that is 1 business day after the mutual execution and delivery of this Third Amendment by the parties, and continuing until the date Landlord Delivers the Second Expansion Premises to Tenant, Landlord shall lease to Tenant is hereby granted the right to and Tenant shall lease that certain space consisting of from Landlord approximately 4,646 5,569 rentable square feet commonly known of office space on the ground floor of the west Building, as Suite 500 shown on Exhibit D attached hereto (“Temporary Premises”) and located on the fifth (5th) floor of the Building, commencing on February 1, 2008, and continuing through and including the date which is five (5) business days following the “Lease Commencement Date,” as that term is defined in Article 2, below (the “Temporary Premises Term”), provided that the Premises are not “Substantially Complete,” as that term is defined in Section 5.1 of the Tenant Work Letter, by February 1, 2008. Landlord and Tenant acknowledge that Tenant has been occupying the Temporary Premises pursuant to a sublease agreement. Tenant shall have the right to lease the Temporary Premises from Landlord upon the terms acknowledges and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises). Tenant’s lease of the Temporary Premises shall be upon agrees that all of the terms and conditions of this Third Amendment shall apply to the leasing of the Temporary Premises as if the Temporary Premises were the Premises, except that: (a) the term of the Lease with respect to the Temporary Premises shall be as set forth in the first sentence of this Lease as though the Temporary Premises was the Premises, provided that Section 12; (ib) Tenant shall not make be required to pay any “Alterations,” as that term is defined in Section 8.1base rent for the Temporary Premises, belowbut shall be required to pay Operating Expenses; (c) with respect to the Temporary Premises, Tenant’s Share of Operating Expenses shall be 4.08%, (d) Tenant shall be required to pay for all Utilities provided to the Temporary Premises; (ive) the terms of Article 14 of this Lease Landlord shall be inapplicable to the Temporary Premises, and Tenant shall have no right to Transfer all or any portion of deliver the Temporary Premises to Tenant free of furniture and in broom clean condition but shall not be required to make any “Transferee,” as that term is defined in Section 14.1, below; improvements to the Temporary Premises and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms ; (f) Tenant’s use of the Tenant Work Letter Temporary Premises shall be inapplicable limited to office purposes, (g) notwithstanding anything to the contrary contained in Section 22 of the Lease, Tenant shall not have the right to sublease any portion of the Temporary Premises or assign the Lease with respect to the Temporary Premises, and Landlord (h) Tenant shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises. Tenant hereby acknowledges and agrees that notwithstanding any contrary provision of this Leaseright, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested in leasing the Temporary Premises. In no event shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises to third parties. at Tenant’s failure sole cost and expense, to surrender the Temporary Premises to Landlord within five (5) business days following the Lease Commencement Date shall constitute a holding over by Tenant of paint the Temporary Premises and such tenancy perform other Alterations in the Temporary Premises approved by Landlord, all of which Alterations shall be subject to the terms of Section 12 of the Lease. Tenant acknowledges that Tenant shall be responsible for obtaining all licenses required for Tenant’s occupancy of the Temporary Premises including and conditions set forth in Article 16 for surrendering the Premises as required under the Lease at the end of this Leasethe Temporary Premises Term. Notwithstanding anything to the contrary contained herein, if Landlord’s Delivery of the Second Expansion Premises is delayed by more than 30 days as a result of Tenant delays, commencing on the 31st day of such delay, Tenant shall commence paying Base Rent with respect to the Temporary Premises at the rate of $4.95 per rentable square foot of the Temporary Premises per month through the date that Landlord Delivers the Second Expansion Premises to Tenant.

Temporary Premises. Subject to the terms hereof, Landlord shall, in consideration for Tenant’s entering into this First Amendment, grant Tenant is hereby granted the right to temporarily lease that certain space consisting of approximately 4,646 11,135 rentable square feet of space, commonly known as Suite 500 200 (the “Temporary Premises”) and located in that certain Landlord-owned building located at 00000 Xx Xxxxxx Xxxx (the “Temporary Building”), as set forth more particularly on Exhibit B attached hereto, to Tenant for the fifth (5th) floor conduct of Tenant’s business for the use permitted by the Lease in accordance with the terms of the BuildingLease only. Tenant hereby acknowledges that (x) the Temporary Premises are currently occupied (but not currently in use) by another tenant of the Temporary Building pursuant to a lease term that is scheduled to expire on October 31, commencing on February 1, 20082018, and continuing through (y) while Landlord agrees to use commercially reasonable efforts to secure, and including believes that it shall be able to so secure the date which is five (5) business days following Temporary Premises for Tenant’s use during the “Lease Commencement Date,Temporary Premises Term” (as that term is defined below), if Landlord is nevertheless unable for any reason to deliver possession of the Temporary Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of the Lease or the obligations of Tenant hereunder; provided, however, Landlord covenants (a) not to extend the current lease or enter into a new lease for such Temporary Premises adversely affecting Tenant’s possession of the Temporary Premises during the Temporary Premises Term, and shall use commercially reasonable efforts to deliver possession of the Temporary Premises to Tenant on or before March 1, 2018 in Article 2its presently-existing “as-is” condition (subject to Landlord’s performance of the “Temporary Premises Improvements” (defined below), below and (b) that if Landlord is unable to deliver such Temporary Premises by the Temporary Premises Commencement Date (as defined below), Landlord shall provide Tenant with other reasonably comparable commercial office space reasonably suitable to Tenant of between 11,000 and 20,000 rentable square feet within a two mile radius of the Project. At Landlord’s sole cost and expense, Landlord agrees to (i) apply one (1) coat of Building standard paint to the painted walls, doors, door frames, trim and baseboards of the Temporary Premises as reasonably and mutually agreed upon in the paint colors and specifications reasonably and mutually agreed upon, (ii) install new Building standard carpet in the carpeted areas of the Temporary Premises in the colors and specifications reasonably and mutually agreed upon, and (iii) demolish certain non-structural private offices in the Temporary Premises, as reasonably and mutually agreed upon (collectively, the “Temporary Premises Improvements”). All such Temporary Premises Improvements shall be deemed the property of Landlord and shall be completed to Landlord’s “Building standard” condition, using Building standard methods, materials and procedures to be designated by Landlord. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence on the date upon which Landlord delivers possession of the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), provided and shall terminate on or about November 1, 2018 (the “Temporary Premises Expiration Date”), based on the mutual agreement of Landlord and Tenant such that Tenant may use the Temporary Premises are not during the phased construction of relevant portions of its “Substantially Complete,Improvements” as defined in and to be constructed pursuant to the Work Letter. Notwithstanding the foregoing, if Tenant experiences delays in completing the Improvements due to events of force majeure (as that term is defined in Section 5.1 20.16 of the Tenant Work LetterLease, by February 1but excluding permitting delays), 2008. Landlord and Tenant acknowledge that Tenant has been occupying then the Temporary Premises pursuant to a sublease agreement. Tenant Expiration Date shall have the right to lease the Temporary Premises from Landlord upon the terms and conditions set forth in this Section 1.3 and this Lease. Tenant shall pay 621575.04/WLA B0452-039/11-6-07/sb/sb -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] monthly installments be extended one day for each day of base rent for the Temporary Premises in an amount equal to Thirteen Thousand Four Hundred Seventy-Three and 40/100 Dollars ($13,473.40) (i.e., $2.90 per rentable square foot of the Temporary Premises)such force majeure delays. Tenant’s lease possession of the Temporary Premises shall be upon all of subject to the terms and conditions set forth in this of the Lease as though the such Temporary Premises was the Premises, provided that (iA) Tenant shall not make any “Alterations,” as that term is defined in Section 8.1have no obligation to pay Monthly Rental with respect to the Temporary Premises during the Temporary Premises Term, below(B) Tenant shall nevertheless be responsible for the payment of its pro-rata share of the costs related to operating the HVAC air handlers serving the Temporary Premises, (C) Tenant shall pay directly to the utility company pursuant to the utility company’s separate meters (or to Landlord, to the extent Tenant has not assumed responsibility for the payment to the utility company under such separate meters by the Temporary Premises; Premises Commencement Date), the cost of all electricity provided to and/or consumed in the Temporary Premises during the Temporary Premises Term (ivincluding normal and excess consumption), (D) Tenant shall reimburse Landlord for the terms janitorial costs incurred in connection with its occupancy of Article 14 the Temporary Premises during the Temporary Premises Term (which janitorial costs shall include, but shall not be limited to, night cleaning of this Lease shall be inapplicable to the Temporary Premises, and day xxxxxx service for the Temporary Building), all of which shall be reasonably and equitable determined by Landlord, (E) Tenant shall have no right to Transfer all assign, sublease or any portion of otherwise transfer its interest with respect to the Temporary Premises, (F) except for the Temporary Premises to any “Transferee,” as that term is defined in Section 14.1Improvements, below; and (v) Tenant shall accept the Temporary Premises in its presently existing “as is” condition, the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, subject to Landlord’s ongoing repair and maintenance obligations as and to the extent set forth in the Lease, (G) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlords prior written approval, which approval may be withheld or conditioned in Landlord’s sole discretion, and (H) the terms of the Work Letter shall be inapplicable to the Temporary Premises. Tenant hereby acknowledges shall quit and agrees that notwithstanding any contrary provision surrender possession of this Lease, Landlord shall have the right without prior notice to Tenant to show the Temporary Premises to prospective third parties interested Landlord in leasing as good order and condition as when Tenant took possession (and as thereafter improved by Landlord), reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Temporary Premises all debris, rubbish, phone systems, cabling, wires and lines, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Temporary Premises. In no event , and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall Tenant be entitled repair at its own expense all damage to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by Landlord in connection with Landlord’s right to show the Temporary Premises and Temporary Building resulting from such removal. If Tenant fails to third parties. Tenant’s failure to vacate and surrender the Temporary Premises to Landlord within five on or before the Temporary Premises Expiration Date (5as the same may have been extended due to events of force majeure), Tenant shall be deemed to be holding over in such Temporary Premises and Monthly Rental shall commence to accrue with respect to the Temporary Premises at a monthly rate equal to Five and 00/100 Dollars ($5.00) business days following per rentable square foot of the Lease Commencement Date Temporary Premises; provided, however, nothing contained herein shall constitute a be construed as consent by Landlord to any holding over by Tenant in the Temporary Premises, and Landlord expressly reserves the right to require Tenant to surrender possession of the Temporary Premises and such tenancy shall be subject to Landlord as provided in the Lease upon the terms and conditions set forth in Article 16 of this LeaseFirst Amendment.