Common use of Use of the Premises Clause in Contracts

Use of the Premises. The Premises may be used and occupied for any ------------------- lawful purpose consistent with the operation of a first-class office building in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Notice.

Use of the Premises. The Premises may be used SELLER: a) authorizes the AUCTIONEER, upon the APPROVAL DATE, to enter and occupied use the PREMISES for the purposes of -- (i) storing the ASSETS thereupon, (ii) preparing for and conducting the SALE thereupon, and (iii) otherwise exhibiting the ASSETS; b) shall not charge the AUCTIONEER any ------------------- lawful purpose consistent fees associated with the operation of a first-class office building in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the AUCTIONEER'S use of the Building lobby PREMISES in accordance with the terms of this Section (specifically, and without limitation, AUCTIONEER will not be responsible for Tenant sponsored presentations security (so long as AUCTIONEER occupies the PREMISES, SELLER shall continue to provide a "Presentation"guard during normal business hours at its sole cost and expense), waste removal or taxes); c) for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord adequate utilities to the PREMISES, at the SELLER'S sole expense, to allow the AUCTIONEER -- (i) to demonstrate and exhibit the ASSETS to any prospective purchaser of the ASSETS ("PURCHASER"), and (ii) to conduct the SALE; and d) shall provide the AUCTIONEER, at AUCTIONEER'S request, for the duration of the SALE program, with at least fourteen (14) days prior notice the services of a Presentation studio engineer employed by SELLER, at no cost or expense to the AUCTIONEER. Notwithstanding anything contained herein to the contrary, the SALE and removal of sold ASSETS of the PREMISES shall be completed no later than December 31, 1999. Upon the date this AGREEMENT is mutually executed and delivered by the parties, AUCTIONEER will conduct a final physical inspection (the "Presentation NoticeINSPECTION") of the ASSETS at the PREMISES. Upon AUCTIONEER'S approval, AUCTIONEER, at AUCTIONEER'S expense, will change the locks at the PREMISES and remit the keys to SELLER'S counsel. SELLER'S counsel shall not give said keys to any other individual under any circumstances without the prior written consent of the PARTIES (unless this AGREEMENT is terminated or not approved by the Bankruptcy Court), and shall return the keys to AUCTIONEER on the APPROVAL DATE. Landlord On-site security and the alarm company for the PREMISES shall be deemed to have approved a Presentation if Landlord does not object instructed by SELLER in writing (with a copy to Tenant within seven AUCTIONEER) to report directly to the AUCTIONEER. Within five (75) business days after receipt of a Presentation Noticeprior to the APPROVAL DATE, SELLER's facilities manager and crisis manager will each file an affidavit with the BANKRUPTCY COURT (i) verifying that no ASSETS have been removed from the PREMISES or otherwise altered since the INSPECTION and (ii) identifying all EXCLUDED ASSETS.

Use of the Premises. (A) The Premises may shall be used for office, manufacturing, distribution, warehousing, research and occupied laboratory purposes (“Contemplated Uses”), and for any ------------------- other lawful purpose consistent use compatible with the operation neighborhood and the buildings (by way of example call centers and retail centers are not deemed to be a first-class office building in Chicago, Illinois, provided that any such compatible use.) In its use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Premises, Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all statutes, ordinances and regulations applicable laws and ordinancesto the use thereof, including, without limiting the generality of the foregoing, the Zoning Ordinance of the Town of Marlborough, Massachusetts, as now in effect or as hereafter amended; provided, however, that none of the foregoing limit the Permitted Use or the manner or hours of operation of the Premises for the Permitted Use. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory require or if the insurance against underwriters suggest that Tenant’s use suggests or requires any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approvaladditional safety sprinklers or safety appliances be installed, Tenant shall have furnish such items at its sole cost and expense. (B) Tenant shall not injure or deface, or commit waste with respect to the right Premises, nor occupy or use the Premises in such manner as to constitute a nuisance of any kind, nor for any purpose nor in any manner in violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of any governmental or lawful authority including Boards of Fire Underwriters, Tenant shall, immediately upon the discovery of any unlawful, illegal or disreputable use, take all necessary steps to discontinue such use. Without limiting the foregoing, Tenant acknowledges that the operation or storage of motor vehicles within the Premises is prohibited. Tenant shall pay all extra insurance premiums, which may be caused by the use that Tenant may make of the Premises. (C) Tenant shall procure all licenses or permits required by any use of the Premises by Tenant. Landlord shall cooperate with Tenant (at no cost to Landlord), in such manner as Tenant may reasonably request, in its attempts to obtain such licenses and permits. (D) Tenant’s use of any access roads, parking areas and loading areas on the Property shall be subject to any reasonable, non-discriminatory rules or regulations that may be established from time to time to by Landlord. In the use event of any conflict between the Lease and such rules and regulations, the provisions of the Building lobby for Lease shall control. Notwithstanding the foregoing, if Tenant sponsored presentations leases the ROFO Space, this Section 19(D) shall be void and without further force or effect. (a "Presentation"E) for up to a total of ten (10) days during each Calendar Year. Tenant shall provide not permit any employee or servant of Tenant to violate the covenants or obligations of Tenant hereunder, and Tenant shall use reasonable efforts to prevent any invitee of Tenant from violating any Tenant’s covenants and obligations under this Lease. (F) During the term of the Lease or any Extension Term, the Landlord agrees that it will not lease any space in the building to any business entity or activity which is directly competitive with at least fourteen (14) days prior notice any products or services currently being distributed or sold by Cytyc. Any entity or person which develops, manufactures or sells medical devices or medical diagnostic services or devices shall be considered to be “directly competitive” for the purposes of a Presentation (the "Presentation Notice"this Section 19(F). Landlord shall be deemed to have approved a Presentation if Landlord does These companies currently include, but are not object in writing to Tenant within seven (7) days after receipt limited to, Quest Diagnostics Cervical Cancer Division, Laboratory Corporation of a Presentation NoticeAmerica Cervical Cancer Diagnostics Division, TriPath Imagin, Inc., Digene Corporation, Monogen Corporation, Conceptus, Zoft, and the competing divisions of Xxxxxxx & Xxxxxxx and Boston Scientific.

Use of the Premises. The Lessee shall use the Premises only for medical and non-medical research and development, manufacturing, sales, warehousing and related office use (the “Permitted Use”). Such Permitted Use may be used and occupied for any ------------------- lawful purpose consistent with the operation of a first-class office building in Chicagoinclude, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use but is not dangerous limited to, mixing, examination, manufacturing, development and/or research of chemicals and/or biological materials. Lessee further agrees to person 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 property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb on any other tenant 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 be unreasonably withheld. Without limitations, lettering on windows is expressly prohibited. Notwithstanding the preceding provisions, but subject to Town of Danvers zoning and does 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 injure do or permit anything to be done in or upon the reputation Premises, or bring or keep anything therein, except as now or hereafter permitted by any governmental authority, Board of Fire Underwriters or any other similar body having jurisdiction, or insurance rating bureau; and shall keep the Premises equipped with all safety appliances or equipment required by any governmental authority, Board of Fire Underwriters or other similar body or governing insurance rating bureau by reason of the Lessee’s particular use of the Premises or the location of partitions, trade fixtures or other contents of the Premises; and shall procure all licenses, permits or other approvals required because of such use, it being understood that the foregoing provisions shall not be construed to broaden in any way the Permitted Use of the Premises; c) The Lessee, at its expense, 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 extent the same are applicable to the Premises or the use and maintenance thereof. If the Lessee receives notice of any violation of law, ordinance, order, permit conditions or regulation applicable to the Premises or the use and maintenance thereof, it shall give prompt written notice thereof to the Lessor. Additionally, the Lessee shall comply with any reasonable rules and regulations the Lessor imposed on all tenants of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat rules and sanitary condition and shall comply regulations do not materially interfere with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the Lessee’s use of the Premises, Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total or Property as of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice this date and do not materially change any term of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation NoticeLease.

Use of the Premises. 4.1 The Premises may shall be used by the Tenant solely for the purpose provided for in Article One above, and occupied for any ------------------- lawful no other use or purpose consistent with without the operation prior written consent of a first-class office building in Chicago, Illinois, provided Landlord. 4.2 Tenant further covenants and agrees that any such its use and occupancy complies of the Premises shall strictly comply with all applicable and not involve any violation of any federal, state or municipal statute, rule, ordinance or zoning law or any regulation, rule or directive of any governmental or regulatory agency as may now exist or may hereafter exist concerning the use, operation or safety of the Premises. In addition, Tenant covenants and agrees to operate the Premises in conformance with the Rules and Regulations which are attached to this Agreement as Exhibit "F", and made a part hereof. Tenant shall not use the Premises or the building in which the Premises are contained for any purpose that will increase the insurance rate or risk of the building above that which is customary and zoning lawsnormal for the uses set forth above and, codes and ordinances and in such use is event, Landlord, as an additional remedy for the violation of this provision, may elect to recover, as "Additional Rental" (defined below), the total cost of such increase from Tenant, without contribution of other tenants of the Business Park. (See Article 8. 4.3 All damages to the Premises, the Common Areas or the building in which the Premises are contained, caused by Tenant's negligence, shall be repaired at Tenant's expense. Tenant shall not dangerous commit waste or allow waste to person be committed on the Premises or property, does the Common Areas. Tenant shall not invalidate perform any acts or increase Landlord's insurance premiums, does not create carry on any practices which will constitute a nuisance or unreasonably disturb any menace, or be offensive, to the other tenant tenants or occupants or to the general public. Tenant shall keep the Premises, its use of the Building Common Areas and does all its improvements in sound condition, in good repair and safe for the incidental use of its business invitees. 4.4 Tenant shall not make or permit any noise or odor that is objectionable to the public, to other tenants of the Business Park or to Landlord to emanate from the Premises and shall not create or maintain a nuisance thereon. Tenant shall not disturb, solicit or canvas the users of the Common Areas without the consent of Landlord and shall not do any act tending to injure the reputation of the Building. Tenant mayLandlord or the Business Park. 4.5 Lessee shall not place or permit any radio antenna, if Tenant so electsloud speakers, install sound amplifiers or any other thing or item on the exterior of the roof or outside of the building or the Premises. 4.6 Lessee shall not obstruct, encumber or use the parking areas, sidewalks, entrances, passages, vestibules, stairways, corridors and operate vending machines halls for the exclusive use of Tenant's employees any purpose other than ingress or egress to and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in from the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages parking only in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby delegated areas for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticesuch use.

Use of the Premises. 3.1 The Premises are being leased to Lessee for the purpose of operating therein a medical supply business. Lessee has inspected the Premises and satisfied itself that the Premises are acceptable, subject to completion of Lessor’s work, if any, for this purpose and represents that its intended use will not violate any federal, state, or local land use regulations or restrictions. Lessee may, upon the express written consent of Lessor which may be used withheld in Lessor’s absolute discretion, in addition thereto be granted the right to use the said Premises during the term hereof for other lawful purposes reasonably similar to the aforesaid operation. 3.2 During the term hereof Lessee shall, at its sole expense, observe and occupied comply with all local, state and federal laws, ordinances, statutes and regulations, whether currently in force or subsequently enacted, regulating Lessee’s specific use of the Premises. 3.3 Lessee agrees that the parking provided by Lessor as shown on Exhibit “B” attached hereto is sufficient for Lessee’s needs. Lessee agrees that it will not permit its employees, customers, vendors, or other persons providing products or services to it to park in any ------------------- lawful purpose consistent areas other than those designated on Exhibit “B”. 3.4 Lessee shall, at its sole expense during the term hereof, at all times perform such maintenance and repair as is necessary to keep the Premises in good working order, condition and repair, except for maintenance and repair to the air conditioning units and structural portions of the Premises, which (together with exterior portions of the building, its roof and the parking lot surfaces) shall be replaced, repaved, repaired and maintained, as appropriate, by Lessor, at Lessor’s sole expense. If Lessor is required to make repairs to structural or exterior portions of the building, its roof, or the parking lot surfaces, or any other portion of the Premises solely by reason of Lessee’s negligent acts or omissions to act, the cost of such repairs shall be deemed additional rent due and payable by Lessee immediately upon demand. Notwithstanding the foregoing, Lessee shall procure an annual service contract for the maintenance of the heating, ventilation, and air conditioning (“HVAC”) system servicing the Premises (including, but not limited to, cleaning and replacement of filters, repairs of leaks, and adjustment and replacement of belts and hoses). In the event of repairs or replacement exceeding $350.00 per occurrence, Lessor will be responsible for all amounts above $350.00, unless the repairs or replacement are solely attributable, directly or indirectly, to Lessee’s failure to have normal maintenance provided, in which event Lessee shall be solely responsible for the cost of repairs. 2021-01 Amerx Lease 164 January 26, 2021 3.5 Construction improvements, alterations, changes, or additions to the Premises shall not be commenced by Lessee without the prior written consent of Lessor, which may not be unreasonably withheld. All improvements, alterations, changes, or additions made or placed in or upon the Premises by Lessor or Lessee which, by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Lessor and shall remain upon and be surrendered with the operation Premises as part thereof at the termination, by lapse of a first-class office building in Chicagotime or otherwise, Illinois, provided that of the term herein granted. Nothing contained herein shall preclude Lessor from requiring Lessee to remove any such use improvements, alterations, changes, or additions that Lessee has made at Lessee’s sole cost and occupancy complies with all applicable building and zoning lawsexpense at the termination, codes and ordinances and such use is not dangerous to person by lapse of time or propertyotherwise, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building term herein granted. Upon notice of Lessor, Lessee shall make such removal and does not injure restore the reputation of Premises to the Buildingsame condition as received, reasonable wear and tear excepted. Tenant mayAll such improvements, if Tenant so electsalterations, install changes, and operate vending machines for additions during the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines term hereof shall be maintained by Lessee as specified in a neat and sanitary condition 3.4 above. 3.6 Lessee shall have no authority to incur, create, or permit, and shall comply with all applicable laws and ordinances. In additionnot incur, Tenant maycreate, if Tenant so electspermit, installor suffer, equip and operate one any lien for labor or more cafeterias materials or dining rooms services to attach to the interest or estate of either Lessor or Lessee in the Premises or in the building or other real estate of which the Premises form a part; and serve alcoholic beverages therein neither Lessee, nor any one claiming by, through or under Lessee, shall have any right to file or place any labor or material lien of any kind or character upon the Premises or the real estate of which the Premises form a part. All persons contracting with Lessee directly or indirectly or with any person who in turn is contracting with Lessee for the exclusive use construction of Tenant's employees any improvement, alteration, change or addition to the Premises are hereby charged with notice that as and inviteesfrom the date of this instrument, subject they must look to compliance with all applicable codes Lessee only to secure the payment of any bills or charges or claims for work performed or materials furnished or services rendered during the term hereof. Lessee shall indemnify and ordinances hold Lessor harmless and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against the Premises from any liability of Landlord cost, charge, expense or lien arising from such serving or on account of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approvalwork performed, Tenant shall have the right from time to time to the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticematerials furnished, or services rendered.

Use of the Premises. The Lessee shall use the Premises may be used and occupied for any ------------------- lawful purpose consistent with use permitted by law including applicable zoning provisions (the operation of a first-class office building in Chicago“Permitted Use”). Such Permitted Use may include, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use but is not dangerous limited to, medical and non-medical research and development, manufacturing, sales, warehousing and related office use, and mixing, examination, manufacturing, development and/or research of chemicals and/or biological materials. Lessee further agrees to person 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 property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb on any other tenant part of the Building and does not injure outside the reputation Premises, any signs, symbols, advertisement or the like visible to public view outside of the BuildingPremises without the prior consent of Lessor, which consent shall not be unreasonably withheld. Tenant mayWithout limitations, if Tenant so electslettering 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, (a) 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 Xxxxx, (x) to install a flag pole, and operate vending machines for (c) to install additional exterior building and monument signage from time to time through the exclusive term of this Lease. (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 governmental authority, Board of Fire Underwriters or any other similar body having jurisdiction, or insurance rating bureau; and shall keep the Premises equipped with all safety appliances or equipment required by any governmental authority, Board of Fire Underwriters or other similar body or governing insurance rating bureau by reason of the Lessee’s particular use of Tenant's employees the Premises or the location of partitions, trade fixtures or other contents of the Premises; and invitees shall procure all licenses, permits or other approvals required because of such use, it being understood that the foregoing provisions shall not be construed to dispense hot broaden in any way the Permitted Use of the Premises; (c) The Lessee, at its expense, shall comply with all rules, ordinances, orders, permit conditions and cold beveragesregulations of governmental authorities now or hereafter in force and with any lawful direction of any public officer, ice creamin each case to the extent the same are applicable to the Premises or the use and maintenance thereof. If the Lessee receives notice of any violation of law, candyordinance, food order, permit conditions or regulation applicable to the Premises or the use and cigarettesmaintenance thereof, it shall give prompt written notice thereof to the Lessor. Additionally, the Lessee shall comply with any reasonable rules and regulations imposed by the Lessor, provided that such machines shall be maintained in a neat rules and sanitary condition and shall comply regulations do not materially interfere with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the Lessee’s use of the Premises, Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total or Land as of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice this date and do not materially change any term of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation NoticeLease.

Use of the Premises. 3.1 The Premises may be used and occupied for any ------------------- lawful purpose consistent with are being leased to the operation of a first-class office building in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines Lessee for the exclusive use primary purpose of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinancesoperating general offices. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant Lessee shall have the additional right from time to time use the Premises during the term hereof for other lawful purposes reasonably similar to the aforesaid operations. 3.2 Lessee shall, at its sole expense observe and comply during the term with all municipal, state and federal laws, ordinances, statutes and regulations in force regulating the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for premises. 3.3 Lessee shall have access to 160 parking spaces located closest to the Premises and this number shall increase proportionally with the amount of space leased, up to the number of total spaces on the property. This assumes a total of 200 spaces and 62,000 square feet of total leasable space. Further, if Lessee alters their portion of the building, site, or parking rules for its employees and this increases parking spaces, all of the increase would inure to Lessee's parking allocation. In no event may Lessor, any other tenant or Lessee impede access, ingress or egress for any of the building's other occupants or Lessee. 3.4 Lessee shall at all times keep the premises in good order, condition and repair, except for structural portions of the premises, which (together with exterior portions of the building, its foundation, outer walls, varied conduits, roof, windows, doors, plate glass, the parking lot surfaces and lawn) shall be maintained by Lessor. If Lessor is required to make repairs to structural or exterior portions of the premises by reason of Lessee's negligent acts or omissions to act, the cost of such repair shall be deemed additional rent payable by Lessee upon demand. If Lessor fails to commence and proceed with reasonable diligence to complete its obligations to maintain the Premises as described in the first sentence of this Section 3.4, which includes exterior portions of the building, its roof, foundation, outer walls, varied conduits, the parking lot surfaces, windows, doors, plate glass and lawn, Lessee may after ten (10) days written notice to Lessor, perform such obligations on Lessor's behalf and deduct the cost of performing such obligations from the next rental payment coming due. 3.5 Lessee shall, at its sole expense during each Calendar Yearthe term hereof, expeditiously repair, maintain and keep the premises in good and clean condition including plumbing, mechanical and HVAC systems, so that the premises shall be, at the termination of this lease, in such condition. Tenant shall provide Landlord Lessee will accept responsibility for HVAC subject to Lessee's review of dated purchase and warranty agreements. 3.6 Interior works of construction, improvement or alteration which are non-structural in nature (i.e. which do not materially and detrimentally affect the structural integrity of structures on the premises) may be commenced by Lessee without the prior written consent thereto of Lessor. Works of construction, improvement or alteration which are structural in nature may be commenced by Lessee only with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice")Lessor's written consent, which consent Lessor agrees not to unreasonably or arbitrarily withhold. Landlord All such additions must be maintained as specified in 3.5 above. 3.7 Each such work or repair, construction, improvement or alteration accomplished by Lessee shall be deemed at its sole expense, and Lessee shall save and hold Lessor and the premises free of and harmless from any cost, charge, expense or lien arising from or on account of such work. This provision excludes Lessor's build out allowance obligations described in Section 3.8. 3.8 Lessee agrees to complete the build out of the Premises substantially in accordance with the Preliminary Plans and Specifications in Exhibit "D" attached hereto and made an integral part of this Lease. No minor change from the Preliminary Plans and Specifications, which may be necessary during the preparation of the Premises for Lessee shall validate change or affect this Lease. Any material change to the Preliminary Plans and Specifications shall require the consent of Lessor. All construction work and services will be provided by licensed Florida contractors and subcontractors. All plans must be approved by Lessor. Lessor will fund 65% of the construction costs associated with the initial build out, as such fees and costs are incurred up to $75,000 on a draw completion basis for the build out of the Premises. Furthermore, Lessor will be responsible, in addition to the $75,000 build out allowance, for any modification, change order or alterations required by any governmental unit that are not part of the Initial Plans and Specifications. 3.9 Lessee will have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt pro-rata share of a Presentation Noticeallowable rights for signage based on Lessee's percentage of the building's square footage occupied by Lessee and Lessee's signage will be separate from any other building tenant. Lessee shall be responsible for the costs of any signs.

Use of the Premises. The Premises may be used and occupied for any ------------------- lawful purpose consistent with the operation of a first-class office building in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's ’s insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's ’s employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's ’s employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's ’s reasonable approval and implemented appropriate pest control measures. Subject to Landlord's ’s reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby for Tenant sponsored presentations (a "“Presentation"”) for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "“Presentation Notice"”). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Notice.

Use of the Premises. 3.1 The Premises are being leased to Lessee for the purpose of operating therein a medical supply business. Lessee has inspected the Premises and satisfied itself that the Premises are acceptable, subject to completion of Lessor’s work, if any, for this purpose and represents that its intended use will not violate any federal, state, or local land use regulations or restrictions. Lessee may, upon the express written consent of Lessor which may be used withheld in Lessor’s absolute discretion, in addition thereto be granted the right to use the said Premises during the term hereof for other lawful purposes reasonably similar to the aforesaid operation. 3.2 During the term hereof Lessee shall, at its sole expense, observe and occupied comply with all local, state and federal laws, ordinances, statutes and regulations, whether currently in force or subsequently enacted, regulating Lessee’s specific use of the Premises. 3.3 Lessee agrees that the parking provided by Lessor as shown on Exhibit “B” attached hereto is sufficient for Lessee’s needs. Lessee agrees that it will not permit its employees, customers, vendors, or other persons providing products or services to it to park in any ------------------- lawful purpose consistent areas other than those designated on Exhibit “B”. 3.4 Lessee shall, at its sole expense during the term hereof, at all times perform such maintenance and repair as is necessary to keep the Premises in good working order, condition and repair, except for maintenance and repair to the air conditioning units and structural portions of the Premises, which (together with exterior portions of the building, its roof and the parking lot surfaces) shall be replaced, repaved, repaired and maintained, as appropriate, by Lessor, at Lessor’s sole expense. If Lessor is required to make repairs to structural or exterior portions of the building, its roof, or the parking lot surfaces, or any other portion of the Premises solely by reason of Lessee’s negligent acts or omissions to act, the cost of such repairs shall be deemed additional rent due and payable by Lessee immediately upon demand. Notwithstanding the foregoing, Lessee shall procure an annual service contract for the maintenance of the heating, ventilation, and air conditioning (“HVAC”) system servicing the Premises (including, but not limited to, cleaning and replacement of filters, repairs of leaks, and adjustment and replacement of belts and hoses). In the event of repairs or replacement exceeding $350.00 per occurrence, Lessor will be responsible for all amounts above $350.00, unless the repairs or replacement are solely attributable, directly or indirectly, to Lessee’s failure to have normal maintenance provided, in which event Lessee shall be solely responsible for the cost of repairs. 2021-01 Amerx Lease 172 January 26, 2021 3.5 Construction improvements, alterations, changes, or additions to the Premises shall not be commenced by Lessee without the prior written consent of Lessor, which may not be unreasonably withheld.. All improvements, alterations, changes, or additions made or placed in or upon the Premises by Lessor or Lessee which, by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Lessor and shall remain upon and be surrendered with the operation Premises as part thereof at the termination, by lapse of a first-class office building in Chicagotime or otherwise, Illinois, provided that of the term herein granted. Nothing contained herein shall preclude Lessor from requiring Lessee to remove any such use improvements, alterations, changes, or additions that Lessee has made at Lessee’s sole cost and occupancy complies with all applicable building and zoning lawsexpense at the termination, codes and ordinances and such use is not dangerous to person by lapse of time or propertyotherwise, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building term herein granted. Upon notice of Lessor, Lessee shall make such removal and does not injure restore the reputation of Premises to the Buildingsame condition as received, reasonable wear and tear excepted. Tenant mayAll such improvements, if Tenant so electsalterations, install changes, and operate vending machines for additions during the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines term hereof shall be maintained by Lessee as specified in a neat and sanitary condition 3.4 above. 3.6 Lessee shall have no authority to incur, create, or permit, and shall comply with all applicable laws and ordinances. In additionnot incur, Tenant maycreate, if Tenant so electspermit, installor suffer, equip and operate one any lien for labor or more cafeterias materials or dining rooms services to attach to the interest or estate of either Lessor or Lessee in the Premises or in the building or other real estate of which the Premises form a part; and serve alcoholic beverages therein neither Lessee, nor any one claiming by, through or under Lessee, shall have any right to file or place any labor or material lien of any kind or character upon the Premises or the real estate of which the Premises form a part. All persons contracting with Lessee directly or indirectly or with any person who in turn is contracting with Lessee for the exclusive use construction of Tenant's employees any improvement, alteration, change or addition to the Premises are hereby charged with notice that as and inviteesfrom the date of this instrument, subject they must look to compliance with all applicable codes Lessee only to secure the payment of any bills or charges or claims for work performed or materials furnished or services rendered during the term hereof. Lessee shall indemnify and ordinances hold Lessor harmless and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against the Premises from any liability of Landlord cost, charge, expense or lien arising from such serving or on account of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approvalwork performed, Tenant shall have the right from time to time to the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticematerials furnished, or services rendered.

Use of the Premises. The Lessee shall use the Premises only for medical and non-medical research and development, manufacturing, sales, warehousing and related office use (the "Permitted Use"). Such Permitted Use may be used and occupied for any ------------------- lawful purpose consistent with the operation of a first-class office building in Chicagoinclude, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use but is not dangerous limited to, mixing, examination, manufacturing, development and/or research of chemicals and/or biological materials. Lessee further agrees to person 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 property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb on any other tenant part of the Building and does not injure outside the reputation Premises, any signs, symbols, advertisement or the like visible to public view outside of the BuildingPremises without the prior consent of Lessor, which consent shall not be unreasonably withheld. Tenant mayWithout limitations, if Tenant so electslettering 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 and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beveragesa flag pole. b) The Lessee, ice creamat its expense, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws rules, ordinances, orders, regulations and ordinances. In additionrequirements of any Board of Fire Underwriters, Tenant mayor 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, if Tenant so electsor bring or keep anything therein, installexcept as now or hereafter permitted by any governmental authority, equip Board of Fire Underwriters or any other similar body having jurisdiction, or insurance rating bureau; and operate one or more cafeterias or dining rooms in shall keep the Premises and serve alcoholic beverages therein for equipped with all safety appliances or equipment required by any governmental authority, Board of Fire Underwriters or other similar body or governing insurance rating bureau by reason of the exclusive Lessee's particular use of Tenant's employees and inviteesthe Premises or the location of partitions, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability trade fixtures or other contents of Landlord arising from such serving of alcoholic beverages in the Premises; and (bshall procure all licenses, permits or other approvals required because of such use, it being understood that the foregoing provisions shall not be construed to broaden in any way the Permitted Use of the Premises; c) Tenant has made all appropriate utility modifications The Lessee, at its expense expense, shall comply with all rules, ordinances, orders, permit conditions and subject to Landlord's reasonable approval regulations of governmental authorities now or hereafter in force and implemented appropriate pest control measures. Subject to Landlord's reasonable approvalwith any lawful direction of any public officer, Tenant shall have the right from time to time in each case to the extent the same are applicable to the Premises or the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Notice.and

Use of the Premises. 5.01. The Leased Premises may be used by Lessee for hunting, grazing, electric generation by windpower, and occupied range and wildlife management and research, and for any ------------------- lawful other purpose consistent with ancillary thereto. Except to the operation of a first-class office building extent that modification is reasonably necessary for Xxxxxx’s authorized use, the Leased Premises are to remain in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant their current topographical condition during the term of the Building and does not injure Lease. Lessee is specifically prohibited from removing or allowing the reputation use by others of the BuildingLeased Premises for mining, hauling, or otherwise removing rock, sand, gravel, aggregate, or other such materials, off the leased premises without Lessor’s prior express written approval. 5.02. Tenant may, if Tenant so elects, install and operate vending machines The carrying capacity for grazing under this Lease shall be three hundred (300) animal units for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinancesLeased Premises. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable Lessee may not exceed this rate without Lessor’s prior express written approval, Tenant which shall have the right from time to time to not be unreasonably withheld. 5.03. Lessee shall not use or permit the use of the Building lobby Leased Premises for Tenant sponsored presentations any illegal purpose. Lessee and its officers, employees, agents and invitees will comply with, all applicable federal, State and local laws, ordinances and rules concerning the use of the Leased Premises. 5.04. Lessor shall not after the execution of this lease grant easements, rights of way and/or other permits authorizing the use of the Leased Premises without express written consent of Lessee, which consent shall not be unreasonably withheld. 5.05. Lessor reserves the right to enter upon the Leased Premises at any time with or without prior notice to Lessee to inspect the condition thereof and/or take action authorized by this Lease. Lessee shall provide Lessor with keys or combinations to all locks which may limit access to the Leased Premises upon request by Lessor. 5.06. Lessor reserves unto itself all of the oil, gas, and other minerals, all geothermal resources, and all commercial groundwater and groundwater 1ights under the Leased Premises; provided, however, that Lessee is permitted to use such waters located on the Leased Premises, to the extent and in an amount ordinarily and reasonably necessary, for the purpose of watering Lessee’s livestock and/or wildlife, and/or domestic purposes. Lessee recognizes that Lessor seeks to commercially develop groundwater on the Leased Premises, and Xxxxxx hereby consents to same and shall not unreasonably interfere with same. The Leased Premises are subject to the prospecting, production, and development of commercial groundwater, including reasonable access thereto. Xxxxxx specifically acknowledges that Xxxxxx intends to use the Leased Premises for range and wildlife management and research, hunting, grazing, and electric generation by windpower development and Xxxxxx expressly agrees not to unreasonably interfere with same. Lessor may develop its minerals on any of the tracts on the Leased Premises during the term of the Lease. Lessor may also develop sand, gravel, rhyolite, gypsum and limestone except that: 1) sand and gravel may only be developed in the area that is within two miles of the north right of way line of interstate highway I-10, and 2) rhyolite may only be developed after the second anniversary date of October 21, 2003. Prospecting, production and processing, including reasonable access thereto, may include sand, gravel, gypsum, limestone, and rhyolite (as limited above), and minerals, including, but not limited to, beryllium, fluorspar, tin, uranium, base or precious metals, thorium, niobium, tantalum, rare earth elements, industrial minerals and mineral substances that are contained in or are necessarily and actually produced in conjunction with or incidental to these named minerals. Lessor agrees that in developing such minerals and sand, gravel, rhyolite, gypsum and limestone, the following conditions shall apply, and shall be included in any contract or lease relating to the same. There shall be: 1. No mining during antelope and mule deer centerfire rifle hunting season; 2. No mining operations other than between xxxx and dusk; 3. No hunting; 4. No lights at night other than those reasonably necessary for security and safety. 5.07. Lessee shall implement a "Presentation"sound soil and water conservation plan for the Leased Premises, subject to Lessor’s approval. Lessee will develop the plan in cooperation with the Lessor and/or the U.S. Department of Agriculture Natural Resources Conservation Service. Lessee shall file the plan with Lessor within six (6) for up months of execution of the lease. 5.08. A. No construction, land modifications or excavation, or permanent property improvements other than those necessary to effectuate the purposes of this lease may be allowed or undertaken without Lessor’s prior express written consent, which shall not be unreasonably withheld or delayed. At Lessor’s request, Xxxxxx shall provide drawings and other information reasonably requested by Xxxxxx regarding any proposed improvements. All construction work done by Lessee on Leased Premises shall be performed in a good and workmanlike manner, and in compliance with all governmental requirements. Xxxxxx agrees to indemnify Lessor and hold Lessor harmless against any loss, liability or damage resulting from any such construction work, and the operation or maintenance of all improvements. All improvements installed by Lessee shall remain the property of Lessee subject to the rights the Lessor may have after the termination of this Lease as set forth herein. Lessee may not maintain or allow any nuisances or public hazards on the Leased Premises, and shall be under a duty to xxxxx or remove any activity or property constituting or contributing to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticehazard or nuisance.

Use of the Premises. The 10.1.1. During the Due Diligence Period, Lessee may use the Premises solely in the manner permitted in Section 3.2 of this Lease. Thereafter, provided Lessee has not terminated this Lease pursuant to Section 3.2 above, Lessee may use the Premises for the construction and operation of a hotel meeting the Hotel Standard, including guest rooms, reception and lobby areas, and uses customarily related to, or in connection with, providing hotel guests and invitees services such as storage, back of the house, health club, food and beverage services, conference space, and offices. 10.1.2. Following the termination of the Due Diligence Period and provided Lessee has not terminated this Lease pursuant to Section 3.2 of this Lease, Lessee may use the Office Space for office uses and the Retail Space for retail uses. Such office uses and retail uses (including interior and exterior displays of merchandise and related signage) shall be used and occupied for any ------------------- lawful purpose consistent commensurate with the operation of a first-class office building in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant hotel at the Hotel Standard. 10.1.3. Following the termination of the Building Due Diligence Period and does provided Lessee has not injure terminated this Lease pursuant to Section 3.2 of this Lease, Lessee may operate a restaurant and bar in the reputation Restaurant Space commensurate with the operation of a restaurant and bar at the BuildingHotel Standard. 10.1.4. Tenant may, if Tenant so elects, install and operate vending machines Lessee may amend or change the authorized uses for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability the prior written approval of Landlord arising from such serving Lessor which approval or disapproval shall not be unreasonably withheld or delayed. Proposed changes of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby Premises shall be approved unless Lessor determines, in the reasonable exercise of its discretion, such use to be inconsistent with Applicable Laws or with the objectives of the Lease including the potential for Tenant sponsored presentations (income to the Lessor. 10.1.5. The Parties hereby acknowledge and agree that Lessee’s covenant that the Premises shall be used as set forth in this Section 10 is material consideration for Lessor’s agreement to enter into this Lease. 10.1.6. Without limitation of the foregoing, or any other provision of this Lease, in no event shall the Premises be used for any purpose that is in violation of any Applicable Laws; that may be dangerous to life, limb, property or public health; that in any manner causes, creates, or results in a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice nuisance; that is of a Presentation (nature that it involves substantial hazard, such as the "Presentation Notice"). Landlord shall be deemed manufacture or use of explosives, chemicals or products that may explode, or that otherwise xxxxx the health or welfare of persons in the physical environment; or that results in any discharge of Hazardous Materials on the Premises in violation of Section 22 of this Lease, including but not limited to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt the disposing or discharging of a Presentation Noticesuch substances into, on or under the Premises.

Use of the Premises. The Premises Lessee does hereby covenant and agree that: Lessee shall use and operate the premises hereunder in accordance with good ranching and conservation practices. a. Lessee shall use the leased premises solely for the purpose of conducting and operating its business together with such other related uses as shall be reasonable accessory thereto and for no other purposes. It shall not use the leased premises for any purpose prohibited by the laws of the United States, the State of New Mexico, or the ordinances of the City of Roswell. b. Lessee shall conduct and operate its business in such a manner so as to prevent the performance of any act, creation, or maintenance of anything which in the opinion of the Lessor may be used and occupied for or become a nuisance of otherwise noxious or objectionable condition including, but not limited to, any ------------------- lawful purpose consistent with act or thing resulting in noise, vibration, shock, smoke, dust, odor, other forms of air pollution, or other condition, substance, or element in such amounts as to affect the operation of a first-class office building in Chicago, Illinois, provided that surrounding area or adjoining premises. The Lessor shall be the sole judge as to whether any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use act done or things created or maintained by Lessee on the leased premises is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create may become a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary otherwise noxious or objectionable condition and Lessee agrees to abide by Lessor’s decision and act in accordance with its directions with respect thereto. c. Water troughs/tanks, fences, and corrals are the responsibility of Lessee. It will be the Lessee’s responsibility to check troughs/tanks for freeze-ups and water availability. Lessee may use the two (2) City xxxxx on the premises. Lessee must furnish and maintain watering tanks. Lessor shall comply with all applicable laws not be responsible for electrical failures. d. Cattle may be moved on or off Xxxx ranch property during hours authorized by Lessor, normally between the hours of 8 am and ordinances5 pm, weekdays excluding holidays. In additionLessee must notify the representatives as specified herein, Tenant mayby telephone or letter at least 3 working days prior to moving cattle on or off the range, if Tenant so electsspecifying the time and place on Xxxx ranch property when cattle will be loaded and unloaded. e. Lessee hereby acknowledges that solar arrays may be installed adjacent to existing City water xxxxx. Perimeter/security fencing will be installed around the arrays, installthereby, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the restricting use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up arrays to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticeauthorized personnel.

Use of the Premises. The ‌ 10.1 During the Term, Lessee will use the each of the Constituent Premises may be used solely for the following uses: a. Lessee will use the Restaurant Premises solely for the purpose of the operation of (i) one (1) full service, fine-dining restaurant serving food, non-alcoholic beverages and, with the appropriate Liquor License (as defined below), alcoholic beverages for the on-site consumption, (ii) one (1) casual bistro-style restaurant serving food, non-alcoholic beverages and, with the appropriate Liquor License, alcoholic beverages for the on-site consumption, (iii) banquet facilities, (iv) a retail gift shop, (v) an offsite catering service and occupied (vi) other ancillary uses related thereto. b. Lessee will use the Lookout Café Premises solely for any ------------------- lawful the purpose consistent with of the operation of a firstcafé-class office building in Chicago, Illinois, provided that any such style restaurant offering counter service and providing food and non-alcoholic beverages for on-site or off-site consumption. c. Lessee will use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant the Parking Lot Premises solely for the purpose of the Building and does not injure the reputation operation of a valet parking service for patrons of the BuildingRestaurant Premises. 10.2 Lessee may amend or change the authorized uses for a Constituent Premises only upon the receipt of the prior written approval of Lessor, which approval or disapproval will be given or withheld in Xxxxxx’s sole and absolute discretion. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms No change in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use uses of the Building lobby Premises will be approved unless Lessor, among other matters, determines the proposed use to be consistent with 36 CFR Part 18, the Park’s General Management Plan, and all other Applicable Laws and Requirements, and that the proposed change will not have an adverse impact on Xxxxxx’s ability to manage and protect the Park’s resources and visitors. 10.3 The Parties hereby acknowledge and agree that Xxxxxx’s covenant that the Premises will be used as set forth in this Section 10 is material consideration for Tenant sponsored presentations (a "Presentation") for up Lessor’s agreement to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticeenter into this Lease.

Use of the Premises. 4.1 The Occupier is to use the Premises may be used and occupied only for any ------------------- lawful purpose consistent with the operation of a first-class office building in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use Authorised Use. 4.2 The Occupier is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant use the Premises outside the Authorised Hours without first obtaining the prior written consent of the Building Owner (such consent to be granted in the Owners absolute discretion) and does not injure in the reputation event that consent is granted by the Owner to the Occupier to use the Premises outside of the Building. Tenant may, if Tenant so elects, install and operate vending machines for Authorised Hours the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and Occupier shall comply with all applicable laws reasonable requirements which the Owner may impose as part of granting that consent and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in meet all additional costs which the Owner incurs as a consequence of using the Premises and serve alcoholic beverages therein for outside of the exclusive use of Tenant's employees and inviteesAuthorised Hours. 4.3 The Occupier is not to create any nuisance, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord damage or disturbance arising from such serving its use and occupation of alcoholic beverages in the Premises; . 4.4 The Occupier is to keep the Premises tidy and (b) Tenant has made all appropriate utility modifications at its expense not to create any fire or health hazard and subject generally to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to behave responsibly in respect of the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up Premises at all times, particularly as regards noise, cleanliness, security and safety. The Occupier will not cause any obstruction of the Common Areas or any other part of the Owner’s Property and will not allow such areas to a total become untidy by its actions. 4.5 No equipment plant apparatus or materials of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord any description shall be deemed used or stored in the Premises by the Occupier without the prior written consent of the Owner (such consent not to have approved a Presentation if Landlord does be unreasonably withheld or delayed) provided always that the Occupier shall be permitted to store computers stationery supplies and other office equipment reasonably required in connection with the Authorised Use without the need to obtain the Owners prior written consent. 4.6 Notwithstanding the provisions of clause 4.5 the Occupier is not object to bring any hazardous materials onto the Premises. 4.7 The Occupier is not to display any signs or notices on the Premises unless permitted to do so in writing by the Owner. 4.8 The Occupier is to Tenant comply with any requirements and/or regulations made by the Owner governing the use and occupation of the Premises or the exercise of the rights granted to the Occupier by this Licence. 4.9 The Occupier may use such of the Use Assets and Controlled Assets (as defined in the Service Delivery Agreement) within seven the Premises or the Owner’s Property as is reasonably necessary for the purposes of performing the Occupiers obligations under the Service Delivery Agreement provided that in using such equipment the Occupier shall satisfy itself that the equipment is suitable for its purposes is safe in all respects and shall indemnify the Owner against any damage caused or loss sustained (7whatsoever and howsoever) days after receipt as a consequence of a Presentation Noticethe use of that equipment.

Use of the Premises. 4.1 The Tenant shall use and occupy the Premises may be used and occupied for any ------------------- lawful legal use; provided, however, the Tenant shall not use or occupy the Premises for any purpose consistent that would violate the Landlord’s Tribal-State Gaming Compact with the operation State of California or any other gaming laws to which the Landlord or the Tenant is subject; and provided, further, that the Tenant shall not use or occupy the Premises for any purpose that would violate the Landlord’s obligations to the Lender pursuant to the Deed of Trust, the Note or the Purchase and Sale Agreement (as amended) pursuant to which the Landlord purchased the Premises from the Lender. 4.2 The Tenant shall not use or occupy the Premises in violation of the law or in such a first-class office building in Chicagomanner as to constitute a nuisance. The Tenant shall, Illinoisupon five (5) business days’ written notice from the Landlord, provided that immediately discontinue any such use and occupancy complies of the Premises which is declared, by any governmental authority having jurisdiction, to be a violation of law. 4.3 The Tenant shall at all times comply with the requirements of all applicable building federal, state and zoning local health and safety laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws regulations and ordinances. In addition, Tenant mayincluding, if Tenant so elects(collectively, installthe “Laws”), equip and operate one or more cafeterias or dining rooms in to the extent that the Laws apply to the Premises and serve alcoholic beverages therein any activities thereon. 4.4 The Tenant shall use the Easement Area for the exclusive purposes described in Section 3 above. 4.5 The Tenant shall be entitled to use all portions of the Premises other than the Easement Area for commercial and agricultural uses, and all profits from the cultivation of any crops (including without limitation the vineyards) now or hereafter located on the Premises, during the term of this Lease shall be payable to the Tenant's employees and invitees, . The Tenant acknowledges that the Premises are subject to compliance with the leases described in Exhibit G (the “Existing Leases”). The Tenant’s rights under this Lease are subject and subordinate to the rights of the tenants under the Existing Leases. As a material part of the consideration for the Tenant’s agreement to lease the Premises and make the payments of Rent hereunder, the Landlord hereby assigns to the Tenant all applicable codes and ordinances and provided (a) rental payments made by the tenants under the Existing Leases during the term of this Lease. The Tenant has delivered agrees that, prior to Landlord certificates evidencing satisfactory insurance against exercising any liability of Landlord arising from such serving of alcoholic beverages in rights under the Existing Leases, amending the Existing Leases, entering into any new leases for the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, or entering into any new commercial or agricultural operations on the Premises, the Tenant shall have obtain the right from time to time to Landlord’s prior written consent, which consent may be given by the use Landlord’s Board of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation NoticeDirectors.

Use of the Premises. 4.1 The Premises may shall be used by the Tenant solely for the purpose provided for in Article One above, and occupied for any ------------------- lawful no other use or purpose consistent with without the operation prior written consent of a first-class office building in Chicago, Illinois, provided Landlord. 4.2 Tenant further covenants and agrees that any such its use and occupancy complies of the Premises shall strictly comply with all applicable and not involve any violation of any federal, state or municipal statute, rule, ordinance or zoning law or any regulation, rule or directive of any governmental or regulatory agency as may now exist or may hereafter exist concerning the use, operation or safety of the Premises. In addition, Tenant covenants and agrees to operate the Premises in conformance with the Rules and Regulations which are attached to this Agreement as Exhibit "F", and made a part hereof. Tenant shall not use the Premises or the building in which the Premises are contained for any purpose that will increase the insurance rate or risk of the building above that which is customary and zoning lawsnormal for the uses set forth above and, codes and ordinances and in such use is event, Landlord, as an additional remedy for the violation of this provision, may elect to recover, as "Additional Rental" (defined below), the total cost of such increase from Tenant, without contribution of other tenants of the Business Park. (See Article 8. 4.3 All damages to the Premises, the Common Areas or the building in which the Premises are contained, caused by Tenant's negligence, shall be repaired at Tenant's expense. Tenant shall not dangerous commit waste or allow waste to person be committed on the Premises or property, does the Common Areas. Tenant shall not invalidate perform any acts or increase Landlord's insurance premiums, does not create carry on any practices which will constitute a nuisance or unreasonably disturb any menace, or be offensive, to the other tenant tenants or occupants or to the general public. Tenant shall keep the Premises, its use of the Building Common Areas and does all its improvements in sound condition, in good repair and safe for the incidental use of its business invitees. 4.4 Tenant shall not make or permit any noise or odor that is objectionable to the public, to other tenants of the Business Park or to Landlord to emanate from the Premises and shall not create or maintain a nuisance thereon. Tenant shall not disturb, solicit or canvas the users of the Common Areas without the consent of Landlord and shall not do any act tending to injure the reputation of the Building. Tenant mayLandlord or the Business Park. 4.5 Lessee shall not place or permit any radio antenna, if Tenant so electsloud speakers, install sound amplifiers or any other thing or item on the exterior of the roof or outside of the building or the Premises. 4.6 Lessee shall not obstruct, encumber or use the parking areas, sidewalks, entrances, passages, vestibules, stairways, corridors and operate vending machines halls for the exclusive use of Tenant's employees any purpose other than ingress or egress to and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in from the Premises and serve alcoholic beverages therein for parking only in the delegated areas for such use. 5.1 The total agreed rental (the "Rental") for the exclusive use term of Tenant's employees this Lease is the sum of: (i) the "Minimum Rental" (defined below) and invitees, subject to compliance with all applicable codes and ordinances and provided (ii) the "Additional Rental" (defined below). (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages The Minimum Rental for the lease term shall be in the Premises; and amount provided in Article One. In the event the first day of the lease term shall not be the first day of a calendar month, then the rental for the first month of the term shall be prorated on a daily basis. (b) Tenant has made all appropriate utility modifications shall pay the Minimum Rental, in advance, in equal monthly installments as provided in Article One. (c) An amount equal to the first installment of Minimum Rental payment shall be paid by Tenant upon the execution of this Lease. Tenant will receive, on any prorated minimum rent due and for the first full month's minimum rent due a credit in an amount equal to this installment. Any minimum rental for the first full month under this Lease for which minimum rental is payable, after the application of the above described credit, will be due on or before the first day of the month to which it is applicable. other installments of the minimum rental payment shall be due on or before the first day of the month to which it is applicable and the rental obligation of Tenant shall be deemed delinquent if any given monthly installment is not received by Landlord on or before the fifth day of the month in which it is due. Any Additional Rental or Rental Adjustments which are not paid within five (5) days of when they are due shall be deemed delinquent. All rentals shall be paid by Tenant without any right of offset or deductions therefrom for any purpose. All rent is, and shall be, payable in legal tender at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, address as set forth herein for notice or at such other address as Tenant shall have the right may be directed from time to time to the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior by notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticefrom Landlord.

Use of the Premises. The Premises may be used and occupied for any ------------------- lawful purpose consistent with the operation of a first-class office building in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered In the conduct of its business, the Contractor covenants and agrees to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in restrict its activities on the Premises; Premises to only those authorized by this Contract and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to not use or permit the use of the Building lobby Premises for Tenant sponsored presentations (a "Presentation") for up any other purpose, nor shall it vacate the Premises prior to a total the termination or expiration of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object this Contract unless authorized in writing in advance by the Airports Authority. (b) The Contractor shall use the Premises solely for the rental of passenger motor vehicles to Tenant the public and the related provision of gasoline, loss and collision damage waiver protection, insurance (including but not limited to personal injury insurance), children's car seats, mobile telephones, navigation systems and such other services, items and equipment reasonably associated with the rental of passenger motor vehicles. Any additional uses require prior written approval of the Airports Authority. (c) The Contractor may rent to the public any type of passenger motor vehicle, including vans, sport utility vehicles, pickup trucks, and station wagons. The terms "passenger motor vehicle,” “automobile” or “car” shall not include other types of trucks, motorcycles, and large special purpose vehicles. (d) Except for its corporate signs approved in advance by the Airports Authority and except as otherwise authorized by the Airports Authority in writing, the Contractor shall not display nor shall it permit others to display any signs, brochures, racks, promotional materials or similar items on telephone boards or elsewhere within seven the Main Terminal. (7e) days after receipt The Contractor shall not conduct used car sales activities on the Airport. Any business activities other than those expressly granted by this Contract shall not be conducted on the Airport without the prior written approval of a Presentation Noticethe Airports Authority. (f) The Contractor shall not conduct any activity not specifically authorized by this Article 3, or any activity which in the sole judgment of the Airports Authority, conflicts with the rights granted by the Airports Authority to other non-rental car concessionaires, or would not relate to an Airport purpose or product or service related to the rental of automobiles. (g) The Premises shall not be used for the long-term storage of disabled, damaged, destroyed, or inoperable vehicles. The Contractor shall promptly remove all damaged, destroyed, or inoperable vehicles and shuttle buses from the Premises and the Airport, unless such vehicles are required to be held by the Contractor pending completion of an accident investigation or legal proceeding.

Use of the Premises. The Premises may be used and occupied for any ------------------- lawful purpose consistent with 4.01 During the operation of a first-class office building in ChicagoTerm, Illinois, provided that any such Xxxxxx’s use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure Premises shall be limited to the reputation purposes of the Building. Tenant may, if Tenant so elects, install and operate vending machines providing for the exclusive use purpose of Tenant's employees providing workforce development and invitees to dispense hot and cold beveragesjob placement supportive services, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or as defined more cafeterias or dining rooms specifically in the Premises EXHIBIT B attached hereto and serve alcoholic beverages therein incorporated herein by reference (the “Use”), and for the exclusive use of Tenant's employees related purposes which are incidental to and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to necessary for the use of the Building lobby Premises for Tenant sponsored presentations (a "Presentation") this Use. 4.02 Lessor makes no implied or express representations or warranties as to either the Facility’s or the Premises’ fitness for up any purpose whatsoever, including but not limited to a total the Use set forth herein. By executing this Agreement, Xxxxxx acknowledges that it has received and accepted the Premises “as is” and is satisfied with the Premises’ condition. 4.03 Xxxxxx’s occupation of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord Premises for the Use shall be deemed exclusive, subject to the terms and conditions of this Agreement. 4.04 Lessee shall have approved a Presentation if Landlord does the nonexclusive right to use the entrances, lobby, accessways, hallways, lavatories, stairways, parking areas, and landscaped areas at the Facility that are designated for the nonexclusive common use of all other Lessees and parties authorized by Lessor to access the Facility. Consistent therewith, Xxxxxx shall not object interfere with neither Xxxxxx’s nor any other authorized party’s use and enjoyment of the remainder of the Facility and must obtain Xxxxxx’s prior written approval before making use in any way of any area located in/at the Facility. 4.05 Except as expressly provided herein, Lessee shall not have the right to use the roof, electrical closes, janitorial closets, mechanical rooms, or any other non-common or nonpublic areas of the Facility. 4.06 Lessee shall remain solely responsible for applying for and obtaining all permits, licenses, and other approvals required to perform the Use at the Premises. Lessor may request in writing documentation or proof of these approvals, and Lessee shall deliver such proof to Tenant within seven (7) days after Lessor upon receipt of a Presentation NoticeXxxxxx’s written request. 4.07 Lessee shall remain solely responsible for safeguarding the personal property and materials used at the Premises, including Xxxxxx’s own properties and materials, while using the Premises pursuant to this Agreement.

Use of the Premises. 2.1 The Lessor shall grant the Premises may to the Lessee for using on the following purpose: [ * ]. [ * ] 2.2 The Lessor shall deliver the Premises into the Lessee's possession on providing the Lessee has paid the advance payment and Security in full, if required by the Agreement. The Parties shall prepare delivery and acceptance deed to be used signed by both Parties regarding the delivery of the possession of the Premises to the Lessee, in which the condition of the Premises and occupied for any ------------------- lawful purpose consistent with the operation readings of a first-class office building in Chicago, Illinois, provided metering devices are recorded. After signing by both Parties the delivery and acceptance deed shall become an inseparable annex to this Agreement. With the signing of the delivery and acceptance deed the Lessee shall represent and warrant that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use it is not dangerous aware prior to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant the conclusion of the Agreement of the condition of the Building and does not injure the reputation Premises, their technical equipment and also of the Buildingexisting layout of the rooms; and warrants also that the Premises comply with the Agreement and the conditions prescribed by the Lessee and the Lessee has no claims or complaints regarding the Premises that are not stated in the delivery and acceptance deed. Tenant may, if Tenant so elects, install The Lessee is also considered to have waived any claims regarding the non-conformity of the Building and operate vending machines for Premises to the exclusive Agreement. 2.3 The Lessee shall not be entitled to refuse from signing the delivery and acceptance deed of the Premises or from accepting the Premises unless circumstances exist that prevent the purposeful use of Tenant's employees the Premises. In case the Lessee refuses unreasonably to accept the Premises or to sign the delivery and invitees acceptance deed, the Premises are considered accepted by the Lessee and the payment obligation of the payments under this Agreement shall commence from the date when the Lessee was obliged to dispense hot accept the Premises in accordance with the Agreement. 2.4 In case it appears after the signing of the Agreement that the actual area of the Premises differs from the area specified in the Agreement, the Parties shall thereafter take into account the actual area of the Premises, but any Rent or Accessory Cost that was paid excessively or less due to larger or smaller area provided in the Agreement shall not be refunded, set off or paid extra or indemnified in any other manner. 2.5 In case the Lessee wishes to perform additional internal changes or reconstruction works at the Premises prior to delivery of the Premises to the Lessee, then the Parties shall agree separately in writing on the exact contents, schedule and cold beveragesother conditions of such works. In case the changes or reconstruction works mentioned in this clause require monetary investments from the Lessor, ice cream, candy, food and cigarettes, provided that such machines then the Lessor is entitled to request an increase in Rent. The changes in the Rent amount shall be maintained agreed upon in a neat and sanitary condition and shall comply with all applicable laws and ordinancesan annex to the Agreement. In additioncase the Parties do not reach agreement regarding the increase in Rent, Tenant may, if Tenant so elects, install, equip and operate one the Lessor shall be released from obligation to perform the internal changes or more cafeterias or dining rooms reconstruction works in the Premises and serve alcoholic beverages therein under the Lessee's instructions. 2.6 The Lessor shall not be liable for the exclusive use activities of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages the Lessee in the Premises; . The Lessee shall obtain and (b) Tenant has made keep valid throughout the validity term of the Agreement any and all appropriate utility modifications permits that are required in order to outfit the Premises or to use these for the purposes of the Lessee's economic activities. The Lessee shall obtain all such permits at its own expense and subject shall bear any other risks, expenses and damages related to Landlordits economic activities in the Premises, incl. in relation to requirements related to fire safety, occupational safety, health, trading, advertising etc. The Lessee shall also be obliged to ensure the fulfilment of any precepts issued by the authorities. The Lessor shall not be obliged to make any efforts or acquire any obligations toward the Lessee in relation to the obtaining of the aforementioned permits not is the Lessor liable in case the Building, the Premises or their documentation is not in compliance with the requirements applied to the economic activities of the Lessee or are the prerequisites for the validity of the Lessee's reasonable approval and implemented appropriate pest control measures. Subject to Landlordinsurance. 2.7 In case Lessor's reasonable approval, Tenant shall have the right from time to time to property is given into the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord Lessee along with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord Premises in accordance with the Agreement, such property shall be deemed given in "as is" condition and the Lessor shall not be liable for the technical condition, compliance or functionality of such property. The Lessee shall not be entitled to use any legal remedies against the Lessor in relation to such Xxxxxx's property. The Lessee is entitled to us the Lessor's property only at the site of its location and only for the activities in compliance with the purposeful use of the Premises. The Lessee is not allowed to remove the Lessor's property from its location or deliver it to third party without the prior written consent from the Lessor. 2.8 The Parties have approved a Presentation if Landlord does agreed that any unanticipated or anticipated changes in Estonian or global economies (incl. in economic climate), changes in currencies or prices, changes in the economic activities of the Lessee and also the changes in the Lessee's needs in relation to the Premises or any other reasons deriving from the Lessee or changes in the basic circumstances of the Agreement are the risk of the Lessee and the Lessee shall not object be entitled, based on the aforementioned, to request the amendment of the Agreement, its cancellation or to withdraw from it. 2.9 The Parties have agreed that the Lessor shall not compensate to the Lessee any improvement made to the Premises by the Lessee, neither during the the validity of the Agreement or afterwards, including such improvements that significantly increase the value of the Premises, unless the Parties have agreed on such compensation in writing to Tenant within seven (7) days after receipt of a Presentation Noticewriting.

Use of the Premises. The 10.1. RPTA shall use the Premises may be used solely for the purpose of carrying out bus operations set forth in the RPTA/City of Tempe Fixed Route Bus Operations and occupied Maintenance Service Unification, Contract Number 1210018-S. RPTA shall not use the Premises for any ------------------- lawful purpose consistent with use other than that specified in this section without the operation prior written consent of a first-class office building in Chicago, Illinois, provided that any such use Tempe. RPTA agrees to preserve the Premises and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of conduct the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained Activities in a neat manner that meets all federal, state and sanitary condition local statutes, codes, ordinances rules and shall regulations applicable to the Tenant Activities and EVBOM (“applicable laws”) relating to the Premises and to the operations contemplated in the Tenant Activities and to comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one now or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in hereafter enacted concerning the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby Premises and the Tenant Activities. The execution of this Agreement is subject to RPTA obtaining any and all permits or approvals which may be required in order for RPTA to operate the Tenant sponsored presentations (a "Presentation") Activities on the Premises. RPTA shall not use or permit the Premises to be used in whole or in part during the Term of this Agreement for up any purpose or use in violation of the laws or ordinances applicable thereto. RPTA shall indemnify, defend and hold Tempe harmless against any loss, expense, damage, attorneys’ fees or liability arising out of failure of RPTA to a total comply with the applicable laws. RPTA shall not commit or suffer to be committed, any waste upon the Premises, or allow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of ten (10) days during each Calendar Yearthe Premises. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord No waste materials or refuse shall be deemed dumped upon or permitted to have approved a Presentation if Landlord does not object remain upon any part of the Premises except in writing trash containers designated for that purpose. Any uses which involve the serving and or sale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. RPTA shall comply with Tempe’s policy and state law prohibiting the use of tobacco products on the Premises at all times. RPTA shall comply with Tempe’s policy and state law prohibiting weapons and firearms on the Premises. RPTA agrees to immediately respond to concerns expressed by neighbors or Tempe relating to the Tenant within seven (7) days after receipt Activities on the Premises. 10.2. RPTA shall require all subtenants, licensees, and invitees, to use the Premises only in conformance with the Permitted Use and with all Applicable Laws. 10.3. RPTA represents that it is qualified to administer and operate the services set forth in the RPTA/City of a Presentation NoticeTempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S, including the hiring of all contractors and employees. RPTA shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its staff, agents, consultants, contractors and/or subcontractors who may provide services in conjunction with RPTA’s activities on the Premises.

Use of the Premises. The a. RPTA shall use the Premises may be used solely for the purpose of carrying out bus operations set forth in the RPTA/City of Tempe Fixed Route Bus Operations and occupied Maintenance Service Unification, Contract Number 1210018-S. RPTA shall not use the Premises for any ------------------- lawful purpose consistent with use other than that specified in this section without the operation prior written consent of a first-class office building in Chicago, Illinois, provided that any such use Tempe. RPTA agrees to preserve the Premises and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of conduct the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained Activities in a neat manner that meets all federal, state and sanitary condition local statutes, codes, ordinances rules and shall regulations applicable to the Tenant Activities and EVBOM (“applicable laws”) relating to the Premises and to the operations contemplated in the Tenant Activities and to comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one now or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in hereafter enacted concerning the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby Premises and the Tenant Activities. The execution of this Agreement is subject to RPTA obtaining any and all permits or approvals which may be required in order for RPTA to operate the Tenant sponsored presentations (a "Presentation") Activities on the Premises. RPTA shall not use or permit the Premises to be used in whole or in part during the Term of this Agreement for up any purpose or use in violation of the laws or ordinances applicable thereto. RPTA shall indemnify, defend and hold Tempe harmless against any loss, expense, damage, attorneys’ fees or liability arising out of failure of RPTA to a total comply with the applicable laws. RPTA shall not commit or suffer to be committed, any waste upon the Premises, or allow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of ten (10) days during each Calendar Yearthe Premises. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord No waste materials or refuse shall be deemed dumped upon or permitted to have approved a Presentation if Landlord does not object remain upon any part of the Premises except in writing trash containers designated for that purpose. Any uses which involve the serving and or sale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. RPTA shall comply with Tempe’s policy and state law prohibiting the use of tobacco products on the Premises at all times. RPTA shall comply with Tempe’s policy and state law prohibiting weapons and firearms on the Premises. RPTA agrees to immediately respond to concerns expressed by neighbors or Tempe relating to the Tenant within seven (7) days after receipt Activities on the Premises. b. RPTA shall require all subtenants, licensees, and invitees, to use the Premises only in conformance with the Permitted Use and with all Applicable Laws. c. RPTA represents that it is qualified to administer and operate the services set forth in the RPTA/City of a Presentation NoticeTempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S, including the hiring of all contractors and employees. RPTA shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its staff, agents, consultants, contractors and/or subcontractors who may provide services in conjunction with RPTA’s activities on the Premises.

Use of the Premises. 1.1 CARRIERHOUSE shall destine the PREMISES to the following uses: 1.1.1 Premises a), b), c) and e). For its own offices and warehouses or those of other companies related with the activities performed by CARRIERHOUSE pursuant to it corporate purpose, as well as for technical premises refurbished for its own use and/or to provide outsourcing services to communications operators and to other companies, consisting of the housing, maintenance and, should it be the case, operation of communications and/or computer equipment by its own means or with the assistance of employees belonging to the aforementioned operators or companies. The foregoing shall be performed within the limits laid down by prevailing laws, ordinances and other applicable administrative regulations. 1.1.2 Premises d). For vehicle parking spaces. 1.1.3 Premises f) and g). For the installation of ancillary equipment for air-conditioning, electric power generating sets and power transformers. 1.2 For the purposes of the activities set forth in the previous paragraph, CARRIERHOUSE may sublease the PREMISES should it be necessary and shall take on all the obligations and entitlements arising from the XXX (Spanish abbreviation for Urban Leases Law). It shall also be held liable by the landlord for the sub-lessees, should there be any, and shall undertake to ensure that the sublease agreements shall automatically be terminated should this lease agreement be terminated. Any sublease should always be associated to the activities performed by CARRIERHOUSE described in the Whereas Clause and shall under no circumstances entail any modifications to the terms and conditions or clauses set forth in this agreement, or involve an increase in the rent set forth herein. 1.3 The tenant may not transfer the PREMISES without having received the landlord's express prior written consent. 1.4 The tenant shall be responsible for obtaining all the official permits to open and use the PREMISES. The landlord hereby undertakes to collaborate with the tenant to obtain such official permits by providing it with the necessary documents and any other support that may be used and occupied necessary. The landlord hereby authorizes the tenant to execute any works required to refurbish the premises for the contractual ends set forth herein, without the tenant needing to apply for any ------------------- lawful purpose consistent with the operation of a first-class office building subsequent authorizations in Chicago, Illinois, provided this regard. 1.5 The tenant expressly states hereby that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous it undertakes to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall strictly comply with all applicable laws any municipal ordinance that may affect the PREMISES' use, especially those concerning noise and ordinances. In additionvibrations. 1.6 The building has been granted a License of Activity (Licencia de Actividad) and a Finalization of Works Certificate (Certificado de fin de obras), Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use both of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticewhich are attached hereto as ANNEX 5.