Common use of Use of Premises Clause in Contracts

Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. 4.1 The Premises shall be used and occupied only for the purposes described in Paragraph 1(g) above and for other uses permitted within the light industrial zoning district within which the Premises is located, unless prohibited by the Declaration, and provided Tenant's use otherwise complies with all applicable governmental requirements. Tenant shall not use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose purposes without Landlord’s 's prior written consent consent, which consent may not be unreasonably withheldwithheld in Landlord's sole discretion. Without limiting the foregoing, conditioned or delayed by Landlord; provided, however, it is acknowledged that in no event shall any Tenant may elect to use a portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord an employee cafeteria and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; kitchen facilities provided that any all construction of such costs shall be reasonably allocated between Tenant and any other tenant whose use facilities is addressed by performed in accordance with the communications plan. Except as permitted above, provisions of Section 9.5 hereof. 4.2 Tenant shall not allow do or permit to be done in or about the Premises anything which is illegal or unlawful; or which will cause cancellation of any insurance on the building of which the Premises are a part. Tenant shall not obstruct or interfere with the rights of any other tenants and occupants of the Center or their invitees, nor injure them, nor operate the Premises in a manner which unreasonably disturbs other tenants in the use of their premises in the Center. Tenant shall not cause, maintain or permit any nuisance on or about the Premises. Tenant shall not use nor permit the use of the Premises which will negatively affect or any part thereof as living quarters. 4.3 Tenant acknowledges that although Landlord has permitted Tenant the cost use of coverage Premises for the purpose described in this Article, neither Landlord nor any agent of Landlord’s insurance on Landlord has made any representation or warranty to Tenant with respect to the Projectsuitability of the present zoning of the Building for such use. Tenant assumes all responsibility for investigating the suitability of the zoning for its use and for compliance with all other laws and regulations governing such use. 4.4 Tenant shall not allow any inflammable or explosive liquids or materials to be kept on have use of, and access to, the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 twenty four (24) hours per day, 7 three hundred sixty five (365) days a week. per year, subject to the provisions of this Lease and ordinances and regulations of applicable governmental agencies. 4.5 Tenant shall complyagrees that, at Tenant’s costits own cost and expense, it will comply with and conform to all Legal Requirements (as defined in Section 4.7(d) below) in any and all applicable provisions way relating to the use or occupancy of the April 29Premises throughout the entire term of this Lease; including the Livermore Fire Code requiring all tenants to obtain fire extinguishers for the Premises and maintain them so that they are fully charged and operational at all times and inspected annually. Further, 2002 Transportation Management Plan, a copy of which has been supplied subject to Tenant. If any governmental authority shall deem Landlord's obligation to deliver the Premises to Tenant in the Delivery Condition, Tenant shall thereafter be a “place of public accommodation” under obligated at its own cost and expense to take such action and perform such work (including structural alterations) to the Premises, as required to comply with the Americans with Disabilities Act (“"ADA”") and other applicable handicapped access codes. Further, if, and to the extent, due to Tenant's use of, or alterations to, or work performed by Tenant in the Premises, changes, alterations or improvements to Building 1, Parcel 1 or other portions of the Center are required by any other comparable law as a result of Tenant’s usegovernmental agency, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for the costs of such changes, alterations and improvements. Notwithstanding the foregoing, nothing contained herein shall limit or affect any alterationsrepresentations, structural warranties or otherwise, required covenants of Landlord or any of Landlord's contractors with respect to be made any work performed pursuant to Article 8 or Exhibit C. Except to the Building or the Premises under such laws. If any governmental authority shall deem any portion extent of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the ProjectTenant's compliance obligations set forth above, Landlord shall be responsible forobligated to comply with all Legal Requirements, at its costincluding, any alterationswithout limitation, structural or otherwisethe ADA and other applicable handicapped access codes, required with respect to be made all portions of Parcel 1 outside of Building 1, subject to reimbursement as specifically set forth in this Lease and further subject to the terms of the Declaration. 4.6 Tenant shall place no loads upon the floors, walls, ceilings or roof of the Building (other than in excess of the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAmaximum design load of Building 1.

Use of Premises. Tenant TENANT shall use maintain the premises in a clean and sanitary condition and not disturb surrounding residents or the peaceful and quiet enjoyment of the premises or surrounding premises. TENANT shall install window shades or draperies (no foil, sheets, paper etc. allowed) within 15 days of taking occupancy if not already provided. Premises are to be used and occupied by the TENANT for only residential, non-business, private housing purposes only. TENANT shall not operate any type of day care or child sitting service on the premises. TENANT shall secure insurance immediately for biomedical laboratory researchany water filled devices with a loss payable clause to LANDLORD. No trampolines, athletic equipment, recreational equipment, or any items or activities which can cause interference with the insurance coverage on the premises will be permitted. No portable or inflatable pools shall be permitted without the express written permission of the LANDLORD and general office verification that no damage will occur to the lawn/ground/premises and administrative services there shall be no effect on insurance coverage of the premises. No nails, screws or adhesive hangers except standard picture hooks, shade brackets and for no other purposecurtain rod brackets may be placed in wall, woodwork or any part of premises. Except as specifically provided for in this Section 6TENANT shall not keep or store any goods or materials of any kind that are combustible or could increase fire risk on the premises. After the first 30 days of the TENANT taking occupancy, the Premises TENANT shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for paying for all costs of extermination of pests and insects except for termites. TENANT agrees to keep driveways and walking areas clean so as to prevent any alterations, structural buildup of mold or otherwise, required allow the surfaces to be made become slippery. TENANT shall keep all gutters free of debris and leaves. TENANT agrees to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, replace air conditioner filters every 60 days at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADATENANT'S expense.

Use of Premises. (a) Tenant shall occupy and use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposethe uses specified in Section 1.1(11)) to conduct Tenant’s business. Except as specifically provided for in this Section 6, Tenant shall not occupy or use the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned (or delayed by Landlord; provided, however, that in no event shall any portion of permit the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use or occupancy of the Premises) for any purpose or in any manner which: (I) is unlawful or in violation of any Law or Hazardous Materials Law; (2) is prohibited by the terms and conditions of this Lease or the rules of the Building set forth in Article 18 hereof; (3) would create or continue a nuisance; or (4) in any manner that will cause the Building or any part thereof not to conform with the Project’s Sustainability Practices or the certification of the Building’s core and shell issued pursuant to the applicable Green Building Standards. (b) If Tenant requests, including any uses that may be deemed controversial. The reasonable costs Landlord shall provide Tenant with up to develop or implement a communications plan with respect twelve (12) additional access card keys (in addition to a those possessed by Tenant use that is deemed controversial as of the date of this Lease) the cost of which shall be paid by Tenant; Tenant within ten (JO) days after Landlord’s demand therefor, and Tenant shall place a deposit for such cards with Landlord to cover lost cards or cards which are not returned at the end of the Term (provided that Landlord shall return any such costs deposit to Tenant less any amounts due for unreturned access cards). Landlord shall be reasonably allocated between provide Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises and parking areas 24 hours per day, 7 days per week and 365/366 days per year through such access card keys. (c) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (I) whether Tenant’s business is deemed a week“public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the Common Areas, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any Leasehold Improvements or other work to be performed in the Premises under or in connection with this Lease, and (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by Tenant Additions in the Premises. Tenant shall complybe solely responsible for requirements under Title I of the ADA relating to Tenant’s employees. (d) Landlord and Tenant agree to cooperate and use commercially reasonable efforts, at Tenant’s costno cost or expense to Tenant (other than through inclusion in Operating Expenses), to participate in traffic management programs generally applicable to businesses located in the City of Berkeley and Tenant shall encourage and support van, shuttle service, and carpooling by, and staggered and flexible working hours for, its office workers and service employees to the extent determined by Tenant in its sole discretion. Neither this Section or any other provision of this Lease is intended to or shall create any rights or benefits in any other person, firm, company, governmental entity or the public. (e) Tenant agrees to reasonably cooperate with Landlord and lo comply at no material cost to Tenant with any and all guidelines or controls concerning energy management and usage disclosure imposed upon Landlord by federal or state governmental organizations or by any energy conservation association to which Landlord is a party or which is applicable provisions to the Building, including, without limitation, the requirements of California’s Nonresidential Building Energy Use Disclosure Program, as more particularly specified in California Public Resources Code Sections 25402.10 et seq. and regulations adopted pursuant thereto. Further, Tenant hereby authorizes (and agrees that Landlord shall have the authority to authorize) any electric or gas utility company providing service to the Building to disclose from time to time so much of the April 29data collected and maintained by it regarding Tenant’s energy consumption data as may be necessary to cause the Building to participate in the ENERGY STAR® Portfolio Manager system and similar programs; and Tenant further authorizes Landlord to disclose information concerning energy use by Tenant, 2002 Transportation Management Planeither individually or in combination with the energy use of other tenants, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises as applicable as Landlord determines to be a “place of public accommodation” under the Americans necessary to comply with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made applicable Laws pertaining to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAownership thereof.

Use of Premises. Tenant 4.1 Lessee shall use the Premises only premises for biomedical laboratory researchthe following purpose:  , and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose whatsoever without LandlordLessor’s prior written consent which consent may consent. 4.2 Lessee will not be unreasonably withheldmake any unlawful, conditioned improper or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s offensive use of the Premisespremises. Lessee will not permit any objectionable noise or odor to escape or to be emitted from the premises. Lessee shall regularly occupy and use the premises for the purpose stated in paragraph 4.1 above and shall not abandon or vacate the premises for more than ten days without Lessor’s prior written consent. 4.3 Lessee will refrain from any use which would be reasonably offensive to other tenants or owners or users of neighboring premises or which would tend to create a nuisance or damage the reputation of the premises. 4.4 Lessee will not sell or permit to be sold any product, including any uses that substance or service upon or about the premises, except as Lessee may be deemed controversial. The reasonable costs licensed by law to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall sell and as may be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as expressly permitted above, Tenant shall herein. 4.5 Lessee will not allow any fire or other hazard to exist on the premises, or any condition which would make it impossible to insure the premises against casualty, or would increase the insurance rate. Lessee will not install any power machinery on the premises without Lessor’s written consent. Lessee will not store gasoline or other highly combustible materials on the premises at any time. 4.6 Lessee shall not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on or under the premises. Lessee may use or otherwise handle on the premises only those Hazardous Substances typically used or sold in the prudent and safe operation of the Premises which will negatively affect the cost of coverage of Landlord’s insurance business specified in Section 4.1. Lessee may store such Hazardous Substances on the Projectpremises only in quantities necessary to satisfy Lessee's reasonably anticipated needs. Tenant Lessee shall not allow any inflammable comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or explosive liquids or materials to be kept stored on the Premises except as authorized and permitted under Section 27 premises. Upon the expiration or termination of this Lease, Lessee shall remove all Hazardous Substances from the premises. Except The term Environmental Law shall mean any federal, state, or local statute, regulation or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term Hazardous Substance shall mean any hazardous, toxic, infectious or radioactive substance, waste, and material as permitted abovedefined or listed by any Environmental Law and shall include, Tenant without limitation, petroleum oil and its fractions. In addition to any indemnification required under paragraph 14.2 of this agreement, Lessee shall not allow any use pay all costs and expenses associated with cleanup or remediation of the Premises which would unreasonably interfere with release of any other tenant or with the operation of the Project by Landlord. Tenant Hazardous Substance, and shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonsindemnify, Tenant defend and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with hold Lessor harmless from and against any and all applicable losses, liabilities, claims and expenses (including reasonable attorney fees through appeal and fees of environmental engineers, consultants or other experts) arising out of or in any way relating to any default by Lessee pursuant to this section. The provisions of this paragraph shall survive the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) expiration or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion earlier termination of the Project (other than lease. 4.7 If known or suspected asbestos containing building materials have been identified on the Premises) to be a “place of public accommodation” under the ADA or any other comparable law premises, Lessor shall inform Lessee as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such lawsby Environmental Law. Landlord agrees that Landlord’s Work in the Premises Lessee shall comply with the ADAall federal, state and local rules and regulations pertaining to asbestos containing building materials and shall cooperate with Lessor regarding same.

Use of Premises. The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Paragraph 1(1) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, Tenant agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. Tenant agrees to comply with all applicable laws, ordinances and regulations and comply with all requirements of Landlord’s prior written consent insurance policies and the American Insurance Association now or hereafter in force in connection with its use of the Premises. Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit established by Landlord or permit any explosives to enter the Development. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything therein which consent may will in any way increase the fire insurance premium upon the Building. Tenant shall not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable such governmental law, ordinance or explosive liquids or materials regulation required to be kept on the Premises except as authorized complied with by Tenant pursuant to this Paragraph 10 and permitted under Section 27 of this Lease. Except as permitted abovemay postpone compliance therewith, provided such contest does not subject Landlord to criminal prosecution for noncompliance therewith and, further, provided, that Tenant shall not allow any use of the Premises which would unreasonably interfere with any promptly pays all fines, penalties and other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste costs and interest thereon imposed upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law Landlord as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAnoncompliance.

Use of Premises. Tenant shall 4.1 CARETAKER agrees that the only use permitted for the Premises only is as a personal residence for biomedical laboratory research, CARETAKER and general office and administrative services and for no XXXXXXXXX's immediate family. CARETAKER shall be required as part of CARETAKER's application to list any other purpose. Except as specifically provided for in this Section 6, intended residents at the Premises and their relation to CARETAKER, as well as, submit any changes to the list that occur during the term of this Agreement. If CARETAKER desires to have anyone other than XXXXXXXXX's immediate family reside on the Premises with CARETAKER, CARETAKER shall not be used for any other purpose without Landlord’s obtain the prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion approval of the Premises be used for a vivarium for animals larger than rodents. At either’s requestContract Administrator, Landlord and Tenant shall cooperate and assist each other which approval is in developing and implementing a communications plan for the Project and Tenant’s use sole discretion of the PremisesContract Administrator. 4.2 CARETAKER shall make no unlawful, including any uses that may be deemed controversial. The reasonable costs to develop improper, immoral or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any offensive use of the Premises which nor will negatively affect CARETAKER use the cost Premises or allow the use of coverage the Premises for any purpose other than that set forth in this Agreement. Failure of Landlord’s insurance CARETAKER to comply with this provision shall be considered a material default under this Agreement enabling COUNTY's County Administrator to immediately terminate this Agreement with verbal notice to CARETAKER followed by formal written notice as provided for in Section 13.6, Notices, within forty-eight (48) hours. 4.3 All personal property and/or equipment placed by CARETAKER on or about the Premises shall be at the risk of CARETAKER and COUNTY shall not be liable for any damage or loss to CARETAKER's personal property and/or equipment located thereon for any reason whatsoever. 4.4 CARETAKER agrees and understands that COUNTY shall not have any liability with regard to XXXXXXXXX's responsibilities under this Agreement or assets placed or located at the Premises by CARETAKER. 4.5 In utilizing the Premises, CARETAKER agrees as follows: (a) No laundry shall be visible on the Project. Tenant Premises. (b) Vehicle maintenance requiring dissembling shall not allow any inflammable or explosive liquids or materials to be permitted. (c) Radios, televisions, stereos, and other sources of noise shall be kept within the bounds of moderation at all times. (d) No trash burning or other type of burning shall be permitted on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant for outdoor cooking purposes on a grill. (e) Pets shall not allow any use be allowed on the Premises unless secured by a leash or other means. Exotic animals kept as pets shall be subject to the prior approval of the Contract Administrator. (f) No alcoholic beverages shall be consumed on the Property outside of CARETAKER's residence. (g) No excavation of soil in any matter shall be permitted. (h) The entrance gate to the Premises which would unreasonably interfere with shall be kept locked/closed at all times except when entering or exiting the Premises. 4.6 CARETAKER shall be responsible for maintaining the Premises as shown in attached Exhibit "A," Locator Map(s). CARETAKER shall keep the Premises free and clear of any other tenant obstruction, rubbish, or with litter and maintain the operation Premises in a neat, orderly, and attractive manner. 4.7 COUNTY, or its agents, shall have the right to enter the Premises (not including the portable housing) at any reasonable time for the purpose of the Project by Landlord. Tenant shall not permit any nuisance or waste upon inspecting the Premises or allow any offensive noise performing other duties as are required by law or odor in or around by the Premises to emanate outside terms of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any this Agreement. 4.8 CARETAKER and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied persons authorized by Section 4.1 above to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, reside at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with be required to evacuate when the ADAorder is given by the Division Director through the Contract Administrator.

Use of Premises. Tenant The Premises shall use be occupied and used exclusively for residential purposes and exclusively by the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposeundersigned Lessees. Except as specifically provided for in this Section 6, the The Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may or by any persons not be unreasonably withhelda party to this Rental Agreement. Lessee shall, conditioned or delayed by Landlord; providedin particular, however, that in no event comply with the following: (a) Lessee shall observe all regulations of any portion insurance underwriters concerning the use and condition of the Premises be used for a vivarium for animals larger than rodentsregarding the reduction of fire hazards and other insurable risks. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant Lessee shall not allow any store, keep or use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises any flammable liquid, explosive or like substance of any kind. In addition, Lessee shall not, under any circumstances, store anything within FOUR (4) FEET of the furnace or water heater within the Premises. No swimming/wading pools, hot tubs/jacuzzis, trampolines, horseshoe boxes, beer pong tables may be set up at the Premises. No hammocks may be tethered to emanate any part of the structure of the Premises. (b) No musical instruments, radios, televisions, or other electronic or audio equipment shall be operated in a manner that is disturbing or annoying to other Lessees, nor shall any disturbing noises be made at any time. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by Xxxxxx on the outside of the building. (c) The entrances, corridors, passages, and stairways shall not be obstructed or used by the Lessee for any purpose other than ingress or egress to and from the Premises. Lessee shall not park or store any property, including, bicycles, mopeds, sleds, or other like equipment in front of the Premises or in passageways. Personal property shall be parked and stored only in designated areas. (d) Lessee shall make no alterations, including but not limited to locks, bolts or latches, decorations, additions or improvements in or to the Premises without the prior written consent of Lessor. All alterations, additions or improvements upon the Premises, made by either party, shall, in Xxxxxx's sole discretion, become the property of Lessor. No spikes, hooks, large nails or large fasteners shall be driven into or affixed to the wall or woodwork. Lessor recommends the use of removable fasteners, which do not make holes in or mark the walls or woodwork. (e) Waterbeds or extremely heavy articles shall not be placed in the Premises at anytime. (f) Lessee shall properly operate the garbage disposal, allowing hot water to run for at least one minute to flush shredded waste material after use. Lessee shall not permit foreign objects, including but not limited to, bottle caps, spoons, forks, sponges, cigarette butts, glass, metal, plastic, grease/oil, etc. in the garbage disposal as discussed in Section 25. (g) Xxxxxx agrees not to engage personally or permit any unlawful activities on the Premises. Lessee, any member of Xxxxxx's household or guest or other person under Xxxxxx's control shall not engage in any act intended to facilitate criminal activities and acts of violence, including, but not limited to, the unlawful discharge of firearms on or off the Premises, acts of violence that damage or destroy the dwelling unit or disturb or injure other residents or others in the unit, common areas or on the grounds. (h) Lessee shall not violate the laws of any state, city, municipality or other governmental unit regarding the use of controlled substances or the use of alcohol by minors. Lessee shall not knowingly permit any member of Xxxxxx's household, or a guest or other person under Xxxxxx's control to engage in drug related criminal activity, in the unit, in the common areas, or on the grounds of the Premises. Subject "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession, with intent to events beyond Landlord’s control manufacture, sell, distribute or for safety use, of a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)). Under no circumstances is the growing or health reasonscultivation of medical or recreational marijuana allowed in or around the Premises - even if Xxxxxx possesses a medical marijuana patient or caregiver license, Tenant Lessee does not have the right to grow or cultivate in or around the Premises. (i) Lessee shall maintain the Premises in a clean and habitable condition. No food, drink, dirt, boxes, bags, dirty clothing, bottles, cans, or refuse of any sort shall be permitted to accumulate on the Premises. If Xxxxxx fails to maintain the Premises in a clean manner, Lessor may, at its employees option, clean the Premises and (j) Lessee shall have access leave the heat set to a minimum of 65°F during the months of October through March, and at any time that the outside temperature is less than 32°F including, but not limited to during any vacation or break time. Failure to comply with this provision may result in damage to pipes in the Premises, damage to personal property and damage to the Premises 24 hours per day, 7 days a weekbuilding. Tenant shall comply, at Tenant’s cost, with Lessee is responsible for any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law damages occurring as a result of Tenant’s useviolation of this provision, Tenant shall either modify its use including, but not limited to cause such authority increased utility expenses, damage to rescind its designation or real and personal property, lost rent, alternate housing costs, and any and all consequential damages. (k) When the Lease term ends, Xxxxxx must promptly vacate the Premises, remove all personal property, clean the entire Premises and yard, and return all keys. If Xxxxxx fails to return all keys, Lessee will be responsible charged as additional rent for any alterations, structural or otherwise, required to be made to changing all locks and cutting new keys for the Building or Premises. Xxxxxx must dispose of all trash and leave the Premises under such laws. If any governmental authority shall deem any portion in a clean and healthy manner. (l) A single violation, of the Project (other than the Premises) to above provisions may be deemed a “place of public accommodation” under the ADA or any other comparable law as serious violation and a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply material noncompliance with the ADARental Agreement and substantiate good and justifiable cause for termination of tenancy.

Use of Premises. (a) Landlord warrants that (i) the Premises are zoned and a proved for general office purposes and purposes incident thereto and (ii) a conditional Certificate of Occupancy or a Final Inspection Report r have been or will be issued by the appropriate authorities allowin use of the Premises for the purposes permitted under this Section 3(a) of this Lease. Landlord shall deliver to Tenant a copy of the conditional Certificate of Occupancy for the Building and for the Premises, and upon issuance, the final Certificate of Occupancy. (b) Landlord agrees that the use of the Premises by Tenant for the following specific purposes ("Additional Purposes") is permitted under this Lease provided Tenant obtains and maintains all applicable governmental licenses and permits for such purposes: (i) Computer processing; (ii) Training for Tenant's employees and for non-employees of Tenant; (iii) Kitchen and cafeteria for the use of Tenant, Tenant's employees and Tenant's guests in that area designated for cafeteria equipment and use; and (iv) Printing for Tenant and Tenant's clients including photographic, multilith, or multigraph reproductions or offset printing in that area designated for such equipment and use. (c) Tenant shall use and occupy the Premises only for biomedical laboratory research, Tenant's executive and general office offices and administrative services for such related purposes as are described in subsection (b) of this Section 3 and for no other purpose. Except as specifically provided for in For the purposes of this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above3, Tenant shall not allow any be deemed to include Tenant's permitted subtenants, assigns, and occupants. (d) Landlord agrees that, in connection with and incidental to Tenant's use of the Premises which will negatively affect for the office purposes set forth in subsection (a) of this Section 3, provided Tenant, at Tenant's sole cost and expense, obtains any special amendments to the certificate of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on occupancy for the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveany other permits required by any governmental authority having jurisdiction thereof, if any, Tenant shall not allow any may use portions of the Premises for (i) the preparation and service of food and beverages from a full service kitchen with service area (which would unreasonably food and beverages ma be delivered to other locations of Tenant outside of the Premises), pantry kitchens, coffee stations or lounges all for the exclusive use by Tenant, its employees and business guests Tenant (but not for use as a public restaurant or by other tenants of the Building), which (ii) the operation of vending machines for the exclusive use of Tenant, its employees and business guests provided that each vending machine, where necessary, shall have a waterproof pan thereunder and be connected to a drain, and (iii) the installation, maintenance and operation of electronic data processing equipment, computer processing facilities and business machines, provided that such equipment is contained within the Premises and does not cause vibrations, noise, electrical interference or other disturbance to other tenants of the Building or the elevators or other equipment in the Building. With respect to any use permitted under this Section 3, any such use shall not violate any laws or requirements of public authorities, constitute a public or private nuisance, interfere with or cause physical discomfort to any of the other tenant tenants or occupants of the Building, interfere with the operation of the Project by LandlordBuilding or the maintenance of same as a first-class office building, or violate any of Tenant's other obligations under this Lease. (e) Tenant hereby represents, warrants, and agrees that Tenant's business is not and shall not be photographic, multilith, or multigraph reproductions or offset printing. Anything contained herein to the contrary notwithstanding, Tenant shall not permit any nuisance or waste upon use the Premises or allow any offensive noise part thereof, or odor in or around permit the Premises or any part thereof to emanate outside be used (i) for the business of photographic, multilith, or multigraph reproductions or offset printing, (ii) for a retail banking, trust company, depository, guarantee, or safe deposit business open to the general public, (iii) as a savings bank, a savings and loan association, or as a loan company open to the general public, (iv) for the sale to the general public of travelers checks, money orders, drafts, foreign exchange or letters of credit or for the receipt of money for transmission, (v) as a stock broker's or dealer's office or for the underwriting or sale of securities open to the general public, (vi) except as provided in subsection (b) of this Section 3, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream, or baked goods or for the preparation, dispensing, or consumption of food or beverages in any manner whatsoever, (vii) as a news or cigar stand, (viii) as an employment agency, labor union office, physician's or dentist's office, dance, or music studio (except for exercise classes which may be conducted after business hours on a portion of Premises where Tenant occupies the floor below and adjacent to the location of such classes), school (except for the training of employees of Tenant, (ix) as a retail travel agency, or (x) as a xxxxxx shop or beauty salon. Nothing in this subsection (c) shall preclude Tenant from using any part of the Premises. Subject to events beyond Landlord’s control Premises for offset, photographic, multilith, or for safety multigraph reproductions in connection with, either directly or indirectly, its own business or activities. (f) Landlord covenants and warrants that applicable zoning and health reasons, Tenant ordinances and its employees shall have access to regulations permit the Premises 24 hours per day, 7 days use of a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) Premises for a company sponsored food service facility provided such facility is at all times incidental to be a “place of public accommodation” under the ADA or any other comparable law as a result use of the uses permitted under applicable laws Premises for general office purposes and provided that such facility meets the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under standards of such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAzoning and health ordinances and regulations.

Use of Premises. The Premises may be used by Tenant shall use the Premises only for biomedical laboratory research, and general office (including, without limitation, the operation of a “headquarters” office), biotechnology laboratory (including, without limitation, use of and administrative services research with respect to live biological agents and human biological samples), research and development purposes, production, ancillary warehousing, ancillary distribution (shipping and receiving) as well as ancillary office and storage uses and for no other purpose, subject to reasonable rules and regulations which may be promulgated by Landlord from time to time in accordance with the terms of this Lease. Except as specifically provided for Tenant shall not, without the prior consent of Landlord, use any apparatus, machinery, device or equipment in this Section 6, or about the Premises shall not which will cause any unreasonable noise or vibration given the nature of the property or any increase in the normal consumption level of electric power beyond the level of capacity required to be used for any other purpose without provided pursuant to Landlord’s Work. No food or beverage dispensing machines (except those solely servicing Tenant’s on-Premises employees) shall be installed by Tenant in the Premises without the prior written consent of Landlord (which consent may shall not be unreasonably withheld, conditioned or delayed by Landlord; provideddelayed). Except as provided below, however, that in no event shall Tenant (i) permit the storage of any portion materials, equipment or other personal property outside of the Premises Building or (ii) permit any motor vehicle to be used parked outside of the Building overnight. Notwithstanding the foregoing, Tenant shall have the exclusive use (without payment of any additional rent with respect to the same) of the area designated as “Exterior Infrastructure” by Tenant in a notice to Landlord (which area Tenant may designate to be of a size up to the maximum allowed by the City, subject to Tenant obtaining applicable approvals as more particularly set forth below) for the purposes of installing a vivarium for animals larger than rodents. At either’s requestback-up generator, Landlord placing nitrogen tanks, placing Hazardous Materials containment equipment (provided that the same are utilized in accordance with the terms of Article 11 and all applicable Laws and Environmental Requirements) and other outdoor storage purposes, all as shown on the approved Plans (defined below), provided that the same shall be subject to approval by the City and any other governmental authority having jurisdiction and Tenant shall be solely responsible for compliance with all applicable laws and regulations relating to the same, including compliance with any applicable covenants and installation of any screening materials required by the City (Landlord shall reasonably cooperate with Tenant in connection with any such requirements at no material out-of-pocket cost to Landlord). Tenant may also install satellite dishes and assist each other in developing and implementing a communications plan for similar equipment on the Project and Tenant’s use roof of the PremisesBuilding, including any uses provided that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial the same shall be paid subject to approval by Tenant; provided that any such costs shall be reasonably allocated between Tenant the City and any other tenant whose use is addressed governmental authority having jurisdiction and Tenant shall be solely responsible for compliance with all applicable laws and regulations relating to the same, including compliance with any applicable covenants and installation of any screening materials required by the communications planCity (Landlord shall reasonably cooperate with Tenant in connection with any such requirements at no material out-of-pocket cost to Landlord). Except Landlord represents and warrants that, as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost date of coverage of Landlord’s insurance this Lease, that Landlord is not aware (based solely on the Projecttitle policy Landlord obtained at the time of its acquisition of the Building) of any such covenants which would affect Tenant’s rights under this Lease or increase Tenant’s obligations under this Lease other than (i) ordinances and annexation documents and agreements, (ii) zoning codes or other public records of general applicability, (iii) that certain Planned Community Zone District Agreement dated September 21, 2004 (recorded March 5, 2010 as document number 03062045 in the electronic records of Boulder County, Colorado) as amended and restated by Agreement dated January 24, 2018 (recorded January 24, 2018 as document number 03637629 in the electronic records of Boulder County, Colorado), (iv) that certain Owners General Development Plan Agreement dated April 28, 2011 (recorded July 20, 2011 as document number 03160057 in the electronic records of Boulder County, Colorado) as amended by that certain 1st Amendment dated October 17, 2017 (recorded January 24, 2018 as document number 03637627 in the electronic records of Boulder County, Colorado) and (v) that certain Easements, Covenants and Restrictions Agreement (St. Xxxxx Xxxxxx and Boulder Innovation Campus, Louisville, Colorado) dated August 26, 2021 (recorded August 30, 2021 as document number 03910439 in the electronic records of Boulder County, Colorado). Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a per week, 52 weeks per year to the Premises, the Building and the parking facilities. Tenant shall complybe permitted to ensure that all such access (whether during business hours or after hours access) is via card key, at Tenant’s costprovided, with however, that any and all applicable provisions card key access system would be provided by Tenant (whether as part of the April 29Tenant Improvements or subsequent Work performed by Tenant (in accordance with the terms of Article 4 or 22, 2002 Transportation Management Planas applicable), a copy of which has been supplied to Tenant. If any governmental authority and such card key access system shall deem the Premises to not be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion provided by Landlord as part of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAWork.

Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical and non-governmental) office purposes compatible with first class office buildings in the Building’s submarket, and general office and administrative services and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building, or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or user of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as specifically required by law. Landlord at its expense (subject to reimbursement pursuant to Article V, if and to the extent permitted thereby) shall comply with all Laws to the extent the same apply directly to the Building Structure and Systems and Common Areas as a whole; provided, however, that to the extent any non-compliance is a result of the particular use or occupancy of the Premises (as opposed to office use generally), or any negligence or willful misconduct by of Tenant or any Agent of Tenant, or if any improvements made by Landlord to comply with such Laws benefit solely the Premises, then such compliance shall be at Tenant’s cost. Following Landlord’s delivery of the Premises in accordance with all applicable Laws, Tenant shall comply with all Laws concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all in a timely manner at Tenant’s sole expense. If any Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of any of the foregoing: Tenant, at its expense, shall install and maintain fire extinguishers and other fire protection devices as may be required with respect to Tenant’s use of the Premises from time to time by any agency having jurisdiction thereof and/or the underwriters insuring the Building; and Tenant at its sole cost and expense shall be solely responsible for taking any and all measures which are required to comply with the ADA concerning the Premises (including suite entry doors and related items) and the business conducted therein. Any Alterations made or constructed by or for Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with this Lease; provided, that Landlord’s consent to such Alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such Alterations comply with the provisions of the ADA. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building or the Land for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises, in the Building or on the Land. 6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee. In addition to Base Rent and other charges to be paid by Tenant hereunder, Tenant shall reimburse Landlord upon demand for any and all taxes or assessments payable by Landlord by applicable Laws, whether or not now customary or within the contemplation of the parties hereto, to the extent not included in Real Estate Taxes: (a) upon, measured by or reasonably attributable to the cost or value of Tenant’s equipment, furniture, fixtures and other personal property located in the Premises or by the cost or value of any improvements made in or to the Premises by Tenant regardless of whether title to such improvements shall be in Tenant or Landlord; (b) upon or measured by the rental, parking fees and other charges payable hereunder in the nature of a sales tax upon rent, fees or other charges or a so-called “rent tax” or as a substitute for or in lieu of any increase in any taxes now in effect in connection with the payment of rent or other charges for the use, occupancy, possession or tenancy of the demised premises for each month or portion thereof during the term of this Lease, but not federal or state income taxes of Landlord; and (c) upon this transaction or any document to which Tenant is a party creating or transferring an interest in the Premises. Tenant agrees to pay all sales taxes and rent taxes in the manner and in accordance with the requirements of applicable Laws. If the applicable taxing authority shall require Landlord or Landlord’s agent to collect any sales taxes or rent taxes for or on behalf of the applicable taxing authority, then such sales taxes or rent taxes shall be paid by Tenant to Landlord or Landlord’s agent monthly with the rent payments and other charges required to be paid hereunder, in accordance with the requirements of the applicable taxing authority. In the event that it shall not be lawful for Tenant so to reimburse Landlord, the monthly rental payable to Landlord under this Lease shall be revised to net Landlord the same net rental after imposition of any such tax upon Landlord as would have been payable to Landlord if such tax had not been imposed. 6.3 Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises so long as such materials are properly, safely and lawfully stored, used and disposed of by Tenant and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant (it being understood that the term “inaction” as used in this Section 6, shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent of Tenant, unless such condition is knowingly aggravated as a result of Tenant’s use or occupancy of the Premises), Tenant shall not be used for surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. Tenant shall: (i) give Landlord immediate verbal and follow up written notice of any other purpose without actual or threatened Environmental Default with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, which Environmental Default Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlord’s prior written consent consent, which consent may shall not be unreasonably withheld, conditioned or delayed delayed; and (ii) promptly deliver to Landlord copies of any notices or other items received from or submitted to any governmental or quasi-governmental agency, or any claim instituted or threatened by Landlord; providedany third party, howeverconcerning the Premises, that the occupancy or use thereof, or the existence or potential existence of Hazardous Materials therein. Upon any Environmental Default, in no event addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any portion actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same in accordance with this Lease, to perform, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and or any action or inaction of Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and or any Agent of Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any sole cost and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its costexpense, any alterations, structural or otherwise, required lawful action necessary to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAaddress same.

Use of Premises. Tenant SECTION 1. The Lessee shall have the right to use the Demised Premises only for biomedical laboratory researchwarehouse, storage, data center, research and general development, systems integration, office uses and administrative services for any uses ancillary or incident to such foregoing uses and for no other purposepurpose or purposes whatsoever. Except as specifically provided for in this Section 6, the The Demised Premises shall not be used only in compliance with applicable laws and only if and to the extent the Lessee has obtained and maintained all licenses and permits which may be necessary for any other purpose without Landlord’s prior written consent which consent may its use. SECTION 2. The Lessee shall not be unreasonably withheld, conditioned use or delayed by Landlord; provided, however, that in no event shall any portion of occupy or permit the Demised Premises to be used for or occupied, nor do or permit anything to be done in or on the Demised Premises or any part thereof, in a vivarium for animals larger manner that would in any way violate any certificate of occupancy affecting the Demised Premises or make void or voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance thereon required to be furnished hereunder by the Lessee, or that will cause or be likely to cause structural injury to the Demised Premises, or that will constitute a public or private nuisance or waste. SECTION 3. The Lessee further agrees that it shall not use (other than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s incidental to its use of the Premises, including Demised Premises and only if in compliance with applicable laws and after Lessee notifies Lessor thereof) or dispose of any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept hazardous substance on the Premises except as authorized and permitted under Section 27 shall promptly notify the Lessor of this Lease. Except as permitted aboveany filing or notice, Tenant shall not allow claim or action, pending or threatened, by any use of governmental agency having jurisdiction over the Premises which would unreasonably interfere with on account of any other tenant hazardous materials or with substances. In the operation of event any liability or cost is imposed upon or incurred by the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access Lessor pursuant to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29Massachusetts General Laws, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) Chapter 21E or any other comparable federal, state or local law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation governing hazardous waste or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law substances as a result of the uses permitted under applicable laws and Lessee's breach of the Master Use Permit or other land use permits for provisions hereof, the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required Lessee agrees to be made solely responsible for all costs of removal, clean up fees and fines or remediation associated therewith including all of Lessor's costs related to or incurred and to fully indemnify and hold the Building (other than Lessor harmless from actual losses, costs and claims, including the Premises) under such lawsdefense thereof, suffered by the Lessor. Landlord agrees that Landlord’s Work in This indemnity shall expressly survive the Premises shall comply with the ADAtermination of this Lease.

Use of Premises. Tenant The premises shall use the Premises only be used solely for biomedical laboratory researcha Warehouse for storage of non-hazardous goods ONLY, and general office and administrative services for no other use and for no other purpose. Except No hazardous liquids, hazardous materials, carcinogens, nor gases shall be permitted to be stored in the demised premises. No assembly, retail sales, showroom, nor any other uses whatsoever are permitted in the demised premises, except as specifically provided for in this Section 6, the set forth herein. Premises shall not be used for any illegal purposes nor in any manner to create any nuisance or trespass, nor in any manner to vitiate the insurance or increase the rate of insurance on premises, and subject to rights of other purpose without LandlordTenant’s prior written consent Leases. In the event that Tenant (or its agents, employees or invitees) engages in any conduct not authorized by this Lease, in addition to any other remedy at law or equity (including injunctive relief and/or termination of this Lease) Landlord shall be entitled to an additional sum of FIVE HUNDRED ($500.00) DOLLARS per day, as additional rent, for each and every day or portion thereof that Tenant is in violation of this Article after three business days notice to Tenant. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that some goods which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of stored at the Premises be used for a vivarium for animals larger than rodents. At either’s requestmay contain ingredients that are hazardous or carcinogens, Landlord and but Tenant shall cooperate be permitted to store such goods at the Premises provided such goods are stored in compliance with all applicable laws and assist each other in developing and implementing a communications plan for codes. Notwithstanding anything to the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted abovecontrary set forth herein, Tenant shall not allow any be permitted to use the designated office space within the premises (as depicted in the drawing of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Schedule A) for office use by Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere in connection with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, warehouse and distribution business and shall be permitted to use the premises for light assembly in connection with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s usewarehouse and distribution business, Tenant shall either modify its use including but not limited to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to “pick and pack” assembly. Notwithstanding the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectforegoing, Landlord shall be responsible for, is under no obligation to provide Tenant with an office space and may remove such office space at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtime.

Use of Premises. Tenant shall use the Premises only solely for biomedical laboratory research, and the purpose of general office and administrative services use including, but not limited to the operation of a pet insurance company and for no other purposecall center. Except In addition, Tenant shall have exclusive use of the Parking Lot, except as specifically provided for set forth in this Section 61 above. Tenant and Tenant’s employees, subtenants and invitees shall be entitled to access the Premises, the Building and the Parking Lot 24 hours per day, 7 days per week, 365 days per year and shall be entitled to bring pets into the Building, the Premises and the Parking Lot. Tenant shall use the Premises in compliance with all applicable laws, rules and regulations, shall not knowingly permit any illegal activity thereon. No other use of the Premises shall be used for any other purpose permitted without Landlord’s the prior written consent of Landlord, which consent may shall not be unreasonably withheld, conditioned or delayed by delayed. Tenant has inspected the Premises and has determined the Premises are suitable for its purposes provided, however, the foregoing shall not limit Landlord’s repair and maintenance obligations under this Lease. Notwithstanding any other provision of this Lease to the contrary, Landlord represents that to the best of its knowledge the Building and the Premises are in compliance with all applicable laws, statutes, ordinances, codes, regulations and other rules or requirements of any governmental authorities having jurisdiction over the Building and the Premises as of the date of this Lease and will be in compliance therewith as of the Commencement Date. Landlord, at its sole cost and expense, without any right of reimbursement from Tenant, shall remedy any noncompliance that exists as of the Commencement Date (regardless of whether Landlord has actual knowledge of the same as of the date of this Lease) promptly upon knowledge thereof; provided, however, that in no event Landlord shall not be liable for any portion of damage or such noncompliance to the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid extent caused by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. 4.1 The Premises shall be used and occupied only for the purposes described in Paragraph 1(g) above and for other uses permitted within the light industrial zoning district within which the Premises is located, unless prohibited by the Declaration, and provided Tenant's use otherwise complies with all applicable governmental requirements. Tenant shall not use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose purposes without Landlord’s 's prior written consent consent, which consent may not be unreasonably withheldwithheld in Landlord's sole discretion. Without limiting the foregoing, conditioned or delayed by Landlord; provided, however, it is acknowledged that in no event shall any Tenant may elect to use a portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord an employee cafeteria and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; kitchen facilities provided that any all construction of such costs shall be reasonably allocated between Tenant and any other tenant whose use facilities is addressed by performed in accordance with the communications plan. Except as permitted above, provisions of Section 9.5 hereof. 4.2 Tenant shall not allow do or permit to be done in or about the Premises anything which is illegal or unlawful; or which will cause cancellation of any insurance on the building of which the Premises are a part. Tenant shall not obstruct or interfere with the rights of any other tenants and occupants of the Center or their invitees, nor injure them, nor operate the Premises in a manner which unreasonably disturbs other tenants in the use of their premises in the Center. Tenant shall not cause, maintain or permit any nuisance on or about the Premises. Tenant shall not use nor permit the use of the Premises which will negatively affect or any part thereof as living quarters. 4.3 Tenant acknowledges that although Landlord has permitted Tenant the cost use of coverage Premises for the purpose described in this Article, neither Landlord nor any agent of Landlord’s insurance on Landlord has made any representation or warranty to Tenant with respect to the Projectsuitability of the present zoning of the Building for such use. Tenant assumes all responsibility for investigating the suitability of the zoning for its use and for compliance with all other laws and regulations governing such use. 4.4 Tenant shall not allow any inflammable or explosive liquids or materials to be kept on have use of, and access to, the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 twenty four (24) hours per day, 7 three hundred sixty five (365) days a week. per year, subject to the provisions of this Lease and ordinances and regulations of applicable governmental agencies. 4.5 Tenant shall complyagrees that, at Tenant’s costits own cost and expense, it will comply with and conform to all Legal Requirements (as defined in Section 4.7(d) below) in any and all applicable provisions way relating to the use or occupancy of the April 29Premises throughout the entire term of this Lease; including the Livermore Fire Code requiring all tenants to obtain fire extinguishers for the Premises and maintain them so that they are fully charged and operational at all times and inspected annually. Further, 2002 Transportation Management Plan, a copy of which has been supplied subject to Tenant. If any governmental authority shall deem Landlord's obligation to deliver the Premises to Tenant in the Delivery Condition, Tenant shall thereafter be a “place of public accommodation” under obligated at its own cost and expense to take such action and perform such work (including structural alterations) to the Premises, as required to comply with the Americans with Disabilities Act (“"ADA”") and other applicable handicapped access codes. Further, if, and to the extent, due to Tenant's use of, or alterations to, or work performed by Tenant in the Premises, changes, alterations or improvements to Building 2, Parcel 2 or other portions of the Center are required by any other comparable law as a result of Tenant’s usegovernmental agency, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for the costs of such changes, alterations and improvements. Notwithstanding the foregoing, nothing contained herein shall limit or affect any alterationsrepresentations, structural warranties or otherwise, required covenants of Landlord or any of Landlord's contractors with respect to be made any work performed pursuant to Article 8 or Exhibit C. Except to the Building or the Premises under such laws. If any governmental authority shall deem any portion extent of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the ProjectTenant's compliance obligations set forth above, Landlord shall be responsible forobligated to comply with all Legal Requirements, at its costincluding, any alterationswithout limitation, structural or otherwisethe ADA and other applicable handicapped access codes, required with respect to be made all portions of Parcel 2 outside of Building 2, subject to reimbursement as specifically set forth in this Lease and further subject to the terms of the Declaration. 4.6 Tenant shall place no loads upon the floors, walls, ceilings or roof of the Building (other than in excess of the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAmaximum design load of Building 2.

Use of Premises. Tenant The Premises shall use the Premises only be used solely for biomedical laboratory researchgeneral, and general office executive and administrative services office purposes for the initial contemplated business use set forth in Paragraph 2.g. above or for general, executive and administrative office purposes for any other business which is not inconsistent with the standards of operation for office buildings in San Francisco that are comparable to the Building and have comparable improvements, provided such other office use is not a use which conflicts with the terms of any easement, covenant, condition or restriction, or other agreement affecting the Real Property or violate any provision of this Lease, and for no other purpose. Except as specifically provided ; for in this Section 6example, but without limitation, Tenant shall have the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any right to devote a reasonable portion of the Premises towards the operation of a fitness center for Tenant’s employees (including shower facilities) subject to such reasonable rules and regulations regarding such operations as Landlord may implement for such fitness center and/or the installation of a data center for Tenant’s operations. Notwithstanding the foregoing, Tenant’s employees will have the right to bring licensed pet dogs into the Premises at any time, subject to applicable Legal Requirements and Landlord’s reasonable written regulations (as the same may be prepared and reasonably amended from time to time) regarding dogs in the Building, including, without limitation, those regarding animal waste, noise, animal behavior and limitations on the use of Common Areas. The existing Building rules regarding dogs in the Project are attached as Exhibit G, which rules are subject to reasonable modification from time to time, in Landlord’s reasonable judgment. Further, Tenant may operate within the Premises a full cooking kitchen and/or a cafeteria, provided that such kitchen and cafeteria are used for a vivarium for animals larger than rodentsonly by Tenant’s employees, clients and guests and are not open to the public generally. At either’s requestFurther, if, at any time while the kitchen is in operation, Landlord reasonably determines that odors are emitted from the Premises and noticeable in common areas of the Project, in the premises of other tenants or at neighboring buildings, Landlord may notify Tenant thereof and Tenant shall cooperate shall, at Tenant’s sole cost and assist each other in developing and implementing a communications plan expense, promptly use reasonable efforts to correct the problem to Landlord’s reasonable satisfaction (such as modifying the HVAC and/or exhaust system for the Project Premises if the same is required to remedy such odors). Tenant shall, at its sole cost, store and cause to be removed daily to the appropriate areas of the Building, as designated by Landlord, all of Tenant’s use wet and dry refuse resulting from the operation of the Premises, including any uses that may be deemed controversialkitchen and/or cafeteria. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use utilize the refuse containers designated by Landlord or, at Landlord’s option, Landlord may require Tenant to obtain Tenant’s own containers, provided the same comply with Landlord’s reasonable specifications for the same and Landlord provides space for such containers (at no additional cost to Tenant). Tenant shall pay Tenant’s pro-rata share of the Premises which will negatively affect cost for the cost disposal of coverage of Landlord’s insurance on wet refuse and dry refuse from the ProjectBuilding. Tenant shall not allow any inflammable do or explosive liquids suffer or materials permit anything to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant done in or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon about the Premises or allow the Project, nor bring or keep anything therein, which would in any offensive noise way subject Landlord, Landlord’s agents or odor the holder of any Superior Interest (as defined in Paragraph 21) to any liability, increase the premium rate of or around affect any fire, casualty, liability, rent or other insurance relating to the Premises to emanate outside Project or any of the Premises. Subject contents of the Building (unless Tenant agrees to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to pay the Premises 24 hours per day, 7 days a week. Tenant shall comply, at increased portion of the insurance premium resulting from Tenant’s cost, with any and all applicable provisions of use for the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law period that such insurance premium is increased as a result of Tenant’s useactivities, Tenant which payment shall either modify its use constitute additional rent under this Lease), or cause a cancellation of, or give rise to cause any defense by the insurer to any claim under, or conflict with, any policies for such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such lawsinsurance. If any governmental authority shall deem any portion act or omission of the Project Tenant (other than the Premisesmere occupancy and use of the Premises for customary general office purposes in accordance with the terms of this Lease) is the sole cause of any such increase in premium rates, Tenant shall pay to Landlord the amount of such increase within thirty (30) days following notice from Landlord accompanied by reasonable detailed back-up documentation. Tenant shall not do or suffer or permit anything to be a “place done in or about the Premises or the Project which will in any way obstruct or interfere with the rights of public accommodation” under the ADA other tenants or any other comparable law as a result occupants of the uses permitted under applicable laws and Project or injure or annoy them, or use or suffer or permit the Master Use Permit Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain, suffer or permit any nuisance in, on or about the Premises or the Project. Without limiting the foregoing, no loudspeakers or other land use permits for similar device which can be heard outside the ProjectPremises shall, Landlord without the prior written approval of Landlord, be used in or about the Premises. Tenant shall be responsible for, at its cost, any alterations, structural not commit or otherwise, required suffer to be made committed any waste in, to or about the Building Premises. Landlord may from time to time conduct fire and life safety training for tenants of the Building, including evacuation drills and similar procedures. Tenant agrees to participate in such activities as reasonably requested by Landlord. Tenant agrees not to employ any person, entity or contractor for any work in the Premises (other than including moving Tenant’s equipment and furnishings in, out or around the Premises) under such laws. Landlord agrees that Landlord’s Work whose presence may give rise to a labor or other disturbance in the Premises shall comply with Building and, if necessary to prevent such a disturbance in a particular situation, Landlord may require Tenant to employ union labor for the ADAwork.

Use of Premises. Tenant shall 11.1 Without the prior written consent of Lessor, Lessee agrees that it will use the Leased Premises only as a software development facility and for biomedical laboratory research, and general office and administrative services and purposes reasonably incident thereto. 11.2 Lessee agrees and acknowledges that for no other purpose. Except as specifically provided for in this Section 6itself, any subtenant or any assignee, it shall neither occupy nor use the Leased Premises shall not or permit the same to be occupied or used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldbusiness or use which, conditioned or delayed by Landlord; provided, however, that in no event shall any portion under the Zoning Ordinances of the Premises be used City of Nashua, New Hampshire, requires a number of parking spaces which is greater than 19.626% percent of all the parking spaces provided on the site of 20 Ixxxxxxxxx Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxxxxx. Xxe Lessee agrees that for a vivarium for animals larger itself or any subtenant, it shall use no more than rodents. At either’s request19.626% percent of all the parking spaces provided on the site of 20 Ixxxxxxxxx Xxxx Xxxxx, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s Xxxxxx, Xxx Xxxxxxxxx. 11.3 In its use of the Leased Premises, including Lessee shall comply with all statutes, ordinances and regulations applicable to the use thereof, including, without limiting the generality of the foregoing, the Zoning Ordinances of the City of Nashua, New Hampshire, as now in effect or as hereafter amended, and comply with all reasonable insurance requirements. If in the Lessee's use of the leased premises it engages in any uses action that may be deemed controversial. The reasonable costs would increase the cost of any insurance on 20 Ixxxxxxxxx Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxxxxx xxxsessed by the Lessor, the Lessee shall either pay for any increase in the cost of such insurance or meet the necessary insurance requirements and make the necessary improvements to develop eliminate the insurance cost increase. 11.4 Lessee shall not injure or implement a communications plan deface, or commit waste with respect to the Leased Premises nor occupy or use the Leased Premises, or permit or suffer any part thereof to be occupied or used, for any unlawful or illegal business, use or purpose, nor for any business, use or purpose deemed to be disreputable or high-hazard, nor in such manner as to constitute a Tenant nuisance of any kind, nor for any purpose in any manner in violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of any governmental or lawful authority including Boards of Fire Underwriters. Lessee shall, immediately upon the discovery of any such unlawful, illegal, disreputable or high-hazard use, take, at its own cost and expense, all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove the subtenants, occupants or other persons guilty of such unlawful, illegal, disreputable or high-hazard use. 11.5 Lessee agrees not to use the Leased Premises for the generation, storage or treatment of hazardous waste, and hereby certifies that is deemed controversial his operations or other use of the Leased Premises will not involve same. For purposes of this Lease, the term "hazardous waste" shall be paid defined by Tenantcumulative reference to the following sources as amended from time to time: (1) The Resource Conservation and Recovery Act of 1976, 42 USC Sections 901 et seq (RCRA); provided that (2) EPA Federal Regulations promulgated thereunder and codified in 40 C.F.R. Parts 260-265 and Parts 122-124; (3) New Hampshire R.S. A. ch 147 and 147-A; (4) New Hampshire Regulations promulgated thereunder by any such costs agency or department of state. 11.6 Lessee shall be reasonably allocated between Tenant and procure any other tenant whose use is addressed licenses or permits required by the communications plan. Except as permitted above, Tenant shall not allow any use of the Leased Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADALessee.

Use of Premises. Tenant The Premises shall use be occupied and used exclusively for residential purposes and exclusively by the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposeundersigned Lessees. Except as specifically provided for in this Section 6, the The Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may or by any persons not a party to this Rental Agreement. While Xxxxxx is in compliance with all the terms and conditions of this Rental Agreement, Lessee shall be unreasonably withheldentitled to the quiet use and enjoyment of the Premises, conditioned or delayed by Landlord; provided, however, that in no event Lessee shall any portion of not interfere with the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord quiet use and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use enjoyment of the Premises, including or any uses that may be deemed controversialpart thereof, by other Lessees. The reasonable costs to develop or implement a communications plan Lessee shall, in particular, comply with respect to a Tenant the following: (a) Lessee shall observe all regulations of any insurance underwriters concerning the use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use condition of the Premises which will negatively affect regarding the cost reduction of coverage of Landlord’s insurance on the Projectfire hazards and other insurable risks. Tenant Lessee shall not allow any inflammable store, keep or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises any flammable liquid, explosive or like substance of any kind. In addition, Lessee shall not, under any circumstances, store anything within FOUR (4) FEET of the furnace or water heater within the Premises. If there is a fireplace in the Premises, Lessee shall not use the fireplace, if any, and shall not install a fire pit on the premises. No pools over 30 inches in height or trampolines may be set up at the Premises. No live Christmas trees may be set up on the Premises. (b) Lessee may not go on to emanate the roof for any purpose. A single violation of this provision may be deemed a serious violation and a material noncompliance with the Rental Agreement and substantiate good and justifiable cause for termination of tenancy. CRMC notes that the City of East Lansing is considering an ordinance that would make use of a roof a criminal violation. (c) Grills must be stored at least 10 feet away from the Structure. They may not be stored inside the Premises, on the porch or deck. (d) Vaping is prohibited. Vaping damages smoke detectors and can set off alarm systems. Lessees shall be responsible for all costs arising from vaping on the Premises. (e) No extension cords may be used on the Premises. Surge protectors may be used. (f) No musical instruments, radios, televisions, stereos, CD players or other electronic or audio equipment shall be operated in a manner that is disturbing or annoying to other Lessees, nor shall any disturbing noises be made at any time. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by Xxxxxx on the outside of the building. (g) The entrances, corridors, passages, stairways and elevators shall not be obstructed or used by the Lessee for any purpose other than ingress or egress to and from the Premises. Lessee shall not park or store any property, including, bicycles, mopeds, sleds, or other like equipment in front of the Premises or in passageways. Personal property shall be parked and stored only in designated areas. (h) Lessee shall make no alterations, including but not limited to locks, bolts or latches, decorations, additions or improvements in or to the Premises without the prior written consent of CRMC. All alterations, additions or improvements upon the Premises, made by either party, shall, in CRMC's sole discretion, become the property of CRMC. Xxxxxx agrees that they will not put spikes, screw-in hooks, large nails, plastic or metal anchors, or other large fasteners into or affixed to any wall or woodwork without the prior written consent of CRMC, and agree that, by reason of their agreement, such action is NOT normal wear and tear. CRMC recommends the use of removable fasteners, which do not make holes in or mar the walls or woodwork. No alterations may be made to the electrical system unless a permit has been issued by the appropriate governmental agency and CRMC has provided prior written consent to the change. (i) Waterbeds or extremely heavy articles shall not be placed in the Premises without the prior written consent of CRMC. (j) Lessee shall properly operate the garbage disposal, allowing cold water to run for at least two (2) minutes to flush shredded waste material. Lessee shall not permit foreign objects, including, shot glasses, bottle caps, spoons, forks, sponges, cigarette butts, etc. in the garbage disposal. (k) Xxxxxx agrees not to engage personally or permit any unlawful activities on the Premises. Lessee, any member of Xxxxxx's household or guest or other person under Xxxxxx's control shall not engage in any act intended to facilitate criminal activities and acts of violence, including, but not limited to, the unlawful discharge of firearms on or off the Premises, acts of violence that damage or destroy the dwelling unit or disturb or injure other residents or others in the unit, common areas or on the grounds. (l) Lessee shall not violate the laws of any state, city, municipality or other governmental unit regarding the use of controlled substances or the use of alcohol by minors. Lessee shall not knowingly permit any member of Xxxxxx's household, or a guest or other person under Xxxxxx's control to engage in drug related criminal activity, in the unit, in the common areas, or on the grounds of the Premises. Subject "Drug- related criminal activity" means the illegal manufacture, sale, distribution, use, or possession, with intent to events beyond Landlord’s control manufacture, sell, distribute or use, of a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802). (m) Lessee shall maintain the Premises in a clean and habitable condition. No food, drink, dirt, boxes, bags, dirty clothing, bottles, cans, or refuse of any sort shall be permitted to accumulate on the Premises. If Lessee fails to maintain the Premises in a clean manner, CRMC may, at its option, clean the Premises and assess the charge for safety such cleaning to Lessees as additional rent, which shall be immediately due and payable, or health reasonsproceed with an eviction pursuant to paragraphs 32(k) and 31. (n) Lessee shall leave the heat set to a minimum of 60° during the months of October through March, Tenant and its employees shall have access at any time that the outside temperature is less than 32° Fahrenheit (0° Celsius), including, but not limited to during any vacation or break time. Failure to comply with this provision may result in damage to pipes in the Premises, damage to personal property and damage to the Premises 24 hours per day, 7 days a weekbuilding. Tenant shall comply, at Tenant’s cost, with Lessee is responsible for any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law damages occurring as a result of Tenant’s useviolation of this provision, Tenant shall either modify its use including, but not limited to cause such authority increased utility expenses, damage to rescind its designation or be responsible for real and personal property, lost rent, alternate housing costs, and any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion and all consequential damages. (o) A single violation of the Project (other than above provisions may be deemed a serious violation and a material noncompliance with the Premises) to Rental Agreement and substantiate good and justifiable cause for termination of tenancy. Unless otherwise provided by law, proof of violation shall be by a “place of public accommodation” under the ADA or any other comparable law as a result preponderance of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAevidence.

Use of Premises. Tenant The Premises shall use the Premises be used as Lessee’s residence only for biomedical laboratory research, and general office and administrative services and for no other purposepurposes whatsoever. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent Lessee may not be unreasonably withhelduse Premises in violation of any laws, conditioned ordinances, restrictions or delayed by Landlord; provided, however, regulations of any governmental body or create a nuisance. Lessee may not conduct any activity which increases the insurance rates. Lessee avers and agrees that in no event shall any portion of the Premises be used this residential lease agreement constitutes a contract providing for a vivarium for animals larger than rodents“necessary” (pl. At either’s request, Landlord and Tenant form: “necessaries”). Lessee shall cooperate and assist each other give written notice to Lessor or Agent of any material change in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside condition of the Premises. Subject If in the opinion of Lessor or Agent the Premises are damaged by fire, storm, earthquake or any other casualty whatsoever as to events beyond Landlord’s control be unfit for occupancy, then upon written notice by Lessor or Agent this lease shall terminate with rent prorated as of the date that the Premises became unfit for safety occupancy. Lessor/Agent shall not be liable to Lessee for hotel costs or health reasonsother housing arrangements/accommodations in the event the premises are temporarily untenantable. Lessee agrees to make no addition, Tenant and its employees shall have access alternation, or improvement, including painting, to the Premises 24 hours per daywithout the prior written consent of Lessor. All additions, 7 days a weekalterations, and improvements (with the exception of fixtures removable without damage to the Premises), shall be the property of Lessor, and Lessee shall not be entitled to compensation therefor, nor shall Lessee remove them from the Premises without the prior written consent of the Lessor. Tenant shall complyIf Lessee makes any addition, alteration, or improvement, including painting, to the Premises without the prior written consent of Lessor, then Lessor/Agent may, at Tenant’s costits option, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied require Lessee to Tenant. If any governmental authority shall deem restore the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenanttheir former condition at Lessee’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such lawsexpense. If any governmental authority shall deem any portion of Lessee fails or refuses to make such restoration within thirty (30) days after written notice from Lessor/Agent to do so, Lessor/Agent may restore the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws premises and the Master Use Permit or other land use permits for the Project, Landlord Lessee shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to Lessor/Agent for the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtotal cost thereof.

Use of Premises. (a) The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Section 1(1) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, Xxxxxx agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. Tenant agrees to comply with all applicable laws, ordinances and regulations and comply with all requirements of Landlord’s prior written consent insurance policies and the American Insurance Association now or hereafter in force in connection with its use of the Premises. Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit reasonably established by Landlord or permit any explosives to enter the Development. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything therein which consent may will in any way increase the fire insurance premium upon the Building. Tenant shall not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable such governmental law, ordinance or explosive liquids or materials regulation required to be kept on complied with by Tenant pursuant to this Section 10 and may postpone compliance therewith, provided such contest does not subject Landlord to criminal prosecution for noncompliance therewith and, further, provided, that Tenant promptly pays all fines, penalties and other costs and interest thereon imposed upon Landlord as a result of such noncompliance. (b) During the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveLease Term, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant Landlord shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) Development to be used or occupied for a “place of use which would be inconsistent with maintaining a highly respected public accommodation” under image for the ADA or Building, including, without limitation, any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit “Prohibited Uses,” described on Exhibit “I” hereto. Tenant agrees not to use, or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required permit to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in used any portion of, the Premises shall comply with for any of the ADAProhibited Uses.

Use of Premises. (a) The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Section 1(1) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, Tenant agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. Tenant agrees to comply with all applicable laws, ordinances and regulations and comply with all requirements of Landlord’s prior written consent insurance policies and the American Insurance Association now or hereafter in force in connection with its use of the Premises. Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit reasonably established by Landlord or permit any explosives to enter the Development. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything therein which consent may will in any way increase the fire insurance premium upon the Building. Tenant shall not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable such governmental law, ordinance or explosive liquids or materials regulation required to be kept on complied with by Tenant pursuant to this Section 10 and may postpone compliance therewith, provided such contest does not subject Landlord to criminal prosecution for noncompliance therewith and, further, provided, that Tenant promptly pays all fines, penalties and other costs and interest thereon imposed upon Landlord as a result of such noncompliance. (b) During the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveLease Term, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant Landlord shall not permit any nuisance portion of the Development to be used or waste upon occupied for a use which would be inconsistent with maintaining a highly respected public image for the Building, including, without limitation, any of the “Prohibited Uses,” described on Exhibit “I” hereto. Tenant agrees not to use, or permit to be used any portion of, the Premises or allow for any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonsProhibited Uses. (c) During the Term, Tenant and its employees shall have access to without the Premises 24 hours per dayprior written consent of Tenant, 7 days a week. Tenant shall comply, at which may be withheld in Tenant’s costsole and absolute discretion, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority Landlord shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) not suffer or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem permit any portion of the Project Building (other than the Premises) to be a “place of public accommodation” under the ADA occupied by any residential mortgage lender or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectresidential mortgage broker, Landlord shall be responsible forreal estate broker, at its cost, any alterations, structural or otherwise, required to be made to the Building bank (other than the Premises) under such laws. Landlord agrees a full service retail branch bank that Landlord’s Work does not specialize in the Premises shall comply with the ADAmaking of residential mortgage loans as a primary business) or title insurance company (collectively, “Tenant’s Exclusive Uses”).

Use of Premises. The Premises shall be used and occupied by Tenant solely for the main and related purposes of office space. Tenant shall, at Tenant's expense, comply promptly with all applicable statues, ordinances, rules, regulations, orders and requirements in effect during the term of this Lease regulating the use by Tenant of the Premises. Tenant shall not use or permit the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion use of the Premises in any manner than will tend to create waste or a nuisance or which shall tend unreasonably to disturb other tenants of the Building. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used for or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and above the Premises, either in connection with activities hereunder expressly permitted or other wise, which would cause a vivarium for animals larger than rodentscancellation of any policy of insurance (including fire insurance) maintained by Landlord in connection with the Premises or the Building. At either’s request, Landlord and Tenant shall cooperate forthwith pay to Landlord upon demand therefor the amount of any additional insurance assessed to Landlord with respect to the Premises and assist each other in developing and implementing a communications plan for the Project and Building on account of activities of Tenant or Tenant’s use 's vacation of the Premises, including any uses whether or not they are permitted by this Lease. Tenant shall comply with all restrictive covenants, easements and requirements that may be deemed controversialof record either presently or in the future and that burden the Premises. The reasonable costs Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to develop or implement a communications plan with respect to a Tenant time promulgate respecting use that is deemed controversial and occupancy of the Building. Such rules and regulations shall be paid binding upon Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the breach thereof by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by tenants of the communications planBuilding or occupants if applicable. Except as permitted above, Tenant shall not allow any use Tenant's occupancy of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials be deemed to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use an acceptance of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon "as is" and an acknowledgement that the Premises or allow any offensive noise or odor have been satisfactorily completed and are in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or good condition, except for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAlatent defects.

Use of Premises. Tenant shall use (a) Lessee shall, at its sole cost and expense, have the Premises right and obligation to install the Units and provide the services specifically listed on Exhibit E, Section I (the “Basic Services”) only at the truck parking spaces approved in advance in writing by Landlord for biomedical laboratory research, and general office and administrative services and for no other purposeeach respective Travel Center. Except as specifically provided for in this Section 6, the Premises Lessee shall not make the Services available anywhere else at the Travel Centers except at the truck parking spaces approved by Landlord with the understanding that wireless internet access may be used for available to IdleAire customers wherever they choose to access it. Under no circumstances will Lessee be permitted to deliver any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of physical products to customers at the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan Travel Centers except for the Project and Tenant’s use of the Premisesitems listed on Exhibit E, including any uses that may be deemed controversial. The reasonable costs to develop Section III, or implement a communications plan with respect *** Indicates where material is omitted pursuant to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant confidential treatment request and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or filed separately with the operation of the Project Commission. additional items approved in writing by Landlord. Tenant Except for pre-existing contractual obligations for any Travel Centers purchased by Landlord after the date of this Agreement, Landlord shall not permit any nuisance person other than Lessee to install any device, equipment or waste upon apparatus in the Premises parking lot for provision of any Basic Services on the parking areas for which Landlord receives Lease Consideration from Lessee, or allow any offensive noise or odor to otherwise provide in-cab heating and/or cooling of tractor-trailers at the Travel Centers, during the term of this Agreement provided Lessee is not in or around the Premises to emanate outside breach of the Premisesterms of this Agreement and no default has occurred or is continuing. Subject The foregoing sentence shall apply to events beyond Landlord’s control “wired-based” solutions only, shall not in any way restrict Landlord‘s customers‘ use of self-contained equipment for the provision of Basic Services or for safety prohibit Landlord from offering, directly or health reasonsindirectly, Tenant and its employees wireless internet access at the Travel Centers. (b) Other than the auxiliary services listed on Exhibit E, Section II. (the “Auxiliary Services”), Lessee shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with not offer or provide any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) goods or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (services other than the Premises) Basic Services without the prior written approval of Landlord, which approval Landlord may withhold in Landlord‘s sole discretion. In the event Lessee desires to offer other services Lessee shall provide a written request to Landlord containing a complete description of the proposed services to be offered and a proposal on the revenue sharing with respect to such services. Auxiliary Services, together with Basic Services, are sometimes collectively referred to herein as the “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAServices”.

Use of Premises. Tenant SECTION 1. The Lessee shall have the right to use the Demised Premises only for biomedical laboratory researchstorage, data center, research and general development, systems integration, office uses and administrative services for any uses ancillary or incident to such foregoing uses and for no other purposepurpose or purposes whatsoever. Except as specifically provided for in this Section 6, the The Demised Premises shall not be used only in compliance with applicable laws and only if and to the extent the Lessee has obtained and maintained all licenses and permits which may be necessary for any other purpose without Landlord’s prior written consent which consent may its use. SECTION 2. The Lessee shall not be unreasonably withheld, conditioned use or delayed by Landlord; provided, however, that in no event shall any portion of occupy or permit the Demised Premises to be used for or occupied, nor do or permit anything to be done in or on the Demised Premises or any part thereof, in a vivarium for animals larger manner that would in any way violate any certificate of occupancy affecting the Demised Premises or make void or voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance thereon required to be furnished hereunder by the Lessee, or that will cause or be likely to cause structural injury to the Demised Premises, or that will constitute a public or private nuisance or waste. SECTION 3. The Lessee further agrees that it shall not use (other than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s incidental to its use of the Premises, including Demised Premises and only if in compliance with applicable laws and after Lessee notifies Lessor thereof) or dispose of any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept hazardous substance on the Premises except as authorized and permitted under Section 27 shall promptly notify the Lessor of this Lease. Except as permitted aboveany filing or notice, Tenant shall not allow claim or action, pending or threatened, by any use of governmental agency having jurisdiction over the Premises which would unreasonably interfere with on account of any other tenant hazardous materials or with substances. In the operation of event any liability or cost is imposed upon or incurred by the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access Lessor pursuant to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29Massachusetts General Laws, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) Chapter 21E or any other comparable federal, state or local law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation governing hazardous waste or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law substances as a result of the uses permitted under applicable laws and Lessee's breach of the Master Use Permit or other land use permits for provisions hereof, the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required Lessee agrees to be made solely responsible for all costs of removal, clean up fees and fines or remediation associated therewith including all of Lessor's costs related to or incurred and to fully indemnify and hold the Building (other than Lessor harmless from actual losses, costs and claims, including the Premises) under such lawsdefense thereof, suffered by the Lessor. Landlord agrees that Landlord’s Work in This indemnity shall expressly survive the Premises shall comply with the ADAtermination of this Lease.

Use of Premises. 4.1 The Premises shall be used and occupied only for the purposes described in Paragraph 1(h) above and for other uses permitted within the light industrial zoning district within which the Premises is located, unless prohibited by the Declaration, and provided Tenant's use otherwise complies with all applicable governmental requirements. Tenant shall not use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose purposes without Landlord’s 's prior written consent consent, which consent may not be unreasonably withheldwithheld in Landlord's sole discretion. Without limiting the foregoing, conditioned or delayed by Landlord; provided, however, it is acknowledged that in no event shall any Tenant may elect to use a portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord an employee cafeteria and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; kitchen facilities provided that any all construction of such costs shall be reasonably allocated between Tenant and any other tenant whose use facilities is addressed by performed in accordance with the communications plan. Except as permitted above, provisions of Section 9.5 hereof. 4.2 Tenant shall not allow do or permit to be done in or about the Premises anything which is illegal or unlawful; or which will cause cancellation of any insurance on the building of which the Premises are a part. Tenant shall not obstruct or interfere with the rights of any other tenants and occupants of the Center or their invitees, nor injure them, nor operate the Premises in a manner which unreasonably disturbs other tenants in the use of their premises in the Center. Tenant shall not cause, maintain or permit any nuisance on or about the Premises. Tenant shall not use nor permit the use of the Premises which will negatively affect or any part thereof as living quarters. 4.3 Tenant acknowledges that although Landlord has permitted Tenant the cost use of coverage Premises for the purpose described in this Article, neither Landlord nor any agent of Landlord’s insurance on Landlord has made any representation or warranty to Tenant with respect to the Projectsuitability of the present zoning of the Building for such use. Tenant assumes all responsibility for investigating the suitability of the zoning for its use and for compliance with all other laws and regulations governing such use. 4.4 Tenant shall not allow any inflammable or explosive liquids or materials to be kept on have use of, and access to, the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 twenty four (24) hours per day, 7 three hundred sixty five (365) days a week. per year, subject to the provisions of this Lease and ordinances and regulations of applicable governmental agencies. 4.5 Tenant shall complyagrees that, at Tenant’s costits own cost and expense, it will comply with and conform to all Legal Requirements (as defined in Section 4.7(d) below) in any and all applicable provisions way relating to the use or occupancy of the April 29Premises throughout the entire term of this Lease; including the Livermore Fire Code requiring all tenants to obtain fire extinguishers for the Premises and maintain them so that they are fully charged and operational at all times and inspected annually. Further, 2002 Transportation Management Plan, a copy of which has been supplied subject to Tenant. If any governmental authority shall deem Landlord's obligation to deliver the Premises to Tenant in the Delivery Condition, Tenant shall thereafter be a “place of public accommodation” under obligated at its own cost and expense to take such action and perform such work (including structural alterations) to the Premises, as required to comply with the Americans with Disabilities Act (“"ADA”") and other applicable handicapped access codes. Further, if, and to the extent, due to Tenant's use of, or alterations to, or work performed by Tenant in the Premises, changes, alterations or improvements to Building 3, Parcel 3 or other portions of the Center are required by any other comparable law as a result of Tenant’s usegovernmental agency, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for the costs of such changes, alterations and improvements. Notwithstanding the foregoing, nothing contained herein shall limit or affect any alterationsrepresentations, structural warranties or otherwise, required covenants of Landlord or any of Landlord's contractors with respect to be made any work performed pursuant to Article 8 or Exhibit C. Except to the Building or the Premises under such laws. If any governmental authority shall deem any portion extent of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the ProjectTenant's compliance obligations set forth above, Landlord shall be responsible forobligated to comply with all Legal Requirements, at its costincluding, any alterationswithout limitation, structural or otherwisethe ADA and other applicable handicapped access codes, required with respect to be made all portions of Parcel 3 outside of Building 3, subject to reimbursement as specifically set forth in this Lease and further subject to the terms of the Declaration. 4.6 Tenant shall place no loads upon the floors, walls, ceilings or roof of the Building (other than in excess of the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAmaximum design load of Building 3.

Use of Premises. Tenant a. TENANT shall be entitled to use the Premises only for biomedical laboratory researchthe purposes of operating, using, maintaining, renewing, replacing and general office and administrative services repairing the Existing Truck Unloading Facility in connection with the supply of coal to the Station pursuant to the Coal Supply Agreement, and for no other purposeuse unless written permission is first obtained from LANDLORD for such other use. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent TENANT may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside provide goods or services to parties other than LANDLORD, unless otherwise authorized in writing by the LANDLORD. During the term of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonsthis Agreement, Tenant and its employees TENANT shall have access to the Premises 24 hours per dayalong a roadway owned, 7 days a week. Tenant used and controlled by LANDLORD. b. During the term of this Agreement, the Existing Truck Unloading Facility shall comply, at Tenant’s cost, with any remain the sole and all applicable provisions exclusive property of the April 29TENANT and/or an affiliate of TENANT. Upon expiration or termination of this Agreement, 2002 Transportation Management Plan, a copy the Existing Truck Unloading Facility shall become the property of which has been supplied the LANDLORD in accordance with paragraph 8. c. TENANT shall have the right to Tenant. If any governmental authority shall deem place on the Premises such non-permanent machines, tools or other equipment and items as it shall consider necessary or desirable for the purpose for which this Agreement is made (collectively, “Equipment”). Such Equipment shall at all times remain the sole and exclusive personal property of TENANT and may be removed by TENANT at any time, whether at the termination of this Agreement, or prior thereto. TENANT shall be responsible for property taxes on the Equipment. Any machines, tools, equipment or other items which TENANT permanently affixes to the Existing Truck Unloading Facility or the Premises during the term of this Agreement shall be deemed to be a “place part of public accommodation” the Existing Truck Unloading Facility. (i) TENANT shall not, at any time, use, or store, or permit the use or storage of, on the Premises, any material designated as hazardous or toxic (either in its original form or as waste upon disposal) unless reasonably required by TENANT or TENANT’s subcontractor(s) for the operation and maintenance of the Existing Truck Unloading Facility and such use or storage is in compliance with applicable laws, rules, regulations or ordinances. TENANT agrees not to commit or permit any waste or nuisance on or about the Premises nor do or permit any act that poses a threat of environmental harm or damage which constitutes a violation of applicable environmental laws. Without limitation of the foregoing, TENANT shall not dispose of any hazardous or toxic material or petroleum product in, or cause or permit release of any such material or product into, land, water, storm drains or sewers on or near the Premises. (ii) LANDLORD shall provide TENANT written notice of violation of the provisions of paragraph 5.d.(i). If TENANT, in accordance with the applicable laws, fails to initiate correction of such violation and does not identify a cure reasonably acceptable to LANDLORD within thirty (30) days of receipt of LANDLORD’s written notice, TENANT will be in material default under this Agreement. In the event TENANT fails to comply with paragraph 5.d.(i) above, and fails or refuses to cure such noncompliance within thirty (30) days after the date of TENANT’S receipt of written notice of such noncompliance from LANDLORD, the LANDLORD may immediately take remedial action to prevent further noncompliance and contain and clean up releases of such materials or products, and TENANT shall indemnify LANDLORD for any reasonable costs and expenses incurred by LANDLORD. LANDLORD may deduct such costs and expenses from amounts due TENANT under the Americans with Disabilities Act (“ADA”) Coal Supply Agreement. Any such action by LANDLORD shall not constitute a waiver of other rights available to LANDLORD under this Agreement, including but not limited to termination rights. Nothing in this paragraph 5.d. shall relieve TENANT of any of its obligations or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building liabilities under this Agreement or the Premises under such laws. If any governmental authority Coal Supply Agreement. e. TENANT shall deem any portion not place underground or aboveground storage tanks, other than those required for the operation of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the ProjectExisting Truck Unloading Facility, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in on the Premises shall comply with the ADAwithout LANDLORD’s prior written consent.

Use of Premises. (a) The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Section 1(j) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, Tenant agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. Tenant agrees to comply with all applicable laws, ordinances and regulations and comply with all requirements of Landlord’s prior written consent insurance policies and the American Insurance Association now or hereafter in force in connection with its use of the Premises. Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit reasonably established by Landlord or permit any explosives to enter the Development. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything therein which consent may will in any way increase the fire insurance premium upon the Building. Tenant shall not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable such governmental law, ordinance or explosive liquids or materials regulation required to be kept on complied with by Tenant pursuant to this Section 10 and may postpone compliance therewith, provided such contest does not subject Landlord to criminal prosecution for noncompliance therewith and, further, provided, that Tenant promptly pays all fines, penalties and other costs and interest thereon imposed upon Landlord as a result of such noncompliance. (b) During the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveLease Term, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant Landlord shall not permit any nuisance portion of the Development to be used or waste upon occupied for a use which would be inconsistent with maintaining a highly respected public image for the Building, including, without limitation, any of the “Prohibited Uses,” described on Exhibit “H” hereto. Tenant agrees not to use, or permit to be used any portion of, the Premises or allow for any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonsProhibited Uses. (c) During the Term, Tenant and its employees shall have access to without the Premises 24 hours per dayprior written consent of Tenant, 7 days a week. Tenant shall comply, at which may be withheld in Tenant’s costsole and absolute discretion, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority Landlord shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) not suffer or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem permit any portion of the Project Building (other than the Premises) to be a “place of public accommodation” under the ADA occupied by any residential mortgage lender or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectresidential mortgage broker, Landlord shall be responsible forreal estate broker, at its cost, any alterations, structural or otherwise, required to be made to the Building bank (other than the Premises) under such laws. Landlord agrees a full service retail branch bank that Landlord’s Work does not specialize in the Premises making of residential mortgage loans as a primary business) or title insurance company (collectively, “Tenant’s Exclusive Uses”). (d) In the event of a violation of the provisions of Sections 10(b) or (c) all Rent shall comply xxxxx and Tenant shall have the right to terminate this Lease pursuant to this Section during the period commencing on the date of the violation of Sections 10(b) or (c)and ending on the date which is Two Hundred Seventy days after Landlord has received written notice of such violation by Tenant’s having given thirty days written notice to Landlord, in which event all further obligations under the Lease shall terminate on the date specified in Tenant’s notice, Landlord and Tenant shall be released from any and all liability thereafter accruing hereunder, and any Rent paid in advance by Tenant shall be refunded to Tenant within thirty days after termination of the Lease. Tenant’s failure to exercise the termination option is not a waiver of Tenant’s continuing right to do so as long as a violation of the provisions of Sections 10(b) or (c) exists. Without limiting Tenant’s rights and remedies under this Section, Tenant shall have all available legal and equitable remedies (including injunction) in the event of a violation of the provisions of Sections 10(b) or (c). Notwithstanding the foregoing or anything else to the contrary contained in this Lease, if (i) at the time Landlord enters into a lease for a portion of the Building with a tenant, such tenant is not involved in the ADAbusiness of any of Tenant’s Exclusive Uses, (ii) the lease with such tenant expressly prohibits the use of its demised premises for any of Tenant’s Exclusive Uses, (iii) such tenant violates its lease and conducts business for one or more of Tenant’s Exclusive Uses, and (iv) Landlord immediately takes and diligently pursues all necessary action(s) to cause such tenant to cease such violation, including, without limitation, seeking to and evicting such tenant, then if such violation continues for a period of one hundred eighty days, Tenant may, at any time thereafter, terminate this Lease by notice to Landlord and this Lease shall thereafter terminate on the date set forth in Tenant’s termination notice, Tenant may not seek damages from Landlord and the Rent abatement will be limited to fifty percent of Rent. Tenant may also seek to enjoin any such violation by such tenant.

Use of Premises. (a) The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Section 1(m) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, Tenant agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. Tenant agrees to comply with Laws and comply with all requirements of Landlord’s prior written consent insurance policies applicable to Tenant’s particular use of the Premises (to the extent Tenant is notified in writing of such requirements and such policy allows for use of the Premises for Tenant’s Use) now or hereafter in force. Without limiting the foregoing, if any Law shall require alterations or modifications of the Premises (a “Code Modification”), such Code Modification shall be the sole and exclusive responsibility of Tenant, except the following, which consent shall be Landlord’s responsibility (the cost of which may be included in Expenses unless otherwise prohibited by the terms of this Lease): (i) requirements of structural or building system changes not related to or affected by improvements made by or for Tenant or not necessitated by Tenant’s act, and (ii) upgrades, retrofits, or improvements to the Premises, such as fire, life safety, accessibility (ADA) or seismic upgrades mandated by any Laws, unless necessitated by (1) Tenant’s particular and unique use of the Premises (rather than general office use) or (2) any Alteration made to the Premises by or on behalf of Tenant. (b) Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit reasonably established by Landlord or permit any explosives to enter the Building. Tenant shall not do or permit anything to be unreasonably withheld, conditioned done on or delayed by Landlord; provided, however, that about the Premises or bring or keep anything therein which will in no event any way increase the fire insurance premium upon the Building. Tenant shall not use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale (not including vending machines) or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable or explosive liquids or materials Law required to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere complied with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access may postpone compliance therewith, provided such contest does not subject Landlord to the Premises 24 hours per daycriminal prosecution for noncompliance therewith and, 7 days a week. further, provided, that Tenant shall complypromptly pays all fines, at Tenant’s cost, with any penalties and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law costs and interest thereon imposed upon Landlord as a result of Tenant’s usesuch noncompliance. (c) During the Term of this Lease, Tenant Landlord shall either modify not execute a lease (or affirmatively grant its consent to a sublease or assignment of a lease) which grants a tenant or occupant the right to use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem portion any portion of the Project (other than the Premises) Building to be used or occupied for a “place of use which would be inconsistent with maintaining a highly respected public accommodation” under image for the ADA or Building, including, without limitation, any other comparable law as a result of the uses permitted “Prohibited Uses,” described on Exhibit “I” hereto. Notwithstanding the foregoing, the above provision shall not apply to a current occupant or tenant of the Building who is operating under applicable laws and its current use clause or trade name as of the Master Use Permit or other land use permits for the Projectdate of this Lease, provided, however, Landlord shall be responsible fornot grant, at its cost, consent or amend any alterations, structural existing lease or otherwise, required occupancy agreement in a manner which causes such lease or occupancy agreement to be made inconsistent with the terms of this Section. Tenant agrees not to use, or permit to be used any portion of, the Premises for any of the “Prohibited Uses” or “Exclusive Uses” described on Exhibit “I” hereto. (d) During the Term of this Lease, without the prior written consent of Tenant, which may be withheld in Tenant’s sole and absolute discretion, Landlord (i) shall not execute a lease (or affirmatively grant its consent to a sublease or assignment of a lease) which grants a tenant or occupant the right to use any portion of the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work to any of the following entities, and (ii) shall not itself display in the Premises Common Areas materials from, or execute an agreement which grants the right to displays in the Common Areas by the following entities (each an “Excluded User”) or displaying the following messages: residential mortgage lender or residential mortgage broker, real estate broker or title insurance company other than Title Source, Inc.; National Basketball Association team other than the Cleveland Cavaliers; casino other than Horseshoe Cleveland, Horseshoe Cincinnati, Horseshoe Baltimore, Greektown Detroit, ThistleDown Racino or Turfway Park; graphic company other than Fathead; ticketing company other than Veritix; Alarm Company other than Protect America; online educational institutions (other than Northcentral University) such as University of Phoenix and Xxxxxx; luxury lifestyle magazines other than the Xxxx Report; tourism advertisements for cities other than Detroit or Cleveland, states other than Michigan or Ohio or countries other than the United States or advertisements portraying any of the foregoing in a negative manner; political messages of any kind; anything of an indecent or pornographic nature; or Minnesota-based law firms representing plaintiffs. Notwithstanding the foregoing, the above provision shall comply not apply to a current occupant or tenant of the Building who is operating under its current use clause or trade name as of the date of this Lease, provided, however, Landlord shall not grant, consent or amend any existing lease or occupancy agreement in a manner which causes such lease or occupancy agreement to be inconsistent with the ADAterms of this Section.

Use of Premises. (a) Landlord warrants that (i) the Premises are zoned and roved for general office purposes and purposes incident thereto and (ii) will request the appropriate authorities to issue a conditional Certificate of Occupancy or a Final Inspection Report allowing use of the Premises for the purposes permitted under this Section 3(a) of this Lease. Landlord shall deliver to Tenant a copy of the conditional Certificate of Occupancy for the Building and for the Premises and the Final Certificate of Occupancy upon issuance. (b) Landlord agrees that the use of the Premises by Tenant for the following specific purposes ("Additional Purposes") is permitted under this Lease, provided Tenant obtains and maintains all applicable governmental licenses and permits for such purposes: (i) Computer processing; (ii) Training for Tenant's employees and for non-employees of Tenant; (iii) Kitchen and cafeteria for the use of Tenant, Tenant's employees and Tenant's guests in that area designated for cafeteria equipment and use; and (iv) Printing for Tenant and Tenant's clients including photographic, multilith, or multigraph reproductions or offset printing in that area designated for such equipment and use. (c) Tenant shall use and occupy the Premises only for biomedical laboratory research, Tenant's executive and general office offices and administrative services for such related purposes as are described in subsection (b) of this Section 3 and for no other purpose. Except as specifically provided for in For the purposes of this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above3, Tenant shall not allow any be deemed to include Tenant's permitted subtenants, assigns, and occupants. (d) Landlord agrees that, in connection with and incidental to Tenant's use of the Premises which will negatively affect for the office purposes set forth in subsection (a) of this Section 3, provided Tenant, at Tenant's sole cost and expense, obtains any special amendments to the certificate of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on occupancy for the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveany other permits required by any governmental authority having jurisdiction thereof, if any, Tenant shall not allow any may use portions of the Premises for (i) the preparation and service of food and beverages from a full service kitchen with service area (which would unreasonably food and beverages may be delivered to other locations of Tenant outside of the Premises), pantry kitchens, coffee stations or lounges all for the exclusive use by Tenant, its employees and business guests of Tenant (but not for use as a public restaurant or by other tenants of the Building), (ii) the operation of vending machines for the exclusive use of Tenant, its employees and business guests of Tenant, provided that each vending machine, where necessary, shall have a waterproof pan thereunder and be connected to a drain, and (iii) the installation, maintenance and operation of electronic data processing equipment, computer processing facilities and business machines, provided that such equipment is contained within the Premises and does not cause vibrations, noise, electrical interference or other disturbance to other tenants of the Building or the elevators or other equipment in the Building. With respect to any use permitted under this Section 3, any such use shall not violate any laws or requirements of public authorities, constitute a public or private nuisance, interfere with or cause physical discomfort to any of the other tenant tenants or occupants of the Building, E interfere with the operation of the Project by Landlord. Building or the maintenance of same as a first-class office building, or violate any of Tenant's other obligations under this Lease. (e) Anything contained herein to the contrary notwithstanding, Tenant shall not permit any nuisance or waste upon use the Premises or allow any offensive noise part thereof, or odor in or around permit the Premises or any part thereof to emanate outside be used, (i) for the business of photographic, multilith, or multigraph reproductions or offset printing, unless used in connection with either directly or indirectly, its own business or activities, (ii) for a retail banking, trust company, depository, guarantee, or safe deposit business open to the Premises. Subject general public, so long as such a business exists or is operated in the Building by another tenant, (iii) as a savings bank, a savings and loan association, or as a loan company open to events beyond Landlord’s control the general public, so long as such a business exists or is operated in the Building by another tenant, (iv) for the sale to the general public of travelers checks, money orders, drafts, foreign exchange or letters of credit or for safety the receipt of money for transmission, so long as such a business exists or health reasonsis operated in the Building by another tenant, Tenant and its employees shall have access (v) as a stock broker's or dealer's office or for the underwriting or sale of securities open to the Premises 24 hours per daygeneral public, 7 days so long as such a week. Tenant shall complybusiness exists or is operated in the Building by another tenant, at Tenant’s cost(vi) except as provided in subsection (b) of this Section 3, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result restaurant or bar or for the sale of Tenant’s useconfectionery, Tenant shall either modify its use to cause such authority to rescind its designation soda, beverages, sandwiches, ice cream, or baked goods or for the preparation,. dispensing, or consumption of food or beverages in any manner whatsoever, (vii) as a news or cigar stand, (viii) as an employment agency, labor union office, physician's or dentist's office, dance, or music studio (except for exercise classes which may be responsible for any alterations;, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any conducted after business hours on a portion of the Project Premises where Tenant occupies the floor below and adjacent to the location of such classes), school except for the training of employees of Tenant, (other than the Premisesix) to be a “place of public accommodation” under the ADA or any other comparable law as a result retail travel agency, or (x) as a xxxxxx shop or beauty salon. (f) Landlord covenants and warrants that applicable zoning and health ordinances and regulations permit the use of a portion of the uses permitted under applicable laws and the Master Use Permit or other land Premises for a company sponsored food service facility provided such facility is at all times incidental to use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in of the Premises shall comply with for general office purposes and provided that such facility meets the ADAstandards of such zoning and health ordinances and regulations.

Use of Premises. (a) Tenant shall occupy and use the Premises only for biomedical laboratory researchthe uses specified in Section 1.1 to conduct Tenant’s business. Tenant shall not occupy or use the Premises (or permit the use or occupancy of the Premises) for any purpose or in any manner which: (1) is unlawful or in violation of any Law or Hazardous Materials Law; (2) may be dangerous to persons or property or which may increase the cost of, or invalidate, any policy of insurance carried on the Building or covering its operations; (3) is contrary to or prohibited by the terms and conditions of this Lease or the rules of the Building set forth in Article 18; (4) would tend to create or continue a nuisance; or (5) in any manner that will cause the Building or any part thereof not to conform with the Project’s Sustainability Practices or the certification of the Building’s core and shell issued pursuant to the applicable Green Building Standards. (b) Landlord shall provide Tenant with access card keys the cost of which shall be paid by Tenant within thirty (30) days after Landlord’s demand therefor, and general office and administrative services and Tenant shall place a deposit for no other purpose. Except as specifically provided for in this Section 6, such cards with Landlord to cover lost cards or cards which are not returned at the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion end of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Term. (c) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall cooperate be responsible for ADA Title III compliance in the Common Areas, except as provided below, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any Leasehold Improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform, or require that Tenant perform, and assist each other in developing and implementing a communications plan Tenant shall be responsible for the Project cost of, ADA Title III “path of travel” requirements triggered by Tenant Additions in the Premises, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of a “commercial facility” as a result of Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow be solely responsible for requirements under Title I of the ADA relating to Tenant’s employees. (d) Landlord and Tenant agree to cooperate and use commercially reasonable efforts to participate in traffic management programs generally applicable to businesses located in or about the area and Tenant shall encourage and support van, shuttle service, and carpooling by, and staggered and flexible working hours for, its office workers and service employees to the extent reasonably permitted by the requirements of Tenant’s business. Neither this Section or any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 other provision of this Lease. Except as permitted above, Tenant Lease is intended to or shall not allow create any use of the Premises which would unreasonably interfere with rights or benefits in any other tenant person, firm, company, governmental entity or the public. (e) Tenant agrees to cooperate with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises Landlord and to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, comply with any and all guidelines or controls concerning energy management and usage disclosure imposed upon Landlord by federal or state governmental organizations or by any energy conservation association to which Landlord is a party or which is applicable provisions to the Building, including, without limitation, the requirements of California’s Nonresidential Building Energy Use Disclosure Program, as more particularly specified in California Public Resources Code Sections 25402.10 et seq. and regulations adopted pursuant thereto. Further, Tenant hereby authorizes (and agrees that Landlord shall have the authority to authorize) any electric or gas utility company providing service to the Building to disclose from time to time so much of the April 29data collected and maintained by it regarding Tenant’s energy consumption data as may be necessary to cause the Building to participate in the ENERGY STAR® Portfolio Manager system and similar programs; and Tenant further authorizes Landlord to disclose information concerning energy use by Tenant, 2002 Transportation Management Planeither individually or in combination with the energy use of other tenants, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises as applicable as Landlord determines to be a “place of public accommodation” under the Americans necessary to comply with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made applicable Laws pertaining to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAownership thereof.

Use of Premises. (a) Tenant shall occupy and use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for the uses specified in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and 1.1 to conduct Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectbusiness. Tenant shall not allow any inflammable occupy or explosive liquids or materials to be kept on use the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any (or permit the use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside occupancy of the Premises. Subject ) for any purpose or in any manner which: (1) is unlawful or in violation of any Law or Hazardous Materials Law; (2) may be dangerous to events beyond Landlordpersons or property or which may increase the cost of, or invalidate, any policy of insurance carried on the Building or covering its operations; (3) is contrary to or prohibited by the terms and conditions of this Lease or the rules of the Building set forth in Article 18; (4) would tend to create or continue a nuisance; or (5) in any manner that will cause the Building or any part thereof not to conform with the Project’s control Sustainability Practices or for safety or health reasons, the certification of the Building’s core and shell issued pursuant to the applicable Green Building Standards. (b) Landlord shall provide Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. per week and 365/366 days per year through access card keys, the cost of which shall be paid by Tenant within thirty (30) days of Landlord’s demand therefor, and Tenant shall complyplace a deposit for such cards with Landlord to cover lost cards or cards which are not returned at the end of the Term. (c) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, at as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s costbusiness is deemed a “public accommodation” or “commercial facility”, with (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the Common Areas (including the restrooms), except as provided below, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied Leasehold Improvements or other work to Tenant. If any governmental authority shall deem be performed in the Premises under or in connection with this Lease, (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by Tenant Additions in the Premises (but Tenant shall not be responsible for the cost of “path of travel” requirements in the Common Areas), and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “place of public accommodation” under the Americans with Disabilities Act (instead of a “ADA”) or any other comparable law commercial facility” as a result of Tenant’s useuse of the Premises. Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tenant’s employees. (d) Landlord and Tenant agree to cooperate and use commercially reasonable efforts to participate in traffic management programs generally applicable to businesses located in or about the area and Tenant shall encourage and support van, shuttle service, and carpooling by, and staggered and flexible working hours for, its office workers and service employees to the extent reasonably permitted by the requirements of Tenant’s business. Neither this Section or any other provision of this Lease is intended to or shall create any rights or benefits in any other person, firm, company, governmental entity or the public. (e) Tenant agrees to cooperate with Landlord and to comply with any and all guidelines or controls concerning energy management and usage disclosure imposed upon Landlord by federal or state governmental organizations or by any energy conservation association to which Landlord is a party or which is applicable to the Building, including, without limitation, the requirements of California’s Nonresidential Building Energy Use Disclosure Program, as more particularly specified in California Public Resources Code Sections 25402.10 et seq. and regulations adopted pursuant thereto. Further, Tenant hereby authorizes (and agrees that Landlord shall either modify its use have the authority to authorize) any electric or gas utility company providing service to the Building to disclose from time to time so much of the data collected and maintained by it regarding Tenant’s energy consumption data as may be necessary to cause such authority the Building to rescind its designation participate in the ENERGY STAR® Portfolio Manager system and similar programs; and Tenant further authorizes Landlord to disclose information concerning energy use by Tenant, either individually or be responsible for any alterationsin combination with the energy use of other tenants, structural or otherwise, required as applicable as Landlord determines to be made necessary to comply with applicable Laws pertaining to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAownership thereof.

Use of Premises. (a) Landlord warrants that (i) the Premises are zoned and approved for general office purposes and purposes incident thereto and (ii) will request the appropriate authorities to issue a conditional Certificate of Occupancy or a Final Inspection Report allowing use of the Premises for the purposes permitted under this Section 3(a) of this Lease. Landlord shall deliver to Tenant a copy of the conditional Certificate of Occupancy for the Building and for the Premises and the Final Certificate of Occupancy upon issuance. (b) Landlord agrees that the use of the Premises Tenant for the following specific purposes ("Additional Purposes") is permitted under this Lease, provided Tenant obtains and maintains all applicable governmental licenses and permits for such purposes: (i) Computer processing; (ii) Training for Tenant's employees and for non-employees of Tenant; (iii) Kitchen and cafeteria for the use of Tenant, Tenant's employees and Tenant's guests in that area designated for cafeteria equipment and use; and (iv) Printing for Tenant and Tenant's clients including photographic, multilith, or multigraph reproductions or offset printing in that area designated for such equipment and use. (c) Tenant shall use and occupy the Premises only for biomedical laboratory research, Tenant's executive and general office offices and administrative services for such related purposes as are described in subsection (b) of this Section 3 and for no other purpose. Except as specifically provided for in For the purposes of this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above3, Tenant shall not allow any be deemed to include Tenant's permitted subtenants, assigns, and occupants. (d) Landlord agrees that, in connection with and incidental to Tenant's use of the Premises which will negatively affect for the office purposes set forth in subsection (a) of this Section 3, provided Tenant, at Tenant's sole cost and expense, obtains any special amendments to the certificate of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on occupancy for the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveany other permits required by any governmental authority having jurisdiction thereof, if any, Tenant shall not allow any may use portions of the Premises for (i) the preparation and service of food and beverages from a full service kitchen with service area (which would unreasonably food and beverages may be delivered to other locations of Tenant outside of the Premises), pantry kitchens, coffee stations or lounges all for the exclusive use by, Tenant, its employees and business guests of Tenant (but not for use as a public restaurant or by other tenants of the Building), (ii) the operation of vending machines for the exclusive use of Tenant, its employees and business guests of Tenant, provided that each vending machine, where necessary, shall have a waterproof pan thereunder and be connected to a drain, and (iii) the installation, maintenance and operation of electronic data processing equipment, computer processing facilities and business machines, provided that such equipment is contained within the Premises and does not cause vibrations, noise, electrical interference or other disturbance to other tenants of the Building or the elevators or other equipment in the Building. With respect to any use permitted under this Section 3, any such use shall not violate any laws or requirements of public authorities, constitute a public or private nuisance, interfere with or cause physical discomfort to any of the other tenant tenants or occupants of the Building, interfere with the operation of the Project by Landlord. Building or the maintenance of same as a first-class office building, or violate any of Tenant's other obligations under this Lease. (e) Anything contained herein any part herein to the contrary notwithstanding, Tenant shall not permit any nuisance or waste upon use the Premises or allow any offensive noise part thereof, or odor in or around permit the Premises or any part thereof to emanate outside be used, (i) for the business of photographic, multilith, or multigraph reproductions or offset printing, unless used in connection with either directly or indirectly, its own business or activities, (ii) for a retail banking, trust company, depository, guarantee, or safe deposit business open to the Premises. Subject general public, so long as such a business exists or is operated in the Building by another tenant, (iii) as a savings bank, a savings and loan association, or as a loan company open to events beyond Landlord’s control the general public, so long as such a business exists or is operated in the Building by another tenant, (iv) for the sale to the general public of travelers checks, money orders, drafts, foreign exchange or letters of credit or for safety the receipt of money for transmission, so long as such a business exists or health reasonsis operated in the Building by another tenant, Tenant and its employees shall have access (v) as a stock broker's or dealer's office or for the underwriting or sale of securities open to the Premises 24 hours per daygeneral public, 7 days so long as such a week. Tenant shall complybusiness exists or is operated in the Building another tenant, at Tenant’s cost(vi) except as provided in subsection (b) of this Section 3, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result restaurant or bar or for the sale of Tenant’s useconfectionery, Tenant shall either modify its use to cause such authority to rescind its designation soda, beverages, sandwiches, ice cream, or baked goods or for the preparation, dispensing, or consumption of food or beverages in any manner whatsoever, (vii) as a news or cigar stand, (viii) as an employment agency, labor union office, physician's or dentist's office, dance, or music studio (except for exercise classes which may be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any conducted after business hours on a portion of the Project Premises where Tenant occupies the floor below and adjacent to the location of such classes), school (other than except for the Premisestraining of employees of Tenant), (ix) to be a “place of public accommodation” under the ADA or any other comparable law as a result retail travel agency, or (x) as a xxxxxx shop or beauty salon. (f) Landlord covenants and warrants that applicable zoning and health ordinances and regulations permit the use of a portion of the uses permitted under applicable laws and the Master Use Permit or other land Premises for a company sponsored food service facility provided such facility is at all times incidental to use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in of the Premises shall comply with for general office purposes and provided that such facility meets the ADAstandards of such zoning and health ordinances and regulations.

Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchany lawful general (non-medical and non-governmental) office purposes compatible with first class office buildings in the Building’s submarket, and general office and administrative services and for no other use or purpose. Except as specifically provided for in this Section 6, Tenant shall not use or occupy the Premises shall not be used for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building, or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldtenant or user of the Building, conditioned or delayed in any manner that will increase the number of parking spaces required for the Building or its full occupancy as required by Landlord; providedlaw. Landlord shall comply with all Laws to the extent the same apply directly to the Building Structure and Systems and Common Areas as a whole. Tenant shall Table of Contents comply with all Laws concerning the use, however, that in no event shall any portion occupancy and condition of the Premises be used and all machinery, equipment, furnishings, fixtures and improvements therein, all in a timely manner at Tenant’s sole expense. If any Law requires an occupancy or use permit or license for a vivarium for animals larger than rodents. At either’s requestthe Premises or the operation of the business conducted therein, Landlord and then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. The Landlord hereby agrees to cooperate and assist each other in developing and implementing a communications plan with the Tenant, at Tenant’s expense, to obtain any such occupancy or use permits or licenses for the Project Premises necessary for the lawful operation of the Tenant’s business. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building or the Land for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises, in the Building or on the Land. 6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, including any uses that may be deemed controversialthe conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property unless the Tenant is contesting the amount of such taxes or fees in accordance with applicable Laws. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that If any such costs shall be reasonably allocated between Tenant and any other tenant whose use tax or fee is addressed by the communications plan. Except as permitted aboveenacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall not allow any use pay as additional rent the amount of such tax or fee. 6.3 To the Premises which will negatively affect the cost of coverage best of Landlord’s insurance on knowledge, as of the Projectdate of this Lease, the Premises do not contain any Hazardous Materials in violation of Environmental Laws. Tenant shall not allow allow, cause or permit any inflammable or explosive liquids or materials Hazardous Materials to be kept on generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises except as authorized may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises so long as such materials are properly, safely and permitted under Section 27 lawfully stored and used by Tenant in compliance with all Laws. At the expiration or earlier termination of this Lease. Except as permitted above, Tenant shall not allow any with respect to conditions existing on account of Tenant’s use or occupancy of the Premises which would unreasonably interfere with or any other tenant action or with inaction of Tenant or any Agent of Tenant (it being understood that the operation of the Project by Landlord. Tenant term “inaction” as used in this Section shall not permit impose upon Tenant any nuisance or waste upon obligation to remove Hazardous Materials existing in the Premises as of or allow any offensive noise or odor in or around after the Lease Commencement Date which were introduced into the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, by anyone other than Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law Agent of Tenant, unless such condition is knowingly aggravated as a result of Tenant’s useuse or occupancy of the Premises), Tenant shall either modify surrender the Premises to Landlord free of Hazardous Materials used by Tenant during its use to cause such authority to rescind its designation or be occupancy of the Premises and in compliance with all Environmental Laws. For purposes of clarity, Landlord is and shall remain solely responsible for the removal of any alterationsexisting or non-Tenant introduced Hazardous Materials. Tenant shall: (i) give Landlord immediate verbal and follow-up written notice of any actual or threatened Environmental Default with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, structural or otherwise, required to be made which Environmental Default Tenant shall cure in accordance with all Environmental Laws and upon written notice to the Building Landlord; and (ii) promptly deliver to Landlord copies of any notices or other items received from or submitted to any governmental or quasi-governmental agency, or any claim instituted or threatened by any third party, concerning the Premises, the occupancy or use thereof, or the Premises existence or potential existence of Hazardous Materials therein. Upon any Environmental Default, in addition to all other rights available to Landlord under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA this Lease, at law or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectin equity, Landlord shall be responsible forhave the right but not the obligation to immediately enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same in accordance with this Lease, to perform, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, at its costTenant’s sole cost and expense, any alterations, structural or otherwise, required lawful action necessary to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAaddress same.

Use of Premises. A. Tenant shall use the Premises only for biomedical laboratory researchthe purposes of constructing and operating thereon an EV Charger and related Improvements, as described in Exhibit C, to be used for public electric charging stations, including maintenance and general office and administrative services repair thereof; and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose use without Landlord’s 's prior written consent in each instance, which consent may not be unreasonably withheldwithheld if the proposed use will, conditioned in Landlord's sole discretion, be detrimental to the orderly development and operation of the Premises. B. Tenant shall comply with all federal, state, and municipal laws, regulations and ordinances affecting the Premises or delayed by Landlord; provided, however, that in no event shall any portion thereof and shall maintain in force during the Term all permits, authorizations and licenses that may be necessary for Tenant's use or operation of the Premises be used for a vivarium for animals larger than rodents. At either’s requestor any portion thereof pursuant to Section 5(A) above (including, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for without limitation, the Project and Tenant’s use making, placing, maintaining or altering of the Premises, including Improvements of any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectportion thereof). Tenant shall not allow use the Premises or any inflammable portion thereof for any purpose or explosive liquids use which is in violation of any applicable certificate of occupancy, building permit, or materials any of the Restrictions. C. Tenant will not suffer any act to be kept done or condition to exist on the Premises except Premises, or any part thereof, or any article to be brought thereon which may be dangerous, unless safeguarded as authorized and permitted under Section 27 of this Lease. Except as permitted aboverequired by law, or which may, in law, constitute a nuisance, public or private. D. Tenant shall not allow have the right to maintain or install any use of signs in or at the Premises which would unreasonably interfere with any visible from adjacent parcels or roads except as approved in writing by Landlord in each instance. This provision is not applicable to brands, logos, instructions, or other tenant or with signage on the operation of the Project by Landlord. Improvements. E. Tenant shall not permit any nuisance or waste upon have full responsibility for protecting the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29Improvements located thereon from damage due to theft, 2002 Transportation Management Planrobbery, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAvandalism.

Use of Premises. Tenant Upon commencement of this Agreement, District does hereby permit CCEA to use available meeting space at school building locations located in the District (Premises), to conduct meetings with represented employees of the District in CCEA’s bargaining unit (Activities). CCEA shall have use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises during hours that the Premises are open for business to perform CCEA’s Activities only, subject to mutually agreed upon modification by the Parties in writing, until the expiration date of this Agreement unless terminated sooner in accordance with the provisions in this Agreement: a. CCEA may hold the meetings at a time and place set by CCEA during normal hours of operations of the District. b. CCEA shall have the right to conduct the meetings without undue interference and may establish reasonable rules regarding appropriate conduct for meeting attendees consistent with law and school board policy. c. CCEA has the right to conduct such meetings at the employees’ regular work location before or after the employees’ regular work hours, during meal periods and during any other break periods. d. The meetings described in this section shall not interfere with the District’s operations. e. The Association agrees to utilize the District Facilities Use Application (DFU Application) any time the Association intends to use District facilities. Such form will be used for a vivarium for animals larger than rodents. At either’s requestavailable online and will be completed and returned via email to the Facilities Use Manager, Landlord Building Principal/Site Supervisor, and Tenant shall cooperate CCEA Building Representative Supervisor at the location at which CCEA intends to conduct Activities as follows: (1) if the CCEA Building Representative is hosting the meeting in their workspace and assist each other in developing and implementing a communications plan there is nothing scheduled for the Project use of that workspace at that time, notice by submission of the DFU Application must be provided at least three hours prior to the meeting; (2) if the CCEA Building Representative requests workspace other than their own workspace in the building to be utilized for the meeting, notice by submission of the DFU Application must be provided at least three school days prior to the meeting. The Facility Use Manager or Building Principal/Site Supervisor will inform CCEA if the requested meeting place has already been reserved for use by others. In the event the requested meeting space is reserved, the Facility Use Manager or Building Principal/Site Supervisor will inform CCEA of other potentially acceptable meeting locations. Signature by the Building Principal, or designee, signifies acknowledgement of receipt of the DFU Application. No further approval will be required. f. Use of district facilities by the Association is only available if not in use by the District. g. No sales of any kind (e.g. jewelry, raffles, food sale, admission, etc.). h. All building entry and Tenant’s exit protocols must be followed. i. In the event of an emergency, participants shall follow building safety protocols and adhere to the applicable building supervisor and District safety personnel direction during the emergency. j. CCEA shall not permit anything to be done in or about the Premises during its use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect increase the cost existing rate of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow cause the cancellation of any offensive noise or odor in or around the Premises to emanate outside of the insurance policy covering said Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical and non-governmental) office purposes compatible with first class office buildings in the Building’s submarket, and general office and administrative services and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building, or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or user of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as specifically required by law. Landlord at its expense (subject to reimbursement pursuant to Article V, if and to the extent permitted thereby) shall comply with all Laws to the extent the same apply directly to the Building Structure and Systems and Common Areas as a whole. Tenant shall comply with all Laws concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all in a timely manner at Tenant’s sole expense. If any Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of any of the foregoing: Tenant, at its expense, shall install and maintain fire extinguishers and other fire protection devices as may be required with respect to Tenant’s use of the Premises from time to time by any agency having jurisdiction thereof and/or the underwriters insuring the Building; and Tenant at its sole cost and expense shall be solely responsible for taking any and all measures which are required to comply with the ADA concerning the Premises (including suite entry doors and related items) and the business conducted therein. Any Alterations made or constructed by or for Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with this Lease; provided, that Landlord’s consent to such Alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such Alterations comply with the provisions of the ADA. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building or the Land for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises, in the Building or on the Land. 6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee. 6.3 Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant (it being understood that the term “inaction” as used in this Section 6, shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent of Tenant, unless such condition is knowingly aggravated as a result of Tenant’s use or occupancy of the Premises), Tenant shall not be used for surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. Tenant shall: (i) give Landlord immediate verbal and follow-up written notice of any other purpose without actual or threatened Environmental Default with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, which Environmental Default Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlord’s prior written consent consent, which consent may shall not be unreasonably withheld, conditioned or delayed delayed; and (ii) promptly deliver to Landlord copies of any notices or other items received from or submitted to any governmental or quasi-governmental agency, or any claim instituted or threatened by Landlord; providedany third party, howeverconcerning the Premises, that the occupancy or use thereof, or the existence or potential existence of Hazardous Materials therein. Upon any Environmental Default, in no event addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any portion actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same in accordance with this Lease, to perform, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and or any action or inaction of Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and or any Agent of Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any sole cost and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its costexpense, any alterations, structural or otherwise, required lawful action necessary to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAaddress same.

Use of Premises. Tenant (a) It is the express intent of the parties hereto that, for as long as no Event of Default or Event of Non-Appropriation under the Lease Agreement has occurred: (i) the Premises shall be used by the Corporation as the site for acquisition, construction and installation of the Buildings comprising a portion of the Series 2010C Project; (ii) the Buildings and Equipment comprising a portion of the Series 2010C Project shall be acquired, constructed and installed by the Board as agent for the Corporation as provided in Section 3.08 of the Lease Agreement; and (iii) title to the Premises shall be in the Board upon commencement of the Ground Lease Term and title to all components of the Series 2010C Project, other than Designated Equipment, shall be in name of Corporation pursuant to the Lease Agreement, and title to the Buildings comprising a portion of the Series 2010C Project constructed on the Premises shall remain severed from title to the Premises until the earlier of (A) the date on which the Series 2010C Certificates and any Completion Certificates related to the Series 2010C Project and any Certificates issued to refund the foregoing issued under the Trust Agreement shall no longer be Outstanding and any Supplemental Rent arising under the Lease Agreement shall have been paid or provided for, and (B) the end of the Ground Lease Term. (b) If the Lease Agreement has been terminated, the Corporation and each Permitted Transferee (as defined in Section 9(b) hereof) may use the Premises only for biomedical laboratory researchany lawful purpose, in its sole discretion, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6may alter, modify, add to or delete from the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion portions of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Series 2010C Project and Tenant’s use of existing from time to time on the Premises, including . (c) Neither the Corporation nor any uses that may be deemed controversial. The reasonable costs to develop Permitted Transferee shall use or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place used in violation of any valid present or future laws, ordinances, rules or regulations of any public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem at any portion of the Project time applicable thereto. (other than d) The Board may at any time place portable educational facilities on the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord . Such portables shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to owned by the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADABoard.

Use of Premises. (a) The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Section 1(m) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, Xxxxxx agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. Xxxxxx agrees to comply with Laws and comply with all requirements of Landlord’s prior written consent insurance policies applicable to Tenant’s particular use of the Premises (to the extent Tenant is notified in writing of such requirements and such policy allows for use of the Premises for Tenant’s Use) now or hereafter in force. Without limiting the foregoing, if any Law shall require alterations or modifications of the Premises (a “Code Modification”), such Code Modification shall be the sole and exclusive responsibility of Tenant, except the following, which consent shall be Landlord’s responsibility (the cost of which may be included in Expenses unless otherwise prohibited by the terms of this Lease): (i) requirements of structural or building system changes not related to or affected by improvements made by or for Tenant or not necessitated by Tenant’s act, and (ii) upgrades, retrofits, or improvements to the Premises, such as fire, life safety, accessibility (ADA) or seismic upgrades mandated by any Laws, unless necessitated by (1) Tenant’s particular and unique use of the Premises (rather than general office use) or (2) any Alteration made to the Premises by or on behalf of Tenant. (b) Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit reasonably established by Landlord or permit any explosives to enter the Development. Tenant shall not do or permit anything to be unreasonably withheld, conditioned done on or delayed by Landlord; provided, however, that about the Premises or bring or keep anything therein which will in no event any way increase the fire insurance premium upon the Development. Tenant shall not use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale (not including vending machines) or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable or explosive liquids or materials Law required to be kept on the Premises except as authorized complied with by Xxxxxx and permitted under Section 27 of this Lease. Except as permitted abovemay postpone compliance therewith, provided such contest does not subject Landlord to criminal prosecution for noncompliance therewith and, further, provided, that Tenant shall not allow any use of the Premises which would unreasonably interfere with any promptly pays all fines, penalties and other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste costs and interest thereon imposed upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law Landlord as a result of Tenant’s usesuch noncompliance. (c) During the term of this Lease, Tenant Landlord shall either modify not execute a lease (or affirmatively grant its consent to a sublease or assignment of a lease) which grants a tenant or occupant the right to use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem portion any portion of the Project (other than the Premises) Development to be used or occupied for a “place of use which would be inconsistent with maintaining a highly respected public accommodation” under image for the ADA or Building, including, without limitation, any other comparable law as a result of the uses permitted “Prohibited Uses,” described on Exhibit “I” hereto. Notwithstanding the foregoing, except for Caidan (for which the foregoing provision shall apply), the above provision shall not apply to a current occupant or tenant of the Development who is operating under applicable laws and its current use clause or trade name as of the Master Use Permit or other land use permits for the Projectdate of this Lease, provided, however, Landlord shall be responsible for, at its cost, not grant consent or amend any alterations, structural existing lease or otherwise, required occupancy agreement in a manner which causes such lease or occupancy agreement to be made inconsistent with the terms of this Section. Tenant agrees not to use, or permit to be used any portion of, the Premises for any of the “Prohibited Uses” or “Exclusive Uses” described on Exhibit “I” hereto. (d) During the term of this Lease, without the prior written consent of Tenant, which may be withheld in Tenant’s sole and absolute discretion, Landlord (i) shall not execute a lease (or affirmatively grant its consent to a sublease or assignment of a lease) which grants a tenant or occupant the right to use any portion of the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work to any of the following entities, and (ii) shall not itself display in the Premises shall comply with Common Areas materials from, or execute an agreement which grants the ADAright to displays in the Common Areas by the following entities (each an “Excluded User”) or displaying the following messages: residential mortgage lender or residential mortgage broker, real estate broker, bank (other than a full service retail branch bank that does not specialize in the making of residential mortgage loans as a primary business) or title insurance company other than Title Source Inc., National Basketball Association team other than the Cleveland Cavaliers; Casino other than Horseshoe Cleveland, Horseshoe Cincinnati, Horseshoe Baltimore, Greektown Detroit, ThistleDown Racino or Turfway Park; Graphic company other than Fathead; Ticketing company other than Veritix; Alarm Company other than Protect America; On-line educational institutions (other than Northcentral University) such as University of Phoenix and Xxxxxx; Luxury lifestyle magazines other than the Xxxx Report; Tourism advertisements for cities other than Detroit, states other than Michigan or countries other than the United States or advertisements portraying any of the foregoing in a negative manner; Political messages of any kind; anything of an indecent or pornographic nature; Minnesota-based law firms representing plaintiffs.

Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees A. Hakone shall have full and unimpaired access to the Premises 24 hours per dayat all times. The City shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same. The Premises shall be used by Hakone only for the purposes and according to the policies described in Exhibits A-1 and A-2. B. Subject at all times to Hakone’s exclusive right to use the Premises, 7 days a weekthe City shall have the right to use the Premises and any part thereof for municipal activities conducted from time to time by the City or any of its officers, officials, boards or commissions or committees. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions In the event the City wishes to use part of the April 29Premises for its occasional use it shall request such use by providing to the Hakone not less than 10 days’ written notice of the time, 2002 Transportation Management Plan, a copy date and intended use of which has been supplied the premises. Hakone agrees to Tenantmake all reasonable effort to accommodate the City’s intended use. If the requested time and date is not available Hakone and the City shall confer and reschedule the intended use at a time and date convenient for both. There shall be no fee or other charge imposed by Hakone on the City for such event. However, the City shall provide any governmental authority shall deem additional staffing and provide cleanup for the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause event such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law that no additional burden is placed upon Hakone as a result of the uses permitted under applicable laws and event. C. Hakone shall not lease or sublease the Master Use Permit whole or any part of the Premises, nor sell or assign this lease, either voluntarily or by operation of law, nor allow the Premises to be occupied by anyone contrary to the terms hereof, nor permit their use for any purpose other land use permits than as hereinabove specified, nor abandon or vacate the Premises, nor fail or refuse to actively cause the Premises to be used as hereinabove specified for the Projectpurposes of this lease, Landlord without the prior written consent of City. Hakone shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in not use the Premises shall comply with the ADAin any way that will constitute waste, nuisance, or unreasonable annoyance to owners or occupants of adjacent properties.

Use of Premises. Tenant shall will use the Premises only for biomedical laboratory researchthe purposes described in Section 1.1(i), and general office and administrative services and but for no other purpose. Except as specifically provided for Tenant will: (a) Operate its business in this Section 6, the Premises shall an attractive and first class manner. Tenant will not be used for permit any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used unreasonable (for a vivarium for animals larger than rodents. At either’s requestdata center) noises, Landlord and Tenant shall cooperate and assist each other vibrations, odors or fumes in developing and implementing a communications plan for or to emanate from the Project and Tenant’s Premises, nor commit or permit any waste, improper, immoral or offensive use of the Premises, including any uses public or private nuisance or anything that may be deemed controversialunreasonably disturbs the quiet enjoyment of neighboring occupants. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted aboveIn particular, Tenant shall agrees that except in emergencies, it will make commercially reasonable efforts not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance to test or "test fire" its backup generators except on the ProjectSundays or before or after normal business hours for neighboring office tenants. Tenant shall All deliveries and pickups must be conducted at times and in a commercially reasonable manner and so as not allow any inflammable or explosive liquids or materials to unreasonably disturb neighboring occupants. All trash and waste products must be stored, discharged, processed and removed in a commercially reasonable manner and so as not to unreasonably disturb neighboring occupants, and so as not to be kept on the Premises except as authorized visible to other occupants of Minuteman Park or create any health or fire hazard. (b) Install only window coverings and permitted under Section 27 of this Lease. Except as permitted abovetreatments approved by Landlord and, Tenant shall not allow once installed, keep them sufficiently closed to shield from outside view any use of the Premises which would unreasonably interfere with any machinery or other tenant equipment that Landlord determines is unsightly or inconsistent with the operation rest of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such lawsrest of Minuteman Park. If The parties acknowledge that the ground floor data center area as now existing will not have windows. (c) Not: (i) permit any governmental authority shall deem any portion of coin or token operated vending, video, pinball, gaming or other mechanical devices on the Project Premises, except solely for use by Tenant's employees; (ii) conduct retail sales to walk-in customers (other than occasional sales); (iii) permit governmental or quasi-governmental agencies to occupy the Premises; (iv) use the Premises as doctors' offices, a school or educational institution (except for training for customers and/or Tenant's personnel), living or sleeping quarters; (v) store, sell or distribute obscene, lewd or pornographic materials or engage in related businesses in or from the Premises; or (vi) conduct any auction, distress, fire, bankruptcy or going-out-of-business sale. Tenant's business of hosting web pages and conducting Collocation Activities (defined below) will not be deemed to be a “place in violation of public accommodation” under the ADA Subsections (iv) or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premisesv) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAabove.

Use of Premises. Tenant 4.1 The Premises shall use the Premises be used and occupied only for biomedical laboratory researchthe purposes described in Paragraph1(h) above, and general office and administrative services and for no other purposepurposes without Landlord's prior written consent. 4.2 Tenant shall not do or permit to be done in or about the Premises anything which is illegal or unlawful; or which is of a hazardous or dangerous nature; or which will increase the rate of or cause cancellation of, any insurance on the building of which the Premises are a part. Except as specifically provided Tenant shall not obstruct or interfere with the rights of any other tenants and occupants of the Center or their invitees, nor injure or annoy them, nor operate the Premises in a manner which unreasonably disturbs other tenants in the use of their premises in the Center 4.3 Tenant acknowledges that although Landlord has permitted Tenant the use of Premises for the purpose described in this Section 6Article, neither Landlord nor any agent of Landlord has made any representation or warranty to Tenant with respect to the suitability of the present zoning of the Building for such use. Tenant assumes all responsibility for investigating the suitability of the zoning for its use and for compliance with all other laws and regulations governing such use, except that Landlord represents that the Premises are currently zoned for commercial use. 4.4 Tenant shall not be used for cause, maintain or permit any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldnuisance in, conditioned on or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of about the Premises, including nor commit any uses that may be deemed controversialwaste therein or thereon. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use nor permit the use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. or any part thereof as living or sleeping quarters. 4.5 Tenant shall not allow any inflammable or explosive liquids or materials to be kept on furnish, install and maintain in the Premises except as authorized such trade fixtures, furniture and permitted under Section 27 other property reasonably appropriate to the conduct of Tenant's business. 4.6 Tenant agrees that, at its own cost and expense, it will comply with and conform to all laws and ordinances and any and all lawful requirements and orders of any properly constituted governmental board of authority, in any way relating to the use or occupancy of the Premises throughout the entire term of this Lease; specially including the Livermore Fire Code requiring all tenants to obtain fire extinguishers for the Premises and maintain it so that is fully charged and operational at all times and inspected annually. Except as permitted aboveFurther, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises agrees that, at its own cost and expense, it will make all alterations to emanate outside of the Premises. Subject , Building, and the Center, including structural alterations, required to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, comply with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“"ADA”") or any other comparable law as a result of it relates to Tenant’s 's improvements, use, or occupancy of the Premises. 4.7 Tenant shall either modify its use to cause such authority to rescind its designation place no loads upon the floors, walls or be responsible for any alterations, structural or otherwise, required to be made to the Building or ceilings of the Premises under such laws. If any governmental authority shall deem any portion in excess of the Project (other than the Premises) maximum designed load determined by Landlord and communicated in writing to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADATenant.

Use of Premises. (a) Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical and non-governmental) classroom purposes and ancillary administrative office space compatible with first class office buildings in the jurisdiction in which the Building is located, and general office and administrative services and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or user of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as specifically provided required by law. Tenant shall comply with all present and future laws (including, without limitation, the Americans with Disabilities Act (the "ADA") and the regulations promulgated thereunder, as the same may be amended from time to time), ordinances (including without limitation, zoning ordinances and land use requirements), regulations, orders and recommendations (including, without limitation, those made by any public or private agency having authority over insurance rates) (collectively, "Laws") concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all of which shall be complied with in a timely manner at Tenant's sole expense. If any such Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant's expense and shall promptly deliver a copy thereof to Landlord. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises. (b) Tenant shall keep that portion of the Premises designated on Exhibit A as the lobby area (i) lighted twenty-four (24) hours a day, and attended by a lobby attendant during any hours that Tenant may be using the Premises, and (ii) fully furnished so as to give the appearance that the Premises are in operation, as reasonably determined by Landlord. (c) The common areas of the Building are accessible from the Premises only through the emergency exit door located at the rear of the Premises. Tenant shall install, at its sole cost and subject to Landlord's approval as required in this Section 6Lease, an alarm on such door which shall be connected to the Premises Building alarm system and shall not be activated on the opening of such door. Tenant shall post a warning sign at the door stating that the door is only to be used for emergency exit and that the alarm will sound if opened. Tenant shall use best efforts to prohibit students and other Invitees access through such emergency exit to any part of the Building. Tenant and its Invitees shall have the same rights of access to the Building lobby area through the front door of the Building as the general public. 6.2 Tenant shall pay before delinquency any business, rent or other purpose without Landlord’s prior written consent taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant's use or occupancy of the Premises, the conduct of Tenant's business at the Premises, or Tenant's equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee. (a) Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored or disposed of in or about the Building, provided that Tenant may use and store reasonable quantities of standard cleaning materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises. Tenant hereby acknowledges receipt of that certain letter dated May 13, 1996 from Applied Environmental, Inc., which consent may not be unreasonably withhelddiscloses the presence of asbestos and/or certain asbestos-containing materials in the Premises. At the expiration or earlier termination of this Lease, conditioned or delayed by LandlordTenant shall surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws; provided, however, that Tenant shall have no obligation to remove any Hazardous Materials which were present in no event shall any portion of the Premises prior to Tenant's execution of this Lease (and not brought onto the Premises by Tenant or any of its employees, agents or contractors) unless removal thereof would not otherwise be used required by law, but is required in order for a vivarium Tenant to complete Alterations in accordance with this Lease or to complete the initial improvements in accordance with Exhibit B. Notwithstanding anything contained in this Lease to the contrary, if Tenant removes or attempts to remove any asbestos, or asbestos-containing materials for animals larger than rodents. At either’s requestany reason whatsoever, Landlord Tenant shall do so strictly in accordance with this Lease and all Environmental Laws and any other applicable Laws and Tenant shall cooperate employ qualified asbestos contractors approved by Landlord to perform the removal, and assist each other only after notifying Landlord in developing and implementing a communications plan for the Project and Tenant’s use writing of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use location of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Hazardous Materials Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.proposes to

Use of Premises. Tenant shall (a) Lessee covenants to use the Premises only for biomedical laboratory research, and general office purposes and administrative services to use them in a careful, safe and proper manner; to pay on demand for no other purpose. Except as specifically provided for in this Section 6, any damage to the Premises shall caused by negligent act or omission of such Premises by Lessee, its agents or employees or of any other person entering upon the Premises under express or implied invitation of Lessee; not to use or permit the Premises to be used for any purposes prohibited by the laws of the United States, the State of Colorado, the County of Arapahoe, or the ordinances of the City of Greenwood Village; and not to commit waste, nor suffer, nor permit waste to be committed, nor permit any nuisance on or in the Premises. (b) Lessee agrees to keep the Premises in a neat, clean and attractive condition; to comply properly with all laws, ordinances, and other governmental rules and regulations concerning the Premises or the streets, sidewalks, alleys, parks, parkways, and other public property abutting the Premises; to use the Premises for no purpose which would render void the fire, extended coverage and added perils insurance on the building. Lessee agrees to pay all extra insurance premiums on the building on which the Premises are a part if such extra insurance premiums are reasonably required as the result of the use which Lessee shall make of the Premises. (c) Lessee will not at any time without Landlord’s obtaining Lessor's prior written consent conduct or permit any fire, bankruptcy or auction sale on the Premises; or change the exterior color of the building or any part thereof; or park, operate, load or unload any truck or other delivery vehicle at any place other than the loading area designated for such use; or use the plumbing facilities for any purpose other than that for which consent they were constructed or dispose of any foreign substance therein; or install any shades, awnings, machinery, motors, or ducts, or install any amplifiers, loudspeakers, phonographs, microphones, or similar devices for any purpose, or use any advertising medium, which may be heard or seen inside or outside the building; permit any rubbish or garbage to accumulate on the Premises in other than rubbish removal areas; or install, maintain, alter, or operate any sign or display visible to public view inside or outside of the building, except as approved by Lessor; or store materials, supplies, equipment or other materials outside the building or outside of the space occupied by Lessee. (d) Lessee will not be unreasonably withheld, conditioned at any time deface or delayed by Landlord; provided, however, that in no event shall injure any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s requestor burn anything in or about the Premises; or keep or display any merchandise or other object on or otherwise obstruct any sidewalks, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for stairways, walkways, streets, parks or parkways; or use or permit the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law Premises as a result living quarters, sleeping rooms or for similar uses. (e) The Rules and Regulations attached hereto and marked Exhibit "C", as well as rules and regulations as may be hereafter adopted from time to time by Lessor for the safety, care and cleanliness of the uses permitted under applicable laws Premises and the Master Use Permit or other land use permits for the Projectpreservation of good order thereon, Landlord shall be responsible forare hereby expressly made a part hereof, at its cost, any alterations, structural or otherwise, required and Lessee agrees to be made to the Building (other than the Premises) under obey all such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADARules and Regulations.

Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical and non-governmental) office purposes for a business and in a manner that is consistent with the first-class image of the Building and which is in compliance with the requirements of this Article VI and is compatible with the other uses within, and general office and administrative services the terms of other leases with respect to, the Building, and for no other use or purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable use or explosive liquids or materials to be kept on occupy the Premises except as authorized and permitted under Section 27 for any unlawful purpose, or in any manner that will violate the certificate of this Lease. Except as permitted above, Tenant shall not allow any use of occupancy for the Premises which would unreasonably interfere with or the Building or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or with the operation user of the Project Building (in each case, in Landlord’s reasonable judgement), or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as required by Landlordlaw. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonscomply with all present and future laws (including, Tenant and its employees shall have access to the Premises 24 hours per daywithout limitation, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (the “ADA”) and the regulations promulgated thereunder, as the same may be amended from time to time), ordinances (including without limitation, zoning ordinances and land use requirements), regulations, orders and recommendations (including, without limitation, those made by any public or private agency having authority over insurance rates) (collectively, “Laws”) concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all of which shall be complied with in a timely manner at Tenant’s sole expense. Notwithstanding the foregoing, Landlord shall be responsible for compliance of the Common Areas, Land and base building components within the Premises (except to the extent of any Alterations made by Tenant) with all applicable Laws, including, but not limited to, the ADA, throughout the Lease Term. If any such Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein (including a certificate of occupancy or nonresidential use permit), then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events in, on or about the Complex outside of the Premises. Tenant shall have the right to contest any attempted enforcement by any governmental agency of any of the Laws against Tenant, and provided that Tenant is diligently pursing such contest, then Tenant shall not be deemed to be in default under this Lease with respect to any compliance with such Laws unless and until such contest has been finally adjudicated and is not subject to any further contest or appeal. 6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee. 6.3 Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored or disposed of in or about the Building, the Land, or the Complex, provided that Tenant may use and store reasonable quantities of standard cleaning materials and office supplies as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises provided the same are handled, stored and disposed of in accordance with all Laws. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials which are brought into the Premises by Tenant or any Invitees (as hereinafter defined) by Tenant and free of any Environmental Default on the part of Tenant. “Hazardous Materials” means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other comparable law applicable Law as a result “hazardous substance,” “hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” “toxic pollutant” or any other formulation intended to define, list, or classify substances by reason of Tenant’s usedeleterious properties such as ignitability, Tenant shall either modify its use corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or by-product material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be detrimental to cause such authority the Building, the Land, or the Complex or hazardous to rescind its designation health or be responsible for the environment. “Environmental Law” means any alterationspresent and future Law and any amendments (whether common law, structural statute, rule, order, regulation or otherwise), required to be made permits and other requirements or guidelines of governmental authorities applicable to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws Land and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made relating to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAenvironment and environmental conditions or to any Hazardous Material.

Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory research, and general office purposes, research and administrative services development and related and ancillary uses and any other uses that are permitted under the Approved Site Plan, applicable zoning laws and other Legal Requirements (as hereinafter defined) and are compatible with a Class A suburban office complex in the Market Area, as defined in Section 25.4 below, and for no other use or purpose. Except as specifically provided for The parties hereby agree that the following uses are compatible with a Class A suburban office complex in this Section 6the Market Area: laboratories, light assembly areas, health club/fitness center, outdoor fitness trail, day care center, sundries/lobby shop, laundry/dry cleaning drop-off service, and food service operations. Notwithstanding anything herein to the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldcontrary, conditioned or delayed by Landlord; provided, however, that in no event shall any portion such "compatible uses" in the aggregate exceed more than forty percent (40%) of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use rentable area of the Premises, including any uses that may be deemed controversialBuilding. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow use or occupy the Premises for any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance. Tenant's use of the Premises which will negatively affect shall also comply with all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, and orders of Loudoun County, the cost Commonwealth of coverage of Landlord’s insurance on Virginia and any other public or quasi-public authority having jurisdiction over the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on Premises, concerning the Premises except as authorized use, occupancy and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use condition of the Premises which would unreasonably interfere with and all machinery, equipment and furnishings therein (together referred to herein as "LEGAL REQUIREMENTS"). 6.2 Pursuant to the provisions of the Development Agreement, Landlord shall obtain the initial non-residential use permit and any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside similar governmental approvals which may be required for Tenant's occupancy of the Premises. Subject It is expressly understood that if any present or future Legal Requirements require any other permit(s) for the Premises due to events beyond Landlord’s control Tenant's particular use thereof, or for safety Tenant's improvements or health reasonsfuture alterations thereto, that Tenant will obtain such permit(s) at Tenant's own expense. Further, Tenant and its employees shall have access will comply with all Legal Requirements which impose on Landlord or Tenant a duty relating to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law arising as a result of Tenant’s use's use or occupancy of the Premises. In particular, Tenant shall either modify its use without limiting the generality of the foregoing, any and all alterations or additions to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, the Premises that are required to be made after the Lease Commencement Date, as a result of Legal Requirements (now existing or hereafter enacted) shall be made by Tenant at Tenant's sole cost and expense and in accordance with the requirements of Article IX hereof. Notwithstanding anything contained herein to the contrary, Landlord shall be required to comply with any present or future Legal Requirements with respect to (i) elements and components of the "base building" structure and systems and (ii) the common areas of the Building which are within Landlord's control, unless, in either case, such Legal Requirements are imposed because of Tenant's particular use or configuration of the Premises (as opposed to office use generally) or any improvements constructed in the Premises by Tenant or caused by Tenant or any of its employees, agents, contractors or subtenants in which case Tenant shall bear the entire cost of performing such addition, replacement or alteration. Tenant shall promptly pay all fines, penalties and damages that may arise out of or be imposed on Landlord or Tenant because of Tenant's failure to comply with the provisions of this Section. 6.3 Tenant shall pay any business, rent or other taxes that are now or hereafter levied upon Tenant's use or occupancy of the Premises, the conduct of Tenant's business at the Premises, or Tenant's equipment, fixtures or personal property. In the event that any such taxes are enacted, changed, or altered so that any of such taxes are levied against Landlord, or the mode of collection of such taxes is changed so that Landlord is responsible for collection or payment of such taxes, Tenant shall pay any and all such taxes to Landlord within thirty (30) days following written demand from Landlord. 6.4 Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored or disposed of in or about the Building or the Complex, provided that Tenant may use and store reasonable quantities of standard office supplies and cleaning materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises and in compliance with all Environmental Laws and other applicable Legal Requirements. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials (except any that may be Landlord's responsibility pursuant to Section 6.5 hereof and any that are otherwise not Tenant's responsibility pursuant to the terms of this Article VI) and, subject to the foregoing parenthetical, in compliance with all Environmental Laws. "HAZARDOUS MATERIALS" means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other applicable Law as a "hazardous substance," "hazardous material," "hazardous waste," "toxic substance," "toxic pollutant" or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or byproduct material), chlorofluorocarbon, lead or lead-based product, and any other substance whose presence would be hazardous to health or the environment. "ENVIRONMENTAL LAW" means any present and future Law and any amendments (whether common law, statute, rule, order, regulation or otherwise), permits and other requirements or guidelines of governmental authorities applicable to the Building or the Premises under such lawsLand and relating to the environment and environmental conditions or to any Hazardous Material (including, without limitation, CERCLA, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq., the Clean Air Act, 33 U.S.C. Section 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. Section 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., and any so-called "Super Fund" or "Super Lien" law, any Law requiring the filing of reports and notices relating to hazardous substances, environmental laws administered by the Environmental Protection Agency, and any similar state and local Laws, all amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety). If At all times, and notwithstanding any governmental authority termination of this Lease, Tenant shall deem indemnify and hold Landlord, its employees and agents harmless from and against any portion damage, injury, loss, liability, charge, demand or claim based on or arising out of the Project presence or removal of, or failure to remove, Hazardous Materials generated, used, released, stored or disposed of by Tenant or its employees, agents, contractors, licensees or invitees (other than the Premisescollectively, "INVITEES") to be a “place of public accommodation” under the ADA in or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to about the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.or the

Use of Premises. Tenant shall use the QUIET CONDUCT 7.01. The Premises may be used and occupied only for biomedical laboratory research, and general office and administrative services Tenant's Permitted Use as shown in 1.05 and for no other purpose. Except as specifically provided for in this Section 6, the Premises without obtaining Landlord's prior written consent, which consent shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldwithheld or delayed. Tenant will comply with all laws, conditioned or delayed by Landlord; providedordinances, however, orders and regulations affecting the Premises. Landlord represents that in no event shall any portion of (i) the Premises be used for a vivarium for animals larger than rodents. At either’s requestare currently zoned "IC" (industrial/commercial) ("Current Zoning Classification") and (ii) to the best of Landlord's actual knowledge without any duty of inquiry, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for there are currently no covenants, restrictions, or agreements affecting the Project and there are no requirements imposed by the Current Zoning Classifications which would prevent Tenant from utilizing the Premises for Tenant’s use 's Permitted Use specified in Section 1.05 above. Tenant will not perform any act or carry on any practices that may injure the Project or the Premises or be a nuisance or menace, if there is another lessee of the PremisesProject, including any uses that may be deemed controversial. The reasonable costs subject to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above's Expansion Option under Section 43, Tenant shall not disturb the quiet enjoyment of other lessees in the Project including but not limited to equipment which causes vibration, use or storage of chemicals, or heat or noise which is not properly insulated. Tenant will not cause, maintain or permit any outside storage on or about the Premises. In addition, Tenant will not allow any use condition or thing to remain on or about the Premises which diminishes the appearance or aesthetic qualities of the Premises which will negatively affect and/or the cost Project or the surrounding property. The keeping of coverage of Landlord’s insurance a dog or other animal on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on about the Premises except is expressly prohibited. So long as authorized Tenant is not in default (after applicable grace, notice and permitted cure periods) under Section 27 the terms of this Lease. Except as permitted above, Tenant shall not allow any use have quiet enjoyment of the Premises which would unreasonably interfere with any other tenant or with during the operation of entire Lease Term. 7.02. As used in this section, the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.term "Hazardous Waste" means:

Use of Premises. Tenant shall use the 6.01 The Premises will be used and occupied only for biomedical laboratory researchthe Permitted Use. Tenant will, at its sole expense, comply with all conditions and covenants of this Lease, and general office and administrative services and for no other purposeall applicable Laws, subject to Section 1.04 hereof. Except as specifically provided for in this Section 6, Tenant will not use or permit the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including the Property or any uses that may be deemed controversial. The reasonable costs to develop or implement part thereof, in a communications plan with respect to a Tenant use manner that is deemed controversial shall be paid by Tenant; provided that unlawful, diminishes the appearance or aesthetic quality of any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use part of the Premises which will negatively affect Property, creates waste or a nuisance, or causes damage to the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by LandlordProperty. Tenant shall not permit any nuisance objectionable or waste upon unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises nor take or permit any other action in the Premises that would endanger, annoy, or interfere with the operations of, Landlord or any other tenant of the Property. Tenant shall obtain, at its sole expense, any permit or other governmental authorization required for Tenant to legally operate its business from the Premises. Any animals, excepting dogs, on or about the Property or any part thereof are expressly prohibited. Tenant is solely responsible for cleaning up after the dogs and dogs shall not be permitted in the interior Common Areas (i.e., corridors, lobbies, stairwells) of the Project. Any damage to the Premises or allow any offensive noise or odor in or around the Premises Project caused by dogs shall be repaired to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, satisfaction at Tenant’s cost, with sole cost and expense. Landlord shall have the right at any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied time to Tenant. If any governmental authority shall deem prohibit Tenant from having dogs in the Premises if dogs have been reasonably determined to be a “place of public accommodation” under nuisance to the Americans with Disabilities Act property or other tenants. Notwithstanding the foregoing, such prohibition on dogs may only occur if, upon three (“ADA”3) or any other comparable law as a result of separate occasions, Landlord notifies Tenant in writing that Tenant’s usedogs are causing a nuisance to other tenants, and Tenant shall either modify its use fails to cause cure any such authority to rescind its designation or be responsible for nuisance within a reasonable period of time thereafter. 6.02 In the event of any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work excessive trash in the Premises shall comply with or outside the ADAPremises and caused by Tenant, as determined by Landlord in its reasonable discretion, Landlord will have the right to remove such excess trash, charge all reasonable costs and expenses attributable to its removal to Tenant and impose fines in the event Tenant fails to remedy the situation. Tenant will not cause, maintain or permit any outside storage on or about the Property. In the event of any unauthorized outside storage by Tenant or any Tenant Entity, Landlord will have the right, without notice, in addition to such other rights and remedies it may have, to remove any such storage at Tenant’s expense.

Use of Premises. Tenant shall use the Premises only for biomedical laboratory researchany other product tenant sees fit I’m fine with this, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the but will be contingent on approval by OSI. a. The Premises shall not be used for Tenant's glass making, glass blowing and related instructional classes and retail sales of Tenant’s own made glass products and related to his art, process, location, or creative expression. (“Permitted Use”). Tenant agrees to be ‘open for business’ during normal business hours of at least 11am through 5pm for at least eighty (80) days of each Term of this Lease. Tenant shall keep and maintain the Premises secure and provide for security acceptable to Landlord. b. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Premises, for any business or purpose other than the Permitted Use or for any use or purpose without Landlord’s prior written consent which consent may is unlawful, in part or in whole, disreputable in any manner, or extra hazardous. Tenant will conduct its business and control its agents, employees, and invitees in such a manner as not be unreasonably withheld, conditioned to create any nuisance or delayed by Landlord; provided, however, that interference with the possession of other tenants or Landlord in no event shall any portion the management of the Premises be used for a vivarium for animals larger than rodents. At either’s requestBuilding, Landlord nor impair proper and economic maintenance of the Building and/or any equipment, facilities, or systems therein. c. Tenant shall cooperate shall, at its sole cost and assist each other in developing expense, promptly comply with all statutes, ordinances, rules, orders, regulations, and implementing a communications plan for requirements (“Laws”) of the Project federal, state, and Tenant’s use local government and of any and all of their departments and bureaus applicable to the Premises, including any uses that may those related to the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said Premises during the Term; and shall also, at all times during the Term promptly comply with all rules, orders, and regulations of the New York Board of Fire Underwriters and/or other similar organization for the prevention of fires; and shall also, at all times during the Term comply with all rules, requirements or limitations set forth in Exhibit “B” attached hereto. Tenant assumes all aforementioned statutes to be deemed controversialcovered as per tenants previous occupation of Premises in 2020. The reasonable Therefore all costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall and liabilities will be paid by Landlord and confirmed prior to any future occupation. Tenant hereby represents that it is not a public accommodation, as defined in the Americans with Disabilities Act. Tenant shall, at Tenant; provided 's expense, timely remove any systems or equipment Tenant installs in the event that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectfuture Laws so require. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall complyassistance, at Tenant’s costexpense, with any procure and all applicable provisions maintain a current certificate of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible occupancy for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits . Not sure about this sentence - have not had building evaluated for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAcompliance.

Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposethe Permitted Use. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant Tenant or with the operation of the Project by Landlord. Tenant shall not cause or permit any nuisance or waste upon the Premises or allow Premises. Tenant acknowledges that the Americans With Disabilities Act of 1990 (as amended and as supplemented by further laws from time to time, the “ADA”) imposes certain requirements upon the owners, lessees and operators of commercial facilities and places of public accommodation, including, without limitation, prohibitions on discrimination against any offensive noise or odor in or around individual on the basis of disability. Landlord shall be responsible as of the Commencement Date for the compliance of the Premises to emanate outside and the common areas of the PremisesProject with the ADA in effect as of the Commencement Date, assuming the use of the Premises is as set forth in this Lease, and that the Premises are not a place of public accommodation. Subject to events beyond Landlord’s control or for safety or health reasonsthe obligations of Landlord set forth herein, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall complyagrees, at Tenant’s costexpense, to take all proper and necessary action to cause the Premises, any repairs, replacements, alterations and improvements thereto to be maintained, used and occupied in compliance with any and the ADA requirements, whether or not those requirements are based upon the Tenant’s use of the Premises and, further, to otherwise assume all applicable responsibility to ensure the Premises’ continued compliance with all provisions of the April 29ADA throughout the Term. Subject to the obligations of Landlord set forth herein, 2002 Transportation Management PlanTenant shall, at its expense, make any alterations or modifications, with or without the Premises, to bring Tenant’s use and occupancy of the Premises into compliance with the ADA. Tenant shall pay, as Additional Rent, its proportional share of expenses incurred by Landlord in bringing common areas of the Project into compliance with provisions of the ADA. The Premises shall not be used as a copy “place of which has been supplied to Tenant. If public accommodation” under the ADA or similar laws, regulations, statutes and/or ordinances provided, that if any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building Project or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. 4.1 Tenant shall use agrees that during the term of this Lease the Demised Premises only will be used and occupied for biomedical laboratory research, and general office and administrative services the following purposes and for no other purposepurposes without the written consent of Landlord: office and design, research, development and manufacturing facility for wireless and other telecommunications devices. Except as specifically provided for in this Section 6, the Premises Tenant shall not use or permit the Demised Premises to be used for any purpose other purpose without Landlord’s prior written consent which consent may than as specified herein and shall not be unreasonably withheld, conditioned use or delayed by Landlord; provided, however, that in no event shall any portion of permit the Demised Premises to be used for a vivarium for animals larger than rodents. At either’s requestany use or occupation which would be in conflict with the provisions of the Zoning Ordinance of the Town of Deerfield, Landlord Massachusetts, applicable to the use and Tenant shall cooperate and assist each other in developing and implementing a communications plan for occupancy of said Demised Premises or which would violate the Project and Tenant’s restrictions applicable to the use of the Demised Premises in the Deerfield Industrial Park (the "Park Restrictions"). 4.2 Tenant agrees that during the term of this Lease that: (a) no nuisance will be permitted on or about the Demised Premises; (b) nothing shall be done upon or about the Demised Premises which shall be unlawful or contrary to any law, including ordinance, regulation or requirement of any uses that public authority of insurance inspection or rating bureau or similar organization having jurisdiction, or which may be deemed controversial. The reasonable costs injurious to develop or implement a communications plan with respect adversely affect the Demised Premises; (c) the Demised Premises will not be overloaded, damaged or defaced; (d) Tenant will procure all licenses and permits which may be required for any use made of the Demised Premises; (e) Tenant will not permit the emission of any objectionable noise or odor from the Demised Premises except as allowed by law, regulation or permit; (f) all waste and refuse will be kept at locations approved by Landlord and will be removed from the Demised Premises at Tenant's expense; (g) the Demised Premises will be kept attractive in appearance and appealing to a customers; and (h) Tenant use that is deemed controversial shall will not do, or suffer to be done, or keep, or suffer to be kept, or omit to do anything in, upon or about the Demised Premises or on any property therein any act or acts which may void any insurance or which may create any extra premiums or increased rate of such insurance unless paid by Tenant; provided . 4.3 The Tenant agrees that no hazardous wastes, materials or oil (the "Hazardous Substances") as so classified by any law or regulation shall be stored in or about the Demised Premises, except in accordance with such laws or regulations. The Tenant herewith indemnifies and agrees to defend and hold the Landlord harmless from and against any and all loss, damage, or claims arising out of the storage, handling, discharge or disposal of the Hazardous Substances by Tenant. Prior to the expiration of the term of this Lease, the Landlord may cause to be prepared an environmental site analysis of the Demised Premises and Landlord's Property, prepared by an environmental analyst. If such analysis reveals the existence of any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed Hazardous Substances or materials in excess of amounts permitted by applicable law in or about the Demised Premises caused by the communications plan. Except as permitted aboveTenant, Tenant shall not allow any use of the Premises which will negatively affect pay for the cost of coverage such analysis and remove the Hazardous Substances, without injury to Landlord's Property, in accordance with the requirements of Landlord’s insurance on all Federal and State law and regulations. The indemnity contained herein shall survive the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 termination of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for the permitted use identified in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodentsLease. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any change in use of the Premises which will negatively affect have a material adverse effect on the cost of or coverage of Landlord’s insurance on the ProjectProperty. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized for those liquids and permitted under Section 27 materials used in the normal course of this LeaseTenant’s business, which shall be stored and used in accordance with applicable laws and insurance requirements. Except as permitted above, Tenant shall not allow any change in use of the Premises which would unreasonably cause the value or utility of any part of the Premises to diminish or would interfere with any other tenant Tenant or with the operation of the Project Property by Landlord. Tenant shall not cause or permit any nuisance or waste upon the Premises Premises, or allow any offensive noise or odor in or around to emanate from the Premises to emanate outside or in any way obstruct or interfere with the rights of other tenants or occupants of the PremisesProject. Subject Tenant acknowledges that the Americans With Disabilities Act of 1990 (as amended and as supplemented by further laws from time to events beyond time, the “ADA”) imposes certain requirements upon the owners, lessees and operators of commercial facilities and places of public accommodation, including, without limitation, prohibitions on discrimination against any individual on the basis of disability. Notwithstanding any other provision of this Lease, Landlord agrees at Landlord’s control or for safety or health reasonsexpense, to take all proper action to cause the Building structure and the Common Areas to comply with the ADA requirements and Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall complyagrees, at Tenant’s costexpense, to take all proper and necessary action to cause the Premises, any repairs, replacements, alterations and improvements thereto to be maintained, used and occupied in compliance with any and the ADA requirements, to the extent that those requirements are based upon the Tenant’s occupancy, alteration, improvement, use of the Premises and, further, to otherwise assume all applicable responsibility to ensure the Premises’ continued compliance with all provisions of the April 29ADA throughout the Term. Tenant shall, 2002 Transportation Management Planat its expense, make any alterations or modifications to its improvements to the Building, in order to bring Tenant’s use and occupancy of the Premises into compliance with the ADA. Tenant shall pay, as Additional Rent, Tenant’s Proportionate Share of expenses incurred by Landlord in bringing the Common Areas of the Project into compliance with provisions of the ADA to the extent any such compliance is required by changes in the ADA after the Commencement Date. The Premises shall not be used as a copy “place of which has been supplied to Tenant. If public accommodation” under the ADA or similar laws, regulations, statutes and/or ordinances; provided, that if any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building Property or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory research, and general office purposes, research and administrative services development and related and ancillary uses and any other uses that are permitted under the Approved Site Plan, applicable zoning laws and other Legal Requirements (as hereinafter defined) and are compatible with a Class A suburban office complex in the Market Area, as defined in Section 25.4 below, and for no other use or purpose. Except as specifically provided for The parties hereby agree that the following uses are compatible with a Class A suburban office complex in this Section 6the Market Area: laboratories, light assembly areas, health club/fitness center, outdoor fitness trail, day care center, sundries/lobby shop, laundry/dry cleaning drop--off service, and food service operations. Notwithstanding anything herein to the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldcontrary, conditioned or delayed by Landlord; provided, however, that in no event shall any portion such compatible uses" in the aggregate exceed more than forty percent (40%) of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use rentable area of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the ProjectBuilding. Tenant shall not allow any inflammable use or explosive liquids or materials to be kept on occupy the Premises except as authorized and permitted under Section 27 of this Leasefor any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance. Except as permitted above, Tenant shall not allow any Tenant's use of the Premises which would unreasonably interfere Premise shall also comply with all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, and orders of Loudoun County, the Commonwealth of Virginia and any other tenant public or with quasi-public authority having jurisdiction over the operation Premises, concerning the use, occupancy and condition of the Project by Landlord. Tenant Premises and all machinery, equipment and furnishings therein (together referred to herein as "LEGAL REQUIREMENTS"). 6.2 Pursuant to the provisions of the Development Agreement, Landlord shall not obtain the initial non-residential use permit and any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside other similar governmental approvals which may be required for Tenant's occupancy of the Premises. Subject It is expressly understood that if any present or future Legal Requirements require any other permit(s) for the Premises due to events beyond Landlord’s control Tenant's particular use thereof, or for safety Tenant's improvements or health reasonsfuture alterations thereto, that Tenant will obtain such permit(s) at Tenant's own expense. Further, Tenant and its employees shall have access will comply with all Legal Requirements which impose on Landlord or Tenant a duty relating to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law arising as a result of Tenant’s use's use or occupancy of the Premises. In particular, Tenant shall either modify its use without limiting the generality of the foregoing, any and all alterations or additions to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, the Premises that are required to be made after the Lease Commencement Date, as a result of Legal Requirements (now existing or hereafter enacted) shall be made by Tenant at Tenant's sole cost and expense and in accordance with the requirements of Article IX hereof. Notwithstanding anything contained herein to the contrary, Landlord shall be required to comply with any present or future Legal Requirements with respect to (i) elements and components of the "base building" structure and systems and (ii) the common areas of the Building which are within Landlord's control, unless, in either case, such Legal Requirements are imposed because of Tenant's particular use or configuration of the Premises (as opposed to office use generally) or any improvements constructed in the Premises by Tenant or caused by Tenant or any of its employees, agents, contractors or subtenants in which case Tenant shall bear the entire cost of performing such addition, replacement or alteration. Tenant shall promptly pay all fines, penalties and damages that may arise out of or be imposed on Landlord or Tenant because of Tenant's failure to comply with the provisions of this Section. 6.3 Tenant shall pay any business, rent or other taxes that are now or hereafter levied upon Tenant's use or occupancy of the Premises, the conduct of Tenant's business at the Premises, or Tenant's equipment, fixtures or personal property. In the event that any such taxes are enacted, changed, or altered so that any of such taxes are levied against Landlord, or the mode of collection of such taxes is changed so that Landlord is responsible for collection or payment of such taxes, Tenant shall pay any and all such taxes to Landlord within thirty (30) days following written demand from Landlord. 6.4 Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored or disposed of in or about the Building or the Complex, provided that Tenant may use and store reasonable quantities of standard office supplies and cleaning materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises and in compliance with all Environmental Laws and other applicable Legal Requirements. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials (except any that may be Landlord's responsibility pursuant to Section 6.5 hereof and any that are otherwise not Tenant's responsibility pursuant to the terms of this Article VI) and, subject to the foregoing parenthetical, in compliance with all Environmental Laws. "HAZARDOUS MATERIALS" means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other applicable Law as a "hazardous substance," "hazardous material," "hazardous waste." "toxic substance," "toxic pollutant" or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or byproduct material), chlorofluorocarbon, lead or lead-based product, and any other substance whose presence would be hazardous to health or the environment. "ENVIRONMENTAL LAW" means any present and future Law and any amendments (whether common law, statute, rule, order, regulation or otherwise), permits and other requirements or guidelines of governmental authorities applicable to the Building or the Premises under such lawsLand and relating to the environment and environmental conditions or to any Hazardous Material (including, without limitation, CERCLA, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.., the Clean Air Act, 33 U.S.C. Section 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. Section 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., and any so-called "Super Fund" or "Super Lien" law, any Law requiring the filing of reports and notices relating to hazardous substances, environmental laws administered by the Environmental Protection Agency, and any similar state and local Laws, all amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety). If At all times, and notwithstanding any governmental authority termination of this Lease, Tenant shall deem indemnify and hold Landlord, its employees and agents harmless from and against any portion damage, injury, loss, liability, charge, demand or claim based on or arising out of the Project presence or removal of, or failure to remove, Hazardous Materials generated, used, released, stored or disposed of by Tenant or its employees, agents, contractors, licensees or invitees (other than collectively, "INVITEES") in or about the Premises) to be a “place Building or the Complex, whether before or after the Lease Commencement Date. In addition, Tenant shall give Landlord immediate verbal and follow-up written notice of public accommodation” under the ADA any actual or any other comparable law as a result of the uses permitted under applicable laws threatened Environmental Default, which Environmental Default Tenant shall cure in accordance with all Environmental Laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. reasonable satisfaction of Landlord agrees that Landlord’s Work and, except in the Premises shall comply with the ADA.case of an

Use of Premises. Tenant may use and occupy the Demised Premises for meetings, employee training seminars and other similar and consistent purposes associated with the operation of Tenant's Palisades Nuclear Plant, including a command and operations center for operation and monitoring of, and response to emergencies at, said Palisades Nuclear Plant. Tenant shall not use the Demised Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose materially dissimilar or inconsistent purposes without Landlord’s 's prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that consent. Tenant shall in no event use the Demised Premises for any purpose that would affect the fire insurance rating of Landlord's Building or any adjacent buildings. Tenant shall not use the Demised Premises for any portion purpose that requires the use of equipment that would result in overloading the Premises be used for a vivarium for animals larger than rodents. At either’s requestfloors in the Demised Premises, Landlord and Tenant shall cooperate take care not to install any equipment in a manner or location resulting in a floor overload exceeding the design specifications at any point within the Demised Premises. Tenant shall ensure that it, and assist each other in developing its agents, contractors, subcontractors, employees and implementing a communications plan for the Project invitees, comply with all laws, ordinances and Tenant’s regulations of all public authorities relating to its use and occupancy of the PremisesDemised Premises and Common Areas under this Lease. Tenant shall also ensure that it, including any uses that and its agents, contractors, subcontractors, employees and invitees, comply as well with Landlord's Rules as set forth on Exhibit C, attached hereto, and with such other and further reasonable rules as Landlord may make from time to time. Unless and except as may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; expressly otherwise provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted aboveherein, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable dispose or explosive liquids or materials suffer to be kept on disposed of any waste material whatsoever upon the Demised Premises except as authorized and permitted under Section 27 or the Common Areas without the prior written consent of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance not, without the prior written consent of Landlord, store, use or waste maintain, or suffer to be stored, used or maintained, upon the Demised Premises or allow the Common Areas any offensive noise material that is or odor in may be or around become hazardous to human health or the environment or the storage, treatment or disposal of which is regulated by any governmental authority. The granting or withholding of any consent of Landlord under the terms of this paragraph shall be within the sole discretion of Landlord. Tenant shall, when requested by Landlord, promptly give to Landlord any information required by Landlord concerning products, substances or processes used, stored, maintained or undertaken by Tenant or on its behalf or with its approval upon the Demised Premises to emanate outside of or the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a weekCommon Areas. Tenant shall complyindemnify and save Landlord, at Tenant’s costits successors and assigns, with any harmless from all loss, liability and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law expense as a result of any failure of Tenant’s use, Tenant shall either modify its use agents, contractors, subcontractors, employees or invitees, to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAterms of this paragraph.

Use of Premises. A. The Premises shall be occupied and used by Tenant shall use the Premises only for biomedical laboratory researchTenant's Permitted Use as set forth on the Schedule, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6Without limiting the generality of the foregoing, the Premises no use shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion made of the Premises be used for nor acts done which are unlawful, unsafe, create a vivarium for animals larger than rodents. At either’s requestnuisance, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project, or may cause a cancellation of any insurance policy covering the Project by Landlordor any part thereof. Tenant shall not permit any nuisance to be kept, used or waste upon sold in or about the Premises any article which may be extra-hazardous or allow any offensive noise or odor in or around prohibited by Landlord's insurance policies. If Tenant's particular use of the Premises to emanate outside causes the rate of the Premises. Subject to events beyond Landlord’s control fire or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem other insurance on the Premises to be a “place of public accommodation” under increased beyond the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s userate otherwise applicable to the Premises, Tenant shall either modify its use to cause such authority to rescind its designation pay the reasonable amount of any increase. B. Tenant shall not install, use, generate, store, release or be responsible for any alterations, structural dispose of in or otherwise, required to be made to about the Building Premises or the Premises Project any hazardous substance, toxic chemical, radioactive material, explosive, pollutant or contaminant (including, without limitation, any hazardous substances as defined under applicable federal, state and local statutes, ordinances and regulations, and petroleum, asbestos or PC3's), nor allow others to engage in such laws. If any governmental authority activities, without Landlord's prior written approval of each such substance, except that Landlord's approval shall deem any portion not be required for use by Tenant of the Project (other than the Premises) to be a “place immaterial quantities of public accommodation” under the ADA or any other comparable law such substances customarily used in office business operations so long as a result of the Tenant uses permitted under such substances in accordance with applicable laws and the Master Use Permit highest prevailing industry standards. Tenant shall indemnify, defend and hold Landlord harmless from and against any claim, damage or other land use permits for expense, including, without limitation, all testing, enforcement, cleanup and remedial costs and reasonable attorney's fees, arising out of the Projectinstallation, use, generation, storage, release or disposal of any such substance, regardless of whether Landlord has approved the activity. Tenant's obligations under this Section 6B shall be responsible for, at its cost, any alterations, structural survive the expiration or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtermination of this Lease.

Use of Premises. (a) Tenant shall use the Premises only for biomedical laboratory researchgeneral warehousing, configuration, distribution and general light manufacturing of computer products clammed under Section 310.0 of the Ohio Basic Building Code, effective September 1, 1992, being in either the S-1 Moderate Hazard Storage Uses or the S-2 Low Hazard Storage Uses (see Exhibit B), or any combination of the two, office uses, training and administrative services education uses and for no other purpose. Except as specifically provided for in this Section 6purpose without the prior written consent of the Landlord, the Premises which shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, withheld Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan have been provided an inspection report, issued by Jezerinac Xxxxx & Associates, Inc., dated December 15, 2000, attached hereto as Exhibit C (“Inspection Report”), which includes recommendations for the Project and Tenant’s use mediation of certain structural defects of the Premises, including . Landlord covenants to perform any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed all actions required for the remediation of the structural defects disclosed by the communications plan. Except Inspection Report, as permitted aboveneeded, Tenant shall not allow any use of throughout the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 Term of this Lease. Except as permitted aboveSubject to Landlord’s obligations ‘described in the preceding sentence, Tenant agrees and accepts the Premises in an “as is” condition and acknowledges that neither Landlord nor any officer, partner, agent, or employee of the Landlord has made any other representation or warranty regarding the Premises, its condition or Tenant’s use and occupancy thereof, or undertaken any covenant, unless expressly set forth in this Lease. (b) Landlord shall, at its sole expense, comply with all laws, ordinances, orders and regulations of federal, state, county, and municipal authorities and with any direction of any public officer or off, pursuant to law, and with any restrictions of record; which shall not allow impose any liability, order or duty upon Landlord or Tenant with respect to Tenant’s use or occupancy of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under including compliance wit : the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA1990.

Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposethe "Sole Permitted Use" identified in the Schedule. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s 's insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably cause the value or utility of any part of the Premises to diminish or would interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not cause or permit any nuisance or waste (excluding Hazardous Substances, which are governed by Section 28) upon the Premises Premises, or allow any offensive noise or odor in or around the Premises to emanate outside or in any way obstruct or interfere with the rights of other tenants or occupants of the PremisesProject. Subject Tenant acknowledges that the Americans With Disabilities Act of 1990 (as amended and as supplemented by further laws from time to events beyond Landlord’s control or for safety or health reasonstime, the "ADA") imposes certain requirements upon the owners, lessees and operators of commercial facilities and places of public accommodation, including, without limitation, prohibitions on discrimination against any individual on the basis of disability. Notwithstanding any other provision of this Lease, Tenant agrees, at Tenant's expense, to take all proper and its employees shall have access necessary action to cause the Premises, any repairs, replacements, alterations and improvements thereto to be maintained, used and occupied in compliance with the ADA requirements, whether or not those requirements are based upon the Tenant's use of the Premises 24 hours per dayand, 7 days a weekfurther, to otherwise assume all responsibility to ensure the Premises' continued compliance with all provisions of the ADA throughout the Term. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, to bring Tenant's use and occupancy of the Premises into compliance with the ADA. Tenant shall complypay, at as Additional Rent, Tenant’s cost, 's Proportionate Share of expenses incurred by Landlord in bringing Common Areas of the Project into compliance with any and all applicable provisions of the April 29ADA. The Premises shall not be used as a "place of public accommodation" under the ADA or similar laws, 2002 Transportation Management Planregulations, a copy of which has been supplied to Tenant. If statutes and/or ordinances; provided, that if any governmental authority shall deem the Premises to be a “"place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law " as a result of Tenant’s 's use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building Project or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. Subject to the other terms and provisions contained herein, Tenant shall be permitted to use the Premises only for biomedical laboratory researchthe operation, maintenance and general office and administrative services and for no other purposerepair of the Cowxxx Xxnter in order to achieve the Governmental Program as set forth in Section 1.b. Except as specifically provided for in this Section 6, the Premises shall not above. The Cowxxx Xxnter may be used for any other purpose without Landlord’s uses related and ancillary thereto, including but not limited to stores or kiosks selling items relating to performances at the Cowxxx Xxnter, restaurants, and food service, which related ancillary uses shall not exceed five percent (5%) of the square footage of the Cowxxx Xxnter, and such other use as Landlord and the Legislature of the State of Minnesota may expressly and formally authorize. Alternatively, with the prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion approval of the Premises be used for a vivarium for animals larger than rodents. At either’s requestCommissioner of the Minnesota Office of Management and Budget (the “Commissioner”), Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use ancillary uses may constitute 5% of the total usage of the Premises, including any uses that may be deemed controversialwithout regard to square footage, over an annualized period. The reasonable costs Tenant shall submit a plan for such ancillary use to develop or implement the Commissioner demonstrating compliance with the overall 5% maximum usage test as a communications plan with respect to a Tenant condition of such approval. No use that is deemed controversial shall be paid by Tenant; provided that any such costs made or shall be reasonably allocated between permitted to be made of the Premises nor shall any acts be done which will cause a cancellation of any insurance policy covering the Improvements on the Premises, or any part thereof. Tenant shall, at its sole cost, comply with all requirements necessary for the maintenance of insurance of any insurance organization or company, as herein provided, covering any building and any other tenant whose use is addressed by appurtenances located on the communications planPremises. Except as permitted aboveFurthermore, during the term of this Lease, Tenant shall not allow any use of comply with all applicable laws affecting the Premises which will negatively affect if either: (a) the cost breach of coverage such laws might result in any penalty on Landlord or the forfeiture of Landlord’s insurance title to the Premises; or (b) the breach of which would have an adverse effect on the Projectpublic health or safety. Tenant shall not commit or allow any inflammable or explosive liquids or materials to be kept committed any waste of or nuisance on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory research, and general office and administrative services use (including ancillary uses, such as food service for Tenant’s employees) consistent with other office tenant uses in Class A office buildings in the Market Area, and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance to the Landlord or other tenants of the Building. Tenant shall comply with all Legal Requirements concerning the use, occupancy or condition of the Premises and all machinery, equipment and furnishings therein, and any Alterations made by Tenant, including, but not limited to the Americans with Disabilities Act and regulations promulgated from time to time thereunder applicable to the Premises, but excluding (i) common areas, Base Building Systems and the Base Building Work to be performed by Landlord, and (ii) alterations to the Base Building Work that apply to the Building as specifically provided a whole, as opposed to Tenant’s particular use of the Premises (as distinct from office use generally). If any Legal Requirement requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall! obtain and keep current such permit or License at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. It is expressly understood that if any change in the use of the Premises by Tenant, or any alterations to the Premises by Tenant, or any future law, ordinance, regulation or order requires a new or additional permit from, or approval by, any governmental agency having jurisdiction over the Building, such permit or approval shall be obtained by Tenant on its behalf and at its sole expense. Further, Tenant shall comply with all Legal Requirements which shall impose a duty on Landlord or Tenant relating to or as a result of the use or occupancy of the Premises (subject to the exclusions to Tenant’s obligation set forth above). Tenant shall pay all fines, penalties and damages that may arise out of or be imposed on Landlord or Tenant because of Tenant’s failure to comply with the provisions of this Section 6Lease. 6.2 Tenant shall pay any business, rent or other taxes that are now or hereafter levied upon Tenant’s use or occupancy of the Premises, the Premises conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures or personal property. In the event that any such taxes are enacted, changed or altered so that any of such taxes are levied against Landlord or the mode of collection of such taxes is changed so that Landlord is responsible for collection or payment of such taxes, Tenant shall pay any and all such taxes to Landlord upon written demand from Landlord. 6.3 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be used generated, used, released, stored or disposed of in or about the Building, provided that Tenant may use and store in accordance with all Environmental Laws reasonable quantities of standard cleaning and office materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. “Hazardous Materials” means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other purpose applicable Law as a “hazardous substance,” “hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” “toxic pollutant” or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or byproduct material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be detrimental to the Building or the Land or hazardous to health or the environment. “Environmental Law” means any present and future law and any amendments (whether common law, statute, rule, order, regulation or otherwise), permits and other requirements or guidelines of governmental authorities applicable to the Building or the Land and relating to the environment and environmental conditions or to any Hazardous Material (including, without limitation, CERCLA, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 33 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300 feet seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., and any so-called “Super Fund” or “Super Lien” law, any Law requiring the filing of reports and notices relating to hazardous substances, environmental laws administered by the Environmental Protection Agency, and any similar state and local laws, all amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety). Notwithstanding any termination of this Lease, Tenant shall indemnify and hold Landlord, its employees and agents harmless from and against any damage, injury, loss, liability, charge, demand or claim based on or arising out of the presence or removal of, or failure to remove, Hazardous Materials generated, used, released, stored or disposed of by Tenant or any invitee in or about the Building, whether before or after Lease Commencement Date. In addition, Tenant shall give Landlord immediate verbal and follow-up written notice of any actual or threatened Environmental Default (as defined below), which Environmental Default Tenant shall cure in accordance with all Environmental Laws and to the satisfaction of Landlord and only after Tenant has obtained Landlord’s prior written consent consent, which consent may shall not be unreasonably withheld, conditioned or delayed delayed. An “Environmental Default” means any of the following by Tenant or any Invitee: a violation of an Environmental Law; a release, spill or discharge of a Hazardous Material on or from the Premises, the Land or the Building; an environmental condition requiring responsive action; or an emergency environmental condition. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same to Landlord’s satisfaction, to perform, at Tenant’s sole cost and expense, any lawful action necessary to address same. If any fender or governmental agency shall require, as a result of any act or omission by Tenant or its Invitees, testing to ascertain whether an Environmental Default is pending or threatened, then Tenant shall pay the reasonable costs therefor as Additional Rent. Promptly upon request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Materials at or in the Building, the Land or the Premises. Landlord represents that, except as specified in that certain Phase I Environmental Site Assessment prepared by O’Brien & Xxxx dated May 1, 1995, that certain Phase I Environmental Site Assessment prepared by Engineering Consulting Services dated September 22, 1998 and Addendum dated December 17, 1998, and that certain Phase I Environmental Site Assessment prepared by Blackstone Consulting dated December 27, 2002 (collectively, the “Environmental Report”),to its actual knowledge as of the date of this Lease, based solely and exclusively on the Environmental Report and no further or additional. inspection or inquiry having been made, neither the Premises, nor the Land (collectively, “Property”) contain any Hazardous Materials nor have any Hazardous Materials been used in the construction or development of the Property, nor will the use of any such materials knowingly be permitted by Landlord. In the event Landlord is advised, or it shall come to Landlord’s attention, that Hazardous Materials exist in the Property (i.e., in the Building or in, on, or about the Land), if mandated by any Legal Requirement, Landlord shall take all reasonable steps necessary to promptly remove or otherwise xxxxx, at Landlord’s expense, all such Hazardous Materials, and in doing so, Landlord shall use its reasonable efforts not to materially interfere with the conduct of Tenant’s business; provided, however, that in no event Landlord shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall complyremove, at Tenant’s costexpense, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem Hazardous Materials from the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) which Tenant, its employees, agents, subcontractors or any other comparable law as a result of Tenant’s usesubtenants shall have introduced or otherwise brought in, Tenant shall either modify its use to cause such authority to rescind its designation on or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than about the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical and non-governmental) office purposes compatible with first class office buildings in the Building’s submarket, and general office and administrative services and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building, or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or user of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as specifically required by law. Landlord at its expense (subject to reimbursement pursuant to Article V, if and to the extent permitted thereby) shall comply with all Laws to the extent the same apply directly to the Building Structure and Systems and Common Areas as a whole; provided, however, that to the extent any non-compliance is a result of the use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, or if any improvements made by Landlord to comply with such Laws benefit solely the Premises, then such compliance shall be at Tenant’s cost. Tenant shall comply with all Laws concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all in a timely manner at Tenant’s sole expense. If any Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of any of the foregoing: Tenant, at its expense, shall install and maintain fire extinguishers and other fire protection devices as may be required with respect to Tenant’s use of the Premises from time to time by any agency having jurisdiction thereof and/or the underwriters insuring the Building; and Tenant at its sole cost and expense shall be solely responsible for taking any and all measures which are required to comply with the ADA concerning the Premises (including suite entry doors and related items) and the business conducted therein. Any Alterations made or constructed by or for Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with this Lease; provided, that Landlord’s consent to such Alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such Alterations comply with the provisions of the ADA. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building or the Land for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises, in the Building or on the Land. 6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee. In addition to Base Rent and other charges to be paid by Tenant hereunder, Tenant shall reimburse Landlord upon demand for any and all taxes or assessments payable by Landlord by applicable Laws, whether or not now customary or within the contemplation of the parties hereto, to the extent not included in Real Estate Taxes: (a) upon, measured by or reasonably attributable to the cost or value of Tenant’s equipment, furniture, fixtures and other personal property located in the Premises or by the cost or value of any improvements made in or to the Premises by Tenant regardless of whether title to such improvements shall be in Tenant or Landlord; (b) upon or measured by the rental, parking fees and other charges payable hereunder in the nature of a sales tax upon rent, fees or other charges or a so-called “rent tax” or as a substitute for or in lieu of any increase in any taxes now in effect in connection with the payment of rent or other charges for the use, occupancy, possession or tenancy of the demised premises for each month or portion thereof during the term of this Lease, but not federal or state income taxes of Landlord; and (c) upon this transaction or any document to which Tenant is a party creating or transferring an interest in the Premises. Tenant agrees to pay all sales taxes and rent taxes in the manner and in accordance with the requirements of applicable Laws. If the applicable taxing authority shall require Landlord or Landlord’s agent to collect any sales taxes or rent taxes for or on behalf of the applicable taxing authority, then such sales taxes or rent taxes shall be paid by Tenant to Landlord or Landlord’s agent monthly with the rent payments and other charges required to be paid hereunder, in accordance with the requirements of the applicable taxing authority. In the event that it shall not be lawful for Tenant so to reimburse Landlord, the monthly rental payable to Landlord under this Lease shall be revised to net Landlord the same net rental after imposition of any such tax upon Landlord as would have been payable to Landlord if such tax had not been imposed. 6.3 Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises so long as such materials are properly, safely and lawfully stored, used and disposed of by Tenant and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant (it being understood that the term “inaction” as used in this Section 6, shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent of Tenant, unless such condition is knowingly aggravated as a result of Tenant’s use or occupancy of the Premises), Tenant shall not be used for surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. Tenant shall: (i) give Landlord immediate verbal and follow up written notice of any other purpose without actual or threatened Environmental Default with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, which Environmental Default Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlord’s prior written consent consent, which consent may shall not be unreasonably withheld, conditioned or delayed delayed; and (ii) promptly deliver to Landlord copies of any notices or other items received from or submitted to any governmental or quasi-governmental agency, or any claim instituted or threatened by Landlord; providedany third party, howeverconcerning the Premises, that the occupancy or use thereof, or the existence or potential existence of Hazardous Materials therein. Upon any Environmental Default, in no event addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any portion actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same in accordance with this Lease, to perform, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and or any action or inaction of Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and or any Agent of Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any sole cost and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its costexpense, any alterations, structural or otherwise, required lawful action necessary to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAaddress same.

Use of Premises. Tenant shall use The Premises are to be used for the Premises only for biomedical laboratory research, and general office and administrative services uses stated on Page 1 and for no other purposepurposes without Lessor's prior written consent, which shall not be unreasonably withheld. Except as specifically provided for in this Section 6Lessor may withhold its consent to any change of use on any commercially reasonable grounds, including, but not limited to, the following grounds which are hereby deemed by Lessee to be reasonable: (a) if the proposed changed use will conflict or be incompatible with other uses in the Park; (b) if such proposed changed use would impact the Common Areas or result in increased requirements for services or utilities furnished by Lessor; (c) if such proposed changed use would cause unusual wear and tear on the Premises or overload or overburden the structure or create undue vibration; (d) if such proposed changed use would require the use of heavy machinery and equipment other than that used by Lessee for its permitted light manufacturing on or about the Premises; (e) if such proposed changed use would require the use by Lessee on the Premises of Hazardous Materials at a level which creates more risk than the use of Hazardous Materials by Lessee in its business as of the date of this Lease; or (f) if such proposed changed use creates inappropriate or dangerous uses of the Premises. Lessee shall not do or permit anything to be done in or about the Premises nor keep or bring anything therein which will in any way increase the existing rate of or affect any policy of fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or other buildings in the Park or injure or annoy other tenants or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Lessee cause, maintain or permit any nuisance in, on or about the Premises. Lessee shall not damage or deface or otherwise commit or suffer to be committed any waste in or upon the Premises. Lessee shall honor the terms of all recorded covenants, conditions and restrictions relating to the property on which the Premises are located. Lessee shall honor the rules and regulations attached to and made a part of this Lease as Exhibit C and any other purpose reasonable regulations of the Lessor related to parking and the operation of the Park. Lessee shall, at Lessee's expense, faithfully observe and comply with all Municipal, State and Federal statutes or rules, regulations, ordinances, requirements, and orders, pertaining to the Premises or Lessee's use thereof, including without Landlord’s prior written consent limitation, all statutes, rules, regulations, ordinances, requirements, or orders affecting the Premises, the Building or the Park now in force or which consent may not hereafter be unreasonably withheld, conditioned or delayed by Landlordin force; provided, however, that in no event Lessee shall any portion of not be required to make structural changes to the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs not related to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any Lessee's specific use of the Premises which will negatively affect unless the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or requirement for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law such changes is imposed as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation any improvements or be responsible for any alterations, structural additions made or otherwise, required proposed to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADALessee's request.

Use of Premises. 4.1 The Tenant shall covenants and agrees not to use or occupy the Premises only or any part thereof for biomedical laboratory research, any purpose other than the Use Of Premises specified in the Lease Summary. Tenant acknowledges that annexed hereto as Schedule F is a list of exclusive uses granted by the Landlord as at the date of execution of this Lease to other tenants or occupants of the Project. The Tenant covenants and general office and administrative services and for no other purpose. Except as specifically provided for agrees that it shall carry on business in this Section 6, the Premises shall in such a way so as to avoid conflict with any of the exclusive uses and restrictive covenant clauses set forth in Schedule F. The Tenant agrees to provide the Landlord with not be used for any other purpose without Landlord’s less than sixty (60) days’ prior written consent which consent may not be unreasonably withheld, conditioned or delayed by LandlordNotice if and when the Tenant wishes to vacate the Premises and/or cease carrying on its Use of the Premises; provided, however, that no such vacating and/or ceasing to carry on the Use of the Premises will relieve the Tenant of its obligations, covenants and agreements hereunder and the Tenant will remain bound by this Lease and continue to pay all Rent and observe and perform all other provisions of this Lease including, but not limited, keeping the Premises heated (to avoid damage thereto by reason of cold, frost or otherwise), clean and free of rodents and pests. As part of its permitted Use Of Premises specified in the Lease Summary, but subject at all times to the Tenant’s covenant to avoid conflict with any of the exclusive uses and restrictive covenant clauses set forth in Schedule F, the Tenant will be permitted to grant temporary, co-working licences during the Term for the sole purpose of enabling collaborative co-working between the Tenant and such licensees; provided, however, that such co-working licences are granted on a not-for-profit basis and that the maximum Rentable Area Of The Premises permitted to be occupied by any such co-working licensees at any given time shall not exceed twenty percent (20%) of the total Rentable Area Of The Premises. Notwithstanding any such co-working licences, the Tenant will remain bound by this Lease and in no event shall any portion such co-working licenses release or relieve the Tenant from its obligations to perform fully all the terms, covenants and conditions of this Lease on its part to be performed. The Tenant shall give prior written notice to the Landlord of any and all co-working licences and licensees including, without limitation, the name, contact particulars and other reasonable information requested by the Landlord pertaining to such licensees. If, in the reasonable opinion of the Landlord, any co-working licences are tantamount to a Transfer or would otherwise conflict with any of the exclusive uses and restrictive covenant clauses set forth in Schedule F, at the request of the Landlord, the Tenant will be required to comply with the terms of Article 8 in respect of any co-working licences notwithstanding the foregoing. 4.2 The Tenant covenants and agrees that it shall not, without the prior written consent of the Landlord, grant any concession to anyone within the Premises. 4.3 The Tenant covenants and agrees to observe and perform all of its obligations and all matters and things necessary or expedient to be done, observed or performed by the Tenant by virtue of Applicable Laws and in any degree affecting the exercise or fulfilment in any manner of any right or obligation arising under or as a result of this Lease and affecting the Premises and the use thereof by the Tenant and all demands and Notices in pursuance of same whether made or served upon the Landlord or the Tenant. In the event of the service of any statutory notice lawfully requiring the execution of works by reason of anything done, omitted or permitted by the Tenant on the Premises during the Term, the following provisions shall apply notwithstanding anything contained in this Lease to the contrary: (a) if such notice is served upon the Tenant, the Tenant shall forthwith forward the same or a copy thereof to the Landlord and shall (unless a certificate of exemption be obtained) forthwith, at its own expense, execute to the satisfaction of the Landlord such works as the Landlord may approve in order to comply with the requirements of the said notice; (b) if such notice is served upon the Landlord, the Landlord shall notify the Tenant and thereupon the Tenant shall, at its own expense, forthwith execute to the satisfaction of the Landlord such works as the Landlord may require in order to comply with the requirements of said notice. 4.4 The Tenant covenants and agrees to comply with the Regulations. Each Regulation, as amended from time to time by the Landlord, forms part of this Lease as soon as the Regulation is made known to the Tenant. The Landlord is not responsible to the Tenant for the non-observance of a Regulation by any other tenant in the Project or of the terms, covenants and conditions of any other lease of premises in the Project. 4.5 The Tenant covenants and agrees that it shall not in respect of the Premises overload any floor, or bring into any part of the Premises any articles or fixtures that by reason of their weight or size might damage or endanger the structure of the Premises or any buildings or improvements comprising the Project, or hang anything from the roof, mechanical or sprinkler systems, or perform any acts or carry on any practice which may injure the Premises, the Project or its Common Areas. (a) The Tenant covenants and agrees that it shall not use or permit any part of the Premises to be used for in such a vivarium for animals larger than rodents. At either’s request, manner as to cause a nuisance and in particular shall not use any advertising media which is audible outside the Premises if the Landlord and or any other tenant objects thereto. (b) The Tenant shall cooperate not install in the Premises equipment or utilities (including telephone, telecommunication or other information technology equipment and/or any Non-Standard Improvements) which may or does overload any utilities or which generates sufficient heat to affect the temperature otherwise maintained in the Premises by the HVAC facilities as normally operated. Landlord may install supplementary HVAC units, facilities or services in the Premises, or modify the HVAC facilities, as may in the Landlord’s reasonable opinion be required to maintain proper temperature levels, and assist the Tenant shall pay the Landlord, within thirty (30) days of receipt of any invoice, for the cost thereof, including, without limitation, installation, operation and maintenance expenses, plus fifteen percent (15%) of such cost to cover the Landlord’s costs of administration. 4.7 The Tenant agrees not to paint, affix, display, erect or place, or suffer to be painted, affixed, displayed, erected or placed, or maintain any sign, decal, design, picture, notice, decoration, lettering, banner, pendant, shade, awning, canopy or advertising matter of any kind (collectively, “Tenant Signage”) anywhere in the Project or in or on any window or door of the Premises (except any of the foregoing placed in the interior of the Premises that cannot be viewed from outside the Premises) without first obtaining the Landlord’s written approval and consent thereto in each other instance, which consent cannot be unreasonably withheld, and all permits, licences and consents of all governmental authorities having jurisdiction, (and the Tenant shall promptly provide the Landlord with a copy thereof). Further, if the Tenant fails to obtain the prior consent and approval of the Landlord in developing accordance with this Article 4.7, and implementing a communications plan if the Landlord reasonably objects to any Tenant Signage which may be painted, affixed, displayed, erected or placed in or on any part of the interior or exterior of the Premises and which is visible from outside the Premises, the Tenant shall immediately remove such Tenant Signage at the Tenant’s expense, failing which the Tenant agrees that the Landlord may, without liability on the Landlord’s part and without notice to the Tenant, enter the Premises and remove such Tenant Signage at the Tenant’s expense, plus an administration charge of fifteen percent (15%) of the cost of such removal, which shall be paid by the Tenant to the Landlord as Additional Rent on demand. All Tenant Signage shall comply with all Applicable Laws then in effect and the applicable provisions of the Environmental Management Plan, including without limitation, those pertaining to light pollution reduction, energy conservation and, for any outside signage, migrating bird safety programs. It is expressly understood and agreed that no neon open signage will be permitted in or on the Premises. 4.8 The Tenant shall not place any refuse or garbage or form any rubbish dump outside the Premises or anywhere in the Project except in the place provided by the Landlord for that purpose, and shall not burn any refuse or garbage in or about the Premises or anywhere within the Project. The Tenant shall comply with all recycling programs adopted by the Landlord for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial Landlord shall be paid by Tenant; provided that any such costs entitled to refuse to collect refuse and recyclables if not properly sorted into the appropriate recyclable container, and the Landlord shall be reasonably allocated between entitled to charge the Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law costs it incurs as a result of the uses permitted under applicable laws and Tenant’s failure to comply with the Master Use Permit or other land use permits recycling programs adopted by the Landlord for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord The Tenant covenants and agrees that Landlord’s Work any food products and food waste (including any grease) in the Premises shall be stored, refrigerated and disposed of in accordance with all Applicable Laws and in accordance with the requirements of the Landlord to ensure that the Premises are not damaged thereby and that food odours do not emanate from the Premises or from any waste collection or disposal area located in the Common Areas in which the Tenant is permitted by the Landlord to place its food products or food waste, to any other premises or to any other Common Areas, and in this regard, the Landlord may require the removal of all food waste and grease from the Premises and the Project on a daily basis. If the Landlord provides any waste collection or disposal areas in the Project for food waste and grease, the Tenant shall comply with the ADArequirements of the Landlord with respect to such waste collection or disposal areas. 4.9 The Tenant acknowledges that all of its covenants and obligations set forth throughout this Article 4 are covenants and obligations designed for the mutual benefit and protection of all tenants of premises in the Project, and to render the Project as a whole of maximum attractiveness to the public. In the event that the Tenant shall be in breach of any such covenants or obligations or shall fail to observe or perform any of the same then without prejudice to any other right or remedy which the Landlord may have under the terms of this Lease the Landlord shall have the right to bring action in any court of competent jurisdiction against the Tenant for a judgement or order directing the Tenant to remedy such breach and to observe and perform such covenant or obligation.

Use of Premises. 7.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical) office purposes compatible with first-class office buildings in the jurisdiction in which the Building is located, and general office and administrative services and for no other use or purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable use or explosive liquids or materials to be kept on occupy the Premises except as authorized and permitted under Section 27 for any unlawful purpose, or in any manner that will violate the certificate of this Lease. Except as permitted above, Tenant shall not allow any use of occupancy for the Premises which would unreasonably interfere with or the Building or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or with the operation user of the Project Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as required by law. Except to the extent of Landlord. ’s obligations to cause the base Building to comply with Laws, Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonscomply with all present and future laws (including, Tenant and its employees shall have access to the Premises 24 hours per daywithout limitation, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (the “ADA”) and the regulations promulgated thereunder, as the same may be amended from time to time), ordinances (including without limitation, zoning ordinances and land use requirements), regulations, orders and recommendations (including, without limitation, those made by any public or private agency having authority over insurance rates) concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein (collectively, “Laws”), all of which shall be complied with in a timely manner at Tenant’s sole expense. If any such Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Use of the Premises is subject to all easements, covenants, conditions and restrictions of record. Tenant shall not use any space in the Building for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events (but expressly excluding special events on the rooftop terrace (if constructed in accordance with the terms of this Lease)) in the Building outside of the Premises without Landlord’s prior written consent, not to be unreasonably withheld, conditioned, or delayed. 7.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee. (a) Tenant shall not cause or permit any Hazardous Materials (as defined below) to be generated, used, released, stored or disposed of in or about the Building (including the Premises), provided that Tenant may use and store reasonable quantities of standard cleaning materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises provided the same are handled, stored and disposed of in accordance with all Laws. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws; provided that Tenant shall not be obligated to remove or remediate (i) any Hazardous Materials which have been generated, used, released, stored or disposed of in or about the Premises or the Building by any party other than Tenant or Tenant’s Invitees (hereinafter defined) prior to the Lease Commencement Date, or (ii) any Hazardous Materials which have been generated, used, released, stored or disposed of in or about the Building by any party other than Tenant or Tenant’s Invitees at any time during the Lease Term. For purposes of this Lease, “Hazardous Materials” means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other comparable law applicable Law as a result “hazardous substance,” “hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” “toxic pollutant” or any other formulation intended to define, list, or classify substances by reason of Tenant’s usedeleterious properties such as ignitability, Tenant shall either modify its use to cause such authority to rescind its designation corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or by-product material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be responsible for any alterations, structural or otherwise, required to be made detrimental to the Building or hazardous to health or the Premises under such lawsenvironment. If For purposes of this Lease, “Environmental Law” means any governmental authority shall deem present and future Law and any portion of the Project amendments (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectwhether common law, Landlord shall be responsible forstatute, at its costrule, any alterationsorder, structural regulation or otherwise), required to be made permits and other requirements or guidelines of governmental authorities applicable to the Building and relating to the environment and environmental conditions or to any Hazardous Material (other than including, without limitation, CERCLA, 42 U.S.C. § 9601 et seq., the PremisesResource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., and any so-called “Super Fund” or “Super Lien” law, any Law requiring the filing of reports and notices relating to hazardous substances, environmental laws administered by the Environmental Protection Agency, and any similar state and local Laws, all amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety). (b) under such laws. Landlord agrees that Notwithstanding any termination of this Lease, Tenant shall indemnify and hold Landlord’s Work in , its employees and agents harmless from and against any damage, injury, loss, liability, charge, demand or claim based on or arising out of the Premises shall comply with the ADA.presence or removal of, or failure to remove, Hazardous Materials generated, used, released, stored or disposed of by

Use of Premises. Tenant 10. The Lessee shall use the Premises demised premises only for biomedical laboratory research, manufacturing and general office and administrative services and for no other purposeancillary purposes. 11. Except as specifically provided for in this Section 6, the Premises The Lessee shall not discharge or permit to be used for discharged into the sewers serving the demised premises any other purpose without Landlord’s prior written consent liquid matter or thing which consent may not be unreasonably withheld, conditioned is or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs liable to develop set or implement a communications plan with respect to a Tenant use that congeal at average sewer temperature or is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use capable of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow giving off any inflammable or explosive liquids gas or materials any acid, alkali or other substance in sufficient concentration to cause corrosion to sewer pipes, penstocks, gratings and sewer fittings. 12. The Lessee shall not discharge or permit to be kept on discharged any effluent into the Premises except as authorized and permitted under Section 27 of this Leasesurface water drainage system. 13. Except as permitted above, Tenant The Lessee shall not allow do or permit to be done any use of the Premises act or thing which would unreasonably interfere with any other tenant might be or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises grow to be a “place nuisance or to the annoyance, damage or inconvenience of public accommodation” under the Americans with Disabilities Act (“ADA”) neighbourhood or the property adjoining or near to the demised premises or of the owners or occupiers of any such property. 14. The Lessee shall keep the demised premises insured against loss or damage by fire, stoxx, xxxxxxx, xlood, explosion, aircraft or other aerial devices or articles dropped therefrom. The insurance shall be for the sum of money sufficient to cover the full cost of reinstating the demised premises including architects' fees in the event of total destruction thereof and the IDA xxall be noted therein as an interested party. 15. If the demised premises or any other comparable law part thereof shall at any time during the term be destroyed or damaged by any of the risks mentioned in Clause 14, the Lessee shall apply all monies received in respect of such insurance with all reasonable speed in building, repairing and otherwise reinstating the premised according to the original plan or elevation thereof or as a result otherwise agreed with the IDA. Xny deficiency in such monies shall be provided by the Lessee out of Tenant’s use, Tenant its own funds. 16. The Lessee shall either modify its use to cause not carry on any business on the demised premises or store any material thereon which might render any such authority to rescind its designation insurance void or be responsible for any alterations, structural voidable. 17. The Lessee shall not do or otherwise, required permit to be made done upon the demised premises anything which may render the IDA xx the owner or occupier of adjoining premises liable to pay any increased or penal premium in respect of any insurance policies effected by the Building IDA xx the owner or occupier of any adjoining premises or which might render such insurance policies void or voidable or in any way prejudice the Premises under such laws. If any governmental authority shall deem any portion right of or increase the responsibility of the Project (other than IDA xx the Premises) to be a “place owner or occupier of public accommodation” adjoining premises under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAinsurance policies.

Use of Premises. Tenant shall (a) Lessee covenants to use the Premises only for biomedical laboratory research, and general office purposes and administrative services to use them in a careful, safe and proper manner; to pay on demand for no other purpose. Except as specifically provided for in this Section 6, any damage to the Premises shall caused by negligent act or omission of such Premises by Lessee, its agents or employees or of any other person entering upon the Premises under express or implied invitation of Lessee; not to use or permit the Premises to be used for any purposes prohibited by the laws of the United States, the State of Colorado, the County of Xxxxx, or the ordinances of the City of Denver; and not to commit waste, nor suffer, nor permit waste to be committed, nor permit any nuisance on or in the Premises. (b) Lessee agrees to keep the Premises in a neat, clean and attractive condition; to comply properly with all laws, ordinances, and other governmental rules and regulations concerning the Premises or the streets, sidewalks, alleys, parks, parkways, and other public property abutting the Premises; to use the Premises for no purpose which would render void the fire, extended coverage and added perils insurance on the building. Lessee agrees to pay all extra insurance premiums on the building on which the Premises are a part if such extra insurance premiums are reasonably required as the result of the use which Lessee shall make of the Premises. (c) Lessee will not at any time without Landlord’s obtaining Lessor's prior written consent conduct or permit any fire, bankruptcy or auction sale on the Premises; or change the exterior color of the building or any part thereof; or park, operate, load or unload any truck or other delivery vehicle at any place other than the loading area designated for such use; or use the plumbing facilities for any purpose other than that for which consent they were constructed or dispose of any foreign substance therein; or install any shades, awnings, machinery, motors, or ducts, or install any amplifiers, loudspeakers, phonographs, microphones, or similar devices for any purpose, or use any advertising medium, which may be heard or seen inside or outside the building; permit any rubbish or garbage to accumulate on the Premises in other than rubbish removal areas; or install, maintain, alter, or operate any sign or display visible to public view inside or outside of the building, except as approved by Lessor, or store materials, supplies, equipment or other materials outside the building or outside of the space occupied by Lessee. (d) Lessee will not be unreasonably withheld, conditioned at any time deface or delayed by Landlord; provided, however, that in no event shall injure any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s requestor burn anything in or about the Premises; or keep or display any merchandise or other object on or otherwise obstruct any sidewalks, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for stairways, walkways, streets, parks or parkways; or use or permit the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law Premises as a result living quarters, sleeping rooms or for similar uses. (e) The Rules and Regulations attached hereto and marked Exhibit "C", as well as rules and regulations as may be hereafter adopted from time to time by Lessor for the safety, care and cleanliness of the uses permitted under applicable laws Premises and the Master Use Permit or other land use permits for the Projectpreservation of good order thereon, Landlord shall be responsible forare hereby expressly made a part hereof, at its cost, any alterations, structural or otherwise, required and Lessee agrees to be made to the Building (other than the Premises) under obey all such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADARules and Regulations.

Use of Premises. A. The Premises shall be used as a visual arts exhibition gallery, and to house the Berkeley Art Center Association’s main office. The Center may be rented to the public for special events, subject to any applicable or required approvals from the City, and subject to the terms of this Lease. If the renter operates a concession or a revenue-generating special event on the Premises, the provisions included in section 3.B. of this lease shall apply. Landlord’s granting of this Lease is not to be construed as a promise or a guarantee that such approval will be granted by the City in its regulatory capacity. B. Tenant shall operate its business on and about the Premises in a manner consistent with the use permitted herein and the standards promulgated by Landlord. C. At all times, Xxxxxx agrees to provide adequate personnel to ensure the safe and efficient management of its use of the Premises. X. Xxxxxx will comply with all applicable safety standards in effect at any given time, and take all necessary steps to ensure that its participants and patrons are properly supervised to prevent injury to participants and others. Tenant will provide adequate supervision of the participants and patrons at all times while using the Premises. E. Landlord shall have no responsibility for Xxxxxx’s furnishings, property or equipment that may be lost, stolen, or damaged. X. Xxxxxx acknowledges that the Premises is located within Live Oak Park and agrees to require its employees, participants, and patrons who use the Premises only for biomedical laboratory research, and to abide by standards of behavior common to the general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, park use. G. Business may be conducted with the public on the Premises at any time that Live Oak Park is open, provided that Tenant shall not be used for have obtained all required permits. Tenant shall obtain any other purpose required permits from the City if it sponsors any special events beyond its scheduled exhibitions that require doing business after 10 p.m. on any day. X. Xxxxxx agrees to cooperate with the City in promoting community participation in Tenant’s programs and activities held on the Premises. I. Tenant shall not, without Landlord’s prior the written consent of Landlord: 1. place, construct or maintain in, on, or about the Premises or within Live Oak Park any advertisement media, including without limitation, searchlights, flashing lights, loudspeakers, or other similar media or device, except for the current Berkeley Art Center sign designated for advertising, subject to Berkeley Municipal Code, Title 20; 2. place or permit the use in or on the Premises of any video games, pinball machines or other devices or equipment for amusement or recreation, or any vending machines, newspaper racks or other coin operated devices (excepting pay telephones). 3. warehouse or stock on the Premises any goods, wares or merchandise other than that which consent may not is directly related to the Tenant's use of the Premises; 4. store, display or sell goods or merchandise on the Premises or place or permit portable signs or other devices to be unreasonably withheld, conditioned stored or delayed by Landlord; provided, however, that in no event shall to remain on the Premises; 5. use or permit any portion of the Premises to be used as living or sleeping quarters; and 6. sell, distribute, display, or offer for sale any item, which, in Landlord's good faith judgment, may tend to detract from the image of Live Oak Park. J. Tenant shall not do or permit to be done in, on, or about the Premises anything which is prohibited by, or may conflict with, any law, statute, ordinance or governmental rule or regulation now in force or hereafter enacted or promulgated, or which is prohibited by the standard forms of special form or commercial general liability insurance, or which may cause a cancellation of any insurance policy covering Live Oak Park, or the Premises or any of its contents, or (except with the prior written consent of Landlord) which may increase the existing rate of or affect any special form or commercial general liability insurance or other insurance upon Live Oak Park, or the Premises, or any of its contents. In the event Tenant does or permits to be done anything or keeps or permits to be kept anything on or about the Premises or Live Oak Park which increases the existing rate of such insurance upon Live Oak Park or the Premises or any of its contents, Tenant shall pay the amount of any such increase promptly upon Landlord's demand. Tenant shall not do or permit anything to be done which will in any way obstruct or interfere with the rights of other lawful users of Live Oak Park, including, without limitation, tenants, their employees or invitees, disturb or annoy them, or use or allow the Premises to be used for a vivarium for animals larger than rodentsany improper, unlawful or objectionable purpose. At either’s request, Landlord and Tenant shall cooperate and assist each other not maintain or permit any nuisance in developing and implementing a communications plan or about the Premises or commit or suffer to be committed any waste in or upon the Premises. K. No auction, fire, bankruptcy, distress, clearance, or going-out-of-business sale shall be conducted on the Premises nor shall any sign or advertisement regarding such activity be posted in or about the Premises. L. Tenant shall not use or permit the Premises to be used in any manner or permit anything to be brought into or kept therein which would (i) violate the certificate of occupancy for the Project and Tenant’s use Premises; (ii) make it impossible or extraordinarily difficult to obtain special form coverage, commercial general liability or other insurance required to be furnished by Tenant under this Lease; (iii) cause structural injury to any part of the PremisesPremises or the Building; (iv) impair or interfere with the proper operation and maintenance of the Premises or Live Oak Park; or (v) violate any of Tenant's other obligations under this Lease. M. If any governmental license or permit, including any uses that may be deemed controversial. The reasonable costs to develop or implement other than a communications plan with respect to a Tenant use that is deemed controversial certificate of occupancy, shall be paid by required for the proper and lawful conduct of Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above's business, Tenant shall not allow procure and maintain such license or permit and submit the same for inspection by Landlord. Tenant at all times shall comply with the terms and conditions of each such license or permit. N. Nothing shall be done in or about the Premises by Xxxxxx or anyone having a contractual relationship with Tenant that will result in substantial interference, by themselves or third parties, with normal operation and use of Live Oak Park or the means of ingress and egress thereto ("Substantial Interference"). Tenant shall use every effort to eliminate Substantial Interference, including legal action. If Tenant fails to bring an immediate halt to any Substantial Interference, Landlord shall have the right (i) to take action and require Tenant to undertake and eliminate such Substantial Interference and (ii) to commence any legal action to eliminate such Substantial Interference. Any agreement entered into by Tenant with regard to use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. shall contain a provision reserving to Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use all of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. necessary rights and remedies to permit Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with its obligations under this provision and authorizing Landlord to enforce the ADAterms of such provision if Tenant fails to do so.

Use of Premises. Tenant (a) Lessee shall use the Premises only for biomedical laboratory research, and general office and administrative services space and for no other purpose. Except as specifically provided for use without the prior written consent of Lessor, which consent may be withheld in this Section 6, Lessor’s sole discretion. (b) Lessee will not use or permit the Premises shall not to be used for any illegal, immoral, or improper purposes, and at Lessee’s own cost and expense, Lessee will execute and comply with all laws, rules, orders, ordinances, and regulations now in force or at any time issued, applicable to the Premises or to Lessee’s occupancy thereof, by the county, state, and federal governments and each and every department, bureau, and official thereof, and with any requirements of any fire underwriters’ bureau, including without limitation, all applicable federal, state, and local laws, regulations or ordinances pertaining to air quality, hazardous materials, waste disposal, air emissions and other purpose environmental matters, all zoning and land use matters, with the Americans with Disabilities Act of 1990 and the Florida Americans with Disabilities Accessibility Implement Act, as both may be amended from time to time (collectively “ADA”), and with any directive or occupancy certificate issued pursuant to any law by any public officer or officers insofar as any thereof relate to or affect the condition, use or occupancy of the Premises. (c) Lessee agrees not to commit or allow to be committed any nuisance or other act against public policy, or which may disturb quiet enjoyment of any other tenant of the Building. Lessee agrees not to deface the Building in any manner or overload the floors of the Premises. (d) Lessee agrees not to knowingly use or keep any substance or materials in or about the Premises which may impair the insurance on the Building or increase the hazard of the insurance risk or which is offensive or annoying to other tenants of the Building. (e) Lessee agrees not to use or permit the use of the Premises to provide laboratory, radiology, physical therapy, or other such services except in connection with routine services for the exclusive use of Lessee’s own private, non-hospitalized patients. Lessee further agrees not to commercially dispense for sale drugs, prescriptions or pharmaceutical items on the Premises during the Lease Term without Landlord’s prior obtaining the written consent of Lessor. In the event the installation of any radiological or other major clinical, diagnostic or therapeutic equipment is permitted by Lessor, then the installation and maintenance of such equipment must comply with the minimum safety standards prescribed by the Board of Health of the State of Florida, and all expenses for such compliance shall be paid by Lessee. (f) If Lessee is a medical doctor, or if Lessee is a professional corporation or a partnership whose stockholders, physician-employees or partners are medical doctors, then Lessee, or any such stockholder, physician-employee or partner must maintain in good standing his license to practice medicine in Florida, and must also maintain active or provisional active membership in good standing on the medical staff of Baptist Hospital, Inc., Pensacola, Florida, or its affiliates (“Hospital”). (g) Lessee agrees not to perform any abortions or other procedures or actions, medical or otherwise, which consent may not be unreasonably withheldare injurious to the reputation or welfare of Lessor and of its clientele. In the event that Lessor determines that Lessee is carrying on any such procedure or action, conditioned medical or delayed by Landlordotherwise, which is injurious to Lessor and its clientele, Lessor shall inform Lessee of such determination in writing. Within five (5) days (Saturdays, Sundays and legal holidays excepted) after Lessee receives notice of such determination, Lessee shall cease carrying on such procedure or action; provided, however, that if Lessee within five (5) days (Saturdays, Sundays and legal holidays excepted) after receiving notice of such determination contests the determination in no event writing to Lessor, Lessor shall any portion submit the matter to a vote of the Premises tenants of the Building. In the event that tenants who lease in excess of fifty percent (50%) of the lease space in the Building agree, by such vote, with Lessor’s determination that Lessee’s procedure or action is injurious to the reputation or welfare of Lessor or its clientele, Lessee hereby agrees that it will cease such procedure or action within five (5) days after being furnished written notice of the results of such vote; and in the event that Lessee fails to terminate such procedure or action within such five (5) days period, at the end of such period Lessor shall have the absolute power and right to immediately declare Lessee’s failure to so terminate such procedure or action as a breach of this Lease and shall have the power to immediately terminate this Lease and seek damages as provided in Section 22. The notice and opportunity to cure provisions set forth in this Section 5(g) shall be used for a vivarium for animals larger than rodents. At eitherdeemed to meet all notice and opportunity to cure provisions set forth in Section 22 hereof. (h) Lessee agrees to refrain from smoking and prohibits others, including without limitation, Lessee’s requestinvitee, Landlord licensees, patients, and Tenant shall cooperate guests, from smoking tobacco products, including without limitation, cigarettes, pipes, cigars and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of like items, within or on the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant without limitation, elevators, stairwells, halls, and any other tenant whose use is addressed by common areas within the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADABuilding.

Use of Premises. 6.1. Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical, non-retail and general non-governmental) office and administrative services purposes compatible with first class office buildings in the jurisdiction in which the Building is located, and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or use of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as specifically provided for in this Section 6required by law. Tenant shall comply with all present and future laws (including, without limitation, the Americans with Disabilities Act (the “ADA”) and the regulations promulgated thereunder, as the same may be amended from time to time), ordinances (including without limitation, zoning ordinances and land use requirements), regulations, orders and recommendations (including, without limitation, those made by any public or private agency having authority over insurance rates) (collectively, “Laws”) concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein; all of which shall not be used for any other purpose without Landlordcomplied with in a timely manner at Tenant’s prior written consent which consent may not be unreasonably withheldsole expense. Notwithstanding the foregoing, conditioned or delayed by Landlordbut subject to Section 6.4, Landlord at its expense (subject to reimbursement pursuant to article V, if and to the extent permitted thereby) shall take steps necessary to comply with Laws to the extent the same applies directly to the Building structure and systems and the common areas of the Building as a whole; provided, however, that in no event shall to the extent any portion non-compliance is a result of the use or occupancy of the Premises or any action or inaction of Tenant, or if any improvements made by Landlord to comply with such Laws benefit solely the Premises, then such compliance shall be used at Tenant’s cost; and provided further, however, that Tenant at its expense shall be responsible for all space within the Premises being in compliance with such Laws. If any such Law requires a vivarium occupancy or use permit or license for animals larger than rodents. At either’s requestthe Premises or the operation of the business conducted therein, Landlord and then Tenant shall cooperate obtain and assist each keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of the foregoing, Tenant, at its expense, shall install and maintain fire extinguishers and other fire protection devices as may be required from time to time by any agency having jurisdiction thereof and/or the underwriters insuring the Building. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in developing and implementing a communications plan the Building for the Project and sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises either in the Building or on the Land. 6.2. Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, including any uses that may be deemed controversialthe conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that If any such costs shall be reasonably allocated between Tenant and any other tenant whose use tax or fee is addressed by the communications plan. Except as permitted aboveenacted or altered so that such tax is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall not allow any use pay as additional rent the amount of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectsuch tax or fee. 6.3. Tenant shall not allow cause or permit any inflammable or explosive liquids or materials Hazardous Materials to be kept on generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises except so long as authorized same is properly, safely and permitted under Section 27 lawfully stored and used by Tenant, and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around surrender the Premises to emanate outside Landlord free of the PremisesHazardous Materials and in compliance with all Environmental Laws. Subject to events beyond Landlord’s control “Hazardous Materials” means (a) asbestos and any asbestos containing material and any substance that is then defined or for safety listed in, or health reasonsotherwise classified pursuant to, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) Environmental Law or any other comparable law applicable Law as a result “hazardous substance,” “Hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” “toxic pollutant” or any other formulation intended to define, list, or classify substances by reason of Tenant’s usedeleterious properties such as ignitability, Tenant shall either modify its use to cause such authority to rescind its designation corrosivity, reactivity, carcinogenicity; toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or by-product material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be responsible for any alterations, structural or otherwise, required to be made detrimental to the Building or the Premises under such lawsLand or hazardous to health or the environment. If “Environmental Law” means any governmental authority shall deem present and future Law and any portion of the Project amendments (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectwhether common law, Landlord shall be responsible forstatute, at its costrule, any alterationsorder, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.regulation or

Use of Premises. Tenant 8.1 The Premises shall use be used and occupied only for the purposes of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Subtenant from all relevant and required governmental agencies and authorities. Subtenant shall not do or permit anything to done in or about the Premises only for biomedical laboratory researchwhich will in any way interfere with the rights of other occupants of the Building or the Project, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, or use or allow the Premises shall not to be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldunlawful purpose, conditioned nor shall Subtenant permit any nuisance or delayed by Landlord; provided, however, that commit any waste in no event shall any portion of the Premises be used for a vivarium for animals larger than rodentsor the Project. At either’s requestSubtenant shall comply at its expense with all present and future laws, Landlord ordinances, restrictions, regulation, orders, rules and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s requirements of all governmental authorities that pertain to Subtenant or its use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial . 8.2 Subtenant shall be paid by Tenant; provided that any such costs entitled to 240 vehicle parking spaces. Spaces shall be reasonably allocated between Tenant unreserved and unassigned, on those portions of the Common Areas designated by Sublandlord for parking. Parking within the Common Areas shall be limited to striped parking stalls. Sublandlord shall have the right to establish, and from time to time amend, and regulate parking as that Sublandlord may deem necessary for operation and maintenance of parking in the Common Areas. Any person using the parking area shall observe all directional signs and arrows and any other tenant whose use is addressed by posted speed limits. 8.3 Subtenant shall be entitled to the communications plan. Except as permitted above, Tenant shall not allow any use of modular furniture currently in places within the Premises which will negatively affect sublease area at the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use time of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonssublease, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions furniture inventories shown on exhibit "C". Uses and maintenance of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenantsaid furniture shall be at subtenants sole expense. If any governmental authority Subtenant shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required damages above normal wear and tear. Subtenant shall have the option to be made to buy the Building or the Premises under such lawsfurniture at any time at fair market value. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA9.

Use of Premises. Tenant The premises shall use be used for the Premises only for biomedical laboratory research, and general office and administrative services purposes described in the Summary of Basic Lease Terms and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldconsent. In connection with the use of Premises, conditioned or delayed by Landlord; providedTenant shall: 6.1 Conform to all applicable laws, howeverstatutes, that in no event shall rules, ordinances, orders, regulations and requirements of any portion of public authority (“Laws”) affecting the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost and correct, at Tenant’s own expense, any failure of coverage compliance created through Tenant’s fault or by reason of Tenant’s use, unless such failure is due to Landlord’s insurance on default in the Project. Tenant shall not allow any inflammable or explosive liquids or materials performance of the agreements set forth in this Lease to be kept and performed by Landlord. Landlord represents to Tenant that there is no asbestos in the Building, and Landlord indemnifies Tenant from any liability arising out of the presence of asbestos in the Building. 6.2 Refrain from any activity which would be reasonably offensive to Landlord, to other tenants in any buildings situated on the Premises except as authorized and permitted under Section 27 property, or to owners or users of this Lease. Except as permitted abovethe adjoining premises, Tenant shall not allow any use or which would tend to create a nuisance or damage the reputation of the Premises which would unreasonably interfere with or of any other tenant or with such buildings. Without limiting the operation generality of the Project by Landlord. foregoing, Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in to escape or around be emitted from the Premises nor permit the use of flashing (strobe) lights nor shall Tenant permit the sale or display of offensive materials as reasonably determined by Landlord; 6.3 Refrain from loading the floors, electrical systems, plumbing systems, or heating, ventilating and air conditioning systems (“HVAC”), beyond the point considered safe by a competent engineer or architect selected by Landlord and refrain from using electrical, water, sewer, HVAC, and plumbing systems in any harmful way. If Landlord employs an engineer, architect, electrical, or other consultant to emanate determine whether Tenant's use of the Premises is in violation of this Section 6.3, Tenant shall pay the reasonable costs incurred in connection with that employment. Tenant shall use hair interceptors, grease traps or other drain protection devices as needed to avoid such harmful use; 6.4 Not permit any pets or other animals in the Premises except for Service Animals; 6.5 Refrain from making any marks on or attaching any sign, insignia, antenna, window covering, aerial or other device to the exterior or interior walls, windows or roof of the Premises without the written consent of the Landlord, which consent shall not be unreasonably withheld. Landlord need not consent to any sign, which fails to conform to the general design concept of the buildings situated on the Property, as established by Landlord. Notwithstanding Landlord's consent to any signs, Tenant shall (i) comply with all Laws related to such signs at its own cost and expense, and (ii) remove all such signs upon termination of the Lease and repair any damage to the Premises caused thereby, at Tenant's own cost and expense; 6.6 Comply with any reasonable rules respecting the use of the Premises promulgated by Landlord from time to time and communicated to Tenant in writing. Without limiting the generality of the foregoing, such rules may establish hours during which the common area shall be open for use, may regulate deliveries to the Premises and may regulate parking by employees. Recognizing that it is in the best interests of all tenants to accommodate the parking needs of customers, Landlord reserves the right to require employees of Tenant to park in designated areas of the common area or to park outside of the Premisescommon area if Landlord determines that the extent of employee parking is detrimental to the business of the tenants or any of them. Subject Tenant shall use its best efforts to events beyond Landlord’s control complete, or for safety or health reasonscause to be completed, Tenant all deliveries, loading and its employees shall have access unloading to the Premises 24 hours per by 9 a.m. each day, 7 days a week. Tenant shall comply, at Tenant’s cost, and to prevent delivery trucks or other vehicles serving the Premises from parking or standing in from of the locations of other tenants; 6.7 Comply with any no smoking (and all applicable provisions other health related) policies and procedures established by Landlord from time to time; 6.8 Recognizing that it is in the interest of the April 29, 2002 Transportation Management Plan, a copy both Tenant and Landlord to have regulated hours of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s usebusiness, Tenant shall either modify its use to keep the Premises open for business and cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required Tenant’s business to be made conducted therein during those days and hours as is customary for businesses of like character in the city or county in which the Premises are situated, but in any event during those days and hours reasonably established by Landlord, except to the Building or extent that the use of the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA is interrupted or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlordprevented by causes beyond Tenant’s Work in the Premises shall comply with the ADA.reasonable control;

Use of Premises. Tenant shall Lessee, for and in consideration of four ten-year leases and the demise of the water rights by Lessor to Lessee, hereby agrees and covenants with Lessor to use the Premises only water rights or any substitute rights, water or reuse water as determined by the Lessee to provide irrigation water to the Lessors’ golf course, unless otherwise required by the office of the State Engineer (SEO). In the event that the Lessee permanently ceases to provide irrigation water to the golf course for biomedical laboratory researchany reason, the Leases will terminate immediately. In the event the Lessee acquires the ownership of the Leased Rights as set forth below, then the terms of this paragraph 4 shall be contained in the conveying documents so that the Lessee will continue to be required to provide irrigation water to the golf course. During the term or terms of the leases nothing prevents the Lessee from satisfying its obligation to provide irrigation water from any lawful source, whether ground water, surface water or reuse water, and general office nothing prevents the Lessee from using the Leased Rights or any portion thereof for domestic water supply consistent with the requirements of the SEO. The Lessee may adjust rates for golf course irrigation water by the change in the BLS Consumer Price Index, beginning from an index of 206.7. Any restructuring of rates by the Lessee will be related to the Lessee's costs of providing irrigation water. Irrigation water costs will include capital and administrative services lease costs, production costs, and transportation costs together with a reasonable allocation of Lessees’ overhead expense related hereto. The Lessee shall have an option to purchase the Leased Rights at any time after twenty (20) years from the effective date of the Lease. This option will be conditioned upon Xxxxxx’s substantial compliance with the terms of the Lease and the Asset Purchase and Sale Agreement dated between Lessor and Alto Lakes Water Corporation on the one hand, and Lessee on the other. The purchase price for no the Leased Rights shall be negotiated between the parties at the time the Lessee evidences its intent by written notice to Lessor to exercise the option. If an agreement cannot be reached between the parties as to the purchase price within 120 days following such written notice, then each party shall name a hydrologist or civil engineer in writing to the other purposeparty within sixty (60) days thereafter and shall instruct its expert to contact the other’s expert and to jointly name a third hydrologist or civil engineer. Except The three named experts shall thereafter jointly consider the fair market value of the water rights and shall issue a written report of the fair market value of the Leased Rights. The purchase price, which shall be such fair market value, shall be set by the majority of the experts so named. Within sixty (60) days of the issuance of this report the Lessee shall obtain a financial commitment to finance the purchase of the water rights, and thereafter the Lessee shall close on the purchase as specifically provided for soon as is reasonably possible to do so, but in any event within eight (8) months of obtaining the financial commitment to finance the purchase. At the closing the Lessor shall convey the Leased Rights to the Lessee upon receipt of said payment. If the Lessee fails to meet its obligations in the timeframe set forth herein, or if the Lease terminates at any time prior to the conveyance of the Leased Rights to the Lessee, then this Section 6option to purchase shall terminate. In the event that Xxxxxx receives a bona fide written offer to purchase the Leased Rights which Lessor intends to accept, the Premises shall not be used for any other purpose without Landlord’s prior Lessor will first provide written consent which consent may not be unreasonably withheldnotice thereof, conditioned or delayed by Landlord; provided, however, that in no event shall any portion along with a copy of the Premises offer, to the Lessee. The Lessee will then have sixty (60) days within which to evidence its intent to match the offer received and to purchase the Leased Rights by written notice thereof to Lessor, failing which Lessor will be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for free to close the Project and Tenant’s use sale of the PremisesLeased Rights. In the event that Lessee exercises this option within sixty (60) days of the issuance of this written notice to the Lessor the Lessee shall obtain a financial commitment to finance the purchase of the water rights, including and thereafter the Lessee shall close on the purchase as soon as is reasonably possible to do so, but in any uses that may event within eight (8) months of issuing the written notice to the Lessor. If the Lessee fails to meet its obligations in the timeframe set forth herein, or if the Lessee fails to so close, then the Lease will terminate and Lessor will be deemed controversialfree to sell the Leased Rights to any third party free of the Lease and Xxxxxx’s option to purchase. The reasonable costs to develop or implement a communications plan with respect Sale by the Lessor of the Leased Rights to a Tenant use that is deemed controversial third party shall be paid conditioned upon approval of the sale by Tenant; provided that any such costs shall be reasonably allocated between Tenant the PRC, the SEO and any other tenant whose use is addressed regulatory agency having jurisdiction. The Lessor shall be required to release the Lessee from any further obligation to serve customers previously served by the communications plan. Except as permitted aboveLeased Rights, Tenant shall not allow any use the third party must agree to be bound by an enforceable obligation to serve the Lessor and those customers previously served by the leased rights, and the third party will be required to make arrangements reasonably satisfactory to the Lessee for payment to the Lessee for rental of the Premises which will negatively affect Lessee’s water production, storage and transportation facilities in utilizing the cost of coverage of LandlordLeased Rights. If the Lease terminates, then this option to purchase shall likewise terminate. The Lessee’s insurance on the Project. Tenant obligation to provide water for irrigation shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use reduced by 112 Afy upon termination of the Premises which would unreasonably interfere with Lease for any reason, other tenant or with the operation than sale of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access water rights to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADALessee.

Use of Premises. Tenant The Premises shall use the Premises be used only for biomedical laboratory researchsuch lawful purposes as may be directly related or incidental to the operation of an apparel company, and general office and administrative services and for no other use or purpose. Except Sublessee acknowledges that Sublessor has not made any representations or warranties with respect to the suitability of the Premises for Sublessee's uses. Sublessee and Sublessee's Parties shall at all times comply with all rules and regulations regarding the Premises, as specifically provided Sublessor may establish from time to time. Sublessee shall be responsible for in this Section 6and shall, at its own cost and expense, obtain any and all licenses and permits necessary for any use by Sublessee of the Premises. Sublessee shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, including, without limitation, the Americans with Disabilities Act of 1990 triggered subsequent to the Commencement Date as a result of Sublessee's alterations or use of the Premises. Without limiting the generality of the foregoing, and subject to Paragraph 7 below, Sublessee shall at its own cost and expense install and construct all physical improvements to or needed to serve the Premises shall (i) required by any federal, state or local building code or other law or regulation enacted or becoming effective after the Commencement Date, including, but not be used limited to, special plumbing, railings, ramps and other improvements for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withhelduse by the handicapped, conditioned or delayed (ii) made necessary by Landlord; the nature of Sublessee's use of the Premises, provided, however, that Sublessor shall have the option to install and construct such improvements, in no event which case the cost thereof shall any be equitably allocated by Sublessor in its reasonable discretion among the benefited premises, and Sublessee, upon demand, shall pay to Sublessor, as Additional Rent, such portion of the cost thereof as may be allocated equitably, in Sublessor's reasonable discretion, to the Premises. Sublessee shall not place a load upon the floor of the Premises that exceeds the load per square foot that such floor was designed to carry and which is allowed by law. Sublessee shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Sublessee's sole expense. Sublessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises. Sublessee shall not permit the Premises to be used for a vivarium for animals larger than rodentsany purpose or in any manner (including without limitation any method of storage) that would render the insurance thereon void or the insurance risk more hazardous or cause the state insurance authority to disallow any sprinkler credits. At either’s request, Landlord If any increase in the fire and Tenant shall cooperate extended coverage insurance premiums paid by Sublessor is caused by Sublessee's use and assist each other in developing and implementing a communications plan for the Project and Tenant’s use occupancy of the Premises, including or if Sublessee vacates the Premises and causes any uses that may be deemed controversial. The reasonable costs increase in such premiums, then Sublessee shall pay as additional Rent the amount of such increase to develop Sublessor, and, upon demand by Sublessor, correct at Sublessee's expense the cause of such disallowance, increased cost, penalty or implement a communications plan with respect surcharge to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use satisfaction of the Premises which will negatively affect the cost of coverage of Landlord’s particular insurance on the Project. Tenant shall not allow any inflammable provider or explosive liquids or materials to be kept on the Premises except authority, as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAapplicable.

Use of Premises. Tenant shall Subject to any additional uses or limitations on use contained in Item 8 of the Basic Lease Provisions, the Premises shall be used only for biomedical laboratory researchthe purpose of receiving, storing and shipping products, materials and merchandise, and general office and administrative services for such other lawful purposes as may be directly incidental thereto, and for no other use or purpose. Except as specifically provided Tenant acknowledges that Landlord has not made any representations or warranties with respect to the suitability of the Premises for in this Section 6Tenant's uses. Tenant and Tenant's Parties shall at all times comply with all rules and regulations regarding the Premises, the Premises Building and/or the Project as Landlord may establish from time to time. Landlord shall not be used responsible for nor liable to Tenant for any violation and/or enforcement of such rules and regulations by any other purpose tenant of the Project. Tenant shall be responsible for and shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, including, without Landlord’s prior written consent which consent may limitation, the Americans with Disabilities Act of 1990 triggered subsequent to the Commencement Date as a result of Tenant's alterations or use of the Premises. Without limiting the generality of the foregoing, and subject to Paragraph 7 below, Tenant shall at its own cost and expense install and construct all physical improvements to or needed to serve the Premises (i) required by any federal, state or local building code or other law or regulation enacted or becoming effective after the Commencement Date, including, but not be unreasonably withheldlimited to, conditioned special plumbing, railings, ramps and other improvements for use by the handicapped, or delayed (ii) made necessary by Landlordthe nature of Tenant's use of the Premises; provided, however, that Landlord shall have the option to install and construct such improvements, in no event which case the cost thereof shall any be equitably allocated by Landlord in its reasonable discretion among the benefitted premises, and Tenant, upon demand, shall pay to Landlord, as Additional Rent, such portion of the Premises cost thereof as may be used for a vivarium for animals larger than rodents. At either’s requestallocated equitably, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of Landlord's reasonable discretion, to the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use place a load upon the floor of the Premises which will negatively affect exceeds the cost of coverage of Landlord’s insurance on the Projectload per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not allow any inflammable promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or explosive liquids upon, or materials to be kept on connected with, the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted abovePremises, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlordall at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or waste upon the Premises would disturb or allow endanger any offensive noise or odor in or around the Premises to emanate outside other tenants of the Premises. Subject to events beyond Landlord’s control Project or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a weekunreasonably interfere with their use of their respective premises. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem not permit the Premises to be a “place used for any purpose or in any manner (including without limitation any method of public accommodation” under storage) which would render the Americans with Disabilities Act (“ADA”) insurance thereon void or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to the insurance risk more hazardous or cause such the state insurance authority to rescind its designation or be responsible for disallow any alterations, structural or otherwise, required to be made to the Building or the Premises under such lawssprinkler credits. If any governmental authority shall deem any portion increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Project is caused by Tenant's use and occupancy of the Project (other than Premises, or if Tenant vacates the Premises) Premises and causes any increase in such premiums, then Tenant shall pay as additional Rent the amount of such increase to be a “place Landlord, and, upon demand by Landlord, correct at Tenant's expense the cause of public accommodation” under such disallowance, increased cost, penalty or surcharge to the ADA or any other comparable law as a result satisfaction of the uses permitted under applicable laws and the Master Use Permit particular insurance provider or other land use permits for the Projectauthority, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAas applicable.

Use of Premises. A. The Leased Premises shall be used and occupied exclusively by Tenant and the members of Tenant’s household identified in paragraph 2 above as a private single-family dwelling. B. No part of the Leased Premises shall be used at any time for the purpose of carrying on any sort of business or trade, or professional trade of any kind or for any purpose other than as a private, single-family residence. C. Tenant shall not assign this Lease or grant any concession or license to use or sublet the Leased Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Leased Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, . D. Tenant shall not allow any use provide accommodations for boarders or lodgers. Guests of Tenant may stay on the Leased Premises for no more than one (1) cumulative week per lease year. Xxxxxx visits may be permitted by Landlord for good cause in the Landlord’s sole discretion, if Tenant notifies Landlord in writing, explaining the reason for the extended visit. E. Tenant shall comply with all sanitary laws, ordinances, rules and orders of appropriate authorities affecting the cleanliness, occupancy and preservation of the Premises which will negatively affect Leased Premises, all restrictive covenants affecting the cost Leased Premises, and City of coverage of Landlord’s insurance on the ProjectHarrisonburg ordinances regarding nuisance, as amended from time to time. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible reimburse Landlord for any alterations, structural fines or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law penalties Landlord incurs as a result of the uses actions of Tenant, members of Tenant’s household, Xxxxxx’s guests or other persons under Tenant’s control (including any nuisance fees imposed on Landlord under § 15-3-2 of the Harrisonburg City Code, as amended from time to time). Charges assessed herein shall be due and collectible fourteen (14) days after Landlord gives written notice to Tenant, which notice shall constitute notice of adverse action. F. Tenant is permitted under applicable laws to own and keep common household pets in the Leased Premises in accordance with the Pet Rules. However, no animals or pets shall be kept anywhere on the Leased Premises without the prior written permission from Landlord. Permitted pets shall be kept only in accordance with the Pet Rules attached hereto and made a part of this Lease as Exhibit C (if applicable). Neither this paragraph 10F nor the Pet Rules shall apply to animals kept to assist, support or provide service to persons with disabilities or needed as a reasonable accommodation to the Tenants or Tenant’s household members, as set forth in paragraph 2 of this Lease. The Landlord shall also allow service animals to accompany visitors with disabilities who need such animals as an accommodation to their disabilities. Assistance animals must be qualified as such by Landlord according to HUD regulations. Tenant may, at any time, request that this Lease be amended to permit a pet and/or request a copy of the Pet Rules. Violation of the Pet Rules shall be grounds for removal of the pet and/or termination of this Lease in accordance with federal, state, and local law and the Master Use Permit terms and conditions of this Lease. If applicable, Xxxxxx has read and agrees to abide by the terms of Landlord’s Pet Rules set forth in Exhibit C attached to this Lease. G. Tenant shall obey the Landlord’s rules and regulations as published in the Resident’s Handbook. Xxxxxx’s acknowledgement of receipt of the Resident’s Handbook is attached to and made a part of this Lease as Exhibit D. Tenant shall obey additional rules established after the effective date of this Lease if: i. the rules are reasonably related to the safety, care, and cleanliness of the Leased Premises or other land use permits Grounds (as that term is defined in paragraph 11 below) and the safety, comfort, and convenience of the residents; and ii. Xxxxxx receives written notice of any proposed rule change at least thirty (30) days before the rule’s effective date. H. Tenant shall not keep or have in or on the Leased Premises or the Grounds (as that term is defined in paragraph 11 below) any articles or things of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or that might be considered hazardous or extra-hazardous by any responsible insurance company. Tenant shall not undertake, or permit his/her family or guests to undertake, any hazardous acts or do anything that will increase insurance premiums for the ProjectLeased Premises or Grounds. Any such actions shall constitute Material Non-Compliance, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work as defined in the Premises shall comply with the ADAparagraph 18 below.

Use of Premises. Tenant shall use the Premises only for biomedical laboratory researchresidential purposes. Tenant shall have exclusive use and right of possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and general office all covenants and administrative services and for no other purpose. Except as specifically provided for in this Section 6, restrictions affecting the Premises and all rules and regulations of homeowners’ associations affecting the Premises. a. Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than seven (7) nights in any calendar month. Xxxxxxxx’s approval is required to allow anyone else to occupy the Premises for a longer period. b. Tenant must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace. c. Tenant may not paint or make any alterations or improvements to the Premises without first obtaining Landlord’s written consent to the alteration or improvement. d. If the Tenant receives permission to paint, alter or improve the premises, THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FROM IMPROVEMENTS MADE BY THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notify all parties performing work on the Premises at Tenant’s request that the Lease does not be used for allow any other purpose liens to attach to Landlord’s interest. Initial / e. Any improvements or alterations to the Premises made by the Tenant shall become Landlord’s property. f. Tenant may hang pictures and install window treatments in the Premises without Landlord’s prior written consent consent, provided Tenant removes all such items before the end of the Lease Term and repairs all damage resulting from the removal which consent may includes patch and paint. Initial / g. Tenant shall not be unreasonably withhelddestroy,deface, conditioned damage, impair, or delayed by Landlord; provided, however, that in no event shall remove any portion part of the Premises belonging to Landlord, nor permit any person to do so. h. Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises. i. Tenant shall not create any environmental hazards on or about the Premises. j. All vehicles parked on the premises must be used properly maintained and must have current registration and tags. In the event the tenant wishes to do mechanical repairs to a vehicle, the repairs must be completed in a timely fashion. k. Tenant shall not operate an ATV (All-Terrain Vehicle) or any similar vehicle on the property or adjoining streets and right of ways. The use of an ATV or similar vehicle is a high-risk activity, which the owner forbids on the premises. The operation of ATVs and similar vehicles is also extremely noisy and causes an unnecessary disturbance to the neighbors. l. Tenant shall not install or cause to be installed a trampoline in the yard without prior consent from the landlord. If permission for a vivarium for animals larger than rodents. At either’s requesttrampoline is granted, Xxxxxx shall execute an addendum to the Lease guaranteeing proper installation, purchase of liability coverage and holding the Landlord and Tenant shall cooperate and assist each other the Landlord’s Agent harmless in developing and implementing a communications plan for the Project and Tenant’s event of an injury or liability claim resulting from the use of the Premises, including any uses that may trampoline. m. Tenant shall not install or cause to be deemed controversialinstalled an above-the-ground swimming pool without prior consent from the landlord. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that If permission for an above-the-ground pool is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted abovegiven, Tenant shall not allow any execute an addendum to the lease guaranteeing proper installation, purchase of liability coverage for use of the Premises which pool and guaranteeing that the lawn will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials be returned to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use former status upon removal of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADApool.

Use of Premises. Tenant TENANT shall use and occupy the Premises only for biomedical laboratory researchpremises in a clean and wholesome manner and in compliance with all applicable governmental requirements including all public health and police regulations and all rules promulgated by the Michigan Manufactured Home Commission relating to such occupancy to the full extent permitted by law. TENANT shall not use or operate any equipment or machinery that is harmful to the premises or which is disturbing to other tenants of the Manufactured Home Community. TENANT shall not employ any person or persons in or about the premises whose employment may, by law, constitute or create a liability on the part of LANDLORD. TENANTS, their guests, agents, invitees or other occupants are prohibited from generating, manufacturing, storing, treating, discharging, releasing, burying, or disposing on, under, or about the leased site, or any other area in the community, any hazardous substance. TENANT agrees that no representation as to condition of the premises, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6promise to alter, repair or improve the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises premises has been made except as authorized and permitted under Section 27 of contained in this Lease. Except TENANT shall keep the premises during the term of this Lease in good repair, and at the expiration thereof, yield and deliver up the same in like condition as permitted above, Tenant when taken. TENANTS shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access make no alterations to the Premises 24 hours per daysubject site without LANDLORD’S written consent LANDLORD shall be provided with a sketch of any proposed improvement, 7 days a week. Tenant i.e., porch, deck, carport, awning, shed and/or other house additions and TENANT shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for obtaining any alterations, structural or otherwise, building permits required from the governing municipality. A sketch of any proposed excavation and its location is to be made provided to LANDLORD, but only after the Building or the Premises under such lawsutility companies have been called regarding buried cables. If the TENANT should opt to remove any governmental authority shall deem any portion of the Project (other than above described structures, the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord site shall be responsible forrestored to its original condition. Any improvements made by TENANT such as concrete pads, at its costtrees and shrubs shall become community property. Unless performed by the TENANT all work on homes must be performed by licensed, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAinsured contractors.

Use of Premises. The Premises shall be used and occupied by Tenant as a private, single-family dwelling. Tenant agrees that no other person may inhabit the Premises unless (a) Tenant shall use have obtained the Premises only for biomedical laboratory researchprior written consent of Management on behalf of Owner approving such person and (b) such person shall have agreed in writing to be bound by each and every provision of this Lease, and general office and administrative services and for no other purposeincluding but not limited to the obligation to pay Rent. Except as specifically provided for in this Section 6, No part of the Premises shall not be used at any time during the Term of this Lease by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlordthan as a private single family dwelling; provided, however, that in no event shall any Tenant may use a portion of the Premises be used as a home office and may conduct business-related functions from the Premises as long as such activities do not use or advertise the Premises address as the address for a vivarium such business or such activities do not otherwise allow or permit customers, clients or business invitees from entering upon the Premises for animals larger than rodentsbusiness purposes. At either’s request, Landlord and Tenant shall cooperate comply with any and assist each other in developing all laws, ordinances, rules and implementing a communications plan for orders of any and all governmental or quasi-governmental authorities affecting the Project cleanliness, use, occupancy and preservation of the Premises. Tenant and Tenant’s use guests shall not make or permit any loud or obnoxious noises or otherwise cause a nuisance to the neighbors of the Premises. In addition, including any uses that may be deemed controversial. The reasonable costs Tenant acknowledges receipt of the restrictive covenants for the subdivision/condominium, if any, in which the Premises is situated and agrees to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed abide by the communications plan. Except as permitted aboveterms of such covenants, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlordif applicable. Tenant shall not permit any nuisance hazardous act or waste upon use of the Premises and shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or allow that might be considered hazardous or extra-hazardous by any offensive noise responsible insurance company. Tenant shall not make or odor in or around the Premises permit waste to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall complynot permit any lien or encumbrance, at Tenant’s costwhether voluntary or involuntary, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than placed on the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. Tenant The Premises shall use be used for the Premises only for biomedical laboratory research, and general office and administrative services purpose(s) set forth in SECTION 1.8 and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s 's prior written consent consent, which consent may shall not be unreasonably withheld, conditioned or delayed delayed. Tenant shall not, at any time, knowingly use or occupy, or suffer or permit anyone to use or occupy, the Premises, or do or permit anything to be done in the Premises, in any manner that may (a) violate any Certificate of Occupancy for the Premises or the Property; (b) cause, or be liable to cause, injury to the Property or any equipment, facilities or systems therein; (c) constitute a violation of the laws and requirements of any public authority or the requirements of insurance bodies or the rules and regulations of the Property now in force or which may hereafter be in force, including, without limitation, any recorded covenant, condition or restriction affecting the Property; (d) obstruct or interfere with the rights of other tenants or occupants of the Building or other buildings located within the business park; or (e) exceed the load bearing capacity of the floor of the Premises as set forth in EXHIBIT B-2. In addition, Tenant shall not use the Premises, or allow the Premises to be used, for any purpose or in any manner which would invalidate any policy of insurance now or hereafter carried on the Building or increase the rate of premiums payable on any such insurance policy unless Tenant reimburses Landlord as Additional Rent for any increase in premiums charged. To Landlord's knowledge, the use of the Premises by Tenant for the Permitted Use will not invalidate the policy of insurance currently carried by Landlord with respect to the Building or increase the rate of premiums payable on such policy. If any items stored at the Premises create a nuisance, or otherwise unreasonably interfere with the rights or other tenants or occupants of the Building or other buildings located within the business park, upon written notice from Landlord, Tenant shall take such action as is necessary to cure the problem. If Tenant fails to cure said problem within a reasonable period of time under the circumstances, Landlord shall have the right, but not the obligation, to take such action as Landlord determines is necessary to cure such problem, and Tenant shall reimburse Landlord for all costs and expenses in connection therewith as Additional Rent. Landlord shall not be responsible to Tenant for the nonperformance by any other tenant or occupant of the Building of its lease or of any rules and regulations; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord will enforce all rules and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan regulations with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAuniformly.

Use of Premises. 6.1 Tenant shall use the Premises only solely for biomedical laboratory research, office (non-medical and general office non-governmental) and administrative services ancillary light assembly of electronic components purposes and for no other use or purpose. Except as specifically provided for in this Section 6, Landlord represents that the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of zoning regulations applicable to the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant Building and any other tenant whose use is addressed by covenants, conditions and restrictions appertaining to the communications plan. Except as permitted above, Tenant shall not allow any Building permit the use of the Premises which will negatively affect for the cost of coverage of Landlord’s insurance on uses specified in the Projectpreceding sentence. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on use the Premises except as authorized for any unlawful purpose, or in any manner that in Landlord's reasonable opinion will constitute waste or in any manner that will increase the number of parking spaces required for the Building or its full occupancy pursuant to present and permitted under Section 27 of this Lease. Except as permitted abovefuture laws (including the Americans with Disabilities Act), Tenant ordinances, regulations and orders (collectively "Laws"), Tenants shall not allow any use comply with all Laws concerning the use, occupancy and condition of the Premises which would unreasonably interfere and all machinery, equipment and furnishings therein. Landlord shall comply with any other tenant or with all Laws concerning the operation base building systems and the portions of the Project by Building (excluding the Premises) Landlord is required hereunder to maintain and repair. If any Law requires an occupancy or use permit for the Premises, then Tenant shall obtain and keep current such permit at Tenant's expense and promptly deliver a copy thereof to Landlord. Tenant shall not permit use the Premises in a manner that would (a) violate the terms of any nuisance occupancy or waste use permit, or (b) impair or interfere with any base building system or facility. 6.2 Tenant shall pay timely any business, rent or other tax or fee that is now or hereafter assessed or imposed upon Tenant's use or occupancy of the Premises, the conduct of Tenant's business in the Premises or allow any offensive noise Tenant's fixtures, furnishings, inventory or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenantpersonal property. If any governmental authority such tax or fee is imposed upon Landlord or Landlord is responsible for collection or payment thereof, then Tenant shall deem pay to Landlord the Premises amount of such tax or fee. 6.3 Notwithstanding anything to be a “place the contrary contained in this Lease, Landlord represents that to the best of public accommodation” its knowledge and belief, there are no Hazardous Materials on, in or under the Americans with Disabilities Land or Building. Landlord and Tenant shall not generate, use, release, store or dispose of any Hazardous Materials in or about the Building. Hazardous Materials mean (a) "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, (b) "hazardous substances" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (c) "toxic substances" as defined by the Toxic Substances Control Act, (d) "hazardous materials" as defined by the Hazardous Materials Transportation Act (“ADA”as any of such Acts may be amended from time to time), (e) or any other comparable law as a result of Tenant’s usepetroleum products, Tenant shall either modify its use to cause such authority to rescind its designation or (f) chlorofluorocarbons, and (g) substances whose presence could be responsible for any alterations, structural or otherwise, required to be made detrimental to the Building or hazardous to health or the Premises under environment. Hazardous Materials shall exclude reasonable quantities of customary office and cleaning supplies, provided such laws. If any governmental authority shall deem any portion items are stored, used and disposed of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply accordance with the ADALaws.

Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical) office purposes compatible with first-class office buildings in the jurisdiction in which the Building is located, and general office and administrative services and for no other use or purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable use or explosive liquids or materials to be kept on occupy the Premises except as authorized and permitted under Section 27 for any unlawful purpose, or in any manner that will violate the certificate of this Lease. Except as permitted above, Tenant shall not allow any use of occupancy for the Premises which would unreasonably interfere with or the Building or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or with the operation user of the Project Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as required by Landlordlaw. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonscomply with all present and future laws (including, Tenant and its employees shall have access to the Premises 24 hours per daywithout limitation, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (the “ADA”) and the regulations promulgated thereunder, as the same may be amended from time to time), ordinances (including without limitation, zoning ordinances and land use requirements), regulations, orders and recommendations (including, without limitation, those made by any public or private agency having authority over insurance rates) (collectively, “Laws”) concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all of which shall be complied with in a timely manner at Tenant’s sole expense. If any such Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events in the Complex outside of the Premises without Landlord’s written approval, which shall not be unreasonably withheld, delayed or conditioned. 6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Xxxxxx’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee. (a) Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored or disposed of in or about the Building, the Land, or the Complex, provided that Tenant may use and store reasonable quantities of standard cleaning materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises provided the same are handled, stored and disposed of in accordance with all Laws. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. “Hazardous Materials” means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other comparable law applicable Law as a result “hazardous substance,” “hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” “toxic pollutant” or any other formulation intended to define, list, or classify substances by reason of Tenant’s usedeleterious properties such as ignitability, Tenant shall either modify its use corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or by-product material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be detrimental to cause such authority the Building, the Land, or the Complex or hazardous to rescind its designation health or be responsible for the environment. “Environmental Law” means any alterationspresent and future Law and any amendments (whether common law, structural statute, rule, order, regulation or otherwise), required to be made permits and other requirements or guidelines of governmental authorities applicable to the Building or the Premises under such laws. If Land and relating to the environment and environmental conditions or to any governmental authority shall deem Hazardous Material (including, without limitation, CERCLA, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 33 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., and any portion of the Project (other than the Premises) to be a so-called “place of public accommodationSuper Fund” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost“Super Lien” law, any alterationsLaw requiring the filing of reports and notices relating to hazardous substances, structural environmental laws administered by the Environmental Protection Agency, and any similar state and local Laws, all amendments thereto and all regulations, orders, decisions, and decrees now or otherwisehereafter promulgated thereunder concerning the environment, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAindustrial hygiene or public health or safety).

Use of Premises. Tenant shall use 7.01 The Premises during the Premises only continuance of this Lease will be used and occupied for biomedical laboratory research, offices and general office and administrative services warehouse space and for no other purpose. Except as specifically provided for in this Section 6, purpose whatsoever without the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may of Landlord. Tenant agrees that it will not be unreasonably withheld, conditioned use or delayed by Landlord; provided, however, that permit any person to use the Premises or any part thereof for any use or purpose in no event shall any portion violation of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use laws of the PremisesUnited States, including any uses that may be deemed controversial. The reasonable costs to develop the laws, ordinances or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and other regulations of the State or municipality in which the Premises are located, or of any other tenant whose lawful authorities, or any building and use is addressed by the communications plan. Except as permitted aboverestrictions, Tenant shall not allow any use of or restrictive covenants, now or hereafter affecting the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projector any part thereof. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on use the Premises except so as authorized and permitted under Section 27 of to cause the cancellation of, or prevent the use of, the insurance policies required in this Lease. Except During the term hereof, Tenant will keep the Premises and every part thereof and all buildings at any time situated thereon in a clean and wholesome condition and generally will comply with all laws, ordinances, orders and regulations affecting the Premises and the cleanliness, safety, occupancy and use thereof. All signs and advertising displayed in and about the Premises will be such only as to advertise the business carried on upon the Premises and Landlord will control the location, character and size thereof. No external signs will be displayed except as approved in writing by Landlord, and no awning will be installed or used on the exterior of the building unless approved in writing by Landlord. Any and all permitted abovesigns shall be installed, maintained and removed by Tenant at Tenant's sole expense. 7.02 Tenant shall not allow any use discharge, release, generate, treat, store, dispose of or deposit in, on or under the Premises, or permit to be discharged, released, generated, treated, stored, disposed of or deposited in, on or under the Premises, and during the term hereof the Premises which would unreasonably interfere with shall be free of and will not be contaminated by any "toxic or hazardous substance", asbestos, urea formaldehyde insulation, PCB's, radioactive materials, flammable explosives or any other tenant hazardous or with contaminated substance (collectively "Hazardous Materials") prohibited, limited or regulated under the operation of Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") or under any other applicable federal, state or local statutes, regulations or ordinances (collectively the Project by Landlord. "Environmental Laws"), and Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises agrees to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant indemnify and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with hold Landlord harmless from and against any and all applicable provisions of the April 29claims, 2002 Transportation Management Planliabilities, a copy of which has been supplied damages, fines, penalties, costs and expenses (including attorney fees) incurred by Landlord relating to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law arising as a result of Tenant’s use's breach of this representation and warranty, including, without limitation, clean-up costs and future response costs under CERCLA or other environmental laws, and such obligations shall survive termination of this Lease. Tenant, at Tenant's sole cost and expense, shall be responsible for obtaining all permits, licenses or approvals under Environmental Laws necessary for Tenant's operation of its business on the premises and shall make all notifications and registrations required by any applicable Environmental Laws. Tenant shall at all times comply with such permits, licenses, approvals, notifications and registrations. 7.03 Within thirty (30) days of the Commencement Date and, thereafter upon the reasonable request of Landlord or its lender from time to time, but not more frequently than once every twelve months unless required of any of the parties by any applicable law or governmental authority, Tenant shall either modify its use furnish Landlord a list of all Hazardous Materials used or stored on the Premises. Tenant further agrees to cause such authority keep Landlord reasonably informed of any investigations by regulatory agencies of hazardous materials on the Premises. Landlord shall have the right, but not the obligation, to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or enter the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) at reasonable times, after prior written notice to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the ProjectTenant, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in inspect the Premises shall comply for Tenant's compliance with the ADAEnvironmental Laws if in Landlord's sole discretion there exists reasonable cause to inspect.

Use of Premises. Tenant ROGUE WAVE shall use the Premises only for biomedical laboratory research, and general premises during the term of this Lease as a business office and administrative services and for no other purposepurpose whatsoever without OSU's written consent. Except as specifically provided for in this Section 6ROGUE WAVE shall conform to all applicable laws and regulations of any public authority affecting the premises and the use, the Premises and correct, at ROGUE WAVE's own expense, any failure of compliance created through ROGUE WAVE's fault or by reason of ROGUE WAVE's use, but ROGUE WAVE shall not be used required to make any structural changes to effect such compliance unless such changes are required because of ROGUE WAVE's specific use. ROGUE WAVE shall refrain from any activity that would make it impossible to insure the premises against casualty, would increase the insurance rate, or would prevent OSU from taking advantage of any ruling of the Oregon Insurance Rating Bureau, or its successor, allowing OSU to obtain reduced premium rates for long-term fire insurance policies, unless ROGUE WAVE pays the additional cost of the insurance. ROGUE WAVE shall refrain from any use that would be reasonably offensive to other purpose owners or users of neighboring premises or that would tend to create a nuisance or damage the reputation of the premises. ROGUE WAVE shall refrain from loading the electrical system or floors beyond the point considered safe by a competent engineer or architect selected by OSU. ROGUE WAVE shall refrain from making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the premises without Landlord’s prior the written consent which of OSU. Such consent may is not to be unreasonably withheld. ROGUE WAVE shall not cause or permit any hazardous substance to be spilled, conditioned leaked, disposed of, or delayed by Landlord; provided, however, that otherwise released on or under the premises. ROGUE WAVE may use or otherwise handle on the premises only those hazardous substances typically used or sold in no event shall any portion the prudent and safe operation of the Premises be used for a vivarium for animals larger than rodentsbusiness. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that ROGUE WAVE may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any store such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance hazardous substances on the Projectpremises only in quantities necessary to satisfy ROGUE WAVE's reasonably anticipated needs. Tenant ROGUE WAVE shall not allow any inflammable comply with all environmental laws and exercise the highest degree of care in the use, handling, and storage of hazardous substances and shall take all practicable measures to minimize the quantity and toxicity of hazardous substances used, handled, or explosive liquids or materials to be kept stored on the Premises except as authorized and permitted under Section 27 premises. Upon the expiration or termination of this Lease, ROGUE WAVE shall remove all hazardous substances from the premises. Except The term Environmental Law shall mean any federal, state, or local statute, regulation, or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term hazardous substance shall mean any hazardous, toxic, infectious or radioactive substance, waste, and material as permitted abovedefined or listed by any law, Tenant rule, regulation or ordinance and shall include, without limitation, petroleum oil and its fractions. This paragraph shall not allow apply to preexisting conditions prior to May 1, 1996. ROGUE WAVE shall not make any unlawful use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant said premises; shall not permit any nuisance or waste upon the Premises or allow any offensive objectionable noise or odor to escape or be omitted from the premises or do anything or permit anything to be done upon or about said premises in any way tending to create a nuisance; shall not sell or around permit to be sold any liquor on said premises. ROGUE WAVE shall, at its own expense, comply with all laws and regulations of any municipal, county, state, federal or other public authority respecting the Premises to emanate outside use of the Premisesleased premises. Subject to events beyond Landlord’s control or for safety or health reasonsOSU shall at its expense, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, comply with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and regulations with respect to its maintenance and other obligations under this Lease. ROGUE WAVE shall not use the Master Use Permit outside walls of said premises, or other land use permits for the Project, Landlord shall be responsible for, at its cost, allow signs or devices of any alterations, structural or otherwise, required kind to be made to attached thereto or suspended therefrom, for advertising or display the Building (other than name of the Premises) under such lawsbusiness without the prior written consent of OSU. Landlord agrees that Landlord’s Work in the Premises shall comply Consent will not be unreasonably withheld so long as ROGUE WAVE complies with the ADACity of Corvallis sign ordinances.

Use of Premises. Tenant The Premises shall use be used for the Premises only for biomedical laboratory research, and general office and administrative services Use set forth in the Basic Lease Provisions and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without LandlordXxxxxxxx’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of consent. In connection with the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use Use of the Premises, including Tenant shall: (a) Conform to all applicable laws and regulations of any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by public authority affecting the Premises and the Use thereof, and correct at Tenant; provided that ’s own expense any such costs shall failure of compliance. (b) Refrain from any activity which would be reasonably allocated between Tenant and any other tenant whose use is addressed by offensive to Landlord or to owners or users of adjoining property, or which would tend to create a nuisance or damage the communications plan. Except as permitted above, Tenant shall not allow any use reputation of the Premises which will negatively affect Premises. Without limiting the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use generality of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. foregoing, Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive objectionable noise or odor in to escape or around be emitted from the Premises. (c) Refrain from loading the floors beyond their designed capacity and the point considered safe by a competent engineer or architect selected by Landlord. (d) Refrain from making any marks or attaching any sign, insignia, antenna, aerial 9044.051 Five Oaks Office Lease to Credence Lot 2 v2 or other device (collectively “Signs”) to the exterior or interior walls, windows or roof of the Premises without the written consent of the Landlord. Landlord hereby consents to emanate outside the existing Signs. Notwithstanding Landlord’s consent to any Signs, Tenant may remove all such Signs upon termination of this Lease and, if removed, repair any and all damage to the Premises caused thereby at Tenant’s own cost and expense, including but not limited to, restoring the area under and/or around any such removed sign to the same condition as the remainder of the exterior of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Landlord hereby approves Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAexisting signs.

Use of Premises. Tenant shall may use the Premises only solely for biomedical laboratory researchgeneral office, research and development and other legal uses (the “Acceptable Uses”). Notwithstanding the foregoing, Tenant understands and acknowledges that use of the Premises is ultimately limited by, among other things, applicable Laws (as defined below), specifically including, without limitation, zoning ordinances of the City of Palo Alto, and general office Landlord makes no representation or warranty with regard to whether any prospective use of the Premises (including, without limitation, the Acceptable Uses) is permitted under applicable Laws. Tenant shall be responsible, at its sole cost and administrative services expense, for obtaining all permits and/or other approvals that may be required by the City of Palo Alto or other governmental agencies with respect to Tenant’s use of, and/or Tenant’s business operations to be conducted in the Premises. Landlord nonetheless consents to use of the Premises solely for the Acceptable Uses (and for no other purposeuses whatsoever), subject to compliance by Tenant with all applicable Laws and with the other provisions of this Lease. Except as specifically provided for in this Section 6If Tenant’s use requires a conditional use permit, the Premises shall not be used for any other purpose without upon Landlord’s prior written consent which consent may not be unreasonably withheldrequest from time to time, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and immediately provide Landlord with evidence reasonably acceptable to Landlord that Tenant’s use of the Premises, including any uses that may be deemed controversialPremises complies with applicable Laws. The reasonable costs to develop Notwithstanding the foregoing or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose provision of this Lease to the contrary, Tenant further covenants and agrees that it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use is addressed or purpose contrary to the provisions of Exhibit D (or any reasonable modifications thereto of which Tenant has notice), attached hereto, or in violation of the laws, statutes, regulations, rules and policies of the United States of America, the state of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Building, including, without limitation, the ordinances, regulations, rules, requirements and other Laws of the City (collectively, “Laws”). Without limiting the foregoing, in connection with any Alterations made by or for Tenant, promptly after completing the communications plan. Except as permitted aboveAlterations and receipt of the final permit signoff from the City, Tenant shall not allow any use apply for, diligently pursue, and obtain from the City within thirty (30) days after final permit signoff a permanent certificate of occupancy if applicable. Tenant shall comply with all recorded covenants, conditions, and restrictions, and the provisions of all ground or underlying leases, now or hereafter affecting the Building. Tenant shall at all times maintain the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectin a clean, neat, sanitary and orderly condition. Tenant shall not allow any inflammable do or explosive liquids or materials permit to be kept on done in or about the Premises except as authorized and permitted under Section 27 or the Real Property, or bring or keep or permit to be brought or kept in or about the Premises or the Real Property, anything which is prohibited by or will in any way increase the existing rate of this Lease(or otherwise affect) fire or any insurance covering the Premises or the Real Property or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Premises or the Real Property or any part thereof, or any of its contents. Except as permitted above, Tenant shall not allow do or permit to be done anything in, on or about the Premises or the Real Property which will in any use way obstruct or interfere with the rights of other tenants or occupants of the Building or neighboring premises or injure or annoy them, or use or allow the Premises which would unreasonably interfere with to be used for any other tenant unlawful or with objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the operation of the Project by LandlordPremises. Tenant shall not permit occupancy levels in the Premises in violation of Laws. No sale by auction shall be permitted on the Premises. Tenant shall not place any nuisance loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to Building in which the Premises 24 hours per dayare a part, 7 days a weekexcept in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises not place anything or allow anything to be a “place placed near the glass of public accommodation” under the Americans with Disabilities Act (“ADA”) any window, door partition or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than wall which may appear unsightly from outside the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit . No loudspeaker or other land use permits for the Projectdevice, Landlord shall system or apparatus which can be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. All noise generated by Tenant in its use of the Premises shall be confined or muffled so that it does not unreasonably interfere with the businesses of or unreasonably annoy the occupants and/or users of other properties or premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law with which Tenant is obligated to comply under the ADAterms of this Lease.

Use of Premises. Tenant shall 2.1 XXXXXX agrees to use the Premises only for biomedical laboratory researchthe purpose of constructing, installing, maintaining, repairing, replacing, and general office operating at its own expense, a communications monopole tower facility of a height of 190’. LESSEE shall, as consideration for the payment of rent, have the right to erect a monopole, place their equipment at an approximate height of 165’feet, and administrative services sublet to other tenants. The LESSEE shall design the monopole to accommodate at least two additional commercial wireless collocations as well as governmental uses as depicted in Exhibit B. 2.2 All of LESSEE’S equipment or other property attached to or otherwise brought onto the Premises shall, at all times, remain personal property of the LESSEE and are not considered fixtures, and at LESEE’S option, may be removed by LESSEE at any time during the term hereof or any renewal terms. LESSEE shall maintain the area within the leased Premises. 2.3 Upon expiration or termination of this Lease, LESSEE shall remove all of LESSEE’S equipment and agrees to repair any damage to the Property or Premises caused by LESSEE during the term of the Lease, including the removal of LESSEE’S equipment, ordinary wear and tear and damage from the elements excepted. 2.4 In connection therewith, LESSEE shall have the right, at its sole cost and expense, to obtain electrical and telephone service from the servicing utility company, including the right to install a separate meter and main breaker, where required. LESSEE shall be responsible for no the electricity it consumes for its operations at the rate charged by the servicing utility company. 2.5 No signage shall be placed on the premises, antenna, equipment or improvements without the express written consent of the LESSOR, unless required by the Federal Communication Commission or other purpose. Except as specifically provided for in this Section 6Federal, State or local governmental authority exercising jurisdiction over the Property, the Premises or LESSEE’S installation. 2.6 LESSEE shall have the right to use whatever measures it deems reasonably appropriate to construct the telecommunications facility and antennas, and to install its related equipment, provided that it is in compliance with all applicable laws and regulations and subject to prior review and approval by the Municipal Engineer and the Township’s Telecommunications Consultant, or other such professionals on staff or under contract to the LESSOR. LESSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided that subject replacement does not be used increase or require increased tower or ground space for the LESSEE. 2.7 XXXXXX agrees to cooperate with XXXXXX, at XXXXXX’S expense, in making application for and obtaining any permits and any other purpose without Landlord’s prior written consent outside approvals which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s required to allow LESSEE use of the Premises. LESSEE shall employ due diligence to obtain such approvals within a timely fashion. If, including any uses that may be deemed controversial. The reasonable costs however, LESSEE is denied a required approval, or is unable to develop or implement a communications plan obtain approvals thus making the Premises unsuitable and render LESSEE unable to utilize the Premises, LESSEE shall have the exclusive right to terminate this Lease within its sole discretion, and no further liabilities under this Lease shall remain in force and effect, including, but not limited to, the payment of rent, except with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of returning the Premises which will negatively affect and Property in substantially the cost of coverage of Landlord’s insurance on same condition as existed prior to the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 commencement date of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees . 2.8 LESSEE shall have access the right to run transmission lines from the equipment area to the Premises 24 hours per dayantenna location and to run power from the main feed to the Installation, which improvements shall be at LESSEE’S sole cost and expense. Further, XXXXXX agrees to perform all improvements in a safe, good and workmanlike manner. 2.9 LESSEE shall have the non-exclusive right of ingress and egress from a public right-of-way, 7 days a week, 24 hours a day, over the Property to and from the Premises for the purpose of installation, operation and maintenance of LESSEE’s communications equipment over or along a 15, foot wide right-of-way (“Easement”), which shall be depicted on Exhibit “A”. Tenant LESSEE may use the Easement for the installation, operation and maintenance of wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services. In the event it is necessary, XXXXXX agrees to grant LESSEE or the provider the right to install such services on, through, over and/or under the Property, provided the location of such services shall complybe reasonably approved by LESSOR. Notwithstanding anything to the contrary, the Premises shall include such additional space sufficient for LESSEE’s radio frequency signage and/or barricades as are necessary to ensure LESSEE’s compliance with Laws (as defined in Paragraph 2.5). 2.10 XXXXXX agrees to allow LESSEE to make all necessary and appropriate alterations to the Property in order to accomplish the above improvements. LESSEE shall prepare plans and specifications (“Plans”), which Plans shall be submitted to the Township’s Municipal Engineer and to the Construction Official and Subcode Officials in the Township’s Construction Office for review and issuance of a building permit, not to be unreasonably withheld or delayed. LESSOR may request reasonable modification of the Plans which requested modifications shall not impede XXXXXX’S intended use of the Property as a telecommunication facility. LESSEE acknowledges that its plans and proposed installation shall be subject to the review and approval of Township’s Municipal Engineer, Construction Official, and Subcode Officials and the Township’s Telecommunications Consultant. (“Reviewing Parties”). After acceptance of any Plans by XXXXXX, then the Plans shall become binding. When they are deemed approved, the Plans shall be incorporated in the Lease as Exhibit “B”. 2.11 LESSEE shall have the right, at Tenantits own expense, to erect, construct or make any reasonable improvements, alterations or additions upon or to the Premises required by LESSEE’S use according to XXXXXX’S Plans as shown on Exhibit “B” when approval is granted, as provided herein, provided XXXXXX agrees to such improvements, alteration or additions, and they do not interfere with XXXXXX’s costuse of the Property and Premises. If LESSEE wishes to make subsequent improvements, alterations or additions, LESSEE shall obtain LESSOR’s consent, not to be unreasonably withheld or delayed (and in no event delayed beyond twenty (20) days), upon submission of new Plans to LESSOR, which shall still be subject to administrative review by the Township’s Reviewing Parties, provided such subsequent improvements do not interfere with any XXXXXX’s use of the Property and all applicable Premises or violate the provisions of paragraph 4, below. 2.12 LESSOR acknowledges that all Plans are the April 29sole property of XXXXXX, 2002 Transportation Management Planwhich may incorporate trade secrets or other confidential material and they are provided to LESSOR in confidence. LESSOR shall not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Lease or as required by law and shall return the Plans to LESSEE promptly upon request. 2.13 Notwithstanding anything in the Lease, a copy LESSOR shall have the right to use the monopole on the Premises for its radio communications purposes and operations. In no event shall LESSEE’S permitted activities in connection with its construction, installation and use of which has been supplied to Tenantthe Premises interfere with the radio communications and operations of the LESSOR. The Lessor’s use of the monopole shall consist of the aerial space at and above 175’ for its primary radio communications as well as space at the 120’ level for the use of point-to-point communications. 2.14 No construction liens shall be placed on the Property or the Premises. If any governmental authority shall deem such liens are placed on the Property or the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s useconstruction, Tenant work, repair or maintenance by the LESSEE, LESSEE shall either modify its use to cause discharge such authority to rescind its designation liens or be responsible for any alterations, structural or otherwise, shall post a bond in the amount required to be made to cover such liens within thirty (30) days after the Building or the Premises under such laws. If any governmental authority shall deem any portion placement of the Project (lien on the Property or Premises. 2.15 LESSEE shall have the right to Sublease the tower to other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result wireless carrier tenants at market rates, provided LESSOR shall receive twenty five percent of the uses permitted under applicable laws and the Master Use Permit or other land use permits gross rental income from such tenants, on a monthly basis as “Additional Rent” from LESSEE, including annual increases in rent for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtenants.

Use of Premises. Tenant shall use the Premises only for biomedical laboratory researchgeneral office purposes, and general office shall, at Tenant’s own expense, comply with all laws, statutes, ordinances, regulations, rules and administrative services orders of all governmental bodies and for no other purposeauthorities relating to such use. Except as specifically provided for in this Section 6Tenant shall not, without the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldof Landlord, conditioned make any alterations, additions or delayed by Landlord; providedimprovements in or about the Premises, however, that in no event nor shall any portion of Tenant use the Premises be used for a vivarium any illegal purpose, or create or allow to exist any nuisance or trespass, or do any act in or about the Premises, or bring anything onto, in or about the Premises which will in any way increase the premiums for animals larger than rodents. At either’s requestinsurance on the Premises, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use Building, or the Office Complex, or deface or injure the Premises or the Building, or overload the floor of the Premises, including or overload the heating, air conditioning or electrical systems 4 subject to the completion of any uses that may be deemed controversial. The “punchlist” items of which Tenant has notified Landlord in writing, 5 and, except in cases of emergency, with reasonable costs notice to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid Tenant, 6 If the Premises are not ready for occupancy for reasons reasonably under Landlord’s control by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted aboveDecember 31, 1998, Tenant shall not allow any use have the right to notify Landlord of its intention to cancel this Lease, such cancellation to be effective thirty (30) days following Landlord’s receipt of said notice, if the Premises which will negatively affect the cost are not ready for occupancy by such date of coverage of Landlord’s insurance on the Projectcancellation. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on If the Premises except as authorized and permitted under Section 27 are ready for occupancy within said thirty (30) day period, Tenant’s cancellation shall be deemed of this Leaseno force or effect. Except as permitted above, Tenant shall not allow any use of If the Premises which would unreasonably interfere with any other tenant are not ready for occupancy following the expiration of said thirty (30) day period this Lease shall be considered cancelled and of no further force or with the operation of the Project by Landlordeffect. Tenant shall not permit any nuisance or waste upon serving the Premises or allow any offensive noise the Building, or odor conduct its business in or around the Premises such a manner as to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any disturb other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to tenants within the Building or Office Complex. Tenant agrees not to abandon or vacate the Premises under such laws. If any governmental authority shall deem any portion during the Lease Term, and Tenant agrees to use the Premises for the purposes herein leased until the expiration of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such lawsLease Term. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.7

Use of Premises. Tenant shall use the The Leased Premises may be used and occupied only for biomedical laboratory researchCOMPUTER ON-LINE SALES, and general office and administrative services SERVICE AND SIMILAR OFFICE USE and for no other purposepurpose or purposes, without LESSOR'S prior written consent. Except LESSEE shall promptly comply with all laws, ordinances, orders and regulations affecting, the Leased Premises and their cleanliness, safety, occupation and use. LESSEE shall not do or permit anything to be done in or about the Leased Premises, or bring to keep anything in the Leased Premises that will in any way increase the fire insurance upon the Building. LESSEE will not perform any act to or carryon any practice that may injure the Building or be a nuisance or menace or permit any outside storage on or about the Leased Premises. It is understood and agreed by Lessee that this Lease contains no restrictive covenants for exclusive use rights in favor of LESSEE. (7) ENTRY BY LESSOR: LESSOR and its authorized representative shall have the right to enter tile Leased Premises at all reasonable times upon 24 hours notice for any of the following purposes: (a) to determine whether the Leased Premises are in good condition and whether LESSEE is complying with its obligations under this Lease; (b) to do any necessary maintenance or make any restoration to the Leased Premises that LESSOR has the right or obligation to perform; (c) to serve, post or keep posted any notices required or allowed under the provisions of this Lease; (d) to post "for sale" signs at any time during the term, to post "for rent" or "for Lease" signs during the last six months of the term or during any period while LESSEE is in default; (e) to show the Leased Premises to prospective brokers, agents, buyers, lessees, or persons interested in an exchange, at any time during the term; (f) to shore up the Building or to erect scaffolding and protective barricades and to do any other act or thing necessary for the safety or the preservation of the Leased Premises. LESSOR may enter the Leased Premises at any time, without notice, in the event of an actual or believed emergency. LESSOR shall at all times have and retain a key with which to unlock all of the doors at the Leased Premises, excluding LESSEE'S vaults and safes, and LESSOR shall have the right to use any and all means which LESSOR may deem proper to open said doors in an emergency in order to obtain entry to the Leased Premises. Any entry to the Leased Premises by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Leased Premises, or an eviction of LESSEE from the Leased Premises or any portion thereof. LESSOR shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising out of LESSOR's entry in the Leased Premises as specifically provided for in this Section 67, except damage resulting from the Premises active negligence for willful misconduct of LESSOR or its authorized representatives. LESSOR shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldconduct its activities on the Leased Premises, conditioned as allowed in this Section 7, in a reasonable manner and attempt to cause the least possible inconvenience annoyance or delayed by Landlord; provided, however, that in no event shall any portion disturbance to LESSEE. (8) COMMON AREAS DEFINED: The term "Common Areas"' means all areas and facilities outside the premises of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord other LESSEES and Tenant shall cooperate within the exterior boundaries of 0000 XXXXX XXXXXXX XXXXXXXXX that are provided and assist each other in developing and implementing a communications plan designated by LESSOR from time to time for the Project general use and Tenant’s use convenience of LESSEE and of the Premises, including any uses that may be deemed controversialother LESSEES of 0000 XXXXX XXXXXXX XXXXXXXXX and their respective employees and invitees. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial Common Areas shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant include, without limitation, pedestrian walkways and any other tenant whose use is addressed by the communications planpatios, landscaped areas, sidewalks, service corridors, restrooms, stairways, loading, areas and parking, areas. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees LESSOR shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.right to: 133

Use of Premises. a) Tenant may only use the Premises for an office or laboratory in accordance with the terms hereof and the rules and regulations now or hereafter adopted by Landlord for the Incubator. b) Tenant agrees to keep the Premises in good order and condition during the term of this agreement. c) Tenant shall use the Premises only for biomedical laboratory researchin connection with the Tenant's business; as such business was described and presented to the Executive Director, or the Incubator Selection and general office and administrative services Review Committee, and for no other purpose. Except business without Landlord's prior, written consent. d) Tenant specifically agrees not to hold itself out as specifically provided for representing the State of New York, The State University of New York, or SBU in connection with the use of State-owned property to which this Section 6Lease relates, nor shall the name of the State of New York, the Premises shall not State University of New York, or SBU be used by Tenant for any other purpose without prior, specific written approval of the party whose name is to be used. e) Tenant shall meet with Landlord & ISRC at least annually, at a time determined by Landlord’s prior written consent which consent , for the purpose of reviewing the Tenant's business plan or part thereof and compare the proposed plan of action against reality. Should the Tenant fail to develop a business plan or equivalent the lease may not be unreasonably withheldrenewed. f) Tenant will contract through the Research Foundation of the State University of New York, conditioned hereinafter referred to as the "Foundation", for any business and research-related tasks to be performed by faculty or delayed staff of SBU utilizing University facilities. Faculty and staff are permitted to consult with Tenant in accordance with the SUNY Policy (Title J. Patents, Inventions and Copyright Policy, furnished upon request); described in SUNY Policies of the Board of Trustees, 2006 (amended July 26, 2006), and also described by Landlord; provided, however, that the SBU Office of Technology Licensing and Industry Relations. g) Tenant may seek and submit proposals for collaborative efforts and joint ventures to Economic Development Groups at SBU for mutual benefit. Accepted proposals will be administered by separate contracts which shall in no event shall way diminish or change any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 provision of this Lease. Except as permitted above, The failure of Tenant shall not allow to fulfill its obligations herewith or the breach of any use of the Premises which would unreasonably interfere terms hereof or any misrepresentation made by Tenant in connection with any other tenant or with the operation of the Project by Landlord. Tenant this Lease shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant constitute a default hereunder and its employees Landlord shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall complyright, at Tenant’s costits option, with to terminate this Lease, in addition to any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied other remedies and rights available to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws it in equality and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAlaw.

Use of Premises. Tenant shall use the Premises only as a school or educational facility, including any related activities in furtherance thereof, including food concessions and dining facilities (but for biomedical laboratory researchuse only by Tenant's students, guests, and employees, and not by the general public), book stores (open only to Tenant's students, guests, and employees, and not to the general public), classrooms and training facilities, and for general office and administrative services office purposes, all of the foregoing uses subject always to Legal Requirements, and for no other purposeuse. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s 's insurance on the Project. Except as otherwise permitted pursuant to the provisions of Section 28 below, Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this LeasePremises. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably cause the value or utility of any part of the Premises to diminish or would interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises Premises, or allow any offensive noise or odor in or around the Premises. Pursuant to the provisions of Special Stipulation 31 of Appendix F to this Lease, Appendix C, and Appendix J, Landlord is required to complete the Base Building and Parking Deck in compliance with Legal Requirements, including the Americans with Disabilities Act as it applies to the Base Building (but not as to the Initial Improvements), taking into account in the Base Building design that the Premises to emanate outside will be a "place of public accommodation" under the Americans with Disabilities Act. The allocation between Landlord and Tenant of the Premises. Subject cost to events beyond Landlord’s control or for safety or health reasons, Tenant construct the Base Building is set forth in Appendixes C and its employees shall have access J. Provided that Landlord has complied with such obligation with respect to the Premises 24 hours per dayBase Building and Parking Deck, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If if any governmental authority shall deem the Premises to be a “"place of public accommodation” " under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s 's use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.

Use of Premises. Tenant shall A. The following definitions apply to the three classes of AXXX Lessees. The classification of this Lease is designated on the cover page hereto: Class G - Lessee’s allowable use of Premises is limited to general research, development and testing not routinely involving the use of chemicals or the handling or generation of chemical or dangerous wastes or causing environmental hazards. Certain materials that are incidental to Lessees activities but have specific handling and disposal requirements (such as lubricants and solvents) will be identified by the parties and subjected to applicable AXXX policies, protocols and procedures. Class W - Lessee’s allowable use of Premises includes Class G activities, plus the routine handling and disposal of limited volumes of chemicals and hazardous materials in solid, liquid or gaseous forms. Class R - Lessee’s allowable use of Premises includes Class W activities, plus the handling and disposal of such volumes of dangerous wastes that the Lessee’s activities are subject to the requirements of the AXXX special RCRA./RD&D permit. B. Lessee agrees that the Premises only are to be used for biomedical laboratory researchapproved purposes only, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s the prior written consent which consent may of the Lessor. Lessee shall not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion allow use of the Premises in a manner inconsistent with those approved purposes. Lessee acknowledges that engaging in activities upon the Premises which are in any way inconsistent with approved purposes, or in any manner increase Lessor’s insurance premiums, or which are determined to be used for a vivarium for animals larger than rodentsillegal, shall constitute breach of this Lease. At either’s requestLessee further agrees to notify Lessor immediately upon identification of any condition or event that is inconsistent with the following approved purposes: Approved Purposes: Fabricating and testing encapsulated specimens. Lessee shall comply with all local, Landlord state and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenantfederal laws, rules, orders, regulations or requirements relating to Lessee’s use and occupancy of the Premises, including or any uses aspect of Lessee’s performance of its obligations under this Lease. Lessee shall indemnify and hold the Lessor harmless from all liability resulting from any violation thereof by the Lessee or any of its agents, officers, employees, subcontractors or invitees. C. Exhibit B sets forth by reference AXXX policies, protocols and procedures and related documents for which Lessee must be in compliance while conducting activities on the Premises. Lessee acknowledges that may be deemed controversial. The reasonable costs to develop or implement a communications plan all documents referenced in Exhibit B have been provided, and the limitations and responsibilities of the Lessee with respect to a Tenant use those documents are understood. Lessee commits to Lessor that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use all activities of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept Lessee, its agents, officers, employees, subcontractors, licensees, and invitees conducted on the Premises except shall be in full compliance with the requirements set forth in this Lease, including those documents applicable to Lessee’s activities as authorized identified in Exhibit B, and permitted under Section 27 to additions and updates to those documents that are provided in writing to the Lessee by the Lessor from time to time during the term of this Lease. Except Lessee further commits that all training and qualification requirements identified by the AXXX Facility Director, as permitted aboveapplicable, Tenant shall not allow any use will be in place and maintained current during the conduct of approved activities per the Premises which would unreasonably interfere with any other tenant or terms of this Lease. D. Lessee agrees to comply with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste Operating Agreement, Exhibit C, and to post said agreement in a prominent place upon the Premises or allow any offensive noise or odor and ensure that all Lessee employees, subcontractors and invitees are familiar with the terms of that agreement. E. Lessee agrees to reasonably cooperate with other AXXX tenants and AXXX management in or around coordinating test schedules, pooling inventories and sharing inventory in order to comply with permit related limits and in order to reduce the Premises to emanate outside amount of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, space required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” activated under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord various permits. F. Lessee shall be responsible for, at its cost, to pay any alterations, structural fines or otherwise, required penalties levied by any entity with jurisdictional authority over AXXX for which Lessee is determined to be made responsible. If the Parties are unable to agree on responsibility, the Building (other than Parties will proceed to resolve their disagreement per Article 26, “Disputes”. G. Lessee shall ensure that the Premises) under such lawsfollowing prohibited articles are not brought onto the AXXX property and/or into the facility: firearms, non-prescriptive controlled drugs, alcoholic beverages. Landlord agrees that Landlord’s Work in the Premises shall Failure to comply with the ADAterms of this Article 5 shall be grounds for default as set forth in Article 27, “Default”. See also Article 23, “Inspection of Premises”, which defines Lessor’s right to inspect the Premises for compliance with this Article 5.

Use of Premises. Tenant The Premises shall use the Premises only for biomedical laboratory research, be used and general office occupied solely by Tenants and administrative services and for no other purpose. Except as specifically provided for in this Section 6, part of the Premises shall not be used at any time during the term of this South Carolina Lease Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for than as a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectprivate residential dwelling. Tenant shall not allow any inflammable other person, other than Xxxxxx's immediate family or explosive liquids transient relatives and friends who are guests of Tenant, to use or materials to be kept on occupy the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by without first obtaining Landlord's written consent to such use. Tenant shall not permit comply with any nuisance and all laws, ordinances, rules and orders of any and all governmental or waste upon quasi-governmental authorities affecting the Premises or allow any offensive noise or odor in or around the Premises to emanate outside cleanliness, use, occupancy and preservation of the Premises. Subject Only those persons designated in this Lease or as further modified and agreed to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees in writing by LANDLORD shall have access to reside in the Premises 24 hours per dayFor the purposes of this Lease, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied persons authorized to Tenant. If any governmental authority shall deem occupy the Premises are: TENANT NAME(S) In no event shall more than 3 unrelated persons occupy the premises. It is the tenant's responsibility, not landlord's, to ensure that this zoning law is upheld. For the purposes of this Lease “occupy” shall be a “place deemed to mean more than seven (7) days (whether consecutive or sporadic) of public accommodation” under living in the Americans with Disabilities Act (“ADA”) Premises within any calendar month. This provision is applicable to all persons whether classified as residents or guests. No trailer, boat, camper, automobile or any other comparable law vehicle shall be allowed to park on the Premises or any part of the property of which the Premises is a part without the written consent of Landlord. There is no parking allowed on the premises or parking spots guaranteed by the landlord unless specified in the Xxxxx Rentals Parking Addendum. Any vehicle not registered with the landlord as a result of Tenant’s use, per the Parking Addendum and not displaying the decal OR without current registration tag and license are subject to towing and Tenant shall either modify its use to cause be held liable for all costs for such authority to rescind its designation or be responsible for removal and storage. Tenants do not have any alterations, structural or otherwise, required to be made rights to the Building or parking lot except if authorization to park their vehicles as allowed by the Premises under such lawsParking Addendum and if their vehicle is registered properly. If Tenants agree to abide by the City of Columbia parking rules and regulations. There is no guest parking on the premises at any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtime.

Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not improvements thereon may be used for any other purpose without Landlord’s design, construction and establishment of a community center delivering social services including senior and inter-generational programs. Other uses shall be subject to prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion Landlord approval. Term: The Term of the Premises Lease shall be used for thirty (30) years as further described below: Base Rent: $1/year for the Term of the Lease Other Rent: Commercial Activities as specified in the Lease shall be subject to prior Landlord approval. With its approval, the Landlord may assess Other Rent as a vivarium percentage of gross receipts from the Commercial Activity on a case-by-case basis. For the purposes of the Lease, Commercial Activities as specified shall EXCLUDE, program fees charged for animals larger than rodentscost recovery and donation/fundraising activities. At either’s request, Landlord and Operating Expenses: Tenant shall cooperate be responsible for all operating expenses including, but not limited to, maintenance (trash removal, landscaping, janitorial, etc.), utilities (water, sewer, electricity, etc.), insurance, and assist each other in developing and implementing a communications plan for the Project and taxes. Insurance: Xxxxxx agrees that Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s costsole cost and expense, with any will procure and all applicable provisions maintain commercial general liability insurance, commercial property and such other insurance coverage in the types and amounts specified by HCDA, naming the Hawaii Community Development Authority and State of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to TenantHawaii as additional insureds. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Improvements: Tenant shall either modify its use to cause such authority to rescind its designation or will be responsible for any alterations, structural or otherwise, all required to be made permitting and approvals for improvements to the Building or premises including but not limited to building and grading permits from the Premises under such lawsDepartment of Planning and Permitting. If Tenant shall also be responsible for obtaining all subsequent relevant regulatory approvals including but not limited to planning and development permits from the HCDA, special use Special Conditions: Archaeological Inventory Survey (AIS). The HCDA will prepare an AIS which will address any governmental authority shall deem any portion of archaeological resources for the Project (other than 1900 Pump Station renovation. This AIS specifically does not include actions contemplated on the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws Historic Screen House and the Master 1940 Pump Station. The Tenant and its contractors shall not proceed with site work or underground utility work on the 1900 Pump Station, until an archaeological clearance has been issued by SHPD. Special Management Area (SMA) Permit. Tenant understands that an SMA Use Permit or other land use permits Approval for the Project1900 Pump Station renovation has been issued by the OP, Landlord shall be responsible forand is dated May 1, at its cost, any alterations, structural or otherwise, required to be made to 2015. This SMA Use Approval specifically does not include actions contemplated on the Building (other than Historic Screen House and the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA1940 Pump Station.

Use of Premises. Tenant shall agrees that it will use and occupy the Leased --------------- Premises only solely for biomedical laboratory research, and general office and administrative services and for no other purposestorage purposes. Except as specifically provided for in this Section 6, Tenant will not use or occupy the Leased Premises shall not be used for any other unlawful purpose without Landlord’s prior written consent which consent may not be unreasonably withheldand will comply with all present and future laws, conditioned or delayed by Landlord; providedordinances, however, that in no event shall any portion regulations and orders of all governmental units having jurisdiction over the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Leased Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow cause or permit any inflammable unusual noise, odors or explosive liquids nuisance in or materials about the Leased Premises and the Building and grounds nor shall Tenant permit any debris, property or merchandise of Tenant, its officers, employees or agents to be kept on placed or left upon the Premises except as authorized grounds; and permitted under Section 27 Tenant, its officers and employees shall observe all rules and regulations adopted by Landlord for the general safety, comfort and convenience of this Lease. Except as permitted aboveLandlord, Tenant shall not allow any and other tenants including the reasonable assignment of one hundred twenty (120) parking spaces, as shown on Exhibit D, for the exclusive use of Tenant or other tenants of Landlord in the Building. Landlord disclaims any warranty that the Leased Premises which would unreasonably interfere with any other tenant or with are suitable for Tenant's use and Tenant acknowledges that it has had full opportunity to make its own determination in this regard. Tenant warrants that the operation of its business will not be harmful to the Project by Landlord. Building or the mechanical equipment within the Building and Tenant shall not permit any nuisance or waste upon be liable in the Premises or allow any offensive noise or odor in or around event of damage arising from such harmful operation. In the Premises to emanate outside of event Landlord's insurance premiums are increased above the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law standard building rate as a result of Tenant’s use's use of the Leased Premises, Tenant will pay to Landlord as additional rent the amount of such increase. In the event Tenant shall either modify cause or permit any unusual noise, odor or nuisance or the storage of any debris, property or merchandise of Tenant, its use officers, employees or agents, in or about the Leased Premises, Building or grounds in violation of the terms of this Section 7, Landlord shall, after notice to cause Tenant and Tenant's failure to correct said violation within 5 business days of said notice, be entitled to take any steps it deems reasonably necessary to correct or remove such authority to rescind its designation violation and Tenant shall pay Landlord, as additional rent hereunder, all costs and expenses incurred in such correction or be removal including all costs and expenses incurred in ascertaining which Tenant is responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAviolation.

Use of Premises. Tenant shall not be deemed a Food Court Tenant at the Property. Tenant shall use the Premises only solely for biomedical laboratory researchthe operation of a toy store, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other use or purpose without Landlord’s 's prior written, reasonable approval. Tenant shall sell a large variety of toys and agrees that Tenant shall not use the Premises in violation of any of the Restricted Uses (hereinafter defined). Without limiting the foregoing preclusions, Tenant specifically agrees that Tenant shall not sell pets or charge the public for entertainment (machines or activities or otherwise). Tenant agrees that its sale of bicycles shall be generally children's and family quality bicycles (and shall therefore not include high-end bicycles). Tenant further agrees that to the extent Tenant sells consumer electronics which are consistent with the operation of a toy store, the display of said electronics shall not exceed 400 square feet of the Premises. Tenant further agrees that in the event Tenant sells computer software, prerecorded audio and/or video records, discs, tapes and/or related devices, Tenant's Gross Sales from such items shall be less than fifteen percent (15%) of Tenant's total Gross Sales, and Tenant agrees that Tenant shall not rent such items. Tenant also agrees that in the event Tenant sells children's apparel, Tenant's Gross Sales from such items shall be less than ten percent (10%) of Tenant's total Gross Sales. Landlord shall give its reasonable approval to alternative or additional uses if said uses are (i) consistent with a "first-class promotional retail center", and (ii) not a Restricted Use at the time of request, and (iii) not the primary use of another tenant on the Property at the time of request where "primary use" shall mean that such other tenant operates fifty percent (50%) or more of its floor area for such use, or derives fifty percent (50%) or more of its Gross Sales from such use. Restricted Uses are any exclusive or restricted or objectionable uses ("Restricted Uses") Landlord has agreed to preclude or restrict pursuant to written consent agreement with another tenant or owner in the Property as of the Effective Date hereof or at any time prior to Tenant's addition of said use or Tenant's notice to Landlord of Tenant's proposed alternative use or which consent are precluded or restricted by the CC&R's referenced in Section 7.1 hereof, and as such preclusions or restrictions may not be unreasonably withheld, conditioned amended or delayed by Landlordexpanded from time to time; provided, however, that in no event Landlord shall any portion of not create a Restricted Use after the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use Effective Date that is deemed controversial shall be paid by inconsistent with Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose 's exclusive use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAdescribed hereinbelow.

Use of Premises. Tenant shall use the Premises only for biomedical laboratory researchresidential purposes. Tenant shall have exclusive use and right of possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and general office all covenants and administrative services and for no other purpose. Except as specifically provided for in this Section 6, restrictions affecting the Premises and all rules and regulations of homeowners’ associations affecting the Premises. a. Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than seven (7) nights in any calendar month. Landlord’s approval is required to allow anyone else to occupy the Premises for a longer period. b. Tenant must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace. c. Tenant may not paint or make any alterations or improvements to the Premises without first obtaining Landlord’s written consent to the alteration or improvement. d. If the Tenant receives permission to paint, alter or improve the premises, THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FROM IMPROVEMENTS MADE BY THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notify all parties performing work on the Premises at Tenant’s request that the Lease does not be used for allow any other purpose liens to attach to Landlord’s interest. Initial / e. Any improvements or alterations to the Premises made by the Tenant shall become Landlord’s property. f. Tenant may hang pictures and install window treatments in the Premises without Landlord’s prior written consent consent, provided Tenant removes all such items before the end of the Lease Term and repairs all damage resulting from the removal which consent may includes patch and paint. Initial / g. Tenant shall not be unreasonably withhelddestroy, conditioned deface, damage, impair, or delayed by Landlord; provided, however, that in no event shall remove any portion part of the Premises belonging to Landlord, nor permit any person to do so. h. Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises. i. Tenant shall not create any environmental hazards on or about the Premises. j. All vehicles parked on the premises must be used properly maintained and must have current registration and tags. In the event the tenant wishes to do mechanical repairs to a vehicle, the repairs must be completed in a timely fashion. k. Tenant shall not operate an ATV (All-Terrain Vehicle) or any similar vehicle on the property or adjoining streets and right of ways. The use of an ATV or similar vehicle is a high-risk activity, which the owner forbids on the premises. The operation of ATVs and similar vehicles is also extremely noisy and causes an unnecessary disturbance to the neighbors. l. Tenant shall not install or cause to be installed a trampoline in the yard without prior consent from the landlord. If permission for a vivarium for animals larger than rodents. At either’s requesttrampoline is granted, Tenant shall execute an addendum to the Lease guaranteeing proper installation, purchase of liability coverage and holding the Landlord and Tenant shall cooperate and assist each other the Landlord’s Agent harmless in developing and implementing a communications plan for the Project and Tenant’s event of an injury or liability claim resulting from the use of the Premises, including any uses that may trampoline. m. Tenant shall not install or cause to be deemed controversialinstalled an above-the-ground swimming pool without prior consent from the landlord. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that If permission for an above-the-ground pool is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted abovegiven, Tenant shall not allow any execute an addendum to the lease guaranteeing proper installation, purchase of liability coverage for use of the Premises which pool and guaranteeing that the lawn will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials be returned to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use former status upon removal of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADApool.