Common use of The Premises Clause in Contracts

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or · pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything Subject to the contrary set forth herein, Landlord shall, at Landlord’s sole cost reasonable access control systems and expense procedures, the “Rules and with no pass-through to TenantRegulations,” as that term is defined in Section 5.2, repair latent defects in the Base Building, Base, Shellbelow, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Landlord shall allow Tenant shall have access to and use of the Project 24 Premises twenty-four (24) hours per day, 7 seven (7) days per week, 365 days per year throughout the Lease term.

The Premises. 1.1.1 Subject to the terms and conditions set forth in this Lease, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises from Landlord. Tenant acknowledges and agrees that this Lease is set forth in Exhibit A attached hereto made upon the condition that Tenant will perform each of its obligations hereunder and the Premises has the number that Tenant’s agreement to perform each of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises such obligations is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease Lease. The parties acknowledge that Exhibit A is intended only to keep show the outline and perform each and all general location of such termsthe Premises, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is does not meant to constitute an agreement, representation or warranty as to the construction or precise area of the Premises, the precise area thereof Building or the Property, as to the specific location or elements of the Property, including the Building or the “Common Areas,” (as defined below) or as to the access ways to the Premises, the Building or the Property. Prior to lease execution, the parties confirmed the usable square footage of the Phase I Premises, which confirmation is binding and conclusive on the parties and shall not be subject to challenge. At the earliest feasible time but no later than the Phase II Commencement Date, Landlord shall have the Approved Working Drawings for Landlord’s Phase II Work (excluding the Roof Deck) measured by Xxxxxxxxx Systems (or if not in business for any reason at the time the Phase II Measurement Report [as hereinafter defined] is required, then another third party BOMA measurer reasonably agreed to by Landlord and Tenant), who shall measure the usable square footage using the BOMA Standard and issue a report confirming such findings (the “Phase II Measurement Report”). To account for the 12% load factor stipulated by the Landlord and Tenant, the rentable square footage of the Phase II Premises shall be 112% of such usable square footage (rounded to the nearest square foot). The Phase II Measurement Report shall be subject to verification by Tenant’s Architect (as hereinafter defined). If Tenant’s Architect does not agree with the Phase II Measurement Report (which objection must be made by Tenant within thirty (30) days after receipt of the Phase II Measurement Report), Tenant’s Architect shall submit its own measurement report using the BOMA Standard (the “Tenant Measurement Report”), and Landlord and Tenant shall then mutually select a third party impartial architect (whose fee shall be split equally between Landlord and Tenant) to decide if the Phase II Measurement Report or the Tenant Measurement Report is more accurate. Such third party architect may only choose one of the two reports, and its conclusion as to which of the reports is more accurate shall be binding and conclusive on the parties. Solely by way of example, if the Phase II Measurement Report (or Tenant Measurement Report, if such report prevails pursuant to the provision above) determined the usable square footage of the Phase II Premises was 25,000 square feet, the rentable square footage would factor in a 12% load factor, for a final rentable square footage of 28,000, and assuming the Base Rent per rentable square foot per month of the Phase II Premises is then $3.15; the monthly Base Rent for the Phase II Premises would then be $88,200.00 ($3.15 x 28,000 rentable square feet). On the Phase II Commencement Date, Base Rent shall commence for the Phase II Premises (subject to the abatement periods set forth in Exhibit D) and the Base Rent per rentable square foot of the Phase II Premises shall always be the same as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways Phase I Premises (except that, pursuant to the Premises or the “Project,” as that term is defined in Section 1.1.2Exhibit D, below. abatements of such Base Rent will likely occur during different time periods). 1.1.2 A. Except as specifically set forth in this Lease Lease, including, without limitation, in Exhibits B and B-1, the Premises shall be accepted by Tenant in their “AS-IS” condition and configuration as of the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)Effective Date, without any obligation of Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made , the Building or the Property and without any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any other portion of the foregoing Property, their suitability for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of business or any such latent defects on zoning ordinances or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.other

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto hereto. The outline of the “Building” and the Premises has the number of rentable square feet “Project,” as set forth those terms are defined in Section 2.2 of 1.1.2 below, are further depicted on the SummarySite Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession Landlord shall deliver the Premises to Tenant in good, vacant, broom clean condition, and otherwise in the same condition as of the Premises by Tenant after substantial completion date of this Lease, in compliance with all Applicable Laws, with the Landlord Work roof water-tight and shall conclusively establish that cause the Premises plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Building were at such time Premises, including the Generator, in good and sanitary order, operating condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Lease Commencement Date, or such earlier date as Landlord and Tenant mutually agree. As used in this LeaseLandlord will be responsible for causing the exterior of the Building, a “latent defect” is a design or construction defect or error the existing Building entrances, and all exterior Common Areas (including required striping and handicapped spaces in the Base Buildingparking areas) to be in compliance with ADA and parking requirements, Base, Shell and Core and in to the Landlord Work which is not apparent upon an ordinary and reasonable inspection extent required to allow the legal occupancy of the Premises. Subject to (a) all Premises or completion of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease termImprovements.

The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline rentable square footage of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 1.2.2 and the rentable square footage of the Summary. The parties hereto agree that the lease of the Premises Building is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and Section 1.6. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within ten (10) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein (including, without limitation, with respect to the Landlord’s obligation to perform the Tenant Improvements and the Initial Landlord Work in accordance with the Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”B), the Premises is accepted by Tenant in its condition and configuration existing on the date hereof, without any obligation of Landlord shall not be obligated to provide perform or pay for any improvement work or services related alterations to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made , and without any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the their suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The By taking of possession of the Premises by pursuant to this Lease, Tenant after substantial completion of the Landlord Work shall conclusively establish acknowledges that the Premises and the Building were at such time are then in good and sanitary order, the condition and repairconfiguration required hereunder. Notwithstanding anything to the contrary set forth hereinforegoing, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all within 15 days after substantial completion of the terms Tenant Improvement Work (defined in Exhibit B), Landlord and conditions Tenant shall jointly inspect the Premises and prepare a “punch list” identifying any portions of this Lease, including the Rules Tenant Improvement Work that do not comply with Landlord’s obligations under Exhibit B; and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use as part of the Project 24 hours per dayTenant Improvement Work, 7 days per week, 365 days per year throughout the Lease termshall use good faith efforts to correct all such items within a reasonable period of time after preparation of such punch list.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (the “Premises”) which are set forth in Section 2.2 3 of the Summary of Basic Lease Information above (the “PremisesSummary”). The outline of the Premises is set forth in Exhibit A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the Premises has the number of rentable square feet shall be deemed to be as set forth in Section 2.2 3 of the SummarySummary and that the same shall not be subject to re-measurement or modification. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.21.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the PremisesPremises or occupancy thereof by Tenant. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s businessbusiness and Tenant shall accept the Premises in its “as is” condition of the Commencement Date, except as specifically set forth in this Lease and the Tenant Work LetterLease. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that that, except for latent defects, the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth hereinforegoing, Landlord shallLandlord, at Landlord’s its sole cost and expense expense, shall commence and with no pass-through use commercially reasonable efforts to Tenant, complete the work necessary to address certain repair latent defects items in the Base BuildingPremises as more fully described in Exhibit C, Base, Shell, attached hereto and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six made a part hereof (6“Initial Repair Items”) months within thirty (30) days after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in provided that if the Base BuildingInitial Repair Items cannot reasonably be completed within such thirty (30) day period, Base, Shell Landlord shall diligently commence such work within such period and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject shall thereafter diligently proceed to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease termcomplete such work.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline outlines of each floor of the Premises is are set forth in Exhibit A attached hereto and each floor of the Premises has the number of rentable square feet as set forth in Exhibit A-1 attached hereto. No later than March 31, 2018, Tenant shall deliver written notice (the “Phase Designation Notice”) to Landlord, for Landlord’s reasonable approval, of Tenant’s proposed location and size of each Phase of the Premises, subject to the rentable square footage requirements set forth in Section 2.2 of the Summary, and further provided that each Phase shall consist primarily of full floor increments of space. Concurrently with Tenant’s delivery of the Phase Designation Notice, Tenant shall provide any additional amount required to be provided to Landlord as payment for the first month of Base Rent applicable to the Phase I Premises as set forth in Section 3.1 below. Notwithstanding the March 31, 2018 deadline set forth above, after Tenant’s delivery of the Phase Designation Notice, prior to the earlier of the Phase I Lease Commencement Date and Tenant’s submittal of the Final Working Drawings (as defined in the Work Letter) for the Phase I Premises to Landlord for approval, Tenant shall have the right to modify Tenant’s proposed location and size of each Phase of the Premises as set forth in the Phase Designation Notice, subject to the rentable square footage requirements set forth in Section 2.2 of the Summary, and further provided that each Phase shall continue to consist primarily of full floor increments of space (and Tenant shall have the right to make a similar adjustment with respect to the proposed location and size of the Phase II Premises and the Phase III Premises prior to Tenant’s submittal of the Final Working Drawings for the Phase II Premises). Following determination of the location of each Phase, Landlord and Tenant shall promptly execute an amendment to this Lease setting forth the location and rentable square footage of each Phase, the Base Rent schedule for each Phase, and Tenant’s Share with respect to each Phase. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, Buildings only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building Buildings or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A Exhibits 2.2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth Tenant shall accept the Premises in this Lease its presently existing “as-is” condition and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, Premises except as specifically otherwise expressly set forth in this Lease and or in the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations Letter attached hereto as Exhibit D5. The Premises shall exclude Common Areas, (b) emergency situations or other matters outside including without limitation exterior faces of exterior walls, the reasonable control entry, vestibules and main lobby of Landlordthe Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator xxxxx, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and (c) the requirements of applicable lawspipes, Tenant shall have access to ducts, conduits, wires and use appurtenant fixtures and equipment serving exclusively or in common with other parts of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease termBuilding.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit A attached hereto hereto. The outline of the "Building" and the Premises has the number of rentable square feet "Project," as set forth those terms are defined in Section 2.2 of 1.1.2 below, are further depicted on the SummarySite Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant and Landlord each covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “"Tenant Work Letter”"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter, and except that Landlord shall deliver the Premises in broom-clean condition and shall cause the mechanical, plumbing, electrical, fire sprinkler and life safety, lighting, air conditioning and heating systems and all other building systems serving the Premises, including the roof membrane (collectively, the “Building Systems”) and the roof and floor slab of the Building to be in good operating condition and repair as of the Lease Commencement Date. The taking commencement of possession of business operations from the Premises by Tenant after substantial completion of the Landlord Work shall conclusively presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything in this Lease to the contrary set forth hereincontrary, in connection with the foregoing Landlord shall, at Landlord’s 's sole cost and expense (which shall not be deemed an "Operating Expense," as that term is defined in Section 4.2.4), repair or replace any failed, defective or inoperable portion of the Building Systems serving the Premises, the roof and the floor slab of the Building during the first twelve (12) months of the initial Lease term ("Warranty Period"), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with no pass-Tenant (collectively, " Tenant Damage"), or by any modifications, Alterations or improvements constructed by or on behalf of Tenant. Landlord shall coordinate such work with Tenant and shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant's use of the Premises. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. Landlord will be responsible, at its sole cost (and without pass through to TenantTenant as Operating Expenses or otherwise), repair latent defects in for causing the Base Building, Baseexterior of the Building, Shellthe existing Building entrances, and Core all exterior Common Areas (including required striping and handicapped spaces in the Landlord Work provided that Tenant provides written notice parking areas) to Landlord of any such latent defects on or before be in compliance with Applicable Laws, to the date that is six (6) months after extent required to allow the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection legal occupancy of the Premises. Subject to (a) all Premises or the commencement and/or completion of the terms and conditions of this LeaseTenant Improvements. Notwithstanding the foregoing, including the Rules and Regulations attached hereto as Exhibit Dany process utilities shall be provided without warranty, (b) emergency situations or other matters outside the reasonable control of Landlordin their currently existing, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term"as-is" condition.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto hereto. The outline of the “Building” and the Premises has the number of rentable square feet “Project,” as set forth those terms are defined in Section 2.2 of 1.1.2 below, are further depicted on the SummarySite Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything , subject to the contrary set forth herein, Landlord shall, at Landlord’s sole cost Section 1.1.4 and expense and with no pass-through any punch list items identified pursuant to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.B.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto hereto. The outline of the “Building” and the Premises has the number of rentable square feet “Project,” as set forth those terms are defined in Section 2.2 of 1.1.2 below, are further depicted on the SummarySite Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the later of the date of Substantial Completion of the Tenant Improvements and the occurrence of the Final Condition Date, as those terms are defined in the Tenant Work Letter, and no action by Tenant shall be required therefor. If for any reason, Landlord is delayed in tendering possession of the Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired. Notwithstanding the foregoing, if the Substantial Completion of the Tenant Improvements does not occur on or before July 1, 2024, then Tenant shall receive a credit equal to one day of Base Rent for each day that occurs after July 1, 2024 and before the Substantial Completion of the Tenant Improvements, which credit shall be applied immediately following the Base Rent Abatement Period; provided however, that Tenant shall not be entitled to such credit to the extent that such delay was caused by: (a) any Tenant BB Delay, (b) an event of Force Majeure, or (iii) a Tenant Delay. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The Subject to the terms and conditions of this Lease and the Tenant Work Letter, the taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions “Applicable Laws,” as that term is defined in Article 24 of this Lease, including and the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control provisions of Landlordthis Lease, and (c) except in the requirements event of applicable lawsan emergency, Tenant shall have access to and use of the Project 24 Premises twenty-four (24) hours per day, 7 seven (7) days per week, 365 days per year throughout every day of the Lease termyear.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (the “Premises”) which are set forth in Section 2.2 3 of the Summary of Basic Lease Information above (the “PremisesSummary”). The outline of the Premises is set forth in Exhibit A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the Premises has the number of rentable square feet shall be deemed to be as set forth in Section 2.2 3 of the SummarySummary and that the same shall not be subject to re-measurement or modification. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.21.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B C, if applicable (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the PremisesPremises or occupancy thereof by Tenant. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s businessbusiness and Tenant shall accept the Premises in its “as is” condition of the Commencement Date, except as specifically set forth in this Lease and the Tenant Work Letter, if applicable. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.

The Premises. 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord Landlord, the premises set forth Premises designated in Section 2.2 of the Summary and as outlined on the Floor Plan attached hereto as Exhibit "A" in the building at the address designated in the Summary (the “Premises”"BUILDING"), located on the parcel of real property (the "SITE") under the Building, subject to those rules and regulations attached hereto as Exhibit D, and such additional reasonable rules and regulations as Landlord may deliver in writing to Tenant from time to time. The outline Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises is set forth Premises, Building, or Site except as specifically stated in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summarythis Lease. The parties hereto agree that the lease Tenant's leasing of the Premises is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. . 1.2 The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location rights and obligations of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to parties regarding the construction of the PremisesPremises are described in Paragraphs 2 and 3 of this Lease, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter ("WORK LETTER") attached hereto as Exhibit B (E. Any inconsistency between the “Tenant provisions of the Work Letter and the provisions of the balance of the Lease shall be governed by the provisions of the Work Letter”), Landlord . 1.3 The Premises as described herein shall not be obligated include the right of Tenant to provide or pay for any improvement work or services related to use the improvement loading dock. The obligations of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except Premises as specifically set forth provided in this Lease shall be applicable to the loading dock as well as to the remainder of the Premises. 1.4 References in this Lease to "rentable square feet", "rentable square footage" and "rentable area" shall have the same meanings, and Tenant Work Letter. The taking of possession hereby acknowledges and agrees that the rentable square footage of the Premises by Tenant after substantial completion shall be deemed, and is, 134,847 rentable square feet excluding the basement parking and storage areas. No adjustment in the Monthly Basic Rent, Tenant's Percentage Share, any monetary or other obligation of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects or any other term of this Lease shall be made by reason of any discrepancy in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work rentable square footage which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease termlater discovered.

The Premises. Landlord Landlord, for and in consideration of the covenants and agreements on the part of Tenant contained in this Lease, does hereby leases to Tenant lease unto Tenant, and Tenant does hereby leases take from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is Landlord, upon and subject to the termsconditions hereinafter expressed, covenants and conditions herein set forth, and Tenant covenants as a material part certain portion of the consideration for this Lease Property referred to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in as the “BuildingLease Area,” as that term is more particularly described in Exhibit “A” and preliminarily depicted in Exhibit “A-1”, each attached hereto and incorporated herein, for the sole and exclusive purpose of conducting due diligence activities, designing, financing, constructing, installing, owning, operating, maintaining, repairing, replacing and removing the System (as defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as 2 hereof). In addition to the construction foregoing, Landlord hereby grants Tenant a license across the Property to the proposed interconnection point with the regulated electric local distribution company (the “LDC”) that provides electric distribution service to the Town. Tenant shall provide Landlord notice of the Premises, the precise area thereof or the specific location LDC’s grant of the “Common Areas,” as that term is an Interconnection Permit (defined in Section 1.1.33.3) when the exact location for installation of cable necessary to support the System is known. Landlord hereby grants to Tenant a non-exclusive 087683.00002 Litigation 15417950v4 easement or easements on, over, across, under and through the Property as necessary to allow Tenant to install and maintain its cables and related equipment as required by the Interconnection Permit and any other utility easements reasonably required in connection with the Permitted Uses (defined below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B ) (the “Tenant Work LetterEasement Areas”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Upon Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written providing notice to Landlord of any such latent defects on the final Easement Areas, the Parties shall execute a separate stand-alone non-exclusive easement or before easements reflecting the date that is six final Easement Areas and otherwise being satisfactory to Tenant (6) months after the “Easements”), at which time the license provided above shall terminate. The Lease Area and the area subject to the license or the subsequent Easement Areas are referred to herein, collectively, as the “Premises.” The Parties agree to amend Exhibit “A” upon Landlord’s grant of the easements referenced above, which revised Exhibit “A” shall replace the initial Exhibit A attached to this Lease as of the Commencement Date. As used in Date and be incorporated into this Lease. With respect to each Easement, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions term shall not exceed the Term of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations to the extent permitted by applicable federal, state and local laws, such Easement shall be appurtenant to the Lease Area and shall run with and benefit the Lease Area and inure to the benefit of and be binding upon Landlord and Tenant and their respective successors and assigns, (c) no act or other matters outside failure to act on the reasonable control part of LandlordTenant shall be deemed to constitute an abandonment, surrender or termination thereof, except (i) upon recordation by Tenant of a quitclaim deed specifically conveying the Easement back to Landlord or (ii) the termination of this Lease pursuant to its terms, (d) non-use of the Easement shall not prevent the future use of the entire scope thereof, and (ce) the requirements of applicable laws, Tenant shall have access to and no use of the Project 24 hours per day, 7 days per week, 365 days per year throughout or improvement to the Lease termArea or any lands benefited by the Easement, and no assignment or sublease hereof or thereof, shall, separately or in the aggregate, constitute an overburdening of the Easement.

The Premises. Landlord is the owner of a leasehold interest (or on the Lease Commencement Date (as defined in Section 2.1) will be the owner of a leasehold interest) in the Premises (as defined in this Section 1.1). Upon and subject to the terms hereinafter set forth in this Lease and subject to the terms of the Restriction Documents (as defined in Section 5.2), Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth Premises, which are generally described in Section 2.2 6 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it other improvements to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of constructed on the Premises, all in accordance with the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter Agreement attached hereto as Exhibit B "E" (the “Tenant "Work Letter”Letter Agreement"), Landlord shall not be obligated and Xxxxxx's non-exclusive rights to provide or pay for any improvement work or services related use the Common Areas described below. The Premises and all other improvements that are permanently affixed to the improvement Premises may be collectively referred to herein as the "Improvements." Landlord and Xxxxxx agree that each party shall have the right, but not the obligation, to re-measure the Premises, within thirty (30) days after Xxxxxx takes possession of the Premises. Tenant also acknowledges that neither Landlord nor any agent All measurements of Landlord has the Premises shall be made any representation or warranty regarding from the condition outside of exterior walls and from the center of the interior demising partitions, including those measurements to establish the length and width of the Premises. Deductions shall not be allowed for columns, sprinkler risers, roof drains, vents, piping, waste lines, conduit, ventilation shafts and related items serving the Building or other tenant space. In the Project or with respect to event the suitability number of any square feet of floor area in the Premises as determined by such re-measurement is different from the number of square feet of floor area specified above in Section 6 of the foregoing for the conduct of Summary and based upon a mutually acceptable and finalized floor plan by Landlord and Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through by written notice to Tenant, repair latent defects in make a proportionate adjustment of Rent (as defined below) and other charges under this Lease which are calculated based on the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord actual number of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection square feet of floor area of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit A attached hereto hereto. The outline of the "Building" and the Premises has the number of rentable square feet "Project," as set forth those terms are defined in Section 2.2 of 1.1.2 below, are further depicted on the SummarySite Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “"Tenant Work Letter”"), Landlord shall tender possession of the Premises to Tenant in its existing, "as is" condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Landlord shall be deemed to have tendered possession of the Premises to Tenant also acknowledges that neither upon the date the Premises is “Ready for Occupancy,” as such term is defined in the Tenant Work Letter (the ""Possession Date"), and no action by Tenant shall be required therefor. If for any reason, Landlord is delayed in tendering possession of the Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired. Neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work Any process utilities shall conclusively establish that the Premises and the Building were at such time be provided without warranty, in good and sanitary ordertheir currently existing, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass"as-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease termis" condition.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (the “Premises”) which are set forth in Section 2.2 3 of the Summary of Basic Lease Information above (the “PremisesSummary”). The outline of the Premises is set forth in Exhibit A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the Premises has the number of rentable square feet shall be deemed to be as set forth in Section 2.2 3 of the SummarySummary and that the same shall not be subject to re-measurement or modification. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.21.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction precise area of the Premises, the precise area thereof Premises or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B C, if applicable (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the PremisesPremises or occupancy thereof by Tenant. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s businessbusiness and Tenant shall accept the Premise in its “as-is” condition, except as specifically set forth in this Lease and the Tenant Work Letter. The Subject in each case to the “Substantial Completion” of the “Tenant Improvements” (as those terms are defined in Work Letter attached hereto as Exhibit C), and Landlord’s completion of any punch list items arising out of Landlord’s and Tenant’s walk-through inspection of the Tenant Improvements (as required under the Work Letter), (a) the taking of possession of the Initial Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Initial Premises and the Building were at such time in good and sanitary order, condition and repair; and (b) the taking of possession of the Must Take Premises by Tenant, in the condition required for the Must Take Commencement Date, shall conclusively establish that the Must Take Premises were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein: (i) Landlord hereby covenants to use commercially reasonable efforts to deliver the Initial Premises to Tenant with the Tenant Improvements thereto substantially completed in accordance with the Work Letter no later than thirty (30) days after mutual execution of this Lease (the “Estimated Initial Premises Delivery Date”), and if Landlord fails to substantially complete the Tenant Improvements for the Initial Premises and deliver the Initial Premises to Tenant on or before sixty (60) days after the Estimated Initial Premises Delivery Date (the “Initial Premises Rent Credit Date”) for any reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shallshall not be in default but the Commencement Date shall be delayed one (1) day for each day of such delay until Landlord delivers possession of the Initial Premises to Tenant in accordance with the requirements of this Lease; provided however, at Landlord’s that if Landlord fails to substantially complete the Tenant Improvements for the Initial Premises and deliver the Initial Premises to Tenant within sixty (60) days after the Initial Premises Rent Credit Date for any reason other than force majeure or Tenant Delays, Landlord shall not be in default but Tenant may as its sole cost and expense and with no pass-through to Tenantexclusive remedy, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides upon written notice to Landlord of any such latent defects on or before prior to the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection delivers possession of the Premises. Subject Initial Premises to (a) all of Tenant in accordance with the terms and conditions requirements of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlordelect to terminate this Lease, and upon any such termination this Lease shall be deemed void and of no further force and effect, any obligations of Landlord to Tenant or of Tenant to Landlord shall be deemed cancelled, and Landlord shall promptly return to Tenant any prepaid Rent or Letter of Credit then held by Landlord; and (cii) Landlord hereby covenants to use commercially reasonable efforts to deliver the Must Take Premises to Tenant (including, without limitation, if reasonably necessary, timely instituting unlawful detainer proceedings against the current tenant of the Must Take Premises) with the Tenant Improvements thereto substantially completed in accordance with the Work Letter no later than March 1, 2009 (the “Estimated Must Take Premises Delivery Date”), and in the event that Landlord has not gained possession of the Must Take Premises, and substantially completed the Tenant Improvements in the Must Take Premises and delivered the Must Take Premises to Tenant on or before May 1, 2009, for any reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shall not be in default but Tenant shall be entitled to a day-for-day Rent credit with respect to the Must Take Premises from and after the May 1, 2009 until Landlord delivers possession of the Must Take Premises to Tenant in accordance with the requirements of applicable lawsthis Lease; provided, Tenant shall have access to and use however, that if Landlord has not gained possession of the Project 24 hours per dayMust Take Premises, 7 days per weekand substantially completed the Tenant Improvements in the Must Take Premises and delivered the Must Take Premises to Tenant on or before July 1, 365 days per year throughout 2009, for any reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shall not be in default but Tenant may as its sole and exclusive remedy, in Tenant’s sole discretion and upon written notice to Landlord prior to the date that Landlord delivers possession of the Must Take Premises to Tenant in accordance with the requirements of this Lease, elect to terminate this Lease termeither in its entirety or with respect to the Must Take Premises only; and in the event Tenant elects to terminate this Lease with respect to the Must Take Premises only, Tenant’s occupancy of the Initial Premises shall not be affected by such termination, and this Lease shall be amended as soon as reasonably possible by Landlord and Tenant to delete the Must Take Premises from the Premises. Upon any termination of the entire Lease resulting from Landlord’s failure to deliver the Must Take Premises by the outside date set forth above, this Lease shall be deemed void and of no further force and effect, any obligations of Landlord to Tenant or of Tenant to Landlord shall be deemed cancelled (other than such obligations which specifically survive the termination of this Lease), and Landlord shall promptly return to Tenant any prepaid Rent or Letter of Credit then held by Landlord.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 Premises, which is a part of the Summary (the “Premises”)Property. The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryattached. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein (the “TCCs”) set forthforth in this Lease, and Tenant and Landlord each covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A A, Exhibit A-2, and Exhibit A-3 is to show the approximate location of the Premises in Premises, the “Building,” Office Lobby, the Office Elevators, the Concession Area, the Project loading areas, Tenant’s Generator (as that term is defined in Section 1.1.2, 6.5.1 below) and access to the Parking Garage, only, and such Exhibit is Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building, or the Project, the precise area thereof or the specific location of the “Common Areas,” , as that term is defined in Section 1.1.31.1.4, below, or the elements thereof or of the accessways to the Premises Premises, Building or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B B, including, without limitation, Landlord’s obligation to construct the Base, Shell and Core (as that term is defined in Section 1.1 of the “Tenant Work Letter”), and to satisfy the Final Completion Condition (as that term is defined in Section 1.5 of the Tenant Work Letter), Tenant shall accept each floor of the Premises in their “as is” condition as of the Lease Commencement Date, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the initial improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises which are to be constructed by Landlord and are set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performancehereto. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, belowthereof. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises, and Xxxxxx agrees to accept the Premises in their currently existing, “as-is” condition. Tenant also acknowledges that neither Neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except as specifically set forth in this Lease and the Tenant Work LetterLease. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to Except when and where Xxxxxx’s right of access is specifically excluded as the contrary result of (i) an emergency, (ii) a requirement by law, or (iii) a specific provision set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error Tenant shall have the right of ingress and egress to the Premises and the Project parking areas twenty-four (24) hours per day, seven (7) days per week, every day of the year during the Lease Term. Landlord shall deliver possession of the Premises to Tenant in the Base Buildinggood, Basevacant, Shell and Core broom clean condition, with all building systems in good working order, and in compliance with applicable laws to the Landlord Work which is not apparent upon an ordinary and reasonable inspection extent required to allow the legal occupancy of the Premises. Subject Landlord shall cause the Premises to have Building standard window blinds installed (a) all and if such blinds are not currently in place, installation of the terms and conditions same shall occur within thirty (30) days after the Lease Commencement Date). Except in case of emergency or as otherwise provided in this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to the Premises, Building and use of the Project 24 parking twenty-four (24) hours per day, 7 seven (7) days per week, 365 days per year throughout the Lease term.

The Premises. (a) The Landlord hereby leases to the Tenant, and the Tenant and Tenant hereby leases from Landlord the premises Landlord, the Premises set forth out in Section 2.2 1.01(b) located in the Building and having the Rentable Area set out in Section 1.01(c). The approximate location of the Summary Premises is approximately shown hatched on Schedule “B”. (b) The Landlord may, at any time during the Term, upon sixty (60) days' written notice to the Tenant, relocate the Premises to other premises in the Building (the “Relocated Premises”). The outline Tenant will make any required alterations and relocate its business in accordance with plans and specifications approved by the Landlord and otherwise in accordance with Schedule “C” and will re-open for business to the public in the Relocated Premises within the time limit set by the Landlord, acting reasonably. If the Premises are relocated this Lease will remain unchanged except that Rent will be adjusted based on the Rentable Area of the Relocated Premises. The Landlord will reimburse the Tenant for any reasonable costs and expenses due directly to the relocation to the Relocated Premises, based on pre-approved competitive quotations as supported by paid invoices verifying such costs and expenses. The Tenant may not claim against the Landlord for damages or indemnification by reason of loss or interruption of business of the Tenant from the Premises due to any such relocation. The Tenant will execute any documents required by the Landlord to give effect to this Section 3.01(b). (c) So long as (i) the Rentable Area of the Premises is set forth in Exhibit A attached hereto not materially increased or decreased, (ii) the Tenant’s use and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease enjoyment of the Premises is upon not materially and subject to adversely affected more than is reasonably necessary under the terms, covenants and conditions herein set forthcircumstances, and Tenant covenants (iii) the Landlord makes such Changes (as a material part of defined below) at its expense, completes the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location finishing or fixturing of the Premises to the standard existing before the Changes (but the Landlord shall not be liable for any consequential costs, damages or losses of the Tenant) and from and after the date of completion of such Changes the Rent payable by the Tenant shall be adjusted to reflect any consequential increase or decrease in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction Rentable Area of the Premises, then, at any time and from time to time, the precise area thereof Landlord shall have the right to make any alterations to, additions to or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to deletions from the Premises or re-arrange or re-configure the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B Premises (the “Tenant Work LetterChanges”), to the extent found necessary or desirable by the Landlord. The Landlord shall not be obligated use commercially reasonable efforts to provide or pay for minimize interference with the Tenant’s business operations conducted from the Premises and, to that end, the Landlord shall schedule any improvement work or services related to Changes which will adversely affect the improvement Tenant’s business outside of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s businessbusiness hours, except as specifically set forth in this Lease where possible under the circumstances and shall, where possible, provide the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides reasonable prior written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease termChanges.

The Premises. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord Landlord, for the premises set forth in Section 2.2 Term and upon the agreements, terms and conditions of the Summary (the “Premises”)this Lease. The outline of the Premises is set forth in depicted on Exhibit A “A,” which is attached hereto and the incorporated herein by this reference. The Premises has the number address and contains the square footage specified in Article I above; provided, however, that any statement of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically footage set forth in this Lease Lease, or that may have been used in calculating any of the economic terms hereof, is an approximation which Landlord and Tenant agree is reasonable, no economic terms based thereon shall be subject to revision whether or not the actual square footage is more or less. The Premises shall be leased by Tenant in “As Is,” “Where Is” and “With all Faults” condition and without any representation, express or implied warranty of any kind or nature as to the Tenant Work Letter attached hereto as Exhibit B condition, use or occupancy which may be made thereof and without any improvements or alterations by Landlord. Prior to the Commencement Date, Landlord caused a property condition assessment to be performed by a professional commercial property inspector for the Premises (the “Tenant Work LetterAssessment Report”), Landlord shall not be obligated to provide or pay for any improvement work or services related which sets forth the results of such assessment and the inspector’s recommended repairs and maintenance to the improvement Premises, if any. A copy of the PremisesAssessment Report, which has been accepted by Landlord and Tenant, is attached as Exhibit “B” to this Lease. Landlord and Tenant acknowledge that the Assessment Report serves as conclusive evidence of the condition of the Premises as of the Commencement Date of this Lease. No rights to any view or to light or air over any property, whether belonging to Landlord or any other person, are granted to Tenant by this Lease. If at any time any windows of the Premises are temporarily darkened or the light or view therefrom is obstructed, the same shall be without liability to Landlord and without any reduction or diminution of Tenant’s obligations under this Lease. Tenant also acknowledges hereby waives and disclaims any objection to, cause of action based upon, or claim that neither Landlord nor any agent its obligations hereunder should be reduced or limited because of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any same for Tenant’s purposes. Furthermore, Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the foregoing for Premises, the conduct of Tenant’s business, except as specifically set forth Building and the Project in its decision to enter into this Lease and let the Tenant Work Letter. The taking of Premises, and the continuing possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish establishes that the Premises Premises, the Building and the Building Project were at such time in good and sanitary order, satisfactory condition and repair. Notwithstanding anything to for the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that use intended by Tenant provides written notice to Landlord as of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.

The Premises. (A) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the premises set forth in Section 2.2 term and upon the terms, conditions, covenants and agreements hereinafter provided, the space deemed to be 3,043 square feet, located on the first (1st) floor of the Summary Building (such space being hereinafter referred to as the “Premises”). The outline of the Premises is set forth in are known as Suite 130 and outlined on Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summarymade a part hereof. The parties hereto agree that the lease of the Premises is upon includes the right, together with other tenants of the Building and members of the public, to use the unreserved common public areas of the Building, but includes no other rights not specifically set forth herein; it being understood and agreed that Tenant’s right to use the common public areas of the Building includes the surface parking areas of the Building, including two (2) parking spaces designated for Tenant’s use on a reserved basis. Such parking shall be free of charge, but nothing herein shall preclude the inclusion of any costs and expenses in Operating Expenses (as defined below). (B) Tenant shall accept the Premises “as is” on the Lease Commencement Date (as defined below); it being understood that any tenant work or refurbishment work within the Premises for Tenant’s use and occupancy thereof (“Tenant Work”), including the Tenant Work undertaken prior to or in conjunction with the commencement of this Lease (the “Initial Tenant Work”) will be undertaken by Tenant at its cost and expense, subject to the terms, covenants cash allowance to be provided by Landlord as more fully provided below. Upon the full execution and conditions herein set forth, and Tenant covenants as a material part delivery of the consideration for this Lease to keep by Landlord and perform each Tenant, Tenant, its employees, agents and all of such termscontractors, covenants and conditions by it to be kept and performed and that this Lease is made may enter upon the condition of such performance. The parties hereto hereby acknowledge that Premises at reasonable times for the purpose of Exhibit A is installing Landlord-approved tenant work undertaken pursuant to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, Article 7 below, onlycabling and systems furniture, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of repainting and recarpeting the Premises; provided, the precise area thereof or the specific location of the “Common Areas,” as however, that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this such pre-Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises Commencement Date entry by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent be upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including Tenant’s indemnification of Landlord pursuant to Paragraph 11(f) below, and excluding only Tenant’s obligation to pay rent; and provided further that any such pre-Lease Commencement Date entry by Tenant will not interfere with or unreasonably delay Landlord in any construction activity within the Rules Building. The parties acknowledge, and Regulations the Landlord agrees, subject to receipt and review of finished plans and specifications, that the Tenant may commence and complete the work set forth in Exhibit C that is attached hereto as Exhibit Dand made a part hereof, but shall not be required to commence such work. Promptly following the Lease Commencement Date and subject to completion of the Initial Tenant Work within the Premises undertaken by Tenant, Landlord shall pay to Tenant, on the following terms and conditions, a cash allowance of up to Twenty-Two Thousand Six Hundred Ninety-Five and 00/100 Dollars (b$22,695.00) emergency situations (the “Cash Allowance”) to reimburse Tenant for the cost and expense incurred by Tenant in performing any such tenant work or other matters outside refurbishment work within the reasonable control Premises, inclusive of Landlordany architectural, engineering and permit fees incurred, and (c) the requirements of applicable laws, as inducement to enter into this Lease. Tenant shall submit to Landlord a requisition statement, with supporting invoices representing the cost of such tenant work or refurbishment work, together with evidence of payment thereof. Landlord shall have access the right to verify all such invoices, and use after inspection and approval by Landlord of any such tenant work or refurbishment work, which approval shall not be unreasonably withheld or delayed, Landlord shall pay to Tenant an amount equal to the Project 24 hours per dayapproved requisition sum, 7 days per week, 365 days per year throughout not to exceed the Lease termCash Allowance.

The Premises. Landlord Landlord, for and in consideration of the covenants and agreements on the part of Tenant contained in this Lease, does hereby leases to Tenant lease unto Tenant, and Tenant does hereby leases take from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is Landlord, upon and subject to the termsconditions hereinafter expressed, covenants and conditions herein set forth, and Tenant covenants as a material part certain portion of the consideration for this Lease Property referred to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in as the “BuildingLease Area,” as that term is more particularly described in Exhibit “A” and preliminarily depicted in Exhibit “A-1”, each attached hereto and incorporated herein, for the sole and exclusive purpose of conducting due diligence activities, designing, financing, constructing, installing, owning, operating, maintaining, repairing, replacing and removing the System (as defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as 2 hereof). In addition to the construction foregoing, Landlord hereby grants Tenant a license across the Property to the proposed interconnection point with the regulated electric local distribution company (the “LDC”) that provides electric 087683.00002 Litigation 15417950v2 distribution service to the Town. Tenant shall provide Landlord notice of the Premises, the precise area thereof or the specific location LDC’s grant of the “Common Areas,” as that term is an Interconnection Permit (defined in Section 1.1.33.3) when the exact location for installation of cable necessary to support the System is known. Landlord hereby grants to Tenant a non-exclusive easement or easements on, over, across, under and through the Property as necessary to allow Tenant to install and maintain its cables and related equipment as required by the Interconnection Permit and any other utility easements reasonably required in connection with the Permitted Uses (defined below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B ) (the “Tenant Work LetterEasement Areas”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Upon Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written providing notice to Landlord of any such latent defects on the final Easement Areas, the Parties shall execute a separate stand-alone non-exclusive easement or before easements reflecting the date that is six final Easement Areas and otherwise being satisfactory to Tenant (6) months after the “Easements”), at which time the license provided above shall terminate. The Lease Area and the area subject to the license or the subsequent Easement Areas are referred to herein, collectively, as the “Premises.” The Parties agree to amend Exhibit “A” upon Landlord’s grant of the easements referenced above, which revised Exhibit “A” shall replace the initial Exhibit A attached to this Lease as of the Commencement Date. As used in Date and be incorporated into this Lease. With respect to each Easement, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions term shall not exceed the Term of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations to the extent permitted by applicable federal, state and local laws, such Easement shall be appurtenant to the Lease Area and shall run with and benefit the Lease Area and inure to the benefit of and be binding upon Landlord and Tenant and their respective successors and assigns, (c) no act or other matters outside failure to act on the reasonable control part of LandlordTenant shall be deemed to constitute an abandonment, surrender or termination thereof, except (i) upon recordation by Tenant of a quitclaim deed specifically conveying the Easement back to Landlord or (ii) the termination of this Lease pursuant to its terms, (d) non-use of the Easement shall not prevent the future use of the entire scope thereof, and (ce) the requirements of applicable laws, Tenant shall have access to and no use of the Project 24 hours per day, 7 days per week, 365 days per year throughout or improvement to the Lease termArea or any lands benefited by the Easement, and no assignment or sublease hereof or thereof, shall, separately or in the aggregate, constitute an overburdening of the Easement.

The Premises. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 Premises, consisting of the Summary entire parcel of real property located in the City of Rockford, Illinois, commonly known as 0000 X. Xxxxxxx Xxxxxx, Xxxxxxxx, XX 00000, and the legal description of which is shown on the attached Exhibit “A” (the “PremisesReal Estate”). The outline parties acknowledge that there is a building on the Real Estate of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable approximately 84,000 square feet as set forth in Section 2.2 of size (the Summary“Building” or the "Premises"). The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for waive any improvement work or services related to the improvement formal survey of the Premises. Further, Landlord hereby leases to Tenant the furnishings and equipment set forth on Exhibit B. 1.2 Landlord also acknowledges grants and conveys to Tenant for the term hereof all rights and privileges afforded by any appurtenant documents affecting the Premises including, but not limited to, all easements, cross-easements, access agreements and licenses, if any, a description of the same which are in existence as of the date hereof also being contained in Exhibit “A”. Landlord and Tenant acknowledge that neither the kitchen area of the Building consisting of approximately 1,000 square feet is leased to Xxxxxxxxx Xxxx pursuant to a Lease Agreement dated March 2, 2009, as amended on July 7, 2010 (“Xxxx Lease Agreement”) with said Xxxx Lease Agreement terminating on June 30, 2011. Landlord and Tenant agree that with the execution of this Lease Agreement the Landlord assigns to Tenant all of Landlord’s rights, title, and interest in, to and under the Xxxx Lease Agreement and Tenant accepts the assignment and agrees to assume and perform the obligations of Landlord under the Xxxx Lease Agreement. Landlord and Tenant agree that upon execution of this Lease Agreement, the Xxxx Lease Agreement shall be characterized as a Sublease Agreement with Tenant as the Sublessor and Xxxxxxxxx Xxxx as the Sublessee. Landlord represents and warrants that a) except for the Xxxx Lease Agreement there are no other leases affecting the Real Estate; b) the Xxxx Lease Agreement embodies the entire agreement between Xxxx and Landlord and that there are no other agreements or amendments, written or oral, between such parties; and c) the there are no laws, governmental restrictions or agreements, including recorded covenants, conditions and restrictions which would prevent Tenant from using the Premises for the uses allowed under section 6 of this Lease. 1.3 Neither Landlord nor any agent of Landlord has Landlord’s agents have made any representation representations or warranty regarding promises with respect to the physical condition of the Premises, the Building expenses of operation or the Project any other matter or with respect thing affecting or related to the suitability of any of Premises. Tenant has inspected the foregoing for Premises and is thoroughly acquainted with their condition and agrees to take the conduct of Tenant’s business, except same “as specifically set forth in this Lease is” and acknowledges that the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish be conclusive evidence that the said Premises and any improvements of which the Building same form a part were at such time in good and sanitary ordersatisfactory condition at the time such possession was so taken, regardless of whether the condition and repair. Notwithstanding anything giving rise to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through such obligation existed prior to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection as of the Premises. Subject to (a) all commencement date of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Notwithstanding the foregoing, Landlord shall construct the Building and Premises in accordance with the specifications set forth on Schedule 1 to Exhibit B. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “"Tenant Work Letter”"), Landlord shall tender possession of the Premises and all base Building systems, including, but not limited to, HVAC, plumbing, roof/roof membrane and electrical systems in good working condition and repair and in compliance with all local, state and federal codes including the Americans with Disabilities Act and environmental requirements to the extent necessary to obtain a legal occupancy certificate, or legally required equivalent, as required for occupancy of the Premises under applicable law. Landlord shall warrant base Building systems for the first twelve (12) months of the Lease Term. Landlord shall tender possession of the Premises to Tenant on or before August 1, 2022 (the “Anticipated Delivery Date”). The actual date that Landlord tenders possession of the Premises to Tenant in the required condition specified in this Section 1.1 shall be obligated deemed the “Possession Date”. If Landlord does not deliver possession of the Premises to provide or pay Tenant in the required condition specified in this Section 1.1 (the “Required Condition”) within ninety (90) days after the Anticipated Delivery Date (the “Delivery Deadline”), then Tenant shall be entitled to one (1) day of abatement of Rent for each day of such delay, starting on the Delivery Deadline and continuing until Landlord actually delivers possession of the Premises to Tenant in the Required Condition. If Landlord does not deliver possession of the Premises to Tenant in the Required Condition within one hundred twenty (120) days after the Anticipated Delivery Date (the “Outside Delivery Deadline”), Tenant may elect to cancel this Lease by giving written notice to Landlord within twenty (20) business days after the Outside Delivery Deadline. If Tenant gives such notice, this Lease shall be cancelled, effective immediately, and neither Landlord nor Tenant shall have any further obligation to the other. If Tenant does not give such notice within such specified time period, Tenant’s right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Premises to Tenant. The Delivery Deadline and the Outside Delivery Deadline shall each be extended for any improvement work or services related to the improvement delays in delivery of the PremisesPremises caused by Force Majeure (as defined in Section 29.16, below). Tenant Xxxxxx also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s Xxxxxx's business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.

The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises Premises (as set forth in Section 2.2 of the Summary (the “Premises”Summary). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summarymade a part hereof. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the any “Common Areas,” as that term is defined in Section 1.1.31.1.2, below, or the elements thereof or of the accessways to the Premises or the “Project,” as . Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the date that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in Landlord provides Tenant with a key or access card to the Tenant Work Letter attached hereto as Exhibit B Premises (the “Tenant Work LetterLease Commencement Date”), and no action by Tenant shall be required therefor. The Lease Commencement Date is anticipated to occur within ten (10) business days after the full execution of this Lease. If for any reason Landlord is delayed in tendering possession of the Premises to Tenant by any particular date, Landlord shall not be obligated subject to provide or pay any liability for any improvement work or services related to such failure, and the improvement validity of this Lease shall not be impaired; provided, however, if the Lease Commencement Date occurs after August 15, 2021, the Outside Lease Commencement Date shall be extended on a day for day basis for each day that the Lease Commencement Date occurs after August 15, 2021. On the Lease Commencement Date, the Premises shall be in broom clean condition with all Building systems serving the same in good working order. As of the PremisesExecution Date, to Landlord’s knowledge, the Premises are in compliance with Environmental Laws (hereinafter defined). Tenant also acknowledges that Except as expressly set forth in Section 24.3 of this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business. Any process utilities shall be provided without warranty, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary ordertheir currently existing, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass“as-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defectis” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease termcondition.

The Premises. 1.1 Landlord hereby leases and demises to Tenant and Tenant hereby leases and accepts from Landlord Landlord, for the term and upon the terms and conditions hereinafter set forth, the following described premises set forth (the "Premises"): (a) Approximately 75,000 square feet of rentable area (calculated in Section 2.2 accordance with the Washington, D.C. Association of Realtors standard method of measurement in effect immediately prior to the Lease Commencement Date), on either, at Tenant's option, (i) the first (1st), second (2nd) and third (3rd) floors ("Premises Option 1") or (ii) the second (2nd), third (3rd) and fourth (4th) floors ("Premises Option 2") of the Summary four-story office building (the “Premises”)"Building") which is to be built and situated on the Land. The outline Tenant shall inform Landlord of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 Option that Tenant selects on or before March 31, 1998. The portion of the Summary. The parties hereto agree that Building leased by Tenant is hereinafter referred to as the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction "Premises." (b) Upon Tenant's designation of the Premises, the precise area thereof or the specific location a diagram of the “Common Areas,” Premises shall be added to this Lease as that term is defined Exhibit A-1. Landlord shall promptly notify Tenant in Section 1.1.3, below, or the elements thereof or writing of the accessways exact rentable area of the space designated by Tenant as the Premises. Such rentable area calculation shall be subject to confirmation prior to the Premises Lease Commencement Date by Tenant's independent architect. In the event the rentable area figure determined by Tenant's architect differs by no more than three percent (3%) (higher or lower) from Landlord's figure, then Landlord's figure shall be controlling. In the “Project,” as that term is defined event the rentable area figure determined by Tenant's architect differs by more than three percent (3%) (higher or lower) from Landlord's figure, then Landlord and Tenant (in Section 1.1.2coordination with their respective architects) shall endeavor in good faith to resolve the discrepancy, below. Except as specifically set forth in this Lease and in the event they are not able to resolve such discrepancy then Landlord and Tenant Work Letter attached hereto as Exhibit B (shall jointly appoint an independent architect to resolve such discrepancy and the “Tenant Work Letter”)determination of such independent architect shall be binding on both Landlord and Tenant, Landlord shall not be obligated to provide or pay for any improvement work or services related subject to the improvement terms of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall have access to and use of the Project 24 hours per day, 7 days per week, 365 days per year throughout the Lease term.Section 1.3