Common use of Use of the Premises Clause in Contracts

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devices. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devices. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research software development and development, storage, distribution, offices marketing/sales and marketing of medical devicesgeneral office use related thereto. Lessee Tenant shall not use use, or permit the Premises, Premises or any part thereof, thereof to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leasedas provided herein; and no use shall be made or permitted to be made of the Premises, nor acts donedone in, on or about the Premises, which will increase the existing rate of insurance upon the building in which the Premises are locatedBuilding, or cause a cancellation of any insurance policy covering said buildingthe Building, or any part thereof, nor shall Lessee Tenant sell or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the building in which Building or on the premises are locatedProperty; nor, without limiting the generality of the foregoing, shall Lessee Tenant allow the Premises to be used for any improper, immoral, unlawful, unlawful or objectionable purpose. Lessee Tenant shall not "place any harmful liquids in the drainage system of the Premises or of the building of Building. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the Premises form a partstructure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper Building except in trash containers placed inside exterior enclosures designated approved for that purpose by LessorLandlord, or inside the building Building proper where designated by LessorLandlord. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properBuilding. Lessee Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions, conditions and/or restrictions ("C.C. & R.'sCC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office and research and development, storage, distribution, offices and marketing development of medical devicescomputer related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee's occupancy. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- purposes of research and developmentlight manufacturing, storage, engineering, sales and distribution, offices R&D, general office, marketing, and marketing of medical devices. Lessee other related legal uses. (a) Tenant shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are locatedlocated (unless Tenant agrees to pay for any such increase), or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee Tenant sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building Building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee Tenant allow the Premises to be used for any improper, immoral, unlawful, or reasonably objectionable purpose. Lessee . (b) Tenant shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a partpart in violation of applicable law. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building Building proper except in trash containers placed inside exterior enclosures designated for that purpose by LessorLandlord, or inside the building Building proper where at locations reasonably designated by LessorLandlord. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properBuilding proper without Landlord’s prior written approval. (c) Landlord acknowledges that the subject Premises is located within a Super Fund Site and represents to Tenant that the United States Environmental Protection Agency has issued a letter dated January 25, 1993 (attached as Exhibit B) indicating that no further work needs to be performed at the site. Lessee Landlord shall comply be solely responsible for investigating, reporting, remediation and monitoring in connection with any and all Toxic or Hazardous Materials on the covenantsPremises which are not the express responsibility of Tenant under the following sections. As between Landlord and Tenant, conditionsLandlord shall be solely responsible, at Landlord’s sole cost and expense for all losses, damages, injury, claims, obligations, liabilities, demands, damages, judgments, and costs, including, without limitation, attorneys’ fees arising from or in connection with any Toxic or Hazardous Materials that existed prior to Tenant’s occupancy of the Premises and those that migrate from, onto or under the Premises during the Term (including the Extended Term, if any) through no fault of Tenant. If the presence of any such Toxic or Hazardous Materials causes or results in the Premises being or becoming untenantable, Tenant shall have the right to terminate this Lease. (d) Landlord further acknowledges that the Premises is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area (“MEW Site”). The EPA is the lead agency overseeing the investigation, monitoring, remediation and response actions conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA’s website: (xxxx://xxxxxxxx.xxx.xxx/r9/sfund/r9sfdocw.nsf/ViewbyEPAID/CAD982463812). (e) Tenant acknowledges that except as otherwise expressly set in this Lease, Tenant is accepting the Premises “AS IS” without any representation or warranty of Landlord, express, implied or statutory, as to Hazardous Materials, the environmental condition of the Premises or the MEW Site. (f) Tenant understands and acknowledges that Hazardous Materials are or may be present in the soil of and/or restrictions the soil vapor and/or groundwater underlying the Premises ("C.C. & R.'s") affecting “Pre-Existing Conditions”). Tenant further understands and acknowledges that the Former Xxxxxxxxx Premises has in the past been subject to enforcement actions by the EPA; the MEW Site is currently subject to various environmental orders. As described above, the MEW Site is actively and intensely managed by the EPA Environmental investigations, monitoring and remediation activities have been, are being and will continue to be conducted by the MEW Responsible Parties at the MEW Site, including the Premises. Tenant shall allow access for same to be implemented, as provided in this Section 6. Section 25359.7 of the California Health and Safety Code requires landlords of non-residential property who know, or have reasonable cause to believe, that any release of hazardous substances has come to be located on or beneath the real property to provide written notice of such to a lessee of the real property. Landlord has made the disclosures as set forth above. (g) Landlord shall indemnify, defend and hold harmless Tenant, its partners, directors, officers, employees, lenders, and successors against all losses, damages, injury, claims, obligations, liabilities, demands, damages, judgements, and costs, including, without limitation, attorneys’ fees arising from or in connection with any and all Toxic or Hazardous Materials that existed prior to Tenant’s occupancy of the Premises. Tenant in turn represents to Landlord that it does not now and will not in the future use or knowingly permit the use or otherwise store or introduce Toxic or Hazardous materials within the Premises, excluding, however basic janitorial, maintenance and office supplies, products typically found in motor vehicles used by employees and invitees, and materials commonly used in connection with Tenant’s business as described in Section 7 hereof. For purposes of this Section 6 “Toxic or Hazardous Materials” shall mean any product, substance, chemical, material or waste whose presence, nature, quality and/or intensity or existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials on the leased premises, is either (i) potentially injurious to the public health, safety or welfare, the environment, or the leased premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of Tenant or Landlord to any governmental agency or third party under any applicable statute or common law theory. Toxic or Hazardous Materials shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products or by-products thereof.

Use of the Premises. The Premises Tenant shall be used exclusively for the purpose ------------------- of research use and development, storage, distribution, offices and marketing of medical devices. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which occupy the Premises are hereby leasedthroughout the Term of this Lease for office purposes and uses customarily associated therewith and for no other purpose; and in particular no use shall be made or permitted to be made of the Premises, nor acts done, done which will increase the existing rate of insurance upon the building in which the Premises are locatedBuilding, or cause a cancellation of any insurance policy covering said buildingthe Building, or any part thereof, nor shall Lessee sell Tenant sell, or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall comply with all laws, ordinances, rules, regulations and codes of all municipal, county, state and federal authorities pertaining to Tenant’s use and occupation of the Premises. Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises or any public or private nuisance nuisance, or other act or thing which may disturb disturbs the quiet enjoyment of any other tenant in at the building in which Property. Tenant shall also specifically not permit the premises are locatedstorage of tires, flammable products, batteries, fertilizer, charcoal or any other similar items that cause objectionable odors to escape or be emitted from the Premises; norTenant shall insure sanitation and freedom from odor, without limiting the generality of the foregoingsmell and infestation from rodents or insects. Tenant, at its expense, shall Lessee allow the Premises provide (and enclose if required by codes or Landlord) a dumpster or dumpsters for Tenant’s trash in a location and manner approved by Landlord, and shall cause its trash to be used for any improperremoved at intervals reasonably satisfactory to Landlord. In connection therewith, immoralTenant shall keep the dumpster(s) clean and insect, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premisesrodent and odor free.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devicesgeneral office purposes only. Lessee shall not use use, or permit the Premises, or any part thereof, to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell sell, or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises premises to be used for any improper, immoral, unlawful, unlawful or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Should, at any time during the term of this Lease, or for a period of five (5) years after the termination or expiration of this Lease, there be charges or findings of toxic waste, spillage, or other contaminants found by a governmental agency to be hazardous and requiring removal or remedial work of the same, and it is determined that Lessee is the cause, Lessee hereunder shall be responsible for, and hold Lessor harmless from all claims, obligations, liabilities, and costs, including reasonable attorney's fees, for the removal, remedial work, or other action required by the governmental agency so prescribing said action, or any other agency having jurisdiction unless Lessee can demonstrate that such toxic waste, spillage, or other contaminants did not occur as a result of Lessee's operations while occupying the Premises. If, at any time during the term of this Lease, Lessor suspects that toxic waste, spillage, or other contaminants may be present on the Premises, Lessor may order a soils report, or its equivalent. If any such toxic waste, spillage, or other contaminants are found upon the Premises, and it is determined that Lessee is the cause, Lessee shall comply deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove such substances and remedy the problem. Lessee shall abide by all the covenantslaws, conditionsordinances and statutes, and/or restrictions ("C.C. & R.'s") affecting as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research office, administration, R&D and development, storage, distribution, offices and marketing engineering of medical devicescomputer related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research computer software marketing and development, storage, distribution, offices engineering normal and marketing of medical devicescustomary to the industry. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- -------------------- of manufacturing, research and development, storage, distribution, offices ----------------------------------------------------------------------- and marketing of medical devices. --------------------------------- Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office, administration, light manufacturing and developmentassembly, storagetesting, distributionmarketing, offices engineering, shipping and marketing of medical devicesreceiving and any other legal uses directly related to Lessee’s business and for no other purpose without Lessor’s prior written consent. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished semifinished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("“C.C. & R.'s"’s”) affecting the Premises. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy and that, prior to the Commencement Date, Lessor has obtained any closure certificates for the Premises from the applicable governmental authorities with respect to prior occupants of the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee’s occupancy of the Premises.

Use of the Premises. The A. Tenant shall use the Premises shall be used exclusively solely for office, R & D, manufacturing, warehousing , the purpose ------------------- development of research pharmaceuticals and development, storage, distribution, offices drug delivery systems and marketing of medical devices. Lessee other legal purposes and shall not use the Premises for any other purpose without obtaining the prior written consent of the Landlord which consent shall not be unreasonably withheld. B. Tenant shall not use the Premises or suffer or permit the Premises, or any part thereof, anything to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, done in or about the PremisesPremises which will in any way conflict with any law, any article statute, zoning ordinance, regulation or requirement of duly constituted public authorities now in force or which may hereafter be prohibited by in force, or Board of Fire Underwriters requirements or other similar body now or hereafter constituted relating to or affecting the standard form condition, use or occupancy of fire insurance policiesthe Premises. Lessee Tenant shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or any other act or thing things which may might or would disturb the quiet enjoyment of any other tenant occupant of nearby property. Tenant shall not place loads upon the floors, walls, or ceilings in the building in which the premises are located; nor, without limiting the generality excess of the foregoingmaximum designed load or which endanger the structure, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises systems unless Tenant installs proper neutralizers; dump or of the building of which the Premises form a part. No store waste materials or refuse shall be dumped upon or permitted allow such to remain upon in, or about any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, and Tenant shall not store or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished permit to be stored or semi-finished products, raw materials, or articles otherwise place any materials of any nature shall be stored upon or permitted to remain on any portion of the Premises whatsoever outside of the building proper. Lessee shall comply Tenant may store materials provided they are properly and attractively screened, in compliance with all the covenantsapplicable city ordinances and approved, conditionsin writing, and/or restrictions ("C.C. & R.'s") affecting the Premisesby Landlord.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office, administration, light manufacturing and developmentassembly, storagetesting, distributionmarketing, offices engineering, shipping and marketing of medical devicesreceiving and any other legal uses directly related to Lessee’s business and for no other purpose without Lessor’s prior written consent. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("“C.C. & R.'s"’s”) affecting the Premises. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy and that, prior to the Commencement Date, Lessor has obtained any closure certificates for the Premises from the applicable governmental authorities with respect to prior occupants of the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee’s occupancy of the Premises. Lessee in turn represents to Lessor that it does not now and will not in the future permit the use or storage on the Premises of Toxic or Hazardous materials, excluding, however basic

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, computer laboratory, research and development, storage, distribution, offices shipping and marketing of medical devicesreceiving. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. , Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy. Lessor shall be responsible for and indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous Materials (as defined below) that existed prior to Lessee’s occupancy of the Premises or not caused by Lessee, its agents, employees, invitees or contractors. This indemnity shall survive the termination of the Lease. Lessee in turn represents to Lessor that it does not now and will not in the future permit the use or storage on the Premises of Toxic or Hazardous Materials, excluding, however basic janitorial, maintenance and office supplies, and materials commonly used in connection with Lessee’s business as described in paragraph 6 hereof. For purposes of this Section 6, ‘Toxic or Hazardous Materials” shall mean any product, substance, chemical, material or waste whose presence, nature, quality and/or intensity or existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Premises, is either (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of Lessee and Lessor to any governmental agency or third party under any applicable statute or common law theory. “Toxic or Hazardous Materials” shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products or by-products thereof. Lessee hereunder shall be responsible for and indemnify, and hold Lessor and its partners, directors, officers, employees, lenders, successors and assigns harmless from all claims, obligations, liabilities, demands, damages, judgments and costs, including reasonable attorneys’ fees arising at any time during or in connection with Lessee’s causing or permitting any Toxic or Hazardous Materials to be brought upon, stored, manufactured, generated, handled, disposed, or used on, under or about the Premises. Lessee’s and Lessor’s obligations hereunder shall survive the termination of this Lease. If, at any time during the term of this Lease, Lessor suspects that any Toxic or Hazardous Materials may be present on the Premises, Lessor may order a soils report, or its equivalent, at Lessee’s expense and Lessee shall comply with all the covenantspay such costs if it is determined that Lessee or Lessee’s agents, conditions, and/or restrictions ("C.C. & R.'s") affecting employees or contractors released or caused Toxic or Hazardous Materials on or about the Premises. If any such Toxic or Hazardous Materials are found on or about the Premises and it is determined that Lessee or Lessee’s agents, employees or contractors caused such contamination, Lessor shall consult with Lessee regarding remediation plans and Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove the substances and remedy the problem in accordance with applicable law, which Lessor shall use to do the required remediation and shall return to Lessee any unused monies. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.

Use of the Premises. The Premises shall be used exclusively and occupied for the purpose ------------------- specified in Section 1.2, and for no other use or purpose whatsoever, and under the trade name contained in said Section 1.2. The use of research the Premises must be in compliance with rules and developmentregulations promulgated for the Park by Landlord which are now or hereafter in effect and of which Tenant has notice and Tenant's business and operations within the Premises must be in compliance with all applicable laws, storageordinances and regulations of all governmental or quasi-governmental authorities and of all insurance companies insuring the Premises, distributionor the Park, offices and marketing of medical devicesor any portion thereof. Lessee In this connection, it is understood that Tenant shall not be permitted to engage in any business activities outside of the Premises or in the common areas of the Park, without the written permission of Landlord and that all signs outside of the Premises and all displays which are visible outside of the Premises, shall be subject to the approval of Landlord. While parking in the Park shall be non-exclusive, it is understood that Tenant shall have the primary right to use the parking spaces specifically described on Exhibit A-1 attached hereto, provided, however, the Landlord shall have no responsibility to police said parking spaces or permit remove any cars wrongfully parked in Tenant's primary parking area. It is understood that Tenant shall not be permitted to use any areas adjacent to the Premises, or any part thereofareas designated for parking purposes, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation storage of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, materials used in or about the Premises, any article which may be prohibited by the standard form of fire insurance policiesconnection with Tenant's business. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system Any unauthorized use of the Premises or of the building of which areas adjacent to the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures areas designated for that purpose parking shall constitute a default by LessorTenant under the terms of this Lease, or inside if not cured by Tenant within thirty (30) days after receipt of a written notice from the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the PremisesLandlord.

Use of the Premises. 11.1 The Premises Lessee shall be used exclusively responsible for obtaining all of the licenses required to run its business on the Premises from the competent authorities, within the context of the purpose ------------------- of research the Lease, and developmentit undertakes to run such only in accordance with the aforesaid licenses and the requirements of the law and any competent authority. The Lessee declares that it has checked and knows that it is possible to obtain all of the licenses as set out in this clause, storage, distribution, offices and marketing of medical devices. that the Lessor shall not be under any liability in the event that the Lessee does not succeed in obtaining such. 11.2 The Lessee shall not use keep any materials, tools, equipment, produce, inventory or permit any other chattels whatsoever (hereinafter termed generally – the “chattels”) outside of the Premises without the Lessor’s consent. In the event that any chattels are found outside of the Premises without the Lessor’s consent having been given to such, the Lessor shall be entitled to remove them from such place at the Lessee’s expense, and it shall not be responsible for the integrity of such chattels. 11.3 The Lessee shall fulfill all of the laws, regulations and by-laws applying to the Premises, the use thereof and the business, the work and operations done therein. 11.4 The Premises or any part of them must not be used in such a way that might result in the causing of noises, odors, shocks, pollution, smoke, dust or any other nuisances outside the realm of what is reasonable, taking into account the nature of the Park in general and the nature of the immediate surrounds of the Premises in particular. 11.5 The Lessee shall not throw waste of a quality or quantity that might harm the sewage system into such system, or that might harm the proper operation thereof, or that might endanger ordinary use of water sources, rivers, lakes, the sea or any other source. For the purposes of this paragraph – the “sewage system” - central sewage or absorbent pits and channel and drainage systems and water purification plants, if and to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use extent in existence. The Lessee shall be made required to ensure that the waste water does not contain solid substances that might damage pipes or permitted channels, or that might harm sewage piping, control boxes, measuring equipment, purification plant, or that might block such. 11.6 The Lessee undertakes not to be made hang, install or paint and signs, symbols or other advertisements on any part of the Premises, nor acts done, which will increase the existing rate of insurance upon the building Building in which the Premises are locatedsituated without the consent of the Lessor in advance. The Lessee shall have the right to receive signage at the entrance to the Park, or cause a cancellation on the Building and on the floor where the Premises are situated, at its expense. 11.7 Places outside of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to the Premises may only be kept, used, or sold, used in or about the Premises, any article which may be prohibited manner and way prescribed by the standard form of fire insurance policies. Lessor from time to time. 11.8 The Lessee shall undertakes not commit or suffer to be committed any waste upon use the Premises or any public materials or private nuisance instruments on them, nor to do any acts on the Premises which involve risks that deviate from the insured risks as set out in section 8.1.7 above, unless the Lessor’s consent to such is given in writing and in advance. Where such consent is given, the Lessee undertakes to maintain such insurance to the satisfaction of the Lessor, against any damage to person or property which might be caused as a result of such risks, without derogating from the Lessor’s right to take out the additional insurance as above itself, and from the Lessee’s obligation to refund any sum expended by the Lessor with respect thereto immediately upon its first demand. 11.9 The Lessee shall use the Premises and their surrounds so as not to cause any disturbance to the other act tenants of the Building, to their welfare or thing which may disturb the quiet enjoyment of any other tenant their premises, and maintaining the common property and facilities in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the PremisesBuilding and keeping those clean.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office which may include software engineering and development, storage, distribution, offices sales and marketing of medical devicesany office use related thereto. Lessee Tenant shall not use use, or permit the Premises, Premises or any part thereof, thereof to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts donedone in, on or about the Premises, which will increase the existing rate of insurance upon the building in which the Premises are locatedComplex, or cause a cancellation of any insurance policy covering said buildingthe Complex, or any part thereof, nor shall Lessee Tenant sell or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the building in which the premises are located; Complex nor, without limiting the generality of the foregoing, shall Lessee Tenant allow the Premises to be used for any improper, immoral, unlawful, unlawful or objectionable purpose. Lessee Tenant shall not place any harmful liquids in the drainage system of the Premises or of the building of Complex. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the Premises form a partstructure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper Building except in trash containers placed inside exterior enclosures designated approved for that purpose by LessorLandlord, or inside the building Building proper where designated by LessorLandlord. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properBuilding. Lessee Subject to the provisions of Paragraph 34 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas of the Complex). No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be. hereafter erected, whether or not by Landlord, or use of the Complex by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions, conditions and/or restrictions ("C.C. & R.CC&R's") affecting the Premises and the Complex, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office use for a permanent and development, storage, distribution, offices temporary employment placement agency and marketing of medical devicesall other legally related uses associated therewith. Lessee Tenant shall not use use, or permit the Premises, or any part thereof, to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building Building in which the Premises are located, or cause a cancellation of any insurance policy covering said buildingBuilding, or any part thereof, nor shall Lessee Tenant sell or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may injure, or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the building Building or on the Property in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee Tenant allow the Premises to be used for any improper, immoral, unlawful, or objectionable unlawful purpose. Lessee Tenant shall not place any harmful liquids in the drainage system of the Premises or of the building Building of which the Premises form forms a part. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure nor overload any electrical, mechanical, or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper Building except in trash containers placed inside exterior enclosures designated approved for that purpose by LessorLandlord, or inside the building Building proper where designated by LessorLandlord. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building Building proper. Lessee Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building). No loudspeaker or other device, system, or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") Rules and Regulations affecting the PremisesPremises which are attached as Exhibit B. ---------

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research Sales, marketing and development, storage, distribution, offices and marketing distribution of medical devicescomputer-related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any [improper, immoral, unlawful, ] unlawful or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises [Premises] outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, Lessor [or inside the building proper where designated by Lessor. .] No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.C.C.&R.'s") affecting the Premises. SEE ADDENDUM #4 [Should, at any time during the term of this Lease, or for a period of five (5) years after the termination or expiration of this Lease, there be charges or findings of toxic waste, spillage, or other contaminants found by a governmental agency to be hazardous and requiring removal or remedial work of the same, Lessee hereunder shall be assumed responsible for, and hold Lessor harmless from all claims, obligations, liabilities, and costs, including reasonable attorneys' fees, for the removal, remedial work, or other action required by the governmental agency so prescribing said action, or any other agency having jurisdiction, unless Lessee can demonstrate that such toxic waste, spillage, or other contaminants did not occur as a result of Lessee's operations while occupying the Premises.] If, at any time during the term of this Lease, Lessor suspects that toxic waste, spillage, or other contaminants may be present on the Premises, Lessor may order a soils report, or its equivalent, at Lessee's expense and Lessee shall pay such costs within fifteen (15) days from the date of the invoice by Lessor provided that said report determines that Lessee was cause of contamination. If any such toxic waste, spillage, or other contaminants are found upon the Premises, Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove the substances and remedy the problem. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office, R&D and development, storage, distribution, offices and marketing of medical deviceslab use for computer related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are locatedPremises; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a partsystem. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. proper that causes a nuisance or violates and applicable governmental codes or regulations; Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.C.C.&R.'s") affecting the Premises.

Use of the Premises. The Lessee shall use the Premises shall be used exclusively only for the purpose ------------------- of medical and non-medical research and development, storagemanufacturing, distributionsales, offices warehousing and marketing related office use (the "Permitted Use"). Such Permitted Use may include, but is not limited to, mixing, examination, manufacturing, development and/or research of medical deviceschemicals and/or biological materials. Lessee further agrees to conform to the following provisions during the entire term of this Lease: a) Lessee will not place on the exterior of exterior walls (including both interior and exterior surfaces of windows and doors) or on any part of the Building outside the Premises, any signs, symbols, advertisement or the like visible to public view outside of the Premises without the prior consent of Lessor, which consent shall not use be unreasonably withheld. Without limitations, lettering on windows is expressly prohibited. Notwithstanding the preceding provisions, but subject to Town of Danvers zoning and other applicable regulations, it is understood and agreed that the Lessee has the Lessor's permission, at Lessee's expense, to attach an ABIOMED sign to the face of the Premises of at least the same size as is presently attached to 00 Xxxxxx Xxxx Drive, and to install a flag pole. b) The Lessee, at its expense, shall comply with all rules, ordinances, orders, regulations and requirements of any Board of Fire Underwriters, or any other body hereafter constituted exercising similar functions and governing insurance rating bureaus; and shall not do or permit anything to be done in or upon the Premises, or bring or keep anything therein, except as now or hereafter permitted by any part thereofgovernmental authority, to be used for Board of Fire Underwriters or any purpose other similar body having jurisdiction, or purposes other than the purpose for which insurance rating bureau; and shall keep the Premises are hereby leased; and no use shall be made equipped with all safety appliances or permitted to be made equipment required by any governmental authority, Board of Fire Underwriters or other similar body or governing insurance rating bureau by reason of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system Lessee's particular use of the Premises or the location of partitions, trade fixtures or other contents of the building Premises; and shall procure all licenses, permits or other approvals required because of which such use, it being understood that the Premises form a part. No waste materials or refuse foregoing provisions shall not be dumped upon or permitted construed to remain upon broaden in any part way the Permitted Use of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by LessorPremises; c) The Lessee, or inside the building proper where designated by Lessor. No materialsat its expense, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all rules, ordinances, orders, permit conditions and regulations of governmental authorities now or hereafter in force and with any lawful direction of any public officer, in each case to the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting extent the Premisessame are applicable to the Premises or the use and

Use of the Premises. 8.1 The Tenant shall only use the Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devices. Lessee shall conducting the following business: GENERAL OFFICES AND SHOWROOM The Tenant agrees that it will not use or permit the Premises, or any part thereof, Premises to be used for any other purpose or purposes other than without obtaining the purpose for which Landlord's prior written consent. The Tenant agrees that it will not change the name of the business to be operated in the Premises are hereby leased; and no use shall be made or permitted to be made of without obtaining the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which Landlord's prior written consent. The Tenant has satisfied itself that the Premises can be used for and are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about zoned for the Premises, any article which may be prohibited by the standard form of fire insurance policiesuse stated above. Lessee shall The Tenant will not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improperpurpose that is contrary to any restrictions registered against and/or running with title to the Building. 8.2 On and after the Commencement Date, immoral, unlawful, or objectionable purpose. Lessee the Tenant shall not place any harmful liquids in occupy the drainage system whole of the Premises and shall therein, in good faith, continuously, actively, and diligently conduct its business in a reputable, clean safe, orderly, properly staffed, first-class, and lawful manner. The Tenant will not permit waste or damage to the Premises. The Tenant will not bring or permit animals and or birds into the Building or its Premises. The Tenant will take steps to ensure that no actions are taken which in the Landlord's opinion would disturb the quiet enjoyment of either the Landlord or other tenants in the Building. The Tenant will not do or permit to be done anything that, in the Landlord's opinion, in any way hinders the flow of traffic (pedestrian or vehicular) in or in the immediate vicinity of the Building. The Tenant will not solicit business except in its own Premises. The Tenant will not install or allow to be installed any transmitting or telecommunications device on the roof or structural walls of the building of which the Premises form nor will it allow or allow to be installed any traveling or flashing lights or signs or audio-visual devices in a part. No waste materials manner so that they can be seen or refuse shall be dumped upon or permitted to remain upon any part heard outside of the Premises outside without obtaining the Landlord's prior written consent. The Tenant will fully co-operate in all of the building proper except Landlord's energy conservation programs. The Tenant will not permit any activity within or about the Premises that in trash containers placed inside exterior enclosures designated for that purpose by Lessorthe Landlord's opinion would create an environmental or pollution or safety or moral problem including the utilization of illegal drugs or the display or production of non-family-oriented material (such as pornography), the emission of odours, gases, dust, smoke, fumes, vapours, steam, water, cinders, soot, vibrations, music, noises, electromagnetic rays or fields, Hazardous Substances, or inside any other effect that is undesirable in the building proper where designated sole opinion of the Landlord. If the Tenant breaches any of these requirements and does not cure such default within 10 days after being provided by Lessorthe Landlord with written notice of such default (or sooner if the situation, as determined solely by the Landlord, is an emergency), the Landlord, without limiting any of its other rights, may take such steps as it deems necessary to cure such default at the Tenant's expense plus charge a management fee thereon which forthwith shall be paid to the Landlord by the Tenant as Additional Rent. No materialsIn addition, suppliesthe Tenant acknowledges that if it breaches any of these requirements and does not cure its default within 10 days as set forth above, equipmentthe Landlord shall be entitled to obtain injunctive and other equitable relief which claim for relief will not be opposed by the Tenant. Further, finished the Tenant acknowledges that if it breaches any of these requirements and does not cure its default within 10 days as set forth above, the Landlord shall be entitled to terminate this Lease. 8.3 The Tenant shall observe and abide by all applicable laws, particularly but not limited to laws pertaining to Hazardous Substances. If a clean-up of the Building or semithe Premises is required as a result of the release or existence of Hazardous Substances by the Tenant or on behalf of the Tenant or which arises, directly or indirectly from the Tenant's use or occupancy of the Premises, the Tenant shall solely be responsible for the clean-finished products, raw materials, or articles up thereof and for all costs of any nature kind associated therewith. If the Tenant breaches any of these requirements and does not cure such default within 10 days after being provided by the Landlord with written notice of such default, the Landlord, without limiting any of its other rights, may take such steps as it deems necessary to cure such default at the Tenant's expense plus charge a management fee of 15% thereon which forthwith shall be stored upon or permitted paid by the Tenant to remain on any portion the Landlord as Additional Rent. The Tenant further agrees to fully indemnify the Landlord (including the immediate payment of the Premises outside Landlord's incurred solicitor and client and other professional costs) and hold the Landlord harmless from all Claims arising out of matters related to the building properTenant's actions or negligence with respect to Hazardous Substances. Lessee The Tenant's obligations with respect to Hazardous Substances shall survive the expiration of this Lease. Provided the Tennant shall not be responsible for any pre-existing non-compliance. 0.0 The Tenant agrees as well to comply with all present and future laws pertaining to the covenantscollection, conditionssorting, and/or restrictions ("C.C. & R.'s") affecting separation, and recycling of waste products. 8.5 The Tenant will peaceably leave the PremisesPremises in a clean, broomswept condition on the Expiration Date or such other date if the Lease is terminated before the Expiration Date. The Premises will be left in good order except for reasonable wear and tear. The Tenant will thereupon return all keys and other security materials including but not limited to codes and passcards. 8.6 The Tenant shall NOT be required to restore the Premises or any --- additional space to Base Building condition at the expiration or termination of the Lease or at the expiration or termination of any extended term, including any damage they have caused to the Building.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, sales, marketing, engineering and research and development, storage, distribution, offices board repair and marketing of medical devicesassembly for voice processing software and hardware products and related materials. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leasedleased without Lessor's prior written consent; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate fate of insurance upon the building in which the Premises are located, located unless Lessee pays the cost of any such increase or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premisesshall

Use of the Premises. The (i) Tenant shall use the Premises solely for the purposes specified in Article 6. Tenant further covenants and agrees that it will not use or suffer or permit any person or persons to use the Premises or any part thereof for conducting therein a second-hand store, auction, distress or fire sale, or bankruptcy or going-out-of-business sale, or for the sale of prescription drugs, or for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations and requirements of the state and the county and city where the Club Facility is situated, or of other lawful authorities, and that during said Term, the Premises, and every part thereof, shall be used exclusively for kept by Tenant in a clean and wholesome condition, free from any objectionable noises, odors or nuisances if and to the purpose ------------------- extent detectable from outside the Premises, and that all health and police regulations with respect to the Premises shall, in all respects and at all times, be fully complied with by Tenant. Except as provided in this Lease and the obligations of research Landlord, Tenant shall, at its sole cost and developmentexpense, storagefaithfully observe in the use, distributionoccupation and possession of the Premises all municipal and county ordinances, offices and marketing of medical devicesall state and federal statutes now in force and which may hereafter be in force, and shall fully comply at its sole expense with all regulations, orders and other requirements issued or made pursuant to any such ordinances and statutes. Lessee Tenant shall not use or permit occupy the Premises, in any manner which (a) impairs the proper and economic maintenance, operation and repair of the Building or its equipment, facilities or systems; (c) unreasonably interferes with or unreasonably disrupts the use or occupancy of any part thereof, to be used for any purpose or purposes area of the Building (other than the purpose for which Premises) by other lessees or occupants; (d) interferes with the transmission or reception of microwave, television, radio or other communications signals by antennae located on the roof of the Building or elsewhere in the Building; (e) constitutes or promotes "drive-through" uses, or similar types of operation, or (f) constitutes an unlawful condition; it being agreed, however, that this paragraph shall not prohibit Tenant's lawful operation within the Premises are hereby leased; and no use of a so-called "strip club" or other adult entertainment facility. (ii) Tenant shall be made or permitted to be made of operate a first-class business operation in the Premises, nor acts doneand protect the rights, which will increase health and safety of all persons using the existing rate Premises. Therefore, Tenant, its employees, agents, licensees and customers shall observe the following rules of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, conduct when present in or about the PremisesPremises and in connection therewith Tenant and its employees shall: 1. Conduct themselves at all times in a professional manner; 2. Not solicit members of the Club Facility as customers for Tenant's business; 3. Not consume or be under the influence of drugs, any article which narcotics, or controlled substances, except as may be prohibited by medically prescribed; 4. Not willfully take, destroy or damage another person's property; 5. Not post notices or literature in or about the standard form Building (other than within the Premises) without the prior written consent of fire insurance policiesLandlord, and not post any handbills on cars in the Common Areas; 6. Lessee shall not commit Not possess or suffer to be committed use any waste upon kind of weapon in or about the Premises Building; 7. Not gamble in or any public about the Building; 8. Not park improperly or private nuisance without authorization in or other act about the Building; or 9. Not engage in horseplay, dangerous practical jokes, or thing which may disturb the quiet enjoyment throwing of any other tenant object in or about the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the PremisesBuilding.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, sales, marketing, engineering research and development, storage, distribution, offices and marketing clean storage of medical devicescomputer related products and services. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessor represents and warrants to Lessee shall comply with all that to the covenantsbest of its knowledge there are no Toxic or Hazardous materials present on, conditions, and/or restrictions ("C.C. & R.'s") affecting at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee's occupancy. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises.

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of office, administration, research and development, storage, distribution, offices engineering and sales and marketing of medical devicescomputer related products and services. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leasedleased without Lessor's written consent; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are locatedlocated unless Lessee pays the cost of any such increase, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises Lessor represents and warrants to Lessee that to the best of its knowledge (i) there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee's occupancy; (ii) no underground storage tanks or asbestos containing building materials are present on the Premises, and (iii) no action, proceeding, or claim is pending or threatened concerning the Premises concerning any Toxic or Hazardous materials in, on, about or under the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises or arising out of or based upon the presence of any Toxic or Hazardous materials on, under, in or about the Premises, unless Lessee or Lessee's agents, employees, contractors or invitees caused the presence of such Toxic or Hazardous materials in, on about or under the Premises.