Common use of Temporary Premises Clause in Contracts

Temporary Premises. Subject to the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 rentable square feet of space (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to the terms and conditions of this Lease as though such Temporary Premises was the Premises, provided that (A) Tenant shall not be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this Lease.

Temporary Premises. Subject Landlord shall lease to Tenant and Tenant shall lease from Landlord approximately 12,000 square feet located on the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion eastern half of the Premises containing approximately 26,514 rentable square feet second floor of space the Building (the “Temporary Premises”), commonly known as Xxxxx 000, located ) commencing on the fifth floor date that is 1 day after the substantial completion by Landlord of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of TenantLandlord’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises Work (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement as defined below)(“TP Delivery Date”), and shall terminate on May 31continuing until the earlier of: (i) the date that is 30 days after Substantial Completion of the Tenant Improvements within the Premises, 2016 or (ii) the “date this Lease is terminated in accordance with the provisions of Section 2 or any other provision of this Lease. The Temporary Premises Expiration Date”)is more particularly shown on Exhibit G attached hereto. Tenant’s possession Tenant acknowledges and agrees that all of the Temporary Premises shall be subject to the terms and conditions of this Lease as though such shall apply to the leasing of the Temporary Premises was as if the Temporary Premises were the Premises, provided that except that: (Aa) Tenant shall not be obligated to pay Base Rent the term of the lease with respect to the Temporary Premises shall be as set forth in the first sentence of this Section 42; (providedb) commencing on the later of December 1, that if 2009, or the substantial completion of Landlord’s Temporary Premises Work by Landlord (the “TP Rent Commencement Date”), Tenant holds over in shall commence paying Base Rent for the Temporary Premises beyond in the amount of $22,800 per month; (c) Tenant may commence using the Temporary Premises Expiration for the Permitted Use on the TP Delivery Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant but shall not be required to pay Tenant’s Share of Base Rent or Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable prior to the Temporary Premises, including, without limitation, after-hours HVAC charges)TP Rent Commencement Date, (Cd) Tenant shall have no right to assign, sublease or otherwise transfer its interest Tenant’s Share of Operating Expenses for the Building with respect to the Temporary Premises shall be 15.77%; (e) Tenant shall not be required to deliver any Security Deposit in addition to the Security Deposit required to be delivered by Tenant pursuant to this Lease; (f) Landlord shall not be required to make any improvements to the Building or the Temporary Premises other than a Permitted Transferee Assignee, (D) Landlord’s Temporary Premises Work and Tenant shall accept the Building and the Temporary Premises in its existing their then “as is” condition condition; (g) notwithstanding anything to the contrary contained in Section 22, Tenant shall not have the right to sublease any portion of the Temporary Premises or assign the leasing of the Temporary Premises, and Landlord (h) the provisions of Section 39 and 40 shall have no obligation not apply to provide or pay the leasing of the Temporary Premises. Tenant acknowledges that Tenant shall be responsible for improvements obtaining the certificate of occupancy and all licenses required for Tenant’s occupancy of the Temporary Premises including, without limitation, any kind Hazardous Materials-related licenses, and for delivering a Surrender Plan as provided for in this Lease with respect to the Temporary Premises. For the purposes of this Section 42, (E) Tenant shall not make any alterations or improvements to the “Landlord’s Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval Work” shall not be unreasonably withheld, conditioned or delayed, and (F) the terms mean substantial completion of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition improvements described on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this LeaseExhibit H attached hereto.

Temporary Premises. Subject to During the terms hereof, prior to period commencing on the Lease Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shallshall lease to Tenant, in consideration for Tenant’s entering into this Leaseand Tenant shall lease from Landlord, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 rentable square feet of space temporary premises (the “Temporary Premises”), commonly known as Xxxxx 000, ) located on the fifth first (1st) floor of the Xxxxx Street Building, Building comprising approximately 4,845 rentable square feet and known as set forth more particularly Suite 102. The Temporary Premises are depicted on Exhibit A-2 A attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers period commencing on the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), Date and shall terminate ending on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to the terms and conditions of this Lease as though such Temporary Premises was the PremisesTermination Date, provided that (A) Tenant shall not be obligated required to pay Base Rent with respect to its lease of the Temporary Premises Premises, (provided, that if Tenant holds over in ii) with respect to the Temporary Premises beyond the Temporary Premises Expiration DatePremises, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises Building Direct Expenses, and (provided that Tenant iii) no additional parking passes shall be obligated allocated to pay any other amounts Tenant in connection with its lease of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the . The Temporary Premises other than a Permitted Transferee Assignee, (D) are accepted by Tenant shall accept the Temporary Premises in its existing “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to provide make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of any kind with respect to Tenant’s lease of the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to accordance with the terms of Article 16 15 of this the Lease; provided. Notwithstanding the foregoing, howeverif Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, nothing contained herein such occupancy shall be construed as consent on a month-to-month basis until terminated by Landlord either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to any holding over by Tenant in $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises, and Landlord expressly reserves the right to require Tenant to surrender possession of . Tenant’s Share for the Temporary Premises to Landlord as provided in this Lease upon the terms and conditions set forth in this Leaseshall be 3.6152%.

Temporary Premises. Subject (a) Suite 1-150. Upon Landlord’s delivery of exclusive possession of Suite 1-150 to the terms hereof, prior to the Lease Tenant (“Suite 1-150 Commencement Date”) through the Suite 1-150 Surrender Date (as defined below), Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right shall lease certain premises deemed to temporarily lease that certain portion of the Premises containing contain approximately 26,514 8,283 rentable square feet of space (the “Temporary Premises”), commonly and presently known as Xxxxx 000, located Suite 1-150 on the fifth 1st floor of the building known as Building I located at 00000 Xxxx Xxxxxx Xxxxx Street BuildingXxxxxx, Xxxxx 00000 (“Building I”) as set forth more particularly shown on Exhibit A-2 A-3 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises hereto (the “Temporary Premises TermSuite 1-150”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”)on a temporary basis, and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to the surrender of Suite 1-150 by the current occupant, and on the following terms and conditions of this Lease 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 though such Temporary Premises was the Premisesis” condition, provided that (A) Tenant and Landlord shall not be obligated to do any remodeling, renovation, or repair work with respect thereto; (ii) from and after the Xxxxx 0-000 Xxxxxxxxxxxx Xxxx, Xxxxx 0-000 shall be included as a portion of the Premises demised under the Lease, and Tenant’s occupancy shall be subject to all of the terms, covenants, and provisions of the Lease except that Tenant shall pay Base Rent with respect to Landlord based on the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to rental rate of $176,760.00 per month (i.e., $80.00 21.50 per rentable square foot annually)of Suite 1-150, plus Tenant’s Pro Rata Share of Operating Expenses; (Biii) Tenant shall not be required to pay reimburse Landlord for any direct and reasonable expenses incurred by Landlord as a result of Tenant’s use and occupancy of Suite 1-150, and not otherwise included in Tenant’s Pro Rata Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary PremisesExpenses, including, without limitation, aftersignage, keys, wiring, electricity, and janitorial services, within 30 days after receipt of Landlord’s xxxx therefor; (iv) Landlord shall have the right to enter Suite 1-hours HVAC charges), 150 at any time to show the same to prospective tenants upon reasonable advance notice to Tenant; and (Cv) Tenant shall have no right to assignbe deemed the owner of the Premises Personal Property for all purposes from and after January 1, sublease or otherwise transfer its interest with respect 2018. Notwithstanding anything to the Temporary Premises other than a Permitted Transferee Assigneecontrary herein, (D) Tenant shall accept during the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to first 90 days from the Temporary PremisesSuite 1-150 Commencement Date, (E) Tenant shall not make pay any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this LeaseBase Rent, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve will pay Tenant’s requirementsPro Rata Share of Operating Expenses. On or before the Temporary Premises Expiration date (“Suite 1-150 Surrender Date”) that is the day immediately prior to the Suite 2-100 Commencement Date, Tenant shall quit and surrender possession time being of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. Upon such expiration or terminationessence, Tenant shall, without expense to Landlordat Tenant’s sole cost, remove or cause to be removed from the Temporary Premises all debris, rubbish, phone systems, Lines (as that term is defined in Section 29.32 below) installed by Tenant, and such items of relocate any furniture, equipmentfurnishings, business and trade fixtures, free-standing cabinet workequipment (including telecommunication lines and equipment), movable partitions and other articles of personal property owned by of Tenant and the Premises Personal Property from Suite 1-150 to the Premises (or installed or placed by Tenant at its expense otherwise remove such property from Suite 1-150) and surrender Suite 1-150 to Landlord in the Temporary Premisescondition 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, and such similar articles Xxxxx 0-000 shall not be included as a portion of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require the Premises demised pursuant to this Lease but shall continue to be removedsubject to Tenant’s Right of First Refusal as per Exhibit G, and Tenant shall repair at its own expense all damage to Section 2 of the Temporary Premises and Building resulting from such removalCurrent Lease. If Tenant fails to vacate and timely surrender the Temporary Premises possession of Suite 1-150 to Landlord on or before the Temporary Premises Expiration Suite 0-000 Xxxxxxxxx Date, then Tenant shall be deemed a tenant at sufferance with respect to be holding over in Suite 1-150 and the terms and provisions of Sections 10 and 21 of the Current Lease shall apply to such Temporary Premises and space, provided that Tenant shall be subject 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. (b) Notwithstanding anything to the terms contrary herein, Tenant’s right to occupy Suite 1-150 under subsection (a) above is contingent upon the existing tenant of Article 16 of this Lease; providedsuch space surrendering such space by January 15, however, nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant in the Temporary Premises2018, and Landlord expressly reserves will use commercially reasonable efforts to cause same to occur but if such space is not surrendered by such date, Tenant shall have the right to require Tenant to surrender possession of lease another similarly-sized available space in Four Points Centre Buildings I—IV or River Place Corporate Park Buildings I – VII, on the Temporary Premises same terms above as Suite 1-150 in a mutually agreeable location until such time as Suite 1-150 becomes available (but no later than the Suite 2-100 Commencement Date) by providing written notice to Landlord as provided in this Lease upon requesting such space and Tenant shall execute an amendment memorializing the terms and conditions set forth in this Leasesame.

Temporary Premises. Subject Notwithstanding anything to the terms hereof, prior to the Lease Commencement Date, Landlord shall, contrary contained in consideration for Tenant’s entering into this Lease, grant from and after the Lease Date set forth in the Basic Terms, Landlord shall provide to Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 10,858 rentable square feet of temporary space located in Suite 355 on the third floor of the Building (the “Temporary Premises”), commonly known as Xxxxx 000, located on including the fifth floor of right to use the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use existing furniture and cubicles in accordance with the terms of the Lease only. The term of Tenant’s lease of the said Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”)Premises. Tenant’s possession occupancy of the Temporary Premises shall be subject to on the terms and conditions of this Lease as though such the Temporary Premises was were the “Premises” hereunder, provided except that (A) Tenant shall not be obligated have no obligation to pay Base Rent with respect to for the Temporary Premises (provided, that if Tenant holds over except as expressly provided in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (Bfollowing paragraph) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for construct tenant improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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 alterations in the Temporary Premises, Tenant hereby acknowledging and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and agreeing that Tenant shall repair at its own expense all damage to accepts the Temporary Premises and Building resulting from such removalin an “AS IS - WHERE IS” condition. If Tenant fails to vacate the Lease is not terminated in accordance with Section 18.1 of Exhibit C attached hereto and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Dateincorporated herein, Tenant shall be deemed entitled to be holding over in such 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 accordance with Section 18.1 of Exhibit C. Tenant shall be subject entitled to occupy the terms Temporary Premises for a period of Article 16 one hundred twenty (120) days from and after the date of this Lease; provided, however, nothing contained herein shall be construed the Tl Termination Notice (as consent by Landlord to any holding over by Tenant 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, ). The surrender and Landlord expressly reserves the right to require Tenant to surrender possession hold over provisions of Article 15 of this Lease will in all events apply (as though the Temporary Premises to Landlord as provided in this Lease were the “Premises” hereunder) upon the terms and conditions set forth in this Leaseexpiration of the aforementioned one hundred twenty (120) day period.

Temporary Premises. Subject As an accommodation to the terms hereof, prior to the Lease Commencement DateTenant, Landlord shallhereby agrees to allow Tenant to use and occupy on a temporary basis (for the period beginning on February 1, in consideration for 2008 through completion of Tenant’s entering into this LeaseTenant Improvements in the Remaining Premises, grant Tenant but in no event later than May 31, 2008) the right to temporarily lease following space in the Building: (i) that certain premises commonly known as Suite 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 containing comprised of approximately 26,514 3,907 rentable square feet of space (collectively, the “Temporary Premises”), commonly known all as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly shown on Exhibit A-2 “A” attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession use and occupancy of the Temporary Premises shall be subject to on the terms and conditions of this Lease as though such Temporary Premises was the Premises, provided that (A) Tenant shall not be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the same terms and conditions set forth in this the Lease, provided, however, that Tenant shall (a) have no obligation to pay to Landlord any Rent for the Temporary Premises for the period February 1, 2008 through May 31, 2008 (the “Temporary Premises Rent Abatement Period”), and (b) vacate and surrender to Landlord the Temporary Premises in accordance with Section 30.8 of the Original Lease upon completion of the Tenant Improvements in the Remaining Premises, which shall occur no later than May 31, 2008. In the event that Tenant occupies any portion of the Temporary Premises following the 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 shall be billed on a calendar month basis for the period of any holdover), and (2) the provisions of Section 30.10 (Holding Over) shall apply.

Temporary Premises. Subject Commencing on the Expansion Premises Delivery Date and continuing 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 terms hereof, prior Existing Premises pursuant to the Lease Commencement Date(which shall be upon no less than 30 days' prior written notice to Landlord) or (ii) the date the Lease expires or is earlier terminated ("Temporary Premises Term"), Landlord shall, in consideration for Tenant’s entering into this Lease, grant shall lease to Tenant and Tenant shall lease from Landlord the right to temporarily lease Temporary Premises. Tenant acknowledges and agrees that certain portion all of the Premises containing approximately 26,514 rentable square feet of space (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms and conditions of the Lease only. The term of Tenant’s lease shall apply to the leasing of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers as if the Temporary Premises were the Demised Premises, except that: (a) the term of this Lease with respect to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to as set forth in the terms and conditions first sentence of this Lease as though such Temporary Premises was the PremisesSection 9, provided that (Ab) Tenant shall not be obligated to pay Base Basic Annual Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to of $176,760.00 per month (i.e., $80.00 28.00 per rentable square foot annually)of the Temporary Premises per year, subject to annual increases of 3% upon each anniversary of the Expansion Premises Delivery Date, during the Temporary Premises Term, (Bc) Tenant shall not be required to pay Tenant’s 's Proportionate Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant which shall be obligated equal to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges1.63%), (Cd) Tenant Landlord shall have no right not be required to assign, sublease or otherwise transfer its interest with respect make any improvements to the Temporary Premises other than a Permitted Transferee Assignee, (D) and Tenant shall accept the Temporary Premises in its existing “"as is” condition and Landlord " condition, (e) Tenant shall have no obligation right, nor shall Tenant be required, to provide make any Alterations or pay for improvements of any kind with respect to the Temporary Premises, (Ef) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter no additional Security Deposit shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever required for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, (g) Tenant shall be deemed to be holding over in such Temporary Premises and shall be have the right, subject to the terms of Article 16 Section 1.3 of this the original Lease; provided, however, nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant in the Temporary Premises, and Landlord expressly reserves the right use its pro rata share of parking spaces with respect to require Tenant to surrender possession of the Temporary Premises to Landlord (which as provided in this Lease upon of the terms and conditions set forth in this LeaseExpansion Premises Commencement Date shall be 7 spaces).

Temporary Premises. Subject to Commencing upon the terms hereof, prior to Commencement Date and continuing until Tenant first conducts any business in the Lease Commencement DatePremises, Landlord shallshall lease to Tenant and Tenant shall lease from Landlord an office or offices, as determined by Landlord and reasonably approved by Tenant, sufficient to accommodate 3 people in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain either a portion of the Premises containing approximately 26,514 rentable square feet of space 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”), commonly known as Xxxxx 000, located on the fifth floor . Tenant acknowledges and agrees that all of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to the terms and conditions of this Lease as though such shall apply to the leasing of the Temporary Premises was as if the Temporary Premises were the Premises, provided that except that: (Aa) Tenant shall not be obligated to pay Base Rent the term of the lease with respect to the Temporary Premises (provided, that if Tenant holds over shall be as set forth in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month first sentence of this Section 42; (i.e., $80.00 per rentable square foot annually), (Bb) Tenant shall not be required to pay monthly Base Rent for the Temporary Premises but Tenant shall be required to pay Tenant’s Share of Operating Expenses with respect for the Temporary Premises based on the size of the Temporary Premises; (c) the amount of the Security Deposit shall be the amount of the Security Deposit required for the Premises; (d) Landlord shall not be required to make any improvements to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) and Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect condition; (e) notwithstanding anything to the Temporary Premisescontrary contained in Section 22, (E) Tenant shall not make have the right to sublease any alterations or improvements to portion of the Temporary Premises or any portion thereof, without Landlordassign Tenant’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayedright to use the Temporary Premises this Lease, and (Ff) the terms of the Tenant Work Letter shall be inapplicable notwithstanding anything to the Temporary Premises. Landlord contrary contained in this Lease, Tenant shall deliver only be permitted to use the Temporary Premises with the plumbingfor office purposes only and, electrical systemsexcept for Hazardous Materials contained in products customarily used by tenants in de minimis quantities for ordinary cleaning and office purposes, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving Tenant shall not permit or cause any party to bring any Hazardous Material upon the Temporary Premises in good operating condition and repair and or use, store, handle, treat, generate, manufacture, transport, release or dispose of any failure of such systems to be in such condition Hazardous Material in, on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expenseor from the Premises. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and substantially the same condition as when Tenant took possession and as thereafter improved by Landlordreceived, except to the extent of (x) reasonable broom clean, ordinary wear and tear, (y) damage by fire or other casualty that is not tear excepted. Tenant shall be entitled to remove all of Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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 from the Temporary Premises, and such similar articles of including any other persons claiming under Tenantsigns, as Landlord maytrade fixtures, in its reasonable discretionequipment, require to be removedfurniture, etc., and Tenant shall repair at its own expense all be liable to Landlord for any damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall be construed as consent by Landlord to any holding over caused by Tenant in during the Temporary Premises, and Landlord expressly reserves the right to require Tenant to surrender possession removal of the Temporary Premises to Landlord as provided in this Lease upon the terms and conditions set forth in this Leasesuch property.

Temporary Premises. Subject to Upon the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Date of Execution of Lease, grant Tenant may lease and occupy the right to temporarily lease that certain portion of the Premises containing approximately 26,514 rentable square feet of space Temporary Space (the “Temporary Premises”)) for all uses permitted under the Lease, commonly known as Xxxxx 000, located on including but not limited to the fifth floor installation of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises wires and cables to accommodate workstations (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration DateSpace Wiring”). Tenant’s possession lease of the Temporary Premises shall be subject to all of the terms terms, conditions and conditions limitations regarding the Demised Premises as set forth in this Lease, except as follows: (a) The term for Tenant’s lease of this Lease as though such the Temporary Premises was shall be the Premises, provided that period commencing on the Date of Execution of Lease and expiring on the Commencement Date (A“Temporary Premises Term”). (b) The rent for the Temporary Premises shall be $0.00 per rentable square foot of the Temporary Premises during the Temporary Premises Term (“Temporary Premises Rent”). Tenant shall not be obligated to pay Base any Additional Rent (as defined below) in connection with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share lease of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), . (Cc) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, agrees that (Di) Tenant shall accept the Temporary Premises in its existing current “as as-is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premisescondition, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. except Landlord shall deliver the Temporary Premises to Tenant in broom-clean condition, with carpet, ceiling installed and a single power pole providing electricity to 4 to 6 work stations, (ii) Except for the plumbingcarpet and ceiling, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery Landlord shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling required to construct any improvements in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender (iii) Landlord has not made any representation or warranty regarding the Temporary Premises to Landlord on or before its suitability for the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms conduct of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this LeaseTenant’s business.

Temporary Premises. Subject Landlord hereby leases to Tenant and Tenant hereby hires from Landlord those certain premises on the terms 2nd floor of the Building (Suite 230) identified on Exhibit D attached hereto and made a part hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 comprising 2,330 rentable square feet of space (the “"Temporary Premises”"), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to the terms and conditions of this Lease as though such Temporary Premises was the Premises, provided that (A) Tenant shall not be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the same terms and conditions set forth in this the Lease except as specifically set forth herein. The lease term for the Temporary Premises shall commence as of the full execution and delivery hereof and continue until the 25th Floor the Commencement Date or the 20th Floor Commencement Date, whichever is earlier. Tenant shall pay rent equal to $85.00 per rentable square foot of the Temporary Premises per year, which shall be equal to an annual rent of $198,050.OO and a monthly rent of $16,504.17 per month. Such rent shall be payable commencing as of the commencement of the term for the Temporary Premises and thereafter on or before the first day of each month during the remaining term for such space. The rent shall be prorated for any partial months involved. Tenant further acknowledges and agrees that it is leasing the Temporary Premises in its present and "as is" condition and that Landlord is not responsible for making any repairs or improvements thereto or for providing Tenant with any allowance for the repair, improvement or refurbishment thereof. The Temporary Premises shall be used for general office use only and for no other purpose, and Tenant's use thereof shall otherwise comply with the restrictions and requirements set forth in the Lease. Notwithstanding anything to the contrary herein, Tenant's leasing of the Temporary Premises as set forth herein shall terminate if the Lease is terminated for any reason.

Temporary Premises. Subject 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 the terms hereof, prior to the Lease Commencement DateTenant, Landlord shall, in consideration for Tenant’s entering into this Lease, grant shall lease to Tenant the right to temporarily and Tenant shall lease that certain portion of the Premises containing from Landlord approximately 26,514 5,569 rentable square feet of office space on the ground floor of the west Building, as shown on Exhibit D attached hereto (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor . Tenant acknowledges and agrees that all of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for terms and conditions of this Third Amendment shall apply to the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease leasing of the Temporary Premises (as if the “Temporary Premises Term”were the Premises, except that: (a) the term of the Lease with respect to the Temporary Premises shall commence upon be as set forth in the date upon which first sentence of this Section 12; (b) Tenant shall not be required to pay any base rent for the Temporary Premises, but 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; (e) Landlord delivers shall deliver the Temporary Premises to Tenant (free of furniture and in broom clean condition but shall not be required to make any improvements to the “Temporary Premises Commencement Date”), and Tenant shall terminate on May 31, 2016 (accept the “Temporary Premises Expiration Date”). in its “as is” condition; (f) Tenant’s possession use of the Temporary Premises shall be 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 (h) Tenant shall have right, at Tenant’s sole cost and expense, to paint the Temporary Premises and perform other Alterations in the Temporary Premises approved by Landlord, all of which Alterations shall be subject to the terms and conditions of this Lease as though such 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 was including and for surrendering the PremisesPremises as required under the Lease at the end of the Temporary Premises Term. Notwithstanding anything to the contrary contained herein, provided that (A) 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 not be obligated to pay commence paying Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in at the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to rate of $176,760.00 per month (i.e., $80.00 4.95 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to per month through the date that Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to Delivers the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Second Expansion Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this LeaseTenant.

Temporary Premises. Subject to Tenant shall occupy the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 rentable square feet of space (the following “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to the terms and conditions of this Lease as though such Temporary Premises was the Premises, provided that (A) Tenant shall not be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this LeaseParagraph 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 Suite 2000 in the Building, stipulated to contain 9,664 leasable square feet (“Suite 2000”). Tenant has inspected the Temporary Premises and accepts the Temporary Premises in AS-IS condition. Tenant shall be permitted to occupy the Temporary Premises 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 Paragraph 14 hereof, Tenant shall not be required to pay Fixed Annual Rent or its Proportionate Share for the Temporary Premises unless Tenant fails to vacate the Temporary Premises on or before the “Temporary Premises Expiration Date”, namely nine (9) months following receipt of the 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 the Termination Notice. In the event that Landlord enters into a lease with a third party tenant for Sxxxx 000 xx Xxxxx 000, then Landlord may relocate Tenant’s temporary use for such portion (s) of the Temporary Premises to other comparable vacant premises in the Building. Landlord shall not, however, be permitted to relocate Tenant’s use of Suite 2000 as a portion of the Temporary Premises. In the event that Tenant requires additional temporary premises prior to Tenant’s occupancy of the Second Amendment Expansion Space and has not tendered the Termination Notice, Landlord will reasonably endeavor to accommodate such requirement.

Temporary Premises. Subject to In the terms hereof, prior to event that Landlord does not Substantially Complete Landlord’s Work on or before the Lease Commencement Outside Completion Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant shall provide Tenant with a license to use the right to temporarily lease that certain portion of the Premises containing approximately 26,514 rentable square feet of space (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises Such license shall be subject to all of the terms terms, covenants and conditions of this Lease as though such Temporary Premises was the PremisesLease, provided except that (A) Tenant shall not be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Base Rent and Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises; provided, (E) however, that Tenant shall not make be liable for the cost of any alterations or improvements utilities and services that are provided to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable with respect to the Temporary Premises. Landlord All other non-economic terms of this Lease shall deliver apply, subject to the following additional terms and conditions: 40.1 The Temporary Premises shall be provided on an “as is,” “where-is,” and “with all faults” basis. By taking possession of the Temporary Premises, Tenant is deemed to have accepted the Temporary Premises and agreed that the Temporary Premises are in good order and satisfactory condition, with no representations or warranties of any kind or nature, expressed or implied, by Landlord as to the condition of the Temporary Premises, the Building, the Property, or the suitability thereof for Tenant’s use. 40.2 If, within ten (10) days after Landlord has notified Tenant that Landlord’s Work is Substantially Complete, Tenant fails to surrender the Temporary Premises (or any portion thereof) in accordance with the plumbingprovisions of this Lease, electrical systemsincluding, fire sprinkler systemwithout limitation Section 35 (Surrender of Premises), lightingTenant shall pay Landlord (a) as liquidated damages for such holding over alone, air conditioning an amount, calculated on a per diem basis for each day of such unlawful retention, equal to the greater of 200% of (i) the then-current Annual Base Rent (which shall be calculated at the rate of $23.00 per RSF based on 2,426 RSF), or (ii) the fair market rental for the Temporary Premises, for the time Tenant thus remains in possession, plus, in each case, all Additional Rent and heating systems other sums payable hereunder, and (b) all other damages, costs and expenses sustained by Landlord by reason of Tenant’s holding over. Without limiting any rights and remedies of Landlord resulting by reason of the wrongful holding over by Tenant, or creating any right in Tenant to continue in possession of the Temporary Premises, all Tenant’s obligations with respect to the use, occupancy and maintenance of the Temporary Premises shall continue during such period of unlawful retention. To the maximum extent enforceable by law, Tenant covenants and agrees to exonerate, indemnify, defend, protect and save Landlord, Landlord’s Agents and Landlord’s Insured Parties harmless from and against any and all other Building systems serving claims, demands, expenses, losses, suits and damages (including reasonable attorneys’ fees) as may be occasioned by reason of Tenant’s holding over, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. The provisions of this Section 40.2 shall survive the expiration or earlier termination of this Lease. 40.3 Tenant agrees to keep the Temporary Premises in good operating order, condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Leaserepair, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) excepting only reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenantand condemnation, and such items of furniture, equipment, business shall indemnify Landlord against any 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and or the Building resulting arising from such removal. If Tenant fails to vacate and surrender Tenant’s use of the Temporary Premises Premises. Tenant agrees not to Landlord on make any alterations, additions, improvements or before the Temporary Premises Expiration Date, Tenant shall be deemed other changes in or to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant in the Temporary Premises, other than the installation of typical office decorations and Landlord expressly reserves furnishings which are not affixed to the right to require realty, without the prior written consent of Landlord. 40.4 Tenant to surrender shall, at all times during the period that Tenant is in possession of the Temporary Premises to Landlord as provided (or any portion thereof), procure and maintain at its sole cost and expense insurance in this Lease upon the terms and conditions set forth in accordance with Section 15 (Insurance) of this Lease. 40.5 Tenant may not assign, mortgage, pledge, encumber or otherwise transfer its interest or rights under Section 40, and any such purported transfer or attempted transfer shall be null and void and without effect, shall terminate Tenant’s rights under Section 40, and shall constitute an Event of Default under this Lease. 40.6 It is understood that Tenant’s rights under Section 40 in no way constitute a tenancy, and that nothing herein shall be constituted to create in whole or in part, expressly or by implication, an estate or interest in land. 40.7 If Tenant fails to perform any obligation hereunder, Landlord shall have all rights and remedies available at law or equity after giving Tenant written notice of such default.

Temporary Premises. Subject to the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this LeaseFirst Amendment, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 11,135 rentable square feet of space space, commonly known as Suite 200 (the “Temporary Premises”) located in that certain Landlord-owned building located at 00000 Xx Xxxxxx Xxxx (the “Temporary Building”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 B attached hereto, to Tenant for the conduct of Tenant’s business for the Permitted Use use permitted by the Lease in accordance with the terms of the Lease 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, 2018, and (y) while Landlord agrees to use commercially reasonable efforts to secure, and believes that it shall be able to so secure the Temporary Premises for Tenant’s use during the “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 its presently-existing “as-is” condition (subject to Landlord’s performance of the “Temporary Premises Improvements” (defined 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 upon on the date upon which Landlord delivers possession of the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31or about November 1, 2016 2018 (the “Temporary Premises Expiration Date”), based on the mutual agreement of Landlord and Tenant such that Tenant may use the Temporary Premises during the phased construction of relevant portions of its “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 20.16 of the Lease, but excluding permitting delays), then the Temporary Premises Expiration Date shall be extended one day for each day of such force majeure delays. Tenant’s possession of the Temporary Premises shall be subject to the terms and conditions of this the Lease as though such Temporary Premises was the Premises, provided that (A) Tenant shall not be obligated have no obligation to pay Base Rent Monthly Rental with respect to the Temporary Premises (provided, that if Tenant holds over in during the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually)Term, (B) Tenant shall not nevertheless be required responsible for the payment of its pro-rata share of the costs related to pay Tenant’s Share of Operating Expenses with respect to operating the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to HVAC air handlers serving the Temporary Premises, including(C) Tenant shall pay directly to the utility company pursuant to the utility company’s separate meters (or to Landlord, without limitationto the extent Tenant has not assumed responsibility for the payment to the utility company under such separate meters by the Temporary Premises Commencement Date), after-hours HVAC chargesthe cost of all electricity provided to and/or consumed in the Temporary Premises during the Temporary Premises Term (including normal and excess consumption), (CD) Tenant shall reimburse Landlord for the janitorial costs incurred in connection with its occupancy of the Temporary Premises during the Temporary Premises Term (which janitorial costs shall include, but shall not be limited to, night cleaning of 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 assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee AssigneePremises, (DF) except for the Temporary Premises Improvements, Tenant shall accept the Temporary Premises in its existing “as is” 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, (EG) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s Landlords prior written approval, which approval shall not may be unreasonably withheld, withheld or conditioned or delayedin Landlord’s sole discretion, and (FH) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession (and as thereafter improved by Landlord), except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) tear and repairs which are specifically made the responsibility of Landlord hereunderhereunder 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, Lines (as that term is defined in Section 29.32 below) installed by Tenantcabling, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Temporary Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration DateDate (as 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 be subject commence to accrue with respect to the terms Temporary Premises at a monthly rate equal to Five and 00/100 Dollars ($5.00) per rentable square foot of Article 16 of this Leasethe Temporary Premises; provided, however, nothing contained herein shall 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 to Landlord as provided in this the Lease upon the terms and conditions set forth in this LeaseFirst Amendment.

Temporary Premises. (a) Subject to the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 rentable square feet of space (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to the terms and conditions of this Lease as though the Lease, excepting Monthly Base Rent, Tenant shall have right to use Suite 1450 ("Temporary Premises") consisting of approximately 1,471 rentable square feet effective October 6, 1997 through such Temporary Premises was date that Landlord delivers the Premises, provided that (A) as defined in the Lease, to Tenant in accordance with Exhibit C attached thereto. Tenant shall not be obligated to pay Landlord the amount of $4,167.83 as Monthly Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share for its use of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and . Landlord shall have no obligation to provide alter or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to remodel the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving to Tenant in its "as is" condition. Tenant shall occupy the Temporary Premises under all other terms and conditions contained in good operating condition the Lease. Notwithstanding the above, Landlord shall have the right to terminate this Lease in connection with Suite 1450 should Landlord not deliver the Premises to Tenant as of December 1, 1997. If the Premises is not delivered to Tenant by January 1, 1998, Tenant shall have the right to terminate this Lease by providing Landlord with five (5) days prior written notice. In such event, Landlord shall incur no liability and repair shall return all monies paid by Tenant in connection with the Premises (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 1. The sidewalks, halls, passages, exits, entrances, shopping malls, elevators, escalators and any failure stairways of such systems to be in such condition on delivery the Building shall not be a default under this Leaseobstructed by any of the tenants or used by them for any purpose other than for ingress to and egress from their respective premises. The halls, but passages, exits, entrances, shopping malls, elevators, escalators and stairways are not for the general public and Landlord shall in all cases retain the right to control and prevent access thereto of all persons whose presence in the judgment of Landlord would be prejudicial to the safety, character, reputation and interests of the Building and its tenants, provided that nothing herein contained shall be promptly remedied by Landlord at Landlord’s sole cost construed to prevent such access to persons with whom any tenant normally deals in the ordinary course of its business, unless such persons are engaged in illegal activities. No tenant and expenseno employee or invitee of any tenant shall go upon the roof of the Building. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no the right at any time without the same constituting an actual or constructive eviction and without incurring any liability whatsoever for to Tenant therefor to change the condition arrangement and/or location of entrances or passageways, doors or doorways, corridor, elevators, stairs, toilets or other common areas of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this LeaseBuilding.

Temporary Premises. Subject (a) Prior to the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant shall use commercially reasonable efforts to make available to Tenant the right up to temporarily lease that certain portion of the Premises containing approximately 26,514 12,000 rentable square feet of space temporary premises (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to located either in the terms Building and/or in other buildings located in Emeryville or Berkeley owned by entities affiliated with Landlord and conditions may be located in one or more of such buildings. Notwithstanding the foregoing or any other provision of this Lease as though Section 2.2, Landlord makes no representation or promise that any such Temporary Premises was will be available at any time for Tenant’s use. (b) Within thirty (30) days after the PremisesDate of Lease, provided that (A) Tenant shall not be obligated to pay Base Rent with respect notify Landlord as to the amount of any laboratory Temporary Premises which it believes it will require, and thereafter Landlord and Tenant shall cooperate reasonably with each other and in good faith to address, within ten (10) days after Landlord’s receipt of such notice from Tenant, Tenant’s needs for laboratory Temporary Premises (providedincluding, that if without limitation, identifying the location of the laboratory Temporary Premises, the delivery date for the laboratory Temporary Premises, and the Base Rent for the laboratory Temporary Premises (subject to Section 2.2(d) below)). Landlord shall have no obligation hereunder to provide, and Tenant holds over in shall have no obligation hereunder to lease, any Temporary Premises (either laboratory space or Office Space) unless any such Temporary Premises are available and the terms thereof are mutually acceptable to Landlord and Tenant. (c) As part of the Temporary Premises beyond Premises, a suite of office space with cubicle office furniture in place may be available for lease in EmeryStation North, Xxxxx Station or Heritage Square (the “Office Space”). If available, such Office Space may be leased by Tenant at the rate of $2.75 fully serviced per rentable square foot per month. Landlord will notify Tenant from time to time during the period from the Date of Lease until January 31, 2008, of any then-available Office Space containing a minimum of 2,000 rentable square feet, and Tenant shall have ten (10) business days after receipt of such notice to elect to lease such Office Space at the rental rate set forth in this Section 2.2(c) and on the other terms of this Section 2.2 applicable to Office Space. (d) The Monthly Base Rent for any laboratory Temporary Premises Expiration Date, then Base Rent shall be deemed equal to be the lesser of (i) an amount equal to $176,760.00 per month (i.e., $80.00 3.47 per rentable square foot annually)of such laboratory Temporary Premises, or (Bii) the fair market rental value of such laboratory Temporary Premises, as reasonably determined by Landlord and Tenant prior to the occupancy of such laboratory Temporary Premises. In addition to Monthly Base Rent, Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect and Taxes for the applicable building(s) in which the laboratory Temporary Premises are located, based on the ratio of the rentable square feet of the laboratory Temporary Premises in the applicable building to the total rentable square feet in the applicable building. (e) The Temporary Premises (provided that Tenant as built out for laboratory use or office space, as applicable) shall be obligated delivered to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide perform any tenant improvements or pay for improvements of any kind with respect to other alterations in the Temporary Premises, . (Ef) Tenant shall not make any alterations or improvements to the The Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayedsolely for use by Tenant, and (F) the terms Tenant’s occupancy of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition subject to all of the existing cabling terms and Landlord makes no warranties as conditions of this Lease (to the suitability extent applicable), and Tenant shall provide evidence of the existing cabling insurance coverage required hereunder prior to serve Tenant’s requirements. On or before occupying any portion of the Temporary Premises Expiration Premises. (g) Within thirty (30) days after the Commencement Date, Tenant shall quit surrender and surrender possession of vacate the Temporary Premises in substantially the same condition in which the Temporary Premises were delivered to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by LandlordTenant, except subject to the extent of (x) reasonable ordinary wear and tear, (y) damage by fire or other casualty that is not Tenantcasualty, condemnation and Landlord’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removalobligations. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Dateshall not so vacate, Tenant shall be deemed a holdover tenant with respect to be holding over in such the Temporary Premises and shall be subject to the terms of Article 16 13 of this Lease; provided. (h) Notwithstanding anything to the contrary in this Section 2.2, howeverif, nothing contained herein shall be construed as consent by despite Landlord’s commercially reasonable efforts to deliver such space, Landlord fails to any holding over by Tenant in the Temporary Premises, and Landlord expressly reserves the right to require Tenant to surrender deliver exclusive possession of an increment of the Temporary Premises (including any laboratory space or Office Space) which Tenant has elected to lease pursuant to this Section 2.2 by the delivery date therefor agreed to by Landlord as provided in this Lease upon and Tenant, Tenant shall have the terms right to rescind its election to lease such increment of Temporary Premises and conditions set forth in this Leaseshall have no further obligation with respect thereto.

Temporary Premises. Subject to the terms hereofCommencing on March 1, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 rentable square feet of space 2020 (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and continuing until February 28, 2021 (“Temporary Premises Term”), Landlord shall terminate lease to Tenant and Tenant shall lease from Landlord that portion of the 10578 Building, containing approximately 11,749 rentable square feet, as shown on May 31, 2016 Exhibit A attached to this First Amendment (the “Temporary Premises Expiration DatePremises”). Tenant’s possession Tenant acknowledges and agrees that all of the Temporary Premises shall be subject to the terms and conditions of this the Lease as though such shall apply to the leasing of the Temporary Premises was as if the Temporary Premises were the Premises, provided that except that: (Aa) Tenant shall not be obligated to pay Base Rent the term of the lease with respect to the Temporary Premises shall be as set forth in the first sentence of this Section 1; (provided, that if Tenant holds over in b) commencing on the Temporary Premises beyond Commencement Date, Tenant shall be required to pay Base Rent to Landlord on the first day of each month of the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an Term in the amount equal to of $176,760.00 per month (i.e., $80.00 60.00 per rentable square foot annuallyof the Temporary Premises per year on a triple net basis (which amount shall not be subject to adjustment during the Temporary Premises Term), (Bc) commencing on the Temporary Premises Commencement Date, Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest 10578 Building with respect to the Temporary Premises other than a Permitted Transferee Assignee(which shall be equal to 7.99%) and separately metered Utilities provided to the Temporary Premises, (Dd) 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 improvements to the Temporary Premises and Tenant shall accept the Temporary Premises in its existing “as is” condition condition; (f) subject to the terms and Landlord conditions of Section 10 of the Lease, Tenant shall have no obligation the right during the Temporary Premises Term, in common with other tenants and occupants of the Project, to provide or pay for improvements use 2.5 parking spaces per 1,000 rentable square feet of any kind with respect to the Temporary Premises, which parking spaces shall be located in those areas designated for non-reserved parking, (Eg) Tenant shall not make any alterations or improvements 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 Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms contrary contained in Section 12 of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord Tenant shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as right to the suitability of the existing cabling to serve Tenant’s requirements. On construct any Alterations or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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 improvements in the Temporary Premises, and such similar articles (i) interior signs on doors and the directory tablet of any other persons claiming under the 10578 Building shall be inscribed, painted or affixed for Tenant by Landlord at the sole cost and expense of Tenant, as Landlord mayand shall be of a size, in its reasonable discretioncolor and type acceptable to Landlord, require to be removed, and but Tenant shall repair at its own expense 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 damage 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 and Building resulting from such removal. If Tenant fails to vacate and surrender at the expiration or earlier termination of the Temporary Premises to Landlord on or before Term. During the Temporary Premises Expiration DateTerm, Tenant shall be deemed have the right to be holding over in such 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 subject 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 Article 16 Section 12 of this the Lease; provided, however, nothing contained herein shall be construed as consent by Landlord that, prior to any holding over by Tenant in the Temporary Premises, and Landlord expressly reserves the right to require Tenant to surrender possession 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 Landlord its condition as provided of the Commencement Date (as defined in this Lease upon the terms and conditions set forth in this LeaseLicense Agreement) of the License Agreement.

Temporary Premises. Subject Sublandlord hereby sublets to the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 Subtenant and Subtenant hereby sublets from Sublandlord 29,000 rentable square feet of space on the first floor of the Building, as shown on Exhibit A-4 attached hereto and made a part hereof (the “Temporary Premises”), commonly known as Xxxxx 000, located ) for a term commencing on the fifth floor Effective Date and expiring on the last day of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for month during which the conduct of Tenant’s business for the Permitted Use in accordance with the terms first anniversary of the Lease onlyEffective Date occurs. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of Rent for the Temporary Premises shall be subject to at the terms and conditions rate of this Lease as though such Temporary Premises was One Hundred Forty Five Thousand Dollars ($145,000) per annum, payable, in advance, in equal monthly installments on the Premisesfirst day of each calendar month, provided except that (A) Tenant shall not be obligated to pay Base Rent with respect to rent for the Temporary Premises (provided, that if Tenant holds over in period from the Temporary Premises beyond Effective Date through the Temporary Premises Expiration Date, then Base Rent last day of the month during which the Effective Date occurs shall be deemed to be an amount equal to $176,760.00 per month paid within three (i.e., $80.00 per rentable square foot annually), (B3) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to days following the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant Effective Date. Subtenant shall accept the Temporary Premises in its existing “as is” condition as of the date hereof, subject to reasonable wear and tear between the date hereof and the Effective Date. To the extent Sublandlord receives such sums from Landlord under the Master Lease, Sublandlord shall pay to Subtenant, as a tenant improvement allowance, the sum of One Hundred Forty Five Thousand Dollars ($145,000) payable in twelve (12) equal monthly installments on the first day of each calendar month commencing on the first day of the calendar month following the calendar month during which the Effective Date occurs. If and to the extent that Sublandlord fails to pay to Subtenant any portion of the tenant improvement allowance payable pursuant to this Section 45, Subtenant shall have no obligation the right to provide or pay offset such unpaid tenant improvement allowance against rent for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. In the event that Landlord shall deliver terminates the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession lease of the Temporary Premises Space to Landlord in Sublandlord, the subleasing of the Temporary Space to Subtenant shall automatically be terminated effective as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except of the day preceding the effective date of the termination of the lease of the Temporary Space. Except to the extent of (x) reasonable wear and tearotherwise specifically provided in this Section 45, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 subleasing of the Temporary Premises to Landlord as provided in this Lease Space is upon the terms same terms, covenants and conditions as are set forth in this LeaseSublease.

Temporary Premises. Subject to the terms hereof, prior to the Lease Commencement DateWithin thirty (30) days following Landlord's receipt of a written request by Tenant, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing shall make approximately 26,514 rentable five thousand (5,000) square feet of space Rentable Area in the Project available for use by Tenant as a temporary premises (the “"Temporary Premises”)") while Tenant undertakes certain Alterations to the Premises. Tenant shall make such request, commonly known as Xxxxx 000if at all, located on within forty-five (45) days following the fifth floor parties' full execution of this Amendment. If Tenant makes such a request within the Xxxxx Street Buildingtime provided in this Paragraph 7, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease then Landlord shall permit Tenant to make use of the Temporary Premises for a period not to exceed one hundred eight (the “Temporary Premises Term”180) shall commence upon days (measured from the date upon which Landlord delivers makes the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”Space available for Tenant's use), free from the Payment of Base Rent and shall terminate on May 31Escalation Rent (for the Temporary Space only), 2016 (but subject to all of the “Temporary Premises Expiration Date”)other terms and conditions contained in the Lease. Tenant’s possession The actual location of the Temporary Premises shall be subject to the terms determined by Landlord, in its sole and conditions of this Lease as though such Temporary Premises was the Premises, provided that (A) Tenant absolute discretion. Landlord shall not be obligated in default under the Lease if Landlord is unable to pay Base Rent with respect to the make Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed available for Tenant's use. If Landlord is not able to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the tender Temporary Premises to Tenant within thirty (30) days following Tenant's timely request therefor, then Tenant's sole remedy shall be the right to cancel this Amendment by written notice received by Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to within ten (10) days following the extent expiration of such thirty (x30) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunderday period. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over 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, then (i) the Lease shall remain in such Temporary Premises full force and effect, as if the parties had never entered into this Amendment, and (ii) Tenant shall be subject promptly return to Landlord any portion of the terms of Article 16 of this Lease; provided, however, nothing contained herein shall be construed as consent Improvement Allowance previously disbursed by Landlord to any holding over (including disbursements by Tenant in the Temporary Premises, and Landlord expressly reserves the right to require Tenant to surrender possession of the Temporary Premises to Landlord as provided in this Lease upon the terms and conditions set forth in this Leaseapplication against Base Rent and/or Escalation Rent).

Temporary Premises. Subject If: (1) the Landlord Work (as defined in Exhibit B attached hereto) is or will be materially disruptive to the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for conduct of Tenant’s entering into this Leasebusiness in the Premises, grant and (2) Tenant has delivered the right final approved Plans (as defined in Exhibit B attached hereto) to temporarily lease that certain portion 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 selected by Landlord (in Landlord’s reasonable discretion) on the 2nd, 4th or 6th floors of the Premises containing approximately 26,514 rentable square feet of space Building (the “Temporary Premises”). At any time after Tenant has delivered the final approved Plans and subject to the conditions in the previous sentence, commonly known 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 Xxxxx 000the Temporary Premises, located and Landlord shall make reasonable efforts to provide such space on the fifth 6th floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for . Tenant may occupy the conduct of Tenant’s business for Temporary Premises by providing Landlord with written notice within 5 days after the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease date 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 (as determined by Landlord in Landlord’s reasonable discretion) Landlord’s Work (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to the terms and conditions of this Lease as though such Temporary Premises was the Premises, provided that (A) Tenant shall not be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition condition, and Landlord shall have no obligation to provide any improvement allowance, leasehold improvements, or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable other work to the Temporary Premises. Landlord shall deliver During the Temporary Premises with the plumbingTerm, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving Tenant shall occupy the Temporary Premises in good operating condition under all terms and repair and any failure provisions of such systems to be in such condition on delivery shall not be a default under 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 be promptly remedied by Landlord have the right to relocate Tenant from the Temporary Premises to another space substantially similar to the Temporary Premises (the “Relocation Temporary Premises”) at Landlord’s sole cost and expense. In additionAfter such relocation, the Relocation Temporary Premises shall be delivered with considered the existing cabling in place, provided Landlord shall have no liability whatsoever “Temporary Premises” for the condition purposes of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before this Section I.B. During the Temporary Premises Expiration DateTerm, Tenant shall quit continue to pay Base Rent and surrender possession of Additional Rent for the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject pursuant to the terms of Article 16 of the Lease and this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this LeaseAmendment.

Temporary Premises. Subject As an accommodation to Tenant, Tenant shall have the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the exclusive right to temporarily lease that certain portion use temporarily, and Landlord will provide to Tenant on a temporary basis, Suites 350 and 390, consisting of the Premises containing approximately 26,514 rentable 8,503 square feet of space Rentable Area, and located on the 3rd floor within the building located at 5000 XXX Xxxxxxx, Xxxxxx, Xxxxx 00000, as more particularly shown on the attached Exhibit L (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, ) for the conduct purpose of storing Tenant’s business for the Permitted Use in accordance with the terms of the Lease onlyfurniture. The term Temporary Premises shall be made available to Tenant promptly after the Possession Date, on an “AS IS, WHERE IS” basis, and Landlord shall have no obligation to refurbish or make any improvements or alterations of Tenant’s lease of any nature in the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”)or provide any improvement allowance with respect thereto. Tenant’s possession 's lease of the Temporary Premises shall be on and subject to all of the terms and conditions of this Lease as though such Temporary Premises was the PremisesLease, provided except that (Aa) Tenant shall not be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of or Additional Rent applicable to or Electrical Costs for the Temporary Premises, including, without limitation, provided Tenant shall be responsible for paying the costs of any after-hours HVAC charges), or other additional services pursuant to this Lease; (Cb) Tenant shall have no right to assign, sublease renew or otherwise transfer its interest with respect to extend the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind Lease Term with respect to the Temporary Premises, ; (Ec) Tenant shall not make any alterations Alterations to the Temporary Premises without the consent of Landlord; (d) furnishings and equipment may be installed in the Temporary Premises provided such items may be removed without injury or improvements damage to the Temporary Premises; (e) Tenant shall be expressly prohibited from assigning or subleasing any or all of the Temporary Premises or any portion thereofinterest therein; (f) Tenant shall permit Landlord or its agents, without at any time, with reasonable prior notice to Tenant or charge therefor to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, to enter the Temporary Premises to exhibit the same to prospective tenants; and (Fg) Tenant further agrees to cooperate with Landlord in connection with Landlord'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 terms operation of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver Tenant's rights in this Paragraph 20(ss) to use the Temporary Premises with shall terminate on, and Tenant shall vacate the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving Temporary Premises no later than five business days after the Commencement Date. Tenant's failure to surrender the Temporary Premises in good operating condition and repair and any failure accordance with the terms of such systems to be in such condition this Lease on delivery shall not be a default under this Lease, but or before the fifth business day after the Commencement Date for the Premises shall be promptly remedied by subject to the holdover provisions of Paragraph 20(f). Notwithstanding the foregoing provisions of this Paragraph 20(ss), upon thirty (30) days prior written notice to Tenant, Landlord may relocate the Temporary Premises to other space in the Centre at LandlordTenant’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to pay any amounts incurred by Landlord in as good order and condition as when Tenant took possession and as thereafter improved by connection therewith within thirty (30) days following Landlord, except to the extent ’s delivery of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this Leasean invoice therefor.

Temporary Premises. Subject to Commencing on June 11, 2004, and continuing until the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion Delivery of the Premises containing approximately 26,514 rentable square feet of space (or until the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use Lease is terminated by Tenant in accordance with the terms provisions of Section 2, Landlord shall lease to Tenant and Tenant shall lease from Landlord approximately 10,017 square feet located in the west wing on the second floor of the Lease only. The term of Tenant’s lease of building at the Temporary Premises Project known as 2450 Bayshore Parkway (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration DateInitial Premises”). Tenant’s possession The Initial Premises is more particularly shown on Exhibit H attached hereto. Tenant acknowledges and agrees that all of the Temporary Premises shall be subject to the terms and conditions of this Lease shall apply to the leasing of the Initial Premises as though such Temporary if the Initial Premises was were the Premises, provided that except that: (Aa) Tenant shall not be obligated to pay Base Rent the term of the lease with respect to the Temporary Initial Premises (provided, that if Tenant holds over shall be as set forth in the Temporary Premises beyond the Temporary Premises Expiration Date, then first sentence of this Section 40; (b) monthly Base Rent for the Initial Premises shall be deemed $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 be an amount equal make any improvements to $176,760.00 per month the Initial Premises and Tenant shall accept the Initial Premises in its as is” condition; (i.e.f) notwithstanding anything to the contrary contained in Section 22, $80.00 per rentable square foot annually)Tenant shall not have the right to sublease any portion of the Initial Premises or assign this Lease; and (g) 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, (B) Tenant shall not be required to pay Tenant’s Share monthly Base Rent for the first month of Operating Expenses the term of the lease with respect to the Temporary Premises (provided Initial Premises. Tenant acknowledges that Tenant shall be obligated to pay any other amounts responsible for obtaining the certificate of Additional Rent applicable to occupancy and all licenses required for Tenant’s occupancy of the Temporary Premises, Initial Premises including, without limitation, afterany Hazardous Materials-hours HVAC charges)related licenses. Notwithstanding anything to the contrary contained in this paragraph, (C) following Delivery of the Premises, Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord mayoption, in its reasonable discretion, require addition to be removed, and Tenant shall repair at its own expense all damage to leasing the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject pursuant to the terms of Article 16 of this Lease; provided, howeverto continue to lease the Initial Premises until December 31, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this Lease2004.

Temporary Premises. Subject 40.01. Tenant shall be permitted to occupy temporarily the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion entire rentable area of the Premises containing approximately 26,514 rentable square feet of space seventeenth (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth 17th) floor of the Xxxxx Street Building, Building shown on the floor plan annexed hereto as set forth more particularly on Exhibit A-2 attached hereto, I (the "Temporary Premises") for the conduct period commencing as of Tenant’s business for December 13, 1999 and terminating on the Permitted Use in accordance with the terms of the Lease onlyFinal Commencement Date. The term of Tenant’s lease of Tenant acknowledges and agrees that the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”)contains 16,368 rentable square feet. Tenant’s possession 's occupancy of the Temporary Premises shall be subject to upon all of the following terms and conditions of this Lease as though such conditions: a. Tenant has examined and agrees to accept the Temporary Premises was in their condition existing as of the Premisesdate same are made available for Tenant's occupancy, provided and understands that no work is to be performed by Landlord in connection therewith; b. The annual charge (Aincluding electric) for use by Tenant of the Temporary Premises shall not be obligated to pay Base TWO HUNDRED TWELVE THOUSAND SEVEN HUNDRED EIGHTY-FOUR AND 00/100 ($212,784.00) DOLLARS. Such charge shall be payable monthly in the same manner as is payable the Fixed Rent under this Lease; c. Except as otherwise herein provided, Tenant's obligations hereunder with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to governed by the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition terms and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayedconditions of, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and permission shall be subject to the terms limitations contained in, this Lease; d. Upon the later to occur of Article 16 the Final Commencement Date, or (ii) the earlier termination of this Lease; provided, however, nothing contained herein Tenant will surrender and vacate the Temporary Premises and remove therefrom and in the event of Tenant's failure to do so Landlord shall be construed as consent by Landlord entitled to any all the rights and remedies against Tenant which are available to a landlord against a tenant holding over by after the expiration of the term of the lease; and e. Tenant acknowledges that time is of the essence with respect to Tenant's surrender, vacating and removal from the Temporary Premises as set forth in Section 40.01 (d) hereof. Tenant covenants and agrees to pay $2,200.00 per day (or a fraction thereof) as and for liquidated damages for each day after the date set forth in Section 40.01(d) hereof, that Tenant fails to surrender, vacate and remove from the Temporary Premises, and Landlord expressly reserves the right to require Tenant to surrender possession of the Temporary Premises to Landlord as provided . Nothing contained in this Lease upon the terms and conditions set forth Section 40.01(e) shall in this Leaseany way be deemed or construed to 89 90 limit Landlord's rights pursuant to Section 40.01(d).

Temporary Premises. Subject to From and after the terms hereof, prior to full execution of this Lease by Landlord and Tenant and ending thirty (30) days after the Lease occurrence of the Commencement DateDate (the “ Temporary Premises Expiration Date ”), Landlord shallshall lease to Tenant, in consideration for Tenant’s entering into this Leaseand Tenant shall lease from Landlord, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 twenty-four thousand nine hundred seven (24,907) rentable square feet of space (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth (5th) floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for Building (the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the “ Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s possession of the Temporary Premises shall be subject to the terms and conditions of this Lease as though such Temporary Premises was the PremisesLease, provided except that (A) Tenant shall not be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Minimum Monthly Rent or Operating Expenses Costs, Insurance Costs or Taxes with respect to the such Temporary Premises (provided provided, however, that Tenant shall be obligated pay to pay any Landlord costs of janitorial services, separately-metered utilities and other amounts of Additional Rent applicable services provided to the Temporary Premises, including, without limitation, after-hours HVAC chargesTenant), (C) . Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept accepts the Temporary Premises in its existing “as is” condition and agrees that Landlord shall have no obligation to provide improve or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to otherwise alter the Temporary Premises. Landlord shall deliver Any installation of cabling or wiring in the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but by Tenant shall be promptly remedied performed by Landlord Tenant at LandlordTenant’s sole cost and expense. In addition, the Temporary Premises shall be delivered expense and in accordance with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition terms of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirementsArticle 12 below. On or before the Temporary Premises Expiration DateDate or such earlier date if this Lease is terminated, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when accordance with the terms of Article 27 of this Lease. On or before the date that Tenant took possession and as thereafter improved by surrenders the Temporary Premises to Landlord, except Tenant shall remove its cabling and wiring from the Temporary Premises and shall restore the Temporary Premises to substantially the extent same condition existing as of (x) the date Tenant takes occupancy of the Temporary Premises, reasonable wear and tear, (y) damage by fire casualty or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this Leasecondemnation excepted.

Temporary Premises. Subject Landlord shall provide Tenant temporary access to the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 4,406 rentable square feet on the 10th floor of space the Building as shown on Exhibit D attached hereto (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) Landlord shall commence upon the date upon which Landlord delivers deliver the Temporary Premises to Tenant on January 1, 2015 (the “Temporary Premises Commencement Date”), and Tenant shall terminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s take possession of the Temporary Premises 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 result thereof, shall be subject separately billed for such usage. Tenant shall have the right to use and occupy the terms and conditions of this Lease as though such Temporary Premises was until one (1) week after Landlord has (i) Substantially Completed the construction of the Tenant Improvements in the New Premises, provided that and (Aii) received all necessary certificates of occupancy allowing Tenant shall not be obligated to pay Base Rent with respect occupy and conduct business therefrom. At such time as Tenant’s access to the Temporary Premises (providedhas ended, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required surrender same to pay Landlord in broom clean and substantially the same condition as same was delivered to Tenant’s Share , reasonable wear and tear and damage by fire or other casualty excepted. For the avoidance of Operating Expenses with respect to the Temporary Premises (provided that doubt, otherwise as specified herein, until such time as Tenant shall be obligated to pay any other amounts of Additional Rent applicable to has vacated the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, (E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises included within the definition of “Premises” and shall be subject to the terms of Article 16 of this Lease; provided“New Premises”, howeverrespectively, nothing contained herein shall 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 for purposes of the Temporary Premises to Landlord Lease as provided in this Lease upon the terms and conditions set forth in this Leaseamended hereby.

Temporary Premises. Subject to the terms hereof, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 rentable square feet of space (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence Commencing upon the date upon which mutual execution and delivery of this First Amendment by Landlord delivers the Temporary Premises to and Tenant (the “Temporary Premises Commencement Date”)) and continuing through the date that Tenant vacates the Temporary Premises, and which shall terminate on May 31be no later than April 15, 2016 2013 (the “Temporary Premises Expiration Date”), Landlord shall lease to Tenant and Tenant shall lease from Landlord the Temporary Premises upon the terms and conditions set forth in this First Amendment and the Lease, as amended. The period commencing on the Temporary Premises Commencement Date and continuing through the Temporary Premises Expiration Date shall be referred to herein as the “Temporary Premises Term”. Tenant’s possession lease of the Temporary Premises shall be subject to upon all of the terms and conditions of this Lease set forth in the Lease, as amended, as though such the Temporary Premises was the Premises, provided that (Ai) 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 be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of any Operating Expenses or Tax Expenses with respect to the Temporary Premises (provided Premises; provided, however, that Tenant shall be obligated required to pay for any other amounts water, electricity, heat or air conditioning used in the Temporary Premises in excess of Additional Rent applicable that supplied by Landlord pursuant to Section 6.1 of the Lease, in accordance with the terms of Section 6.2 of the Lease, (iii) the terms of Section 2.2 of the Lease shall be inapplicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (Civ) Tenant shall not have no the right to assign, sublease or otherwise transfer its interest with respect to in the Temporary Premises other than a Permitted Transferee AssigneePremises, (Dv) Tenant shall accept the Temporary Premises in its existing “as is” condition 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 (Evi) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, without Landlord’s prior written approval, which approval shall not may be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises withheld in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expensediscretion. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Tenant hereby acknowledges that neither Landlord shall have no liability whatsoever for nor any agent of Landlord has made any representation or warranty regarding the condition of the existing cabling and Landlord makes no warranties as Temporary Premises or the Building or with respect to the suitability of any of the existing cabling to serve foregoing for the conduct of Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in such Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall 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 to Landlord as provided in this Lease upon the terms and conditions set forth in this Leasebusiness.

Temporary Premises. Subject to the terms hereofEffective as of January 1, prior to the Lease Commencement Date, Landlord shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease that certain portion of the Premises containing approximately 26,514 rentable square feet of space (the “Temporary Premises”), commonly known as Xxxxx 000, located on the fifth floor of the Xxxxx Street Building, as set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence upon the date upon which Landlord delivers the Temporary Premises to Tenant 2015 (the “Temporary Premises Commencement Date”), the space located on the 24th floor of the Building shown outlined on the attached Exhibit A (the “Temporary Premises”) and known as Suite 2400 shall terminate be added to the premises covered by the Lease. Landlord and Tenant hereby stipulate for all purposes of the Lease that the Temporary Premises contains 14,331 rentable square feet of space. Tenant’s lease of the Temporary Premises shall be on May 31all of the terms, 2016 covenants and conditions contained in the Lease applicable to the Premises, except as follows: (i) the term of the Temporary Premises lease shall commence on the Temporary Premises Commencement Date and expire on the date (the “Temporary Premises Expiration Date”) that is the earlier of July 31, 2015 or ten (10) days after the date on which Tenant shall substantially complete the Initial Alterations (as defined in Paragraph 6 below). Tenant’s possession , and Tenant shall not have any right to renew or further extend the term of its lease of the Temporary Premises; (ii) the Temporary Premises shall be subject delivered to Tenant in its as-is condition, and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations thereto to prepare the terms and conditions of this Lease as though such Temporary Premises was the Premises, provided that same for Tenant's occupancy; (Aiii) unless Tenant shall not be obligated to pay Base Rent with respect to the Temporary Premises (provided, that if Tenant holds over holdover in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent in which case the provisions of the following paragraph shall be deemed to be an amount equal to $176,760.00 per month (i.e.apply, $80.00 per rentable square foot annually), (B) Tenant shall not be required to pay Tenant’s Share of Operating Expenses with respect to the Temporary Premises (provided that Tenant shall be obligated to pay any other amounts of Additional Rent applicable to the Temporary Premises, including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and Landlord shall have no obligation to provide or pay Monthly Rent for improvements of any kind with respect to the Temporary Premises, (Eiv) Tenant shall not have any right to make any alterations or improvements Alterations to the Temporary Premises or any portion thereof, without except with Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises consent in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In additionabsolute discretion, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as (v) on or prior to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit 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 Premises shall be 4.15%. Notwithstanding the foregoing, if Tenant shall fail to surrender possession of the Temporary Premises to Landlord in as good order and the condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. 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, Lines (as that term is defined in Section 29.32 below) installed by Tenant, 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, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord required hereunder on or before prior to the Temporary Premises Expiration Date, the provisions of Paragraph 20 of the Lease regarding a holdover without Landlord’s consent shall be applicable, and Tenant shall be deemed to be holding over in such pay Monthly Rent for the Temporary Premises and shall be subject to the terms of Article 16 of this Lease; provided, however, nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant during such holdover period in the Temporary Premisesamount of $107,482.50 per month, and Landlord expressly reserves as pro-rated on a daily basis on the basis of a thirty (30) day month. The foregoing shall not imply any right to require of Tenant to surrender remain in possession of the Temporary Premises beyond the Temporary Premises Expiration Date, and Landlord reserves all other rights and remedies pursuant to the Lease (including pursuant to Paragraph 20.c. of the Lease) and applicable law if Tenant shall fail to timely surrender the Temporary Premises as required hereunder. Upon either party’s request, Landlord as provided and Tenant shall execute a letter in this Lease upon substantially the terms form of Exhibit B attached hereto confirming the Temporary Premises Commencement Date and conditions set forth in this Leasethe Temporary Premises Expiration Date.