Common use of USE AND RESTRICTIONS ON USE Clause in Contracts

USE AND RESTRICTIONS ON USE. (a) The Premises shall be used and occupied by Tenant only in conformity with law and for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use or permit any use of the Premises other than the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants of same, which would be disturbing to the other tenants or occupants of the Property, or which would cause any increase in premium for any insurance which Landlord may then have in effect with respect to the Property generally. In case of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant shall promptly comply with all governmental orders, directives for the correction, prevention and abatement of any violations or nuisances arising out of Tenant’s specific use of the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and shall comply with all laws, ordinances, regulations and requirements of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situation.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used solely for general office, research and occupied development, and light manufacturing purposes and other uses incidental thereto, so long as all of the same are permitted by Tenant only in conformity with applicable law and for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (collectively, the “Permitted UseUses”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way materially and adversely obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure them, or which would cause any increase in premium allow the Premises to be used for any insurance unlawful purpose. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall have the right to change its Permitted Uses upon the prior written consent of Landlord, which Landlord may then have in effect consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not commit waste or nuisance. Subject to Article 7, Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land caused, or permitted by, or resulting from the specific use of by Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense expense; provided, that, Tenant shall have the right to contest in good faith, and shall by proper legal proceedings, any such governmental orders and directions for the correction, prevention and abatement of any such violations so long as (a) Tenant’s election to so contest has no adverse impact on Landlord’s ability to manage or operate the Building, the Park or any other buildings in the Park, as reasonably determined by Landlord, (b) Tenant’s election to so contest has no adverse impact on the rights of any other tenants, subtenants or occupants of the Building or the Park to use the Building, the Park or any other buildings in the Park as provided under their respective leases, subleases and/or occupancy agreements, as the case may be, (c) to the extent that Landlord makes a good faith reasonable determination that it is necessary, Tenant first deposits with Landlord, as security for the resolution of any such contested order or direction, cash or a letter of credit in amount, form and substance reasonably acceptable to Landlord acting in good faith in order to cover the cost of having to comply with such contested order or direction in the event that such order or direction is enforced plus the estimated cost of any and all penalties and interest which may be payable if Tenant is ultimately required to comply with such contested order or direction, and (d) Tenant shall not remain out of compliance with such order or direction for such length of time as shall permit the Building, the Park or any other building in the Park to be subjected to any cease and desist order (or any equivalent order or direction) or any lien, penalty or attachment, or that would otherwise prevent Landlord or any other tenant, subtenant or occupant of the Building or the Park to use the Building, the Park or any other building in the Park for their permitted uses as a result of such non-compliance or contest by Tenant. Tenant agrees that it shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 31) harmless from and against any and all loss, claims, liability, damages (direct or consequential) or costs (including court costs and attorney’s fees) incurred by reason of any such non-compliance or contest by Tenant of such governmental order or direction, or by reason of any failure of Tenant to comply with the provisions of the foregoing sentence. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof; provided, however, that so long as Tenant complies with the foregoing provisions and uses the Premises for the Permitted Uses and otherwise in compliance with all applicable laws, ordinances, regulations rules, orders and requirements regulations, Tenant shall not be liable for any increase in the amount of Landlord’s insurance pursuant to this Section 1.1 to the extent such increase is a consequence of the municipalPermitted Uses permitted under this Lease as of the Lease Reference Date. Subject to emergencies, countyLandlord’s after hours security measures and events beyond Landlord’s reasonable control, Tenant shall have access to the Premises on a 24-hours, 7-day a week basis. Following the Commencement Date, Tenant shall be responsible for ensuring that the Premises comply with the Americans With Disabilities Act of 1990, and any amendments thereto (collectively, and as the same may be hereafter amended from time to time, the “ADA”), should such compliance be necessary as a result of Tenant’s particular use of the Premises and/or the Building from time to time or as a result of any alterations, additions or improvements made by Tenant in or to the Premises and/or the Building from time to time, all at Tenant’s sole cost and expense unless the reason for such non-compliance is a result of the Premises not being in compliance with the ADA on the Commencement Date (in which case, Landlord shall be responsible for ensuring that such compliance is accomplished at Landlord’s expense). 1.2 Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any (collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and federallocal laws and ordinances relating to the protection of the environment or the keeping, governments use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”) nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent reasonably necessary in connection with Tenant’s Permitted Uses. Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or environment. Tenant shall protect defend, indemnify and hold each and all of the Landlord Entities harmless from and against any and all departments thereof having jurisdiction over loss, claims, liability or costs (including court costs and attorney’s fees) incurred by reason of any actual failure of Tenant to fully comply with all applicable Environmental Laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual failure of Tenant to keep, observe, or perform any provision of this Section 1.2. 1.3 During the Term, Tenant and the Tenant Entities will be entitled to (a) the exclusive use of the two (2) tailboard loading docks at the Building, subject to Landlord’s reasonable rules and regulations regarding such use; and (b) the non-exclusive use of (i) the common areas of the Building as they exist from time to time during the Term, (ii) the parking facilities serving the Building, subject to Article 30 and the Property relating to Landlord’s reasonable rules and regulations regarding such use, (iii) the full-service cafeteria (the “Cafeteria”) located between the buildings known as and numbered 20 Xxxxxx Xxxxx and 22 Xxxxxx Xxxxx (collectively, the “Amenity Complex”) subject to Landlord’s and any operator’s reasonable rules and regulations regarding such use from time to time in connection therewith, (iv) the conference center for the Xxxxxx Corporate Center (the “Park”) located within the Amenity Complex (the “Conference Center”), subject to Landlord’s and any operator’s reasonable rules and regulations regarding such use from time to time and subject to any reasonable clean up and set up charge that may be charged to Tenant in connection with Tenant’s use of the Conference Center from time to time, and (v) the fitness center for the Park located within the Amenity Complex (the “Fitness Center”), subject to Landlord’s and any operator’s reasonable rules and regulations regarding such use from time to time in connection therewith. Notwithstanding the foregoing, in no event will Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other the Tenant Entities park more vehicles in the areas parking facilities than provided in the Reference Pages. The foregoing shall not specifically designated be deemed to provide Tenant with an exclusive right to any parking spaces. 1.4 Subject to the next paragraph, Tenant will not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, place on the exterior of the Premises (including both interior and exterior surfaces of doors and interior surfaces of windows) or on any part of the Building outside the Premises or any portion of the Premises visible from outside the Premises, any sign, symbol, advertisement or the like visible to public view outside of the Premises. Landlord will not withhold consent for suchany signs and lettering to the entry doors to the Premises, provided that such signs or lettering comply with law and conform to any sign standards of Landlord uniformly applied to other tenants at the Park with regard to similar types of signs, and provided that Tenant has submitted to Landlord a plan or sketch in reasonable detail (showing, without limitation, size, color, location, materials and method of affixation) of the outside storage sign to be placed on such entry doors. Notwithstanding the foregoing to the contrary, Landlord shall provide Building standard signage for Tenant at the signage monument for the Park, the building directory and entrance to the Premises, and generic building directional signage at Landlord’s sole cost and expense, all of which signage shall be non-exclusive. 1.5 So long as (a) Tenant has submitted to Landlord a plan or sketch in reasonable detail (showing, without limitation, size, color, location, materials and method of affixation) of the Tenant identification sign that Tenant desires to install on the exterior of Building (the “Tenant’s Exterior Building Signage”), (b) Tenant itself or a Permitted Transferee (as hereinafter defined) (as opposed to any property are prohibited without subtenants), at the time it seeks Landlord’s approval of Tenant’s Exterior Building Signage, is then occupying, and thereafter at all times occupies, at least sixty percent (60%) of the rentable square footage of the original Premises, (c) Tenant obtains all necessary permits, approvals and licenses with respect to Tenant’s Exterior Building Signage from all applicable governmental authorities, and (d) Tenant obtains Landlord’s prior written consent. If, as a result of any change in which shall not be unreasonably withheld or delayed, then Tenant shall have the governmental lawsright, ordinances and regulations, the Property must be altered to lawfully accommodate at Tenant’s specific use thereof; such alterations shall be made only sole cost and expense, to install Tenant’s Exterior Building Signage on the Building in accordance with the consent provisions of Landlordthis Section 1.5. Upon the expiration or earlier termination of the Term, but Tenant shall remove Tenant’s Exterior Building Signage, at Tenant’s sole cost and expense, and repair and restore the entire cost thereof shall be borne by exterior portion of the Building where Tenant; provided that ’s Exterior Building Signage was located to a condition consistent with the necessity remaining exterior portion of Landlordthe Building where Tenant’s consent shall in no way create any liability against Landlord for failure Exterior Building Signage was located. Any Permitted Transferee of Tenant shall have the right to comply, or alter the Property to comply, with such laws, ordinances and regulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything exterior building signage subject to the contrary contained in terms and conditions of this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situationSection 1.5.

USE AND RESTRICTIONS ON USE. 1.1 The first floor of the Premises is to be used solely for research and development, light assembly and fabrication of medical devices and general office purposes. Tenant acknowledges and agrees that any such light assembly and fabrication shall only be performed in the locations shown on Exhibit G attached hereto using the machinery (athe “Approved Machinery”) The listed on Exhibit H attached hereto. Tenant further acknowledges and agrees that any other machinery used in the Premises shall be used and occupied subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld so long as such machinery is similar in kind (as reasonably determined by Tenant only in conformity with law and for the use specified in Reference Data hereon and as further described in Paragraph 1(bLandlord) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted Approved Machinery. In no event shall the second floor of the Premises be used for any purpose that produces vibration and/or excessive noise (as determined by applicable zoning regulationsLandlord in its reasonable discretion) that is detectable outside of the Premises. Without limiting the generality of the foregoing, subject to in no event shall the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation Approved Machinery be used on the second floor of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this LeasePremises. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way unreasonably obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium unreasonably disturb them, or allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may first obtained. If, in Landlord’s reasonable determination, Tenant’s use of the Premises produces vibration or excessive notice that unreasonably disturbs Landlord and/or any other tenants or occupants of the Building or causes other unreasonable problems for other tenants or occupants of the Building and/or Landlord, then have Landlord may, at its election, (i) require Tenant to install additional reasonably appropriate sound/vibration proofing in effect the Premises (provided, however, that Tenant shall cease all such excessive noise and/or vibration until such additional sound/vibration proofing is installed), or (ii) if Tenant refuses or is unable to install such sound/vibration proofing and remedy the excessive noise and/or vibration, terminate Tenant’s right to use the Premises for the uses described in this Section 1.1 above (other than general office, research and development and administrative use). For purposes of the foregoing sentence, the additional sound/vibration proofing shall be deemed to be “unreasonably appropriate sound/vibration proofing” if noise and/or vibrations emanate from the Premises and such noise and/or vibration annoys or disturbs Landlord and/or any other tenants and or occupants of the Building and or the Project. Tenant shall comply with respect all federal, state and city laws, codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall operate and maintain the Premises in such a manner that no odors, fumes, vapors or gases of any kind shall be released into the Building. Tenant shall, at Tenant’s sole cost and expense, (i) operate the heating, ventilation and air conditioning system, including the special exhaust systems, under negative pressure, (ii) seal any openings in the demising walls of the Premises, and (iii) provide a continuous waterproof base (with seamless vinyl flooring and as otherwise reasonably determined by Landlord) in all areas in which machinery is located in the Premises. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Nothing herein shall require Tenant to perform any alterations, additions or improvements which are necessary to comply with Regulations with respect to the common areas, unless such compliance relates to the common areas on any floor on which the Premises are located and arises directly out of the performance of alterations, additions, repairs or other work by or on behalf of Tenant in the Premises, the acts or omissions of Tenant or any Tenant Entity or Tenant’s specific use of the Premises for purposes other than general office use. In addition, nothing herein shall require Tenant, with respect to the common areas or the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and shall to comply with all lawsRegulations which require alterations, ordinancescapital improvements or the installation of new or additional mechanical, regulations and requirements electrical, plumbing or fire life safety systems on a Building wide basis without reference to the particular use of Tenant (other than general office use), the acts or omissions of Tenant or any Tenant Entity, or any alterations, additions or improvements performed by or on behalf of Tenant. As of the municipaldate hereof, countyto Landlord’s actual knowledge, state and federal, governments and Landlord has not received written notice from any and all departments thereof having jurisdiction over governmental agencies that the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles is in the areas not specifically designated for such, and the outside storage violation of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations. For purposes of this Section, “Landlord’s actual knowledge” shall be deemed to mean and limited to the current actual knowledge of the property manager for the Building at the time of execution of the Lease and not any implied, imputed, or constructive knowledge of said individual or of Landlord or any parties related to or comprising Landlord and without any independent investigation or inquiry having been made or any implied duty to investigate or make any inquiries, it being understood and agreed that such individual shall have no personal liability in any manner whatsoever hereunder or otherwise related to the transactions contemplated hereby. 1.2 Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the Property must “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of (collectively, “Use”) in or about the Premises or the Building any (collectively, “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively, “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be altered used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the environment to lawfully accommodate Tenant’s specific become contaminated with any Hazardous Materials. Notwithstanding the foregoing, (A) Tenant may Use Hazardous Materials in the Premises, subject to the additional terms and conditions set forth on Exhibit I (Hazardous Materials) attached hereto and incorporated herein by this reference, and (B) Tenant may handle, store, use thereof; or dispose of products containing small quantities of Hazardous Materials (such alterations shall be made only with as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the consent like) to the extent customary and necessary for the use of Landlord, but the entire cost thereof shall be borne by TenantPremises for general office purposes; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the necessity Premises, Building and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold each and all of Landlordthe Landlord Entities (as defined in Article 31) harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s consent shall in no way create fees) incurred by reason of any liability against Landlord for actual or asserted failure of Tenant to complyfully comply with all applicable Environmental Laws, or alter the Property presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to complykeep, with such lawsobserve, ordinances and regulationsor perform any provision of this Section 1.2. Tenant shall not permit be liable for any objectionable cost of expense related to removal, cleaning, abatement or unpleasant odors, smoke, dust, gas, noise remediation of Hazardous Materials existing in the Premises or vibrations the Building prior to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants date Landlord tenders possession of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (Tenant, including, without limitation, Hazardous Materials in the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything ground water or soil, except to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges extent that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants foregoing results directly or indirectly from any act or omission by Tenant or any Tenant Entity or any Hazardous Materials disturbed, distributed or exacerbated by Tenant or any Tenant Entity. For purposes of this Article 1, Tenant, not Landlord, shall have the burden to prove with reasonable and unequivocal documentation that such Hazardous Materials were in fact preexisting in the Premises prior to the date Landlord delivered possession of the Property In Premises to Tenant. 1.3 Tenant and the event of a chemical leak and/or spill, Tenant agrees Entities will be entitled to have the appropriate detection and alarm systems per governmental regulations to alert all tenants non-exclusive use of the Property common areas of the Building as they exist from time to time during the emergency situationTerm, including the parking facilities, subject to Landlord’s reasonable rules and regulations regarding such use. However, in no event will Tenant or the Tenant Entities park more vehicles in the parking facilities than Tenant’s Proportionate Share of the total parking spaces available for common use. The foregoing shall not be deemed to provide Tenant with an exclusive right to any parking spaces or any guaranty of the availability of any particular parking spaces or any specific number of parking spaces. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to ensure that the number and type of parking passes set forth on the Reference Pages of this Lease are available for Tenant’s use. Pursuant to Civil Code Section 1938, Landlord states that, as of the Lease Reference Date, the Premises has not undergone inspection by a “Certified Access Specialist” (CASp) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in purposes stated on the Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this LeasePage. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will unreasonably obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or unreasonably injure, annoy, or which would cause any increase in premium disturb them or allow the Premises to be used for any insurance which improper, immoral, unlawful, or reasonably objectionable purpose. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained, or the commission of any waste. Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in connection with Tenant's use or nuisances arising out of Tenant’s specific use occupancy of the Premises, but not its mere occupancy thereof, all at Tenant’s 's sole expense expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Landlord agrees to use reasonable efforts to impose and enforce upon other tenants of the Building, if any, provisions materially similar to those imposed upon Tenant in this Section 1.1. 1.2 Tenant shall not, and shall comply with all lawsnot direct, ordinancessuffer or permit any of its agents, regulations and requirements contractors, employees, licensees or invitees to at any time, handle, use, manufacture, store or dispose of in or about the municipalPremises or the Building any (collectively "Hazardous Materials") flammables, countyexplosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and federallocal laws and ordinances relating to the protection of the environment or the keeping, governments use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively "Environmental Laws"), nor shall Tenant suffer or permit any Hazardous Materials to be used in the Premises in any manner not fully in compliance with all Environmental Laws, nor shall Tenant cause, directly or indirectly, Hazardous Materials to be used in the Building and appurtenant Land (as hereinafter defined) in a manner not fully in compliance with all Environmental Laws, nor cause, directly or indirectly the environment in the vicinity of the Building to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, and subject to Landlord's prior consent, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 30) harmless from and against any and all departments thereof having jurisdiction over the Building loss, claims, liability or costs (including court costs and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage reasonable attorneys' fees) incurred by reason of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for actual or asserted failure of Tenant to complyfully comply with all applicable Environmental Laws as required in this Section 1.2, or alter the Property to complypresence, with such lawshandling, ordinances and regulations. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise disposition in or vibrations to emanate from the PremisesPremises of any Hazardous Materials (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or take by reason of any other action which would constitute a nuisance actual or would disturb or endanger any other tenants asserted failure of the PropertyTenant to keep, observe, or unreasonably interfere with such tenants’ use perform any provision of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon voidthis Section 1. (b) Anything to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situation.

USE AND RESTRICTIONS ON USE. (a) The Premises shall be continuously used and occupied by Tenant Tenant, but only in conformity with law and for the use specified in purposes listed on the Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), Page and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject . Subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation provisions of these provisions shall be considered a breach of this Lease by TenantSection 9 hereof, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use or permit any use of the Premises other than the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants of same, which would be disturbing to the other tenants or occupants of the Property, or which would cause any increase in premium for any insurance which Landlord may then have in effect with respect to the Property generally. In case of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant shall promptly comply with all governmental orders, directives for the correction, prevention and abatement of any violations or nuisances arising out of Tenant’s specific use of the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and shall comply with all laws, ordinances, regulations and requirements of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, on Exhibit A and the outside storage of any property are prohibited without Landlord’s prior written consent. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the Tenant's use of the Premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Property Premises must be altered to lawfully accommodate Tenant’s specific use and occupancy thereof; , such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that provided, that, the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property Premises to comply, with such laws, ordinances and regulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the PropertyBuilding, or unreasonably interfere interfere, with such tenants’ use of their respective premises. Without Landlord’s prior written consent, Tenant shall, shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall will not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s the insurance thereon void. (b) Anything void or increase the insurance rate thereof, and Tenant shall immediately cease and desist from such use, paying all cost and expense resulting from such improper use. Tenant shall not use or permit any use of the Premises in a manner which creates any safety or environmental hazard, or which would be dangerous to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstandingPremises. Also, Landlord acknowledges that other than subject to applicable law, Tenant will be using shall not use the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storagegeneration, use, and manufacture, refining, recycling, transportation, treatment, storage, discharge or disposal of any hazardous, toxic or polluting substance or waste or for any purpose which poses a substantial risk of damage to the environment and not engage in any activity which would subject Landlord, Tenant or the Premises to any liability, obligation or affirmative act under the provisions of any federal, state or local environmental law, regulation, order or ordinance, whether now existing or hereafter enacted, and Tenant shall indemnify, defend and hold Landlord harmless from all liabilities, obligations, costs and expenses (including, without limitation, any cleanup costs under any federal or state superfund-type statute) arising by reason of a breach of this covenant and the parties hereto specifically agree that this covenant shall survive the term of this Lease. Tenant shall provide to the landlord, at least thirty (30) days prior to Tenant's occupancy of the Premises, a list of all chemicals that it anticipates will be stored in the Premises or used in any manufacturing process to be conducted on the Premises and information on how such chemicals ill be handled, moved, stored, consumed and gases, Tenant agrees to obtain any and disposed in a manner that will comply with all licenses and permits and to abide by all governmental regulationsapplicable environmental laws. Tenant also agrees shall promptly send to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property Landlord an update for such list as needed to the emergency situationextent other additional chemicals are used in the process or stored in the Premises in the future.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in purposes set forth on the Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this LeasePages. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure or unreasonably annoy or disturb them, or which would cause any increase in premium allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s 's sole expense expense. Landlord shall cause the parking and shall sidewalk areas which comprise a portion of the Building to comply with all governmental laws, ordinances, and regulations and requirements during the Term of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulationsthis Lease. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any objectionable way increase the rate of, invalidate or unpleasant odorsprevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. (a) Tenant agrees that Tenant and its agents, smokeemployees, dustcontractors, gaslicensees, noise and invitees (collectively, the "Tenant Entities") shall not handle, use, manufacture, store or vibrations dispose of any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives (collectively "Hazardous Materials") on, under, or about the Premises, without Landlord's prior written consent (which consent shall not be unreasonably withheld as long as Tenant demonstrates and documents to emanate Landlord's reasonable satisfaction (i) that such Hazardous Materials (A) are necessary or useful to Tenant's business; and (B) will be used, kept, and stored in compliance with all applicable laws relating to any Hazardous Materials so brought or used or kept in or about the Premises; and (ii) that Tenant will give all required notices concerning the presence in or on the Premises or the release of such Hazardous Materials from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises). Tenant shallmay handle, not receivestore, store use or otherwise handle any productdispose of products containing small quantities of Hazardous Materials, material or merchandise which is explosive or highly flammable. products are of a type customarily found in offices and households (such as aerosol cans containing insecticides, toner for copies, paints, paint remover, and the like), provided that Tenant shall handle, store, use and dispose of any such Hazardous Materials in a safe and lawful manner and shall not permit allow such Hazardous Materials to contaminate the Premises to be used for any purpose (including, without limitation, or the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon voidenvironment. (b) Anything to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situation.

USE AND RESTRICTIONS ON USE. (a) The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in purposes stated on the Reference Data hereon and as further described in Paragraph 1(b) hereinbelow Page (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them or allow the Premises to be used for any insurance which Landlord may then have in effect with respect unlawful purpose. Tenant’s use and occupancy of the Premises shall be subject to the Property generallyterms and conditions of the Declaration of Restrictions dated July 15, 1982 and recorded in Deed Book 5299, Page 194 in the Office of the Clerk of Jefferson County, Kentucky, as amended (the “Declaration”), and Tenant shall comply with all terms and conditions of the Declaration applicable to Tenant’s use and occupancy of the Premises. In case Tenant shall not do, permit or suffer in, on, or about the Premises the sale of a breach of this covenant, in addition to all other remedies any alcoholic liquor without the written consent of Landlord hereunderfirst obtained, Tenant agrees to pay to Landlord as Additional Rent or the commission of any and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenantwaste. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in or nuisances arising out of Tenant’s specific use of upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Except that the existing restrooms are not ADA compliant, Landlord warrants and shall comply with all lawsrepresents that to the best of Landlord’s knowledge, ordinances, regulations and requirements as of the municipaldate of this Lease, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property Premises are in compliance with all applicable laws, codes, resolutions and regulations including but not limited to all applicable zoning and buildings codes. 2.1 Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance (collectively “Hazardous Materials”) subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the Premises to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for the Permitted Use; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land. Tenant shall at its own cost protect, defend, indemnify and expense obtain hold each and all of the Landlord Entities (as defined in Article 29) harmless from and against any and all licenses loss, claims, liability or costs (including court costs and permits necessary for any such use. The parking of automobilesattorney’s fees) (collectively, trucks or other vehicles in the areas not specifically designated for such, and the outside storage “Claims”) incurred by reason of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for actual or asserted failure of Tenant to complyfully comply with all applicable Environmental Laws, or alter the Property to complypresence, with such lawshandling, ordinances and regulations. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise disposition in or vibrations to emanate from the PremisesPremises of any Hazardous Materials (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or take by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section 2.1. Landlord represents and warrants that, to the best of its knowledge, as of the date of this Lease, the Building and the Premises are in compliance with all Environmental Laws and that, to the best of Landlord’s knowledge, there are no Hazardous Materials in, on or under the Building or the Premises except as permitted under any other action which would constitute a nuisance or would disturb or endanger any other tenants tenant’s lease and except for small quantities used for cleaning purposes. Landlord shall protect, defend, indemnify and hold each and all of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose Entities (including, without limitation, the storage of merchandiseas defined in Section 11.2) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything to the contrary contained in this Lease harmless from and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain against any and all licenses and permits and to abide Claims incurred by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use reason of these chemicals and gases from disturbing or endangering any Landlord’s breach of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection foregoing representation and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situationwarranty.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use allow the Premises to be used for any unlawful purpose or permit commit any waste. Tenant shall comply with all federal, state and city laws, codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the use of the Premises and its occupancy, or to the use, manner of use, occupancy, possession, operation, maintenance, alteration, repair or restoration of any of the Premises and with any easement agreement, covenants, restrictions and conditions, declarations, licenses and other than agreements listed as Permitted Encumbrances or as may hereafter affect the Premises (collectively, “Easement Agreements”) even if compliance therewith necessitates structural changes or improvements or results in interference with the use described in Paragraph 1(b) hereinbelow that would create or enjoyment of any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants of same, which would be disturbing to the other tenants or occupants of the Property, or which would cause any increase in premium for any insurance which Landlord may then have in effect with respect to the Property generally. In case of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of appurtenant land, caused or permitted by, or resulting from the use by, Tenant’s specific use of , or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and expense. Neither Landlord nor Tenant shall comply with all lawsalter, ordinancesmodify, regulations and requirements amend or terminate any Easement Agreement, give any consent or approval thereunder, or enter into any new Easement Agreement without, in each case, the prior written consent of the municipalother party, countywhich consent shall not be unreasonably withheld, state and federalconditioned or delayed. Tenant shall not be bound by any alterations, governments and modification or amendments to any and all departments thereof Easement Agreement or any new Easement Agreements entered into without Tenant’s consent. Landlord hereby acknowledges that Tenant may desire from time to time during the Term to apply for entitlements, seek rezoning, or otherwise endeavor to negotiate agreements with the governmental entities having jurisdiction over the Building and Project, including seeking modifications to the Property relating current conditional development permit issued by the City of Menlo Park necessary to such useincrease the number of employees and/or vehicle trips allowed on the Premises (collectively, the “Entitlements”). Tenant shall obtain any Entitlements at its own Tenant’s sole cost and expense obtain expense, subject to the limitations set forth herein. Tenant shall notify Landlord in writing of any and all licenses and permits necessary Entitlements that Tenant intends to seek for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for suchProject, and thereafter Tenant shall keep Landlord apprised in writing of the outside storage status of any property are prohibited without Landlord’s prior written consent. If, as its efforts in this regard on a result of any change in the governmental laws, ordinances reasonably regular basis (and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create event less frequently than every ninety (90) days during any liability against Landlord for failure of time that Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulationsis seeking Entitlements hereunder). Tenant shall not permit seek any objectionable Entitlements or unpleasant odors, smoke, dust, gas, noise or vibrations modifications to emanate from any Entitlements which will have a material adverse effect on the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants value of the PropertyProject without Landlord’s consent not to be unreasonably withheld, conditioned or unreasonably interfere delayed; provided, that, Landlord hereby consents to modifications to the current conditional development permit issued by the City of Menlo Park necessary to increase the number of employees and/or vehicle trips allowed on the Premises (including approving any mitigation measures or conditions of approval in connection therewith). Landlord shall respond to any such request for consent within ten (10) business days after receipt of request. If Landlord fails to respond within such ten (10) business day period, then Tenant may deliver a second written notice to Landlord requesting such consent which notice shall state in bold and all caps, “LANDLORD’S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL BE DEEMED TO BE LANDLORD’S CONSENT TO THE MATTERS SET FORTH HEREIN.” If Landlord fails to respond to such second written notice within five (5) business days after receipt thereof, then Landlord shall be deemed to have consented to such request. Landlord shall reasonably cooperate with Tenant to execute any applications for permits or approvals or other documents or consents related to the Entitlements (such tenants’ use of their respective premises. as development agreements) reasonably required by Tenant shall, not receive, store in connection with modifying any existing Entitlements or otherwise handle seeking new Entitlements to the extent permitted hereunder; provided that such cooperation shall be at no cost or expense to Landlord or any product, material or merchandise which is explosive or highly flammableLandlord Entities. Tenant shall promptly notify Landlord in writing of any Entitlements obtained by Tenant with respect to the Project. Landlord shall not permit modify any Entitlements or enter into any new Entitlements in any manner during the Term without the prior written consent of Tenant to be granted or withheld in Tenant’s sole and absolute discretion. Tenant covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, that this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any persons or group of persons, on account of race, color, creed, marital status, ancestry, religion, sex, or national origin, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment, of the Premises herein leased, nor shall the Tenant himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to be used for any purpose the selection, location, number, use, occupancy, or tenants, sublessees, subtenants, or vendees in the Premises of herein leased. Reference is made to Section II.C.2 of that certain San Francisco Bay Conservation and Development Commission Permit No. 26-78 issued on December 1, 1978, as amended through October 20, 1994 (AMENDMENT NO. FIVE) and recorded in the Official Records of the County of San Mateo as document number 94-170831 (the “BCDC Permit”), which BCDC Permit requires express reference in this Lease, including specific reference to the public access provisions (including, without limitation, Section I.A.3, II.B, and III. B) and the storage parking provisions (including, without limitation, Section I.A.8, II.B.4 and III.B) thereof. 1.2 Tenant shall not, and shall not direct, suffer or permit any of merchandiseits agents, contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time use, store, generate, treat, discharge, disburse, handle, manufacture, transport or dispose of (collectively, “Handle”) in or about the Project (collectively, “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively, “Environmental Laws”) in any manner which would render Landlordnot fully in compliance with all Environmental Laws, in, on or about the Project; provided that Tenant shall always Handle any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Project or appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 29) harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s and/or fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all applicable Environmental Laws with respect to the Project, or the presence, Handling, use or disposition in or from the Premises during the Term of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section 1.2. Tenant shall provide Landlord a copy of any Material Safety Data Sheet (MSDS) and any other permits, applications or written responses completed in connection with Tenant’s insurance thereon voidor any Tenant Entity’s Handling of Hazardous Materials at, on our about the Project and prepared by or on behalf of Tenant and furnished to applicable governmental agencies as required by or otherwise in compliance with any applicable Regulations. (b) Anything 1.3 Subject to the contrary contained terms of Article 17, upon prior written notice from Landlord, Tenant shall permit such persons as Landlord may designate from time to time (“Site Reviewers”) to visit the Premises, once per year or at any other time that Landlord, in its sole discretion, reasonably believes that the Premises or the Project have become contaminated with Hazardous Materials that must be removed under applicable Regulations or otherwise in breach of the provisions of this Lease (each, an “Environmental Violation”), and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using perform environmental site investigations and assessments (“Site Assessments”) on the Premises for an optoelectronic device epitaxy the purpose of determining whether there exists any Environmental Violation or any condition which could result in any Environmental Violation. Such Site Assessments may include both above and wafer fabrication operationbelow the ground testing for Environmental Violations and such other tests as may be necessary, in the opinion of the Site Reviewers, to conduct the Site Assessments. Tenant shall supply to the Site Reviewers such historical and operational information regarding the Premises as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments, and that such use is specifically permitted hereunder. Landlord further acknowledges that shall make available for meetings with the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal Site Reviewers appropriate personnel having knowledge of such chemicals matters. The cost of performing any Site Assessment that reveals any Environmental Violation shall be paid by Tenant within thirty (30) days following Landlord’s written demand, together with reasonable supporting documentation of such cost and gases, Tenant agrees to obtain any other Site Assessments performed by Landlord shall be at Landlord’s sole cost and all licenses expense and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In in the event of a chemical leak and/or spillany Environmental Violation by Tenant, Tenant agrees to have the appropriate detection shall, at Tenant’s sole cost and alarm systems per governmental regulations to alert all tenants expense, promptly perform any required or necessary investigation, repair, cleanup, or detoxification of the Property Premises and the Project to bring the same to its condition prior to the emergency situationoccurrence of the Environmental Violation, but in no event less than good condition.

USE AND RESTRICTIONS ON USE. (a) The Premises shall be continuously used and occupied by Tenant Tenant, but only in conformity with law and for the use specified in purpose listed on the Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), Page and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use or permit any use of the Premises other than the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants of same, which would be disturbing to the other tenants or occupants of the Property, or which would cause any increase in premium for any insurance which Landlord may then have in effect with respect to the Property generally. In case of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant shall promptly comply with all governmental orders, directives for the correction, prevention and abatement of any violations or nuisances arising out of Tenant’s specific use of the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and shall comply with all laws, ordinances, regulations and requirements of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of automobiles, trucks or other vehicles in the areas not specifically designated for suchPremises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for the outside storage correction, prevention and abatement of any property are prohibited without Landlord’s prior written consentviolations or nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Property Premises must be altered to lawfully accommodate Tenant’s specific 's use and occupancy thereof; , such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that provided, that, the necessity of Landlord’s 's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property Premises to comply, with such laws, ordinances and regulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or nor take any other action which would constitute a nuisance or permit any use which would disturb or endanger any other tenants adversely affect the reputation of the PropertyBuilding. Without Landlord's prior written consent, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall will not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s the insurance thereon void. (b) Anything to void or increase the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operationinsurance rate thereof, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage Tenant shall immediately cease and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with desist from such use, paying all cost and that expense resulting from such use generates odors, noise, and vibrations, all of which are permitted. In the storage, improper use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situation.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used solely for general office, software development, a quality assurance lab and occupied by Tenant only in conformity with law and for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow related purposes (the “Permitted UseUses”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, unreasonably annoy or disturb them, or which would cause any increase in premium allow the Premises to be used for any insurance which immoral or unlawful purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations or nuisances arising out of Tenant’s specific use of in the Building, the Premises, but not its mere occupancy thereofor appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, all at Tenant’s sole expense expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof unless, with respect to any increase in insurance rates, Tenant reimburses Landlord for such increase (the restrictions in the foregoing sentence shall not apply to any increases in insurance rates arising solely from Tenant’s occupancy of the Premises for general office purposes, as opposed to its particular use). 1.2 Tenant shall not, and shall comply with all lawsnot direct, ordinancessuffer or permit any of its agents, regulations and requirements contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the municipalPremises or the Building any (collectively “Hazardous Materials”) flammables, countyexplosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and federallocal laws and ordinances relating to the protection of the environment or the keeping, governments use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for the Permitted Uses; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 30) harmless from and against any and all departments thereof having jurisdiction over the Building loss, claims, liability or costs (including court costs and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage attorney’s fees) incurred by reason of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for actual or asserted failure of Tenant to complyfully comply with all applicable Environmental Laws, or alter the Property to complypresence, with such lawshandling, ordinances and regulations. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise disposition in or vibrations to emanate from the PremisesPremises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or take by reason of any other action which would constitute a nuisance actual or would disturb or endanger any other tenants asserted failure of the PropertyTenant to keep, observe, or unreasonably interfere with such tenants’ use perform any provision of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon voidthis Section 1. (b) Anything to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situation.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used solely for general office purposes to perform administrative services for Tenant, and occupied not for any retail operations or other business or governmental purpose of Tenant that may require or permit direct services to visitors, customers, invitees or licensees, including by Tenant only in conformity with law and for way of example only, the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow payment of bills on-site, delivery of food stamps or provision of case intake or management services, counseling or advising (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all federal, state and city laws, codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense. Landlord, at its expense (subject to Article 4), shall cause the Base Building (defined below) and shall the common areas of the Building to comply with all laws, ordinances, regulations Regulations (including the Americans with Disabilities Act (“ADA”)) in effect (and requirements as interpreted and enforced) as of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over Commencement Date to the Building and the Property relating to extent that (i) such use. Tenant shall at its own cost and expense obtain any and all licenses and permits compliance is necessary for any such use. The parking of automobiles, trucks or other vehicles Tenant to use the Premises for general office use in the areas not specifically designated a normal and customary manner and for such, and the outside storage of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant employees and visitors to comply, or alter the Property have reasonably safe access to comply, with such laws, ordinances and regulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take (ii) Landlord’s failure to cause such compliance would impose liability upon Tenant under Regulations; provided, however, that Landlord shall not be required to cause such compliance to the extent non-compliance (1) is triggered by any matter that is Tenant’s responsibility under this Article 1 or Article 6 or any other action which would constitute a nuisance or would disturb or endanger provision hereof, (2) arises under any other tenants provision of the PropertyADA other than Title III thereof, or unreasonably interfere with (3) requires Landlord to install new or additional mechanical, electrical, plumbing or fire/life safety systems, unless such tenants’ improvement is required on a Building-wide basis by applicable Law and without reference to the specific nature of Tenant’s use of their respective premisesand business in the Premises (other than general office use). Notwithstanding the foregoing, Landlord may contest any alleged violation in good faith, including by applying for and obtaining a waiver or deferment of compliance, asserting any defense allowed by Regulations, and appealing any order or judgment to the extent permitted by Regulations; provided, however, that, after exhausting any rights to contest or appeal, Landlord shall perform any work necessary to comply with any final order or judgment. The “Base Building” shall include the structural portions of the Building, the base Building electrical, heating, ventilation and air conditioning systems, and the public restrooms, elevators and exit stairwells. The judgment of any court of competent jurisdiction or the admission of Tenant shallin any judicial action, not receiveregardless of whether Landlord is a party thereto, store that Tenant has violated (or otherwise handle that, because of any productalterations, material additions or merchandise which is explosive improvements or highly flammableuse of the Premises other than general office use, a change to the Base Building or common areas has become required under) any of such applicable Regulations shall be conclusive of that fact as between Landlord and Tenant. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. 1.2 Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the “Tenant Entities” or individually, a “Tenant Entity”) to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any (collectively, “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (bsuch as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) Anything to the contrary contained in this Lease extent customary and necessary for the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using use of the Premises for an optoelectronic device epitaxy and wafer fabrication operationgeneral office purposes; provided that Tenant shall always handle, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storagestore, use, and disposal dispose of any such chemicals Hazardous Materials in a safe and gaseslawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant agrees to obtain shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 31) harmless from and against any and all licenses loss, claims, liability or costs (including court costs and permits attorney’s fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all applicable Environmental Laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section 1.2. Landlord hereby notifies Tenant that Landlord knows or has reasonable cause to believe that a release of Hazardous Materials has come to be located at, on or beneath the property on which the Building lies. As of the date hereof, to Xxxxxxxx’s actual knowledge, except with respect to the presence of asbestos at the Building, as described in that certain environmental report, prepared by ATC Environmental Inc., as of February 1997 (the “Environmental Report”), Landlord has not received written notice from any governmental agencies that the Building is in violation of any Environmental Laws. For purposes of this Section, “Xxxxxxxx’s actual knowledge” shall be deemed to mean and limited to abide by all governmental regulationsthe current actual knowledge of Xxx Xxxxx, Property Manager, and Xxxx Xxxxxxx, Asset Manager, for the Building, at the time of execution of this Lease and not any implied, imputed, or constructive knowledge of said individual or of Landlord or any parties related to or comprising Landlord and without any independent investigation or inquiry having been made or any implied duty to investigate or make any inquiries; it being understood and agreed that such individual shall have no personal liability in any manner whatsoever hereunder or otherwise related to the transactions contemplated hereby. Tenant also agrees shall not be liable for any cost or expense related to use all necessary precautions removal, cleaning, abatement or remediation of Hazardous Materials existing in the Premises prior to prevent the use of these chemicals and gases from disturbing or endangering date Landlord grants access to the Premises to Tenant, except to the extent that any of the foregoing results directly or indirectly from any act or omission by Tenant or any Tenant Entity causing the presence of such Hazardous Materials, or any Hazardous Materials is disturbed, distributed or exacerbated by Tenant or any Tenant Entity (which disturbance, distribution or exacerbation results in claims against or liability to Landlord or any other tenants party), provided further that, for purposes of this Section 1.2, Tenant, not Landlord, shall have the burden to prove with reasonable and unequivocal documentation that such Hazardous Materials were in fact preexisting in the Premises prior to the date Landlord granted access to the Premises to Tenant. Notwithstanding the foregoing, any Hazardous Materials located at the Premises and identified on the Environmental Report described above shall be considered preexisting at the Premises prior to the date Landlord granted access to the Premises to Tenant. 1.3 Tenant and the Tenant Entities will be entitled to the non-exclusive use of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants common areas of the Property Building as they exist from time to time during the emergency situationTerm, including the parking facilities, subject to Landlord’s rules and regulations regarding such use. However, in no event will Tenant or the Tenant Entities park more vehicles in the parking facilities than Tenant’s Proportionate Share of the total parking spaces available for common use. Subject to any rights given to Tenant in Article 30, below, the foregoing shall not be deemed to provide Tenant with an exclusive right to any parking spaces or any guaranty of the availability of any particular parking spaces or any specific number of parking spaces.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in purposes set forth on the Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this LeasePages. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all federal, state and city laws, codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Landlord will, at Landlord’s expense, perform all acts required to comply with all laws, ordinances, regulations and requirements Regulations in effect as of the municipaldate of this Lease and as interpreted and enforced in the county in which the Premises is located, county, state and federal, governments and any and all departments thereof having jurisdiction over with respect to the foregoing as the same affect the common areas of the Building and the Property relating Premises. Landlord will perform all acts required to comply with Regulations in effect (and as interpreted and enforced) after the date of this Lease with respect to the common areas only and such usecosts shall be a part of Expenses as provided in Article 4 of this Lease. Tenant Notwithstanding the foregoing, Landlord shall at its own cost and expense obtain have the right to contest any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage alleged violation of any property are prohibited without Landlord’s prior written consent. IfRegulations in good faith, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, the storage right to apply for and obtain a waiver or deferment of merchandise) in compliance, the right to assert any manner which would render and all defenses allowed by law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Regulations. Landlord’s and/or Tenant’s insurance thereon void. (b) Anything , after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment, provided that if Landlord elects not to contest any alleged violation, Landlord will promptly make necessary all repairs, additions, alterations or improvements. Notwithstanding anything to the contrary contained herein, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in this Lease connection with the specific nature of Tenant’s business in the Premises (other than general office use), the acts or omissions of Tenant, its agents, employees or contractors, Tenant’s arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant (including the Initial Alterations described on Exhibit B hereto) and any design or configuration of the Premises. 1.2 Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any (collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and, if the same may affect or impact the Building and/or the parcel of land upon which the Building is located, or any portions of land benefiting the foregoing by easement, license or other similar rights, any appurtenant land, or allow the environment to become contaminated with any Hazardous Materials if the same may affect or impact the Building and/or the parcel of land upon which the Building is located, or any portions of land benefiting the foregoing by easement, license or other similar rights. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using like) to the extent customary and necessary for the use of the Premises for an optoelectronic device epitaxy and wafer fabrication operationgeneral office purposes; provided that Tenant shall always handle, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storagestore, use, and disposal dispose of any such chemicals Hazardous Materials in a safe and gaseslawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant agrees to obtain shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 30) harmless from and against any and all licenses loss, claims, liability or costs (including court costs and permits attorney’s fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all applicable Environmental Laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section 1.2. As of the date hereof, Landlord has not received notice from any governmental agencies that the Building is in violation of any Environmental Laws. Further, to Landlord’s actual knowledge, there are no Hazardous Materials at the Building other than small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to abide by all governmental regulations. Tenant also agrees to use all the extent customary and necessary precautions to prevent for the use of these chemicals the Premises for general office purposes. For purposes of this Section, “Landlord’s actual knowledge” shall be deemed to mean and gases from disturbing or endangering any limited to the current actual knowledge of Nxxxxx Xxxxxx, Property Manager for the Building, at the time of execution of the other tenants Lease and not any implied, imputed, or constructive knowledge of said individual or of Landlord or any parties related to or comprising Landlord and without any independent investigation or inquiry having been made or any implied duty to investigate or make any inquiries; it being understood and agreed that such individual shall have no personal liability in any manner whatsoever hereunder or otherwise related to the transactions contemplated hereby. 1.3 Tenant and the Tenant Entities will be entitled to the non-exclusive use of the Property In common areas of the event of a chemical leak and/or spillBuilding as they exist from time to time during the Term, Tenant agrees including the parking facilities, subject to have Landlord’s reasonable rules and regulations regarding such use. The rules and regulations shall be generally applicable, and generally applied in the appropriate detection and alarm systems per governmental regulations same manner, to alert all tenants of the Property Building. However, in no event will Tenant or the Tenant Entities park more vehicles in the parking facilities than Tenant’s Proportionate Share of the total parking spaces available for common use. The foregoing shall not be deemed to provide Tenant with an exclusive right to any parking spaces or any guaranty of the emergency situationavailability of any particular parking spaces or any specific number of parking spaces.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used solely for general office purposes (including without limitation an employee break room, lunch room, training facilities, a physical fitness facility, an automatic teller machine located inside the Premises, and occupied other legal uses incidental to a financial services businesses which are compatible with a Class A office environment). Landlord acknowledges that for purposes of this Lease, general office purposes includes without limitation call center and other similar configurations consistent with the space plans provided to Landlord by Tenant only in conformity with law and for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all prior to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach date of this Lease. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or unreasonably interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyProject or injure or unreasonably disturb them, or which would cause any increase in premium allow the Premises to be used for any insurance which unlawful purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Project or nuisances arising out of Tenant’s appurtenant land, caused, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Project or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Project or any part thereof, unless Tenant pays the increase in cost associated therewith. Notwithstanding the foregoing, nothing in this Lease shall be construed as requiring Tenant to be responsible for any legal requirements applicable to the structural portions of the Premises, any restrooms within the Building (other than restrooms constructed by or at the special request of Tenant) or the mechanical, electrical, plumbing or HVAC systems, unless the failure to comply with any such legal requirements is caused by Tenant. Landlord has not and will not, during the Term of this Lease, impose any agreements or restrictions on the Project which prohibit or unreasonably interfere with Tenant’s use of the Premises for the uses permitted under this Lease. 1.2 Tenant shall not, and shall comply with all lawsnot direct, ordinancessuffer or permit any of its agents, regulations and requirements contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the municipalPremises or the Project any (collectively “Hazardous Materials”) flammables, countyexplosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and federallocal laws and ordinances relating to the protection of the environment or the keeping, governments use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Project and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Project and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 31) harmless from and against any and all departments thereof having jurisdiction over the Building loss, claims, liability or costs (including court costs and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage attorney’s fees) incurred by reason of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for actual or asserted failure of Tenant to complyfully comply with all applicable Environmental Laws, or alter the Property presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to complykeep, with such lawsobserve, ordinances and regulationsor perform any provision of this Section 1.2. Tenant shall not permit any objectionable have no responsibility for pre-existing Hazardous Materials conditions or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take Hazardous Materials conditions caused by any other action party so long as such party is not operating by, through or under Tenant. An entity related to Landlord has caused a Phase I environmental site assessment to be performed with respect to the “Domain” real estate development project, which would constitute a nuisance includes the land on which the Project is located. To the current actual knowledge of Landlord, (i) no Hazardous Materials are present on the Property or would disturb the soil, surface water or endanger groundwater thereof, (ii) no underground storage tanks are present on the Property, and (iii) no action, proceeding or claim is pending or threatened regarding the Property concerning any other tenants Hazardous Materials or pursuant to any environmental Law. Notwithstanding the foregoing, under no circumstances shall Tenant be liable for any losses, costs, claims, liabilities and damages (including attorneys’ and consultants’ fees) of any type or nature, directly or indirectly, arising out of or in connection with any Hazardous Materials present at any time on or about the Property, or unreasonably interfere with the soil, air, improvements, groundwater or surface water thereof, or the violation of any laws relating to any such tenants’ use Hazardous Materials, except to the extent that any of their respective premisesthe foregoing actually results from the release of Hazardous Materials by Tenant or by any agent, employee or other party acting by, through or under Tenant in violation of applicable environmental laws. Tenant shall, not receive, store Landlord agrees that Landlord will correct or otherwise handle remedy any product, material or merchandise pre-existing Hazardous Materials condition which is explosive or highly flammable. Tenant shall not permit was in place and affecting the Premises to be used for any purpose (includingon the Lease Reference Date if such condition substantially increases the cost of completing the Tenant Improvements, without limitationsubstantially delays the completion of the Tenant Improvements, the storage of merchandise) in any manner which would render Landlord’s and/or has a materially adverse affect on Tenant’s insurance thereon void. (b) Anything ability to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using utilize the Premises for an optoelectronic device epitaxy the intended purposes permitted under Section 1.1 of this Lease, creates a substantial health risk to occupants or if such cure or correction is required by any applicable governmental or regulatory authority with jurisdiction over the Premises. 1.3 Tenant and wafer fabrication operationthe Tenant Entities will be entitled to use the common areas of the Project as they exist from time to time during the Term, including the parking facilities, subject to Landlord’s rules and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with regulations regarding such use. However, and that such use generates odors, noise, and vibrations, all of which are permitted. In in no event will Tenant or the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent Entities park more vehicles in the use of these chemicals and gases from disturbing or endangering any Parking Facilities (hereinafter defined) than Tenant’s Proportionate Share of the other tenants of the Property In the event of a chemical leak and/or spill, total parking spaces available for common use. The foregoing shall not be deemed to provide Tenant agrees with an exclusive right to have the appropriate detection and alarm systems per governmental regulations any parking spaces; subject to alert all tenants of the Property Tenant’s right to the emergency situation.reserved parking as described in Section 30.3.2

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Leasegeneral office purposes. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all federal, state and city laws, codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Nothing herein shall require Tenant to perform any alterations, additions or improvements which are necessary to comply with Regulations with respect to the common areas, unless such compliance arises directly out of the performance of work by or on behalf of Tenant in the Premises or Tenant’s use of the Premises for purposes other than the Permitted Use. In addition, nothing herein shall require Tenant, with respect to the common areas or the Premises, to comply with Regulations which require structural alterations, capital improvements or the installation of new or additional mechanical, electrical, plumbing or fire/life safety systems on a Building-wide basis unless it arises out of the performance of work by or on behalf of Tenant in the Premises or Tenant’s use of the Premises for purposes other than the Permitted Use. Landlord will, at Landlord’s expense (except to the extent properly included in Expenses), perform all acts required to comply with such Regulations with respect to the foregoing as the same affect the Premises and the Building. As of the date hereof, Landlord has not received notice from any governmental agencies that the Building is in violation of Title III of the Americans with Disabilities Act. 1.2 Tenant shall not, and shall comply with all lawsnot direct, ordinancessuffer or permit any of its agents, regulations and requirements contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the municipalPremises or the Building any (collectively, county“Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and federallocal laws and ordinances relating to the protection of the environment or the keeping, governments use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 31) harmless from and against any and all departments thereof having jurisdiction over the Building loss, claims, liability or costs (including court costs and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage attorney’s fees) incurred by reason of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for actual or asserted failure of Tenant to complyfully comply with all applicable Environmental Laws, or alter the Property presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to complykeep, with observe, or perform any provision of this Section 1.2. Landlord hereby notifies Tenant that Landlord knows or has reasonable cause to believe that a release of Hazardous Materials has come to be located at, on or beneath the property on which the Building lies. 1.3 Tenant and the Tenant Entities will be entitled to the non-exclusive use of the common areas of the Building as they exist from time to time during the Term, including the Parking Facility (as defined in Article 30 below), subject to Landlord’s rules and regulations regarding such lawsuse. However, ordinances and regulationsin no event will Tenant or the Tenant Entities be entitled to monthly parking passes to park more vehicles in the Parking Facility than Tenant’s Proportionate Share of the total parking spaces available in the Parking Facility. As of the date of this Lease, Tenant’s Proportionate Share of the total parking spaces available in the Parking Facility is thirty-two (32) parking spaces. In addition to the foregoing parking spaces, Tenant or Tenant Entities may, subject to availability, use additional parking spaces in the Parking Facility (on a daily, first-come, first-serve basis) at the daily parking rate applicable to users of such parking spaces; provided, however, that in no event shall the foregoing be deemed to obligate Landlord to provide additional daily parking. The foregoing shall not permit be deemed to provide Tenant with an exclusive right to any objectionable parking spaces or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants guaranty of the Property, availability of any particular parking spaces or unreasonably interfere with such tenants’ use any specific number of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon voidparking spaces. (b) Anything to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situation.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used solely for general office, light assembly and occupied by Tenant only in conformity with law and for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Leaseengineering laboratory purposes. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which Landlord may then have in effect with respect to improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Property generally. In case Premises the sale of a breach of this covenant, in addition to all other remedies any alcoholic liquor without the written consent of Landlord hereunderfirst obtained. To the extent within its reasonable control as a tenant, Tenant agrees shall comply with all governmental laws, ordinances and regulations applicable to pay to Landlord as Additional Rent any its specific use of the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and expense, provided, however, that Tenant shall comply have no responsibility for compliance with all any governmental laws, ordinances, regulations and requirements regulations, orders or directions for modifications to the Building or the appurtenant land which apply to office use generally. Tenant will have no liability for the cost of any alterations or modification required to comply with laws applicable to the Premises as of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over date of deliver of possession of the Building and Premises to Tenant if the Property relating Premises were not in compliance with such laws on such date except to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage of any property are prohibited without Landlord’s prior written consent. If, extent that compliance is required as a result of work performed by Tenant on the Premises or as a result of Tenant’ s specific use or operations. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any change way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Compliance with Environmental Laws (as hereinafter defined) is governed by Section 1.2 and not this Section 1.1. 1.2 Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any (collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the governmental lawsPremises or the Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing. Tenant may handle, ordinances store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and regulations, the Property must be altered like) to lawfully accommodate Tenant’s specific the extent customary and necessary for the use thereof; such alterations shall be made only with of the consent of Landlord, but the entire cost thereof shall be borne by TenantPremises for general office purposes; provided that Tenant shall always handle, store, use. and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the necessity Premises. Building and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold each and all of Landlordthe Landlord Entities (as defined in Article 30) harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s consent shall in no way create fees) incurred by reason of any liability against Landlord for failure of Tenant to complyfully comply with all applicable Environmental Laws, or alter the Property presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any failure of Tenant to complykeep, with such lawsobserve, ordinances and regulationsor perform any provision of this Section 1.2. Tenant shall not permit any objectionable will have no liability for compliance with laws relating to Hazardous Materials in, under or unpleasant odors, smoke, dust, gas, noise about the Building or vibrations to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, unless the storage presence of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstandingwas caused by Tenant or any Tenant Entity. 1.3 Tenant and the Tenant Entities will be entitled to the non-exclusive use of the common areas of the Building as they exist from time to time during the Term, including the parking facilities at a ratio no less than as set forth in Section 40 below, subject to Landlord’s reasonable rules and regulations regarding such use. However, in no event will Tenant or the Tenant Entities park more vehicles in the parking facilities than Tenant’s Proportionate Share of the total parking spaces available for common use. The foregoing shall not be deemed to provide Tenant with an exclusive right to any parking spaces or any guaranty of the availability of any particular parking spaces or any specific number of parking spaces, provided, however, Landlord acknowledges that Tenant will be using the Premises shall initially make available on an unreserved, first-come-first-served basis 306 parking spaces (i.e. 3.5 parking spaces for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use each 1,000 square feet of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any rentable area of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situationPremises).

USE AND RESTRICTIONS ON USE. (a) The Premises shall are to be used and occupied solely for purposes allowed as-of-right by Tenant only in conformity with law and for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental theretoTown of Bedford zoning regulations, all only to the extent permitted by other applicable zoning regulationslaw (collectively, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease“Permitted Uses”). Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyPark or materially adversely disturb them, or which would cause any increase in premium allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Notwithstanding anything to the contrary set forth in Section 18.1.2 of this Lease, in the event that Landlord reasonably believes that Tenant is materially adversely disturbing other tenants or occupants of the Park, then Landlord may send written notice to Tenant reasonably detailing the nature of such disturbance and if Tenant fails to cease such disturbance within five (5) days (forthwith, if the disturbance involves a hazardous condition) after written notice of such disturbance to Tenant (provided, however, that such disturbance shall not be an event of default if such disturbance could not reasonably be ceased during such five (5) day period, Tenant has commenced the cure within such five (5) day period and thereafter is diligently pursuing such cure to completion, but the total aggregate cure period shall not exceed fifteen (15) days), then have in effect such failure to cease such disturbance shall constitute an Event of Default (as hereinafter defined). Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Buildings or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and shall comply with all laws, ordinances, regulations and requirements of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulationsexpense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any objectionable way increase the rate of, invalidate or unpleasant odorsprevent the procuring of any insurance protecting against loss or damage to the Buildings or any of their contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Buildings or any part thereof. Following (a) the Commencement Date, smoke, dust, gas, noise or vibrations with respect to emanate from the Pre-Expansion Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. and (b) Anything the Expansion Premises Commencement Date, with respect to the contrary contained in this Lease Expansion Premises, Tenant shall be responsible for ensuring that the Premises comply with the Americans With Disabilities Act of 1990, and any amendments thereto (the “ADA”), at Tenant’s sole cost and expense; provided, that, Landlord shall deliver the Pre-Expansion Premises and the Hazardous Materials Addendum hereto notwithstandingExpansion Premises to Tenant in compliance with the ADA. Subject to emergencies, Landlord acknowledges Landlord’s after-hours security measures and events beyond Landlord’s reasonable control, Tenant shall have access to the Premises on a twenty-four (24) hour per day, seven (7) day per week basis; provided, however, that Tenant will shall be using responsible for furnishing its own security for the Premises for an optoelectronic device epitaxy at Tenant’s sole cost and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situationexpense.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in purposes set forth on the Reference Data hereon Pages. Landlord represents and as further described in Paragraph 1(b) hereinbelow (warrants that the “Permitted Use”)Building is zoned for general office purposes, laboratory, research assembly, sales, and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenantstorage, and Landlord shall have that no recorded restrictions prohibit any of the right to exercise any or all remedies provided herein in the event of a breach of this Leaseforegoing. Tenant shall not use do or permit anything to be done by any use Tenant Entities (defined below) in or about the Premise which will in any way obstruct or interfere with the rights of the Premises other than the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure or disturb them, or which would cause any increase in premium allow the Premises to be used for any insurance which unlawful purpose or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense expense; provided, however, that nothing in this Lease shall require Tenant to make any alterations to the Premises to comply with such laws unless such compliance is required solely due to Tenant’s particular use of the Premises or alterations that Tenant is making to the Premises (other than the Tenant Improvements, which are separately covered in Exhibit B). Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of (unless Tenant pays such increase), invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Tenant shall have access to the Premises 24 hours per day, 7 days a week. 1.2 Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any (collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials released by any Tenant Entity. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general officer purposes; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 30) harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s fees) to the extend incurred by reason of any actual or asserted failure of Tenant to fully comply with all applicable Environmental Laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section 1.2; provided, however, that Tenant’s liability for any remediation costs shall be limited to the cost of remediation required by law. Notwithstanding anything in this Lease to the contrary, under no circumstance shall Tenant be liable for any Hazardous Material present at any time on or about the Building, or the soil, air, improvements, groundwater or surface water thereof or the violation of any laws, ordinancesorders or regulations, regulations and requirements relating to any such Hazardous Material, except to the extent that any of the municipalforegoing actually results from the use, countyrelease or emission of Hazardous Material by Tenant or any Tenant Entities. 1.3 Notwithstanding the provisions of Section 1.2, state Landlord agrees that Tenant may use Hazardous Materials in the normal course of its business, with prior notice to Landlord, but without Landlord’s consent as long as Tenant demonstrates and federaldocuments to Landlord’s reasonable satisfaction (i) that such Hazardous Materials (a) are necessary or useful to Tenant’s business; (b) will be used, governments kept, stored and any and disposed of in compliance with all departments thereof having jurisdiction over the Building and the Property laws relating to any Hazardous Materials so brought or used or kept in or about the Premises; (c) will not pose an imminent danger to persons or property; and (d) Tenant remediates the presence of any such useHazardous Materials to the extent required by law; and (ii) that Tenant will give all required notices concerning the presence in or on the Premises or the release of such Hazardous Materials from the Premises. Pursuant to the preceding sentence, Tenant has notified Landlord of Tenant’s intent to use the Hazardous Materials of the types, amounts, and use identified in the Hazardous Materials Exhibit attached hereto as Exhibit H and Landlord has agreed that the use of such Hazardous Materials is within the scope of the preceding sentence. Tenant covenants to comply with the use restrictions shown on the attached Hazardous Materials Exhibit. Tenant has provided, or will provide, Landlord with copies of the Material Safety Data Sheets (as required by the Occupational Safety and Health Act) relating to all Hazardous Materials listed on the Hazardous Materials Exhibit and will provided such Sheets to Landlord for any other Hazardous Materials for which Tenant notifies Landlord Tenant desires to add to the Hazardous Materials Exhibit. Landlord may at any time upon reasonable prior notice, enter upon the Premises to review Tenant’s Material Safety Data Sheets or to obtain samples from the Premises, including without limitation the soil and groundwater under the Premises, for the purposes of analyzing the same to determine whether and to what extent the Premises or the environment may have become contaminated by Hazardous Materials. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary reimburse Landlord for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage costs of any property are prohibited inspection, sampling and analysis that discloses contamination which Tenant has caused. Tenant may not perform any sampling, testing or drilling to locate any Hazardous Materials on the Premises without Landlord’s prior written consent. If. 1.4 Landlord represents that, except as a result set forth on the Phase I environmental report provided to Tenant, to the actual knowledge of any change in the governmental lawsXxxx Xxxxx, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity after reasonable inquiry of Landlord’s consent records and of Landlord’s personnel who could reasonably be expected to have knowledge of such matters, (a) no Hazardous Material is present on the Building or the soil, surface water or groundwater thereof, (b) no underground storage tanks are present on or about the Building, and (c) no action, proceeding or claim is pending or threatened regarding the Building concerning any Hazardous Material or pursuant to any Environmental Law. Upon Tenant’s request, Landlord will provide Tenant with an opportunity to review at Landlord’s manager’s office any existing Phase I environmental assessments or other environmental reports relating to the Building. Notwithstanding anything herein to the contrary, Landlord shall in no way create any liability against Landlord be responsible for failure of Tenant to complyHazardous Materials which existed on, under, or alter within the Property Building (unless brought onto or permitted to complyenter on, with such laws, ordinances and regulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premisesin, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit under the Premises to be used for or the Building by Tenant or any purpose (includingTenant Entity), including without limitation, the storage responsibility for removing, remediating, or otherwise mitigating the effects of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything to the contrary contained in this Lease and the such Hazardous Materials Addendum hereto notwithstandingas may be required by law to protect health and safety, or comply with the direction of governmental agencies administering applicable Environmental Laws. In addition, Landlord acknowledges that Tenant will be using shall comply with all environmental laws pertaining to and governing the Premises for an optoelectronic device epitaxy and wafer fabrication operationexistence, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage removal, remediation, exposure to, and use of highly toxicHazardous Materials by Landlord at the Building; provided, explosivehowever, flammablethat nothing in this Section shall impose upon Landlord any responsibility for any existing Hazardous Materials negligently disturbed or negligently exacerbated by Tenant or any Tenant Entity. 1.5 Tenant and the Tenant Entities will be entitled to the non-exclusive use of the common areas of the Building as they exist from time to time during the Term, including the parking facilities, subject to Landlord’s rules and corrosive gases and chemicals are required in connection with regulations regarding such use. However, and that such use generates odors, noise, and vibrations, all in no event will Tenant or the Tenant Entities park more vehicles in the parking facilities than the number of which are permittedparking spaces specified in the Reference Pages. In the storage, use, and disposal of such chemicals and gases, The foregoing shall not be deemed to provide Tenant agrees with an exclusive right to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing parking spaces or endangering any guaranty of the other tenants availability of the Property In the event any particular parking spaces or any specific number of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situationparking spaces.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used solely for general office purposes and occupied by Tenant only in conformity with law and for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be uses reasonably incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all federal, state and city laws, codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and expense. Tenant shall comply not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Tenant shall not bring upon the Premises or any portion of the Building or use the Premises or permit the Premises or any portion thereof to be used for the growing, manufacturing, administration, distribution (including without limitation, any retail sales), possession, use or consumption of any cannabis, marijuana or cannabinoid product or compound, regardless of the legality or illegality of the same. Subject to emergency, compliance with all lawsapplicable governmental requirements, ordinanceslaws and ordinances and the terms of this Lease, regulations and requirements of the municipal, county, state and federal, governments compliance with all Rules and any and all departments thereof having jurisdiction over causes outside of the reasonable control of Landlord, Tenant shall have access to the Premises, the Building and the Property Parking Facility (as defined in Section 30.1) on a twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year throughout the Term. Landlord has not received written notice from any governmental authority that the Building or the Premises is in violation of any applicable Regulations as of the date of this Lease. 1.2 Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any (collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant shall at its own cost protect, defend, indemnify and expense obtain hold each and all of the Landlord Entities (as hereinafter defined) harmless from and against any and all licenses loss, claims, liability or costs (including court costs and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage attorney’s fees) incurred by reason of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to complyfully comply with all applicable Environmental Laws, or alter the Property presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any failure of Tenant to complykeep, observe, or perform any provision of this Section 1.2. Landlord has not received written notice from any governmental authority that the Building or the Premises is in violation of any Environmental Laws as of the date of this Lease. 1.3 Tenant and the Tenant Entities will be entitled to the non-exclusive use of the common areas of the Building as they exist from time to time during the Term, including the parking facilities, subject to the Rules (as defined in Section 16) and the Parking Rules (as defined in Section 30.1.2) regarding such use. However, in no event will Tenant or the Tenant Entities park more vehicles in the parking facilities than in the number and type of parking spaces set forth on the Reference Pages of this Lease. The foregoing shall not be deemed to provide Tenant with an exclusive right to any particular parking spaces. 1.4 Subject to the terms and conditions of this Section 1.4, Tenant shall have the exclusive right to use the balcony immediately adjacent and connected to the Premises (the “Balcony”). For all purposes under this Lease, with such lawsthe exception of the square footage of the Premises and the payment of Annual Rent, ordinances the Premises shall be deemed to include the Balcony and regulationsall provisions of the Lease, including, without limitation, the indemnification provisions set forth in Article 10, the insurance provisions set forth in Article 11 and the Rules, shall apply to Tenant’s use and occupancy of the Balcony. Tenant shall not use the Balcony as a designated outdoor smoking area or for the storage of Tenant’s personal property. Tenant shall not permit any objectionable to occur on the Balcony: (i) smoking or unpleasant odorsother odor-causing activities or the use of cigarettes or other odor-causing devices, smoke, dust, gas, noise (ii) the playing of music or vibrations to emanate from the Premisesuse of sound amplification devices, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of (iii) the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shalllights or other light-generating devices, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. except that Tenant shall not permit have the Premises right to be used for any purpose use lights or other light generating devices (including, without limitation, landscape lighting) that (x) comply with applicable Regulations and (y) do not generate beams of light other effects intended to be observed from outside of the storage of merchandise) in any manner which would render Landlord’s and/or Building. Tenant shall, at Tenant’s insurance thereon voidsole cost and expense, be responsible for keeping the Balcony in a clean, neat and sanitary condition reasonably acceptable to Landlord. Tenant shall not use the Balcony in a manner that unreasonably interferes with the use and occupancy of other tenants or occupants of the Building, and, in the event of such unreasonable interference, Tenant shall, promptly following written notice from Landlord (which notice may be provided by email), cease such activities causing the unreasonable interference. Tenant shall be entitled to install and maintain during the Term, at Tenant's cost, planters and exterior furniture for use by the Tenant Entities. Any planters or exterior furniture to be installed by Tenant in the Patio Area shall be subject to Landlord’ prior written approval, which approval shall not be unreasonably withheld. Tenant shall, at Tenant's sole cost and expense, be solely responsible for the use, the maintenance and repair of any such planters or exterior furniture, and Landlord shall have no responsibility therefor. All planters must be kept watertight, and none of the planters or exterior furniture shall be allowed to be visible from the street outside the Building. During any period of severe wind conditions, Tenant shall take all reasonable steps to cause any such planters and exterior furniture to be adequately secured or placed inside of the Premises. Except to the extent caused by the gross negligence or willful misconduct of Landlord or any Landlord Entities, Tenant hereby expressly acknowledges and agrees that Landlord shall not be liable to Tenant or any of the Tenant Entities for injuries received while using the Balcony, and Tenant hereby expressly assumes the risk thereof as to all Tenant Entities and their respective guests and invitees. The failure of Tenant to comply with the terms and provisions of this Section 1.4 shall entitle Landlord to, promptly following written notice to Tenant, terminate Tenant’s right to use the Balcony, and, upon such termination, Tenant shall immediately cease all such use. (b) Anything to the contrary contained 1.5 Notwithstanding anything in this Lease and to the Hazardous Materials Addendum hereto notwithstandingcontrary, Landlord acknowledges that Tenant will be using the Premises Landlord, for an optoelectronic device epitaxy and wafer fabrication operationvaluable consideration, receipt of which is hereby acknowledged, does hereby sell, assign, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrationstransfer unto Tenant, all of which are permittedLandlord’s right, title and interest in and to the furniture located in the Premises as of the Possession Date and being more particularly described on Exhibit E attached hereto (collectively, the “Existing Furniture”). In This conveyance is made by Landlord and accepted by Tenant without any warranty whatsoever, either express or implied, other than Landlord’s warranty with respect to title, relating to the storageExisting Furniture including, usewithout limitation, any warranties as to condition, merchantability or fitness for any particular use or purpose. Tenant hereby expressly acknowledges and agrees that Tenant shall be responsible, at its sole cost and expense, for the maintenance, repair, replacement and/or disposition of the Existing Furniture during the Term, to the extent desired by Tenant, and disposal of such chemicals and gases, Tenant agrees to obtain any and shall remove all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants Existing Furniture from the Premises on or prior to the expiration or earlier termination of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situationTerm.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law solely for the purposes set forth on the Reference Pages and for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such no other lawful purposes as uses without Landlord's prior written consent which may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by withheld in Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease's sole discretion. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s 's sole expense and expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Landlord will, at Landlord's expense, perform all acts required to comply with all laws, ordinances, rules or regulations and requirements in effect as of the municipaldate of this Lease and as interpreted and enforced in the county in which the Premises is located, countywith respect to the foregoing as the same affect the Premises and the Building. Landlord will perform all acts required to comply with laws, state and federal, governments and any and all departments thereof having jurisdiction over rules or regulations in effect after the date of this Lease with respect to the foregoing as the same affect the Building and the Property relating common areas and such costs shall be a part of Expenses as provided in Article 4 of this Lease. Landlord will perform all acts required to comply with laws, rules or regulations in effect after the date of this Lease with respect to the foregoing as the same affect the Premises and such costs shall be the sole responsibility of Tenant. To the extent the foregoing is a cost that is the responsibility of Tenant as provided herein, Tenant shall pay to Landlord, within 10 days following Landlord's written demand therefor, which demand shall be accompanied by documented evidence reasonably acceptable to Tenant reflecting all such costs, the costs and expenses related to such use. Tenant shall at its own cost and expense obtain compliance work, plus any and all licenses and permits necessary for third-party costs actually incurred by Landlord in connection with such work. Notwithstanding the foregoing, Landlord shall have the right to contest any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage alleged violation of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulationsrule or regulation in good faith, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, the storage right to apply for and obtain a waiver or deferment of merchandise) in compliance, the right to assert any manner which would render and all defenses allowed by law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by law. Landlord’s and/or Tenant’s insurance thereon void. (b) Anything , after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment, provided that if Landlord elects not to contest any alleged violation, Landlord will promptly make necessary all repairs, additions, alterations or improvements. Notwithstanding anything to the contrary contained in this Lease and herein, Tenant, not Landlord, shall be responsible for the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges correction of any violations that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use arise out of highly toxic, explosive, flammable, and corrosive gases and chemicals are required or in connection with such the specific nature of Tenant's business in the Premises (other than general office use), the acts or omissions of Tenant, its agents, employees or contractors, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant and any design or configuration of the Premises. 1.2 Tenant shall not, and that such use generates odorsshall not direct, noisesuffer or permit any of its agents, and vibrationscontractors, all of which are permitted. In employees, licensees or invitees (collectively, the storage"Tenant Entities") to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any (collectively "Hazardous Materials") flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and disposal local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing laws or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situation.ordinances

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Leasegeneral office purposes. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all governmental laws, ordinances, regulations, mandates and directives (the “Legal Requirements”) applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense expense. Landlord shall, as part of Expenses, maintain the common areas of the Building, the structural elements of the Building and the base building systems serving the Building in general in compliance with applicable Legal Requirements. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Notwithstanding anything in this Lease to the contrary, Tenant shall not be obligated to make structural repairs or alterations to the Premises in order to comply with any Legal Requirements unless the need for such repairs or alterations arises from the specific manner and nature of Tenant’s use or occupancy of the Premises (as distinguished from mere general office use or requirements being imposed on a building-wide basis to all tenants in the Building), the manner of conduct of Tenant’s business or operation of its installations, equipment or other property therein (to the extent in excess of or inconsistent with the normal conduct of a general office use), any condition created by or at the instance of the Tenant, including, without limitation, Tenant’s Work and/or any other Alterations made by Tenant if and to the extent that such Tenant’s Work and/or Alterations are not, in Landlord’s sole but reasonable discretion, of a nature customarily performed by tenants of comparable size in comparable buildings in the Cambridge area, or a breach by Tenant of any provisions of this Lease. Subject to Tenant first obtaining all necessary governmental permits and approvals and Landlord’s approval of Tenant’s plans and specifications therefor, Tenant shall have the right, as part of the Tenant’s Work and at Tenant’s sole cost and expense, to construct, fixture and furnish an outdoor roof terrace in a location on the 14th floor roof immediately adjacent to the Premises (the “Roof Terrace”) in a location and of a size approved by Landlord in Landlord’s sole but reasonable discretion. The Roof Terrace will be a minimum of 400 square feet and the size and occupancy capacity must not exceed what the applicable building code allows based on there being only one means of egress to the Premises. There will be a 5-foot buffer zone between the deck railing and the existing parapet walls to allow unlimited access to the davit arm receivers. All deck railings shall be constructed in a manner that shall not impede the use of the roof anchor system and safety lines. All roof penetrations shall be coordinated with the Building’s designated roofing contractor and all repairs will be in compliance with the existing roof warranty. Improvements to the Roof Terrace must be modular to enable access to the roof deck for repairs. Subject to compliance with all applicable Laws, and provided and so long as Tenant leases the entire 14th Floor Premises initially leased hereunder (collectively, the “Roof Terrace Threshold”), Tenant will have the exclusive right, at no additional rental charge, to access and use the Roof Terrace for outdoor seating and other outdoor activities ancillary to Tenant’s office uses of the Premises. Landlord may require that Tenant, at Tenant’s sole cost and expense, contract with Landlord’s roof contractor to ensure that the roof warranty for the Building is not invalidated or adversely affected and to provide Landlord with a certification to such effect following installation of the Roof Terrace. Tenant shall have the right to install, at Tenant’s sole cost and expense, tables, chairs, and other furniture in the Roof Terrace (the “Terrace FF&E”) subject to Landlord’s prior written approval, which shall not be unreasonably withheld or delayed, provided, however, Landlord’s determination of matters relating to aesthetic issues relating to the Terrace FF&E and the Roof Terrace shall be in Landlord’s sole discretion and Landlord may require that moveable Terrace FF&E be secured in a manner reasonably acceptable to Landlord. The Roof Terrace shall be considered part of the Premises for all purposes of the Lease except for the payment of Annual Rent and the determination of Tenant’s Proportionate Share. Tenant’s use of the Roof Terrace and the Terrace FF&E shall be upon and subject to all of the terms and conditions of this Lease, including, without limitation, Tenant’s indemnification and insurance obligations under this Lease. Tenant may use the Roof Terrace for Tenant’s own use or the use of any subtenants or assignees to which Landlord has consented pursuant to this Lease and Tenant’s rights under this Section 1.2 shall not be assignable or otherwise transferable (including by sublease, license or other means) by Tenant separately from this Lease. In no event shall Tenant permit use of the Roof Terrace by the general public (exclusive of Tenant’s invitees having a business relationship with Xxxxxx). Tenant’s use of the Roof Terrace and the Terrace FF&E shall be subject to rules and regulations reasonably issued from time to time by Landlord and of which Tenant has been given prior notice and Tenant shall comply with all lawsLegal Requirements and governmental approvals applicable to the Roof Terrace. Tenant shall be responsible for maintenance and daily cleaning and janitorial services to the Roof Terrace and shall maintain the Roof Terrace and the Terrace FF&E in a safe, ordinancesclean and first class condition consistent with first class office building standards for comparable buildings in Cambridge, regulations Massachusetts. Landlord shall not have any obligations (including any compliance with Legal Requirements obligation) with respect to the Roof Terrace or the Terrace FF&E and requirements Landlord shall not be required to provide any services or utilities to the Roof Terrace, provided, however, the foregoing shall not limit Landlord’s obligations under this Lease to maintain the roof. Tenant shall use and maintain the Roof Terrace so as not to cause any damage to the Building (including the parking garage) or the Complex or any interference with the use, operation or maintenance of the municipalBuilding or any mechanical, countyelectrical or other building systems of the Building. If, state at any time during the Term, Tenant ceases to satisfy the Roof Terrace Threshold, Tenant’s right to exclusive use of the Roof Terrace shall terminate and federalLandlord may require Tenant to repair any damage to the Building (including the roof) caused by the installation or removal of such Roof Terrace and/or Terrace FF&E, governments and provided however, Tenant shall not be required to remove the Roof Terrace improvements at the expiration or earlier termination of the Term, but Tenant shall remove all Terrace FF&E. In the event that any and all departments thereof governmental agency having jurisdiction over the Building imposes any rooftop or common space taxes or other taxes or fees on Landlord or the Building in connection with the use or operation of the Roof Terrace and/or the Terrace FF&E, Tenant shall pay to Landlord the amount of any such tax or fee imposed in connection with Tenant’s use or operation of the Roof Terrace and/or the Terrace FF&E. 1.2 Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any (collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner by Tenant Entities not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the environment to become contaminated by Tenant Entities with any Hazardous Materials. Notwithstanding the foregoing, Tenant and Tenant Entities may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the Property relating like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Tenant shall always handle, store, use, and dispose of any such useHazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant shall at its own cost protect, defend, indemnify and expense obtain hold each and all of the Landlord Entities (as defined in Article 30) harmless from and against any and all licenses loss, claims, liability or costs (including court costs and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage reasonable attorney’s fees) incurred by reason of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to complyfully comply with all applicable Environmental Laws, or alter the Property presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to complykeep, with such lawsobserve, ordinances and regulations. or perform any provision of this Section 1.2, provided, however, in no event shall Tenant shall not permit be responsible for any objectionable loss or unpleasant odors, smoke, dust, gas, noise or vibrations liability attributable to emanate from the presence of any Hazardous Materials at the Premises, the Building or take any other action Lot which would constitute a nuisance or would disturb or endanger any other tenants existed prior to the Commencement Date. Xxxxxxxx has no knowledge of the Propertypresence of Hazardous Materials at the Premises, the Building or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store the Lot that is required to be removed or otherwise handle any product, material or merchandise which is explosive or highly flammable. remediated under applicable Legal Requirements. 1.3 The Tenant shall have, as appurtenant to the Premises, rights to use in common with others entitled thereto: 1.3.1 the common facilities included in the Building or the Lot, including common walkways, driveways, lobbies, hallways, ramps, stairways, loading docks, the bicycle storage area, and passenger and freight elevators; 1.3.2 subject to Article 39, the parking facility (including the visitor’s parking area and parking spaces reserved for the disabled), at locations which may from time to time be designated by Landlord. Use of the parking facility shall be subject to the right of the Landlord to restrict parking during snowplowing operations, and during repair, maintenance and restriping work affecting the parking area, provided Tenant’s use thereof is not permit adversely affected in a disproportionate manner to other Building tenants; 1.3.3 the pipes, ducts, conduits, wires and appurtenant equipment serving the Premises; and 1.3.4 if the Premises include less than the entire rentable area of any floor, the common toilets in the central core area of such floor. Such rights shall always be subject to the Rules and Regulations set forth in Exhibit D as the same may be reasonably amended by the Landlord from time to time in a non-discriminatory manner, and such other reasonable rules and regulations from time to time established by Landlord by suitable notice, and to the right of Landlord to designate and change from time to time areas and facilities so to be used for any purpose (includingused, without limitation, provided such designations and changes do not deprive Tenant of the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal substantive benefits of such chemicals areas and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulationsfacilities. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spillconflict or inconsistency between the terms and conditions of this Lease, and the Rules and Regulations, the terms of this Lease shall control. Tenant shall have free access to the Premises on business days during Building Business Hours and access at all other times subject to reasonable security restrictions from time to time in effect, and subject always to restrictions based on emergency conditions. Not included in the Premises are the ceiling, the floor and all perimeter walls of the space identified in Exhibit A, except the inner surfaces thereof and the perimeter doors and windows. Notwithstanding that a portion of the Premises are shown to comprise the entire 14th floor of the Building, the Premises do not include any elevators, common stairwells, shafts, ducts and conduits passing through the Premises and building systems not exclusively serving the Premises, and Landlord shall retain responsibility for the repair and maintenance of the same throughout the term of this Lease. Tenant agrees to that Landlord shall have the appropriate detection and alarm systems per governmental regulations right to alert all tenants place in the Premises (but in such manner as not unreasonably to interfere with Xxxxxx’s use of the Property Premises) utility lines, telecommunication lines, shafts, pipes and the like, for the use and benefit of Landlord and other tenants in the Building, and to replace and maintain and repair such lines, pipes and the like, in, over and upon the Premises. Such utility lines, pipes and the like, shall not be deemed part of the Premises under this Lease. 1.4 Tenant and the Tenant Entities will be entitled to the emergency situationnon-exclusive use of the common areas of the Building as they exist from time to time during the Term, including the parking facilities, subject to Landlord’s rules and regulations regarding such use. However, in no event will Tenant or the Tenant Entities park more vehicles in the parking facilities than Tenant’s Proportionate Share of the total parking spaces available for common use. The foregoing shall not be deemed to provide Tenant with an exclusive right to any parking spaces or any guaranty of the availability of any particular parking spaces or any specific number of parking spaces. If the Building is being operated in accordance with Green Building Standards, Landlord may, in its sole discretion elect to establish preferred parking programs for hybrid and alternative fuel vehicles so long as there is no reduction in Tenant’s parking rights under this Lease. 1.5 Landlord shall install for Tenant, at Landlord’s sole cost and expense, Building standard signage on the lobby directory and on the fourteenth (14th) floor common lobby and the tenth (10th) floor common lobby at no charge. Tenant may install, at Tenant’s expense, one (1) building standard identification sign on the glass doors in the 13th floor separate elevator area serving the Premises.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in purposes set forth on the Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this LeasePages. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and shall comply with all laws, ordinances, regulations and requirements of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulationsexpense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any objectionable way increase the rate of, invalidate or unpleasant odors, smoke, dust, gas, noise prevent the procuring of any insurance protecting against loss or vibrations damage to emanate from the Premises, Building or take any of its contents by fire or other action which would constitute a nuisance casualty or would disturb against liability for damage to property or endanger injury to persons in or about the Building or any other tenants part thereof. See Exhibit F Hazardous Materials 1.2 Tenant and the Tenant Entities will be entitled to the non-exclusive use of the Propertycommon areas of the Building as they exist from time to time during the Term, including the parking facilities, subject to Landlord’s rules and regulations regarding such use. However, in no event will Tenant or unreasonably interfere with such tenants’ use the Tenant Entities park more vehicles in the parking facilities than Tenant’s Proportionate Share of their respective premisesthe total parking spaces available for common use. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant The foregoing shall not permit the Premises be deemed to be used for provide Tenant with an exclusive right to any purpose (including, without limitation, the storage of merchandise) in parking spaces or any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any guaranty of the other tenants availability of the Property In the event any particular parking spaces or any specific number of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situationparking spaces.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Leasegeneral office purposes. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, annoy, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which (in Landlord’s reasonable judgment) improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all federal, state and city laws, codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the Property generally. In case use of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any the Premises and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense expense. Notwithstanding anything to the contrary set forth herein, except to the extent properly included in Expenses, Landlord shall be responsible for the cost of correcting any violations of Title III of the ADA with respect to the interior and exterior common areas of the Building, at its sole cost and expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. 1.2 Tenant shall not, and shall comply with all lawsnot direct, ordinancessuffer or permit any of its agents, regulations and requirements contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to at any time handle, use, manufacture, store or dispose of in or about the municipalPremises or the Building any (collectively, county“Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and federallocal laws and ordinances relating to the protection of the environment or the keeping, governments use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively, “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 31) harmless from and against any and all departments thereof having jurisdiction over the Building loss, claims, liability or costs (including court costs and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage reasonable attorney’s fees) incurred by reason of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for actual or asserted failure of Tenant to complyfully comply with all applicable Environmental Laws, or alter the Property to complypresence, with such lawshandling, ordinances and regulations. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise disposition in or vibrations to emanate from the PremisesPremises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or take by reason of any other action which would constitute a nuisance actual or would disturb asserted failure of Tenant to keep, observe, or endanger perform any other tenants provision of this Section 1.2. As of the Propertydate hereof, or unreasonably interfere with such tenants’ Landlord has not received written notice from any governmental agencies that the Building is in violation of any Environmental Laws. 1.3 Tenant and the Tenant Entities will be entitled to the non-exclusive use of their respective premises. Tenant shallthe common areas of the Building as they exist from time to time during the Term, not receiveincluding the parking facilities, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit the Premises subject to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything reasonable rules and regulations adopted from time to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with time regarding such use, which rules and that such use generates odors, noise, and vibrations, regulations shall be generally applicable to all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any users of the other tenants parking facilities. However, in no event will Tenant or the Tenant Entities park more vehicles in the parking facilities than Tenant’s Proportionate Share of the Property In the event of a chemical leak and/or spill, total parking spaces available for common use. The foregoing shall not be deemed to provide Tenant agrees with an exclusive right to have the appropriate detection and alarm systems per governmental regulations to alert all tenants any parking spaces or any guaranty of the Property to availability of any particular parking spaces or any specific number of parking spaces (except as specifically set forth in the emergency situationReference Pages under “Parking”.

USE AND RESTRICTIONS ON USE. (a) 1.1 The Premises shall are to be used and occupied by Tenant only in conformity with law and solely for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful general office purposes as except that not more than 10,000 square feet may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein used for laboratory purposes unless otherwise agreed in the event of a breach of this Leasewriting. Tenant shall not use allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained, or the commission of any waste. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises other than the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants of same, which would be disturbing to the other tenants or occupants of the Property, or which would cause any increase in premium for any insurance which Landlord may then have in effect with respect to the Property generally. In case of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant its occupancy and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in or nuisances arising out of Tenant’s specific use of upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s 's sole expense and shall comply with all laws, ordinances, regulations and requirements of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulationsexpense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any objectionable way increase the rate of, invalidate or unpleasant odorsprevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. 1.2 Tenant agrees that Tenant, smokeits agents and contractors, dustlicensees, gasor invitees shall not handle, noise use, manufacture, store or vibrations dispose of any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, medical wastes or other similar substances, petroleum products or derivatives (collectively "Hazardous Materials") on, under, or about the Premises, without Landlord's prior written consent (which consent shall not be unreasonably withheld as long as Tenant demonstrates and documents to emanate Landlord's reasonable satisfaction (i) that such Hazardous Materials (A) are necessary or useful to Tenant's business; and (B) will be used, kept, and stored in compliance with all laws relating to any Hazardous Materials so brought or used or kept in or about the Premises; and (ii) that Tenant will give all required notices concerning the presence in or on the Premises or the release of such Hazardous Materials from the Premises) provided that Tenant may handle, store, use or take dispose of products containing small quantities of Hazardous Materials, which products are of a type customarily found in offices and households (such as aerosol cans containing insecticides, toner for copies, paints, paint remover, and the like), provided further that Tenant shall handle, store, use and dispose of any other action which would constitute such Hazardous Materials in a nuisance safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premisesenvironment. Tenant further agrees that Tenant will not permit any substance to come into contact with groundwater under the Premises. Any such substance coming into contact with groundwater shall, not receiveregardless of its inherent hazardous characteristics, store or otherwise handle any productbe considered a Hazardous Material for purposes of this Lease. Notwithstanding the provisions of Paragraph 1.2, material or merchandise which Tenant may handle, store, and use Hazardous Materials, limited to the types, amounts, and use identified in the Hazardous Materials Exhibit attached hereto. If no Hazardous Materials Exhibit is explosive or highly flammableattached to this Lease, then this paragraph of Paragraph 1.2 shall be of no force and effect. Tenant hereby certifies to Landlord that the information provided by Tenant pursuant to this paragraph is true, correct, and complete. Tenant covenants to comply with the use restrictions shown on the attached Hazardous Materials Exhibit. Tenant's business and operations, and more especially its handling, storage, use and disposal of Hazardous Materials shall at all times comply with all applicable laws pertaining to Hazardous Materials. Tenant shall not permit secure and abide by all permits necessary for Tenant's operations on the Premises. Tenant shall give or post all notices required by all applicable laws pertaining to Hazardous Materials. If Tenant shall at any time fail to comply with this Paragraph, Tenant shall immediately notify Landlord in writing of such noncompliance. Tenant shall provide Landlord with copies of any Material Safety Data Sheets (as required by the Occupational Safety and Health Act) relating to any Hazardous Materials to be used, kept, or stored at or on the Premises, at least 5 business days prior to the first use, placement, or storage of such Hazardous Material on the Premises (except in the case of an emergency). Landlord shall have 5 business days (except in the case of an emergency in which case Landlord shall have 24 hours) following delivery of such Material Safety Data Sheets to be used for any purpose (includingapprove or forbid, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s insurance thereon void. (b) Anything its sole discretion subject to the contrary limitation contained in this Lease and the Hazardous Materials Addendum hereto notwithstandingabove, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odorsplacement, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event storage of a chemical leak and/or spill, Tenant agrees to have Hazardous Material on the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situationPremises.

USE AND RESTRICTIONS ON USE. (a) The lThe Premises shall are to be used solely for general office purposes, associated call center and occupied by other high density office applications necessary for Tenant only in conformity with law and for to operate it s business. Landlord makes no representation or warranty, express or implied, regarding the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (suitability of the “Permitted Use”), and Premises for such other lawful purposes as may be incidental thereto, all use. All implied warranties with respect to the extent permitted by applicable zoning regulationsPremises, subject including but not limited to the Rules those of merchantability and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered fitness for a breach of this Lease by Tenant, particular purpose are expressly negated and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Leasewaived. Tenant shall not use do or permit any use of anything to be done in or about the Premises other than which will in any way obstruct or interfere with the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants rights of same, which would be disturbing to the other tenants or occupants of the PropertyBuilding or injure, or which would cause any increase in premium disturb them, or allow the Premises to be used for any insurance which improper, immoral, unlawful, or objectionable purpose, or commit any waste, or overload the Building's structure or systems. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord may then have in effect first obtained. Tenant shall comply with respect all governmental laws, ordinances and regulations applicable to the Property generally. In case use of a breach the Premises and its occupancy (including, without limitation, federal, state and local laws regarding access for handicapped or disabled persons, such as the Americans With Disabilities Act of this covenant1990, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any amended ("ADA") and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant regulations promulgated thereunder), and shall promptly comply with all governmental orders, directives orders and directions for the correction, prevention and abatement of any violations in the Building or nuisances arising out of Tenant’s appurtenant land, caused or permitted by, or resulting from the specific use of by, Tenant, or in or upon, or in connection with, the Premises, but not its mere occupancy thereof, all at Tenant’s 's sole expense expense. Tenant, at its sole cost and expense, shall be solely responsible for making any modifications or alterations to the Premises, subject to compliance with Article 6 of this Lease, in order to comply with federal, state or local ADA requirements. Tenant, at its sole cost and expense, shall comply with all lawsASHRAE and BOMA indoor air quality requirements applicable to the Premises, ordinances, regulations and requirements of the municipal, countywith federal, state and federal, governments and any and all departments thereof having jurisdiction over local indoor air quality requirements applicable to the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage of any property are prohibited without Landlord’s prior written consent. IfPremises; if, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific ' s use thereof; such alterations , supplemental heating, ventilation and air conditioning units are required to the Premises at any time during the Term, then Tenant, at its sole cost and expense, shall be made only install the same, subject to compliance with the consent Article 6 of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulationsthis Lease. Tenant shall not do or permit any objectionable anything to be done on or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit about the Premises to be used for any purpose (including, without limitation, or bring or keep anything into the storage of merchandise) Premises which will in any manner which would render Landlord’s and/or Tenant’s way increase the rate of, invalidate or prevent the procuring of any insurance thereon void. (b) Anything protecting against loss or damage to the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operation, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with such use, and that such use generates odors, noise, and vibrations, all of which are permitted. In the storage, use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing Building or endangering any of its contents by fire or other casualty or against liability for damage to property or injury to person s in or about the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situationBuilding or any part thereof.

USE AND RESTRICTIONS ON USE. (a) The Premises shall be continuously used and occupied by Tenant Tenant, but only in conformity with law and for the use specified in purpose listed on the Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”)Page, and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations, subject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the right to exercise any or all remedies provided herein in the event of a breach of this Lease. Tenant shall not use or permit any use of the Premises other than the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which would be dangerous to the Premises, the Building, the Property or the occupants of same, which would be disturbing to the other tenants or occupants of the Property, or which would cause any increase in premium for any insurance which Landlord may then have in effect with respect to the Property generally. In case of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent any and all increases in premiums for insurance carried by Landlord on the Property (or any portions thereof) so caused by such other use by Tenant. Tenant shall promptly comply with all governmental orders, directives for the correction, prevention and abatement of any violations or nuisances arising out of Tenant’s specific use of the Premises, but not its mere occupancy thereof, all at Tenant’s sole expense and shall comply with all laws, ordinances, regulations and requirements of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, on Exhibit A and the outside storage of any property are prohibited without Landlord’s 's prior written consent. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premise, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Property Premises must be altered to lawfully accommodate Tenant’s specific Xxxxxx's use and occupancy thereof; , such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant not to exceed $20,000.00 per occurrence. In the event cost of such compliance exceeds $20,000.00 Landlord shall have the option to complete required work at its expense or to terminate the Lease with 60 day notice to Tenant; provided that . Provided, that, the necessity of Landlord’s 's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property Premises to comply, with such laws, ordinances and regulations. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the PropertyBuilding, or unreasonably un reasonably interfere with such tenants’ ' use of their respective premisespremises or permit any use which would adversely affect the reputation of the Building. Without Landlord's prior written consent, Tenant shall, shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall will not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render Landlord’s and/or Tenant’s the insurance thereon void. (b) Anything to void or increase the contrary contained in this Lease and the Hazardous Materials Addendum hereto notwithstanding, Landlord acknowledges that Tenant will be using the Premises for an optoelectronic device epitaxy and wafer fabrication operationinsurance rate thereof, and that such use is specifically permitted hereunder. Landlord further acknowledges that the storage tenant shall immediately cease and use of highly toxic, explosive, flammable, and corrosive gases and chemicals are required in connection with desist from such use, paying all cost and that expense resulting from such use generates odors, noise, and vibrations, all of which are permitted. In the storage, improper use, and disposal of such chemicals and gases, Tenant agrees to obtain any and all licenses and permits and to abide by all governmental regulations. Tenant also agrees to use all necessary precautions to prevent the use of these chemicals and gases from disturbing or endangering any of the other tenants of the Property In the event of a chemical leak and/or spill, Tenant agrees to have the appropriate detection and alarm systems per governmental regulations to alert all tenants of the Property to the emergency situation.