Common use of Premises Clause in Contracts

Premises. Landlord leases to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1.

Premises. Landlord leases shall endeavor to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor tender possession of the Premises shall be considered part of (with the PremisesTenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. The Premises shall be part of If Core and Shell Work or the Building to be constructed by Landlord Tenant Improvements as required pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On Work Letter are not Substantially Complete on or before the date that is ninety (90) days after the Estimated Delivery DateDate for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall measure not be liable to Tenant for any loss or damage resulting therefrom and the rentable square feet Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the Premises in accordance with requirements for Substantial Completion of Core and Shell Work or the Office Buildings: Methods Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Measurement Core and Calculating Rentable Area Shell Work and the Tenant Improvements shall be deemed to occur when (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted reasonably determined by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation ) Substantial Completion of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in Core and Shell Work and the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Improvements would have occurred if such Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease InformationDelay had not occurred. Within thirty (30) days following such agreement or resolutionafter Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount Rentable Area of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected Article 9, which calculation must be approved by Landlord and adjust Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s Proportionate Share based on such remeasurementfailure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); provided(3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, however, components or finishes for Core and Shell Work or the Tenant Improvements that any such remeasurement based on differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a change in measurement standard only shall not affect willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage progress of the Premises. work; (6) failure of Landlord and Tenant acknowledge to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that physical changes may occur from time the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to time the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1date when Landlord believes the Term Commencement Date will occur.

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms Premises for the Permitted Use. The Premises are comprised of the Net Rentable Area in the Building situated on the Land in the County of Durham, City of Durham, State of North Carolina, more particularly described on Exhibit A, attached hereto and conditions hereinafter set forth incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. All corridors Except as provided herein (and restroom facilities located on each floor subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall repair within a reasonable amount of time), Tenant shall lease the Premises “as is” with no representations or warranties made by Landlord as to the condition of the Premises To the best of its knowledge, Landlord represents and warrants that as of this date, the Premises are in material compliance with all Applicable Laws, and are in good condition and repair subject to reasonable wear and tear. In addition, Landlord shall use all reasonable efforts to insure that as of the Commencement Date (modified as provided herein), the Premises will be considered in material compliance with all Applicable Laws and are in good condition and repair. To the best of Landlord's knowledge, Applicable Laws and any recorded restrictive covenants permit the Premises to be used for the Permitted Use. The Building is part of the Premises. The Premises shall be part Project and consists of the Building to be constructed by Landlord pursuant to the terms a total of this Lease Eighty-Five Thousand Six Hundred and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety Twenty-Two (9085,622) days after the Delivery Date, Landlord shall measure the rentable square feet with the Building being comprised of Fifty One Thousand Six Hundred Sixty-Seven (51,667) rentable square feet. Landlord hereby represents and warrants to Tenant that the foregoing representations regarding rentable square feet are consistent with the definition of rentable area calculated pursuant to Building Owners and Managers Association Standards. A floor plan of the Premises in accordance with is attached hereto and made a part hereof as Exhibit B. As an appurtenance to the Office Buildings: Methods of Measurement Premises, Tenant, its employees and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, invitees will have the Roof Top Area shall not be included in nonexclusive right to use the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for Common Areas at the Building. Within one hundred twenty (120) five business days after of the Delivery Commencement Date, Tenant maywill, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to upon demand of Landlord, at Tenant’s cost, in accordance with the method execute and deliver to Landlord a letter of measurement described in this Paragraph. If Tenant determines that the rentable square footage acceptance of delivery of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans(subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, which Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the repair within a reasonable amount of Base Rent payable by Tenanttime), acknowledging the amount Commencement and Termination Dates of this Lease. Except for any items the cost of which is paid out of the Tenant Improvement Allowance, Landlord shall perform, at its sole cost and such other amounts and other terms hereof that are affected by the rentable square footage expense, all work detailed on Exhibit C hereto. The upfit of the Premises. Until the rentable square footage of , will be performed by Landlord in accordance with the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth Specifications in the Basic Lease Information. Within thirty (30) days following such agreement or resolutionWork Letter, Tenant shall pay if applicable attached hereto and made a part hereof Exhibit D. Subject to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, reasonable rules and regulations as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure prescribe and subject to rights of ingress and egress of other tenants of the Premises and/or Project, Tenant and its invitees will have the Building in accordance with generally accepted remeasurement standards selected by right to the non-exclusive usage of twenty (20) parking spaces. Landlord and adjust will not be responsible for enforcing Tenant’s Proportionate Share based on such remeasurement; providedparking rights against any third parties. Tenant is granted a non-exclusive right to use, howeverin common with the other tenants and users of the Project, all of the Common Areas. Landlord shall have exclusive control and management responsibility of the Common Areas. Landlord may, from time to time, alter the Common Areas, install kiosks, planters, fountains, sculptures, signs, and other structures within the Common Areas provided however that any such remeasurement based on a change in measurement standard only alterations shall not affect the amount materially and adversely interfere with Tenant’s use or enjoyment of Base Rent payable for the Premises or any allowance applicable decrease Tenant’s parking spaces. Landlord shall have the right to establish, modify, and enforce reasonable rules and regulations with respect to the initial Term based on Common Areas and to grant to individual tenants the rentable square footage right to conduct retail sales within the Common Areas. Landlord makes no representation or warranty concerning the size of the Common Areas and may, in the future, reduce the size of the Common Areas in its reasonable discretion, provided however that such reduction shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises. Landlord , and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may shall result in an adjustment a commensurate reduction in Tenant’s Proportionate Share, . Landlord hereby grants to Tenant a continuing right of first refusal to lease vacant and available space in the Building (the “Additional Space”) under the terms and conditions as provided in Paragraph 7.1.below:

Premises. Landlord hereby leases to Tenant and Tenant leases hereby hires from Landlord upon the terms entire eighth (8th) floor and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor a portion of the Premises ninth (9th) floor, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as 000 Xxxxxxx Xxxxxx, in the Borough of Manhattan, New York County, City and State of New York (the "Building" and, together with the plot of land upon which such building stands, the "Real Property") for a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall be considered part sooner end pursuant to any of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms terms, covenants or conditions of this Lease and part or pursuant to law at the "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the ProjectUnited States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Rent Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method Bhereinafter otherwise provided), at the office of Landlord or such other place as interpreted by Landlord’s architect. As provided in Paragraph 40.7Landlord may designate, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent without any set-off, offset, abatement or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Datededuction whatsoever, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines except that the rentable square footage first (1st) monthly installment of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated payable on the basis date hereof. If the Rent Commencement Date (as hereinafter defined) shall occur on a date other than the first (1st) day of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolutionany calendar month, Tenant shall pay to Landlord, or Landlord on the first (1st) day of the month next succeeding the month during which the Rent Commencement Date shall pay occur, an amount equal to Tenant, the amount such proportion of any deficiency or excess, an equal monthly installment of Rent as the case may benumber of days from and including the Rent Commencement Date bears to the total number of days in said calendar month. Such payment, in together with the Base sum paid by Tenant upon the execution of this Lease, shall constitute payment of the Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable period from the Rent Commencement Date to and including the initial Term based on the rentable square footage last day of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1next succeeding calendar month.

Premises. In consideration of the rent and other agreements contained in this Lease, Landlord leases to Tenant and Tenant leases rents from Landlord upon the terms premises (hereinafter the "Premises") described as follows: A retail store space numbers 214, 216, and conditions 218 containing approximately 6,000 square feet within the Peabody Place Centre (hereinafter set the "Shopping Center"), municipally described as Peabody Place Retail/Entertainment Development, in Memphis, Tennessee. The Premises are designated on Exhibit A hereto for the purpose of setting forth the Premises. All corridors configuration and restroom facilities located on each floor approximate location of the Premises shall be considered part of within the PremisesShopping Center Site (the "Shopping Center Site" being defined to include all property shown on Exhibit A hereto). The Premises shall be part of the Building to be constructed improved or otherwise prepared for occupancy by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises Tenant in accordance with Exhibit C which sets out any work improvements to be implemented by Landlord and the Office Buildings: Methods cost, if any, to Tenant. In the absence of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010any specific requirements set forth on Exhibit C, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area Tenant shall not be included in the calculation of the rentable square feet of deemed to have accepted the Premises "as is", except for purposes of the payment of Base Rent or the calculation of percentages or figures based any items specified on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity a punch list delivered to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within within thirty (30) days following such agreement or resolutionafter possession of the Premises is delivered to Tenant. Notwithstanding the foregoing, Tenant shall pay not be deemed to Landlord, have waived its right to require Landlord to correct any latent defects as long as Tenant gives notice thereof to Landlord on the earlier of thirty (30) days after discovery of the defect or Landlord shall pay to Tenant, thirty (30) days after the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable date Tenant should have been alerted to the initial Term based on the rentable square footage existence thereof had Tenant acted reasonably, provided such notice must be provided in any event within one (1) year after delivery of possession of the Premises, Landlord covenants and agrees to (i) deliver the Premises in compliance with legal, code and zoning requirements exclusive of any such requirements relating to Tenant's Work including, but not limited to, building or occupancy permits, (ii) deliver the utility systems to the Premises as specified in Exhibit C in good working order, and (iii) deliver the rough shell building in good condition and repair, free of any asbestos. Tenant shall use commercially reasonable efforts to submit plans and specifications for Tenant's Work to Landlord for its approval, which shall not be unreasonably withheld, on or before [***]. Landlord shall approve such plans and Tenant acknowledge specifications or provide specific objections thereto within [***] days after their receipt. Landlord acknowledges that physical changes may occur from time to time in Tenant's prototype design plan for its store incorporates the open storefront element into the design of the Premises or Buildingprovided that Tenant constructs such portion (and all portions) of Tenant's Work in compliance with applicable law, which may result Exhibit C of this Lease, and pursuant to plans and specifications approved in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1advance by Landlord.

Premises. Subject to the terms of this Lease, Landlord leases to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises shall be considered part entirety of the Premises. The Tenant accepts the Premises in its “AS IS” condition, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Prior to the Commencement Date, representatives of Landlord and Tenant shall be part conduct a walk-through of the Premises at a mutually convenient time to determine if any Building to be constructed by Systems are not working. If any Building Systems are not working at such time, then Landlord pursuant shall promptly repair the same at Landlord’s expense. Landlord and Tenant (a) acknowledge that all square foot measurements are approximate and (b) stipulate and agree to the terms of rentable square footages set forth in Sections 1(c) above for all purposes with respect to this Lease Lease. Landlord shall: (i) remove all debris and part fencing from the parking lot located on the Land, (ii) improve the parking lot with slurry seal on the asphalt area and new striping of the Projectasphalt and concrete areas, as and to the extent constructed by Landlord. On or before the date that is ninety which shall result in approximately three (903) days after the Delivery Date, Landlord shall measure the rentable parking spaces per each 1,000 square feet of the Building; and (iii) construct a trash enclosure, and (iv) complete any other work or improvements to the Premises required by the City of Sunnyvale pursuant to the necessary permit to complete the trash enclosure (collectively, the “Landlord’s Work”). Landlord’s Work shall be completed in accordance with all Laws and regulations of the Office Buildings: Methods City of Measurement Sunnyvale, and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by shall be at Landlord’s architectcost. As provided in Paragraph 40.7Landlord shall use commercially reasonable efforts to complete items (i) and (ii) by August 1, the Roof Top Area shall not be included in the calculation 2016 and items (iii) and (iv) by September 1, 2016. Each of the rentable square feet parking spaces striped by or on behalf of Landlord shall be legally compliant parking spaces. The kitchen appliances listed in Exhibit H hereto shall remain within the Premises for purposes of Tenant’s use. Furthermore, all data wiring serving the payment of Base Rent or Premises and existing prior to the calculation of percentages or figures based on rentable square footage Commencement Date (the “Cabling”) shall remain intact and in place, and Tenant shall have the right to use such Cabling during the Term, but any changes to the Cabling shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraphsole expense. If Tenant determines Landlord represents and warrants that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved’s actual knowledge, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereundercompliant with all Laws, Tenant’s monthly payments of Base Rent shall be calculated on except for the basis need for a trash enclosure if the user of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount Building does not compost all of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1its waste.

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon Landlord, subject to all of the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of herein, those certain premises described as the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty Notwithstanding the foregoing to the contrary, this Lease is expressly conditioned upon the termination by Landlord of that certain Net Lease Agreement, dated April 4, 2012, by and between Landlord and Nuance Communications, Inc., a Delaware corporation, pursuant to which Landlord leased the Premises to Nuance Communications, Inc. (30“Nuance,” and such lease, the “Nuance Lease”). Landlord agrees to diligently attempt to achieve such termination of the Nuance Lease, and will keep Tenant apprised of the status of Landlord’s efforts. If Landlord succeeds in terminating the Nuance Lease, Landlord will promptly notify Tenant of such fact. If at any time Landlord reasonably believes that it is unable to terminate the Nuance Lease, Landlord may, by written notice to Tenant, terminate this Lease, in which event, this Lease shall automatically terminate and neither Landlord nor Tenant shall have any further rights or obligations under this Lease. Notwithstanding the foregoing, if, as of the date that is sixty (60) days following such the date of mutual execution and delivery of this Lease, Landlord has not notified Tenant of Landlord’s successful negotiation and full execution of an agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, terminating the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building Nuance Lease in accordance with generally accepted remeasurement standards selected the terms described in this Article 1, Tenant will have the right, by written notice delivered to Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that at any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable time prior to the initial Term based on the rentable square footage date upon which Landlord so notifies Tenant of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time termination of the Nuance Lease, to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1terminate this Lease.

Premises. Subject to and in accordance with the provisions hereof, Landlord leases to Tenant and Tenant leases from Landlord upon the terms Premises as designated on Exhibit A. Tenant agrees that no representations or warranties relating to the condition of the Project or the Premises and conditions hereinafter no promises to alter, repair or improve the Premises have been made by Landlord, except that the Building Systems (inclusive of all lighting and electrical outlets in the Premises) will be in good working order as of the Commencement Date. Tenant’s failure to advise Landlord, in writing and within sixty (60) days of the Commencement Date, of a breach of the warranty set forth in the Premisespreceding sentence will be indisputable evidence that Landlord has met its warranty obligation. All corridors Notwithstanding anything to the contrary set forth hereinabove, Landlord warrants and restroom facilities located on each floor represents that as of the Premises shall be considered part date of this Lease, Landlord has not received written notice of violation from a governmental authority that the Premises. The Premises shall be part Common Areas of the Building and/or the Premises are in violation of applicable laws, including ADA and laws relating to hazardous materials. In the event of a breach of the foregoing covenant, but specifically subject to and excluding any compliance work triggered by any alterations performed by Tenant (which tenant shall be constructed paid for by Tenant at its sole cost and expense), Landlord, at its sole cost and expense (and not subject to reimbursement as an Operating Expense), shall promptly make such improvements, corrections or repairs as Landlord pursuant determines is appropriate to bring such condition into compliance. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that EXCEPT AS PROVIDED HEREIN, LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession for the purposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive right, subject to the terms of this Lease and part hereof, to use the Common Areas of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had the Project is or may become an opportunity integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to verify the calculation of the rentable square footage of the area as depicted on time, to include the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises within a project and/or to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, expand and/or reduce the amount of Base Rent payable by TenantLand and/or improvements of which the Building, the amount Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Tenant Improvement AllowanceCommon Areas, and such other amounts and other terms hereof as long as the Premises remain reasonably accessible. Landlord agrees that are affected by during the rentable square footage Term of the Premises. Until Lease it will not make any changes to the rentable square footage of Building or Common Areas that: a] knowingly and materially increase the Operating Expenses for which Tenant is responsible without increasing the Base Year’s Operating Expenses by an amount that reasonably takes into account what the Base Year’s Operating Expenses would have been if such change(s) had occurred during the Base Year; b] materially impair access to the Premises is agreed upon or otherwise resolved hereunderParking Facility, Tenant’s monthly payments of Base Rent shall be calculated on it being understood and acknowledged by Tenant that Landlord anticipates expanding the basis of Parking Facility at one or more times during the approximate rentable square footage set forth Term, which expansion will in some way affect access to the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; Parking Facility provided, however, that any such remeasurement based on there will be no change to the number of parking spaces available to Tenant, although said spaces can be made available to Tenant in an alternative parking location, which alternative parking location will be no more than a change in measurement standard only shall not affect five (5) minute walk from the amount Building and, if it is more than a five (5) minute walk, then Landlord will provide (at no cost to Tenant) a shuttle service that will be scheduled to run no less than every ten (10) minutes between the hours of Base Rent payable 8:00 a.m. to 6:00 p.m., Monday through Friday, with the exception of holidays; or, c] materially impair Tenant’s ability to use the Premises for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1Authorized Use.

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises shall be considered part of as shown as attached Exhibit “A” within the Premises. The Premises shall be part Building (the Building and the lot on which it is located, the “PROPERTY”), together with the non-exclusive right with Landlord and other occupants of the Building to be constructed use all areas and facilities provided by Landlord pursuant for the use of all tenants in the Property including any lobbies, hallways, driveways, sidewalks and parking, loading and landscaped areas (the “COMMON AREAS”). Notwithstanding the foregoing, the Landlord shall complete the work described on Exhibit “A-2” necessary to improve the terms of this Lease and part of Premises (collectively, the Project“LANDLORD’S WORK”), as and to such improvements are depicted on Exhibit “A-1”. In addition the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery DateLandlord Work, Landlord shall measure cause additional air conditioning returns to be installed in the rentable square feet new offices being constructed and to relocate certain electrical outlets in accordance with Tenant’s reasonable requests. Landlord agrees at its cost and expense to complete the Landlord’s Work and to deliver possession of the Premises to Tenant in accordance a substantially completed condition and in compliance with all applicable laws and regulations. Landlord anticipates that it will substantially complete the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010Landlord’s Work on or before September 28,2015, Method B)If Landlord fails to complete the Landlord’s Work by November 1,2015, as interpreted the same may be extended for delays caused by Landlord’s architect. As provided in Paragraph 40.7Force Majeure or Tenant, then the Roof Top Area shall not be included in the calculation commencement of the rentable square feet of the Premises for purposes of the payment of Base Minimum Annual Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” delayed by one (1) day for all other purposes. Tenant acknowledges each day that it has had an opportunity to verify the calculation delivery of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage possession of the Premises is agreed upon delayed beyond November 1, 2015, If Landlord fails to complete the Landlord’s Work by December 1, 2015, as the same may be extended for delays caused by Force Majeure or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay have the option of canceling and terminating this Lease by giving notice in writing to Landlord, or Landlord shall pay at any time prior to die date on which Landlord delivers of possession of the Premises to Tenant, In the amount event this Lease is so terminated, Tenant shall not be liable to Landlord on account of any deficiency covenant or excessobligation herein contained, as and any security deposit shall be refunded to Tenant. For the case may bepurposes of this Lease, in “Force Majeure” shall mean strikes, lock-outs, riots or other labor troubles, unavailability of materials, a national emergency, any rule, order or regulation of governmental authorities, tornados, floods, hurricanes or other natural disaster, or Acts of God, or other similar causes not within the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust TenantLandlord’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1.control

Premises. (a) Effective as of the Expansion Date (defined below), Landlord leases shall lease the Expansion Space to Tenant and Tenant leases shall lease the Expansion Space from Landlord upon Landlord, and the “Premises”, as defined in the Lease and used hereinafter, shall mean, collectively, the Current Premises and the Expansion Space, for a total area of approximately 10,148 square feet of space. Accordingly, effective as of the Expansion Date, the “Rentable Square Footage of the Premises”, as defined in the Lease, shall be amended to mean 10,148 square feet. The Expansion Space shall be subject to all the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions that were granted with respect to the Current Premises unless such concessions are expressly provided for herein with respect to the Expansion Space. Effective as of the Expansion Date, Exhibit A-1 to the Lease Agreement shall be considered part of the Premises. The Premises deleted in its entirety and Schedule 2 attached hereto shall be part of substituted in lieu thereof. Notwithstanding the Building foregoing, however, in the event Landlord fails to be constructed complete Landlord’s Work in the Current Premises by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety four (904) days weeks after the Delivery Expansion Date (the “Outside Completion Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ”) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable any reason other than delays caused by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, then as Tenant’s monthly payments of sole and exclusive remedy, then Base Rent with respect to the Expansion Space only shall be calculated on xxxxx one day for each day after the basis of the approximate rentable square footage set forth Outside Completion Date that Landlord fails to complete Landlord’s Work in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurementCurrent Premises; provided, however, such abatement shall be in proportion to the Rentable Square Footage of the Current Premises that any such remeasurement based on a change in measurement standard only Tenant is not able to occupy. For example, if Tenant is able to occupy 80% of the Rentable Square Footage of the Current Premises even though Landlord’s Work therein is not complete, Tenant shall not affect be entitled to an abatement of 20% of the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on Expansion Space. Further, the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time Outside Completion Date shall be extended by one (1) day for each day Landlord’s Work in the Current Premises or Building, which may result in an adjustment in is delayed due to delays caused by Tenant’s Proportionate Share, as provided in Paragraph 7.1.

Premises. Landlord hereby leases to Tenant and Tenant leases hereby hires from Landlord a portion of floor 12A, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as 0000 Xxxxxxxx, in the Borough of Manhattan, New York County, City and State of New York (the "Building" and together with the plot of land upon which such building stands, the terms "Real Property") for a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and conditions to end on the "Expiration Date" (hereinafter set forth defined), both dates inclusive, unless the Premises. All corridors and restroom facilities located on each floor Term shall sooner end pursuant to any of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms terms, covenants or conditions of this Lease and part or pursuant to law at the "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the ProjectUnited States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method Bhereinafter otherwise provided), at the office of Landlord or such other place as interpreted by Landlord’s architect. As provided in Paragraph 40.7Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted first monthly installment on the Building Plans execution hereof. If the Rent Commencement Date (as defined in hereinafter defined) shall occur on a date other than the Tenant Improvement Agreement first (1st) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method day of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolutionany calendar month, Tenant shall pay to Landlord, or Landlord on the first (1st) day of the month next succeeding the month during which the Rent Commencement Date shall pay occur, an amount equal to Tenant, the amount such proportion of any deficiency or excess, an equal monthly installment of Rent as the case may benumber of days from and including the Rent Commencement Date bears to the total number of days in said calendar month. Such payment, in together with the Base sum paid by Tenant upon the execution of this Lease, shall constitute payment of the Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable period from the Rent Commencement Date to and including the initial Term based on the rentable square footage last day of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1next succeeding calendar month.

Premises. Landlord leases to Tenant and anticipates receiving a provisional license (the “Provisional License”) from the CCC in June 2020. In the event the Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included receive its Provisional License by July 10, 2020 Tenant shall notify Landlord prior to 5:00 pm EST on July 17, 2020, in writing, specifying the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) reasons for the Building. Within one hundred twenty (120) days after the Delivery Date, denial and whether Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlordelects, at Tenant’s costsole option, in accordance with to terminate the method Lease or pursue and appeal of measurement described in this Paragraph. If Tenant determines that the rentable square footage any denial of the Premises as constructed varies from Provisional License. Should Tenant not notify Landlord of its intention to terminate the rentable square footage Lease or pursue and appeal any denial of the Premises as depicted Provisional License prior to 5:00 pm EST on the Building PlansJuly 17, 2020, Tenant may deliver written results of shall lose its measurement right to Landlord. At such time as terminate the rentable square footage is agreed upon or otherwise resolvedLease, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage shall be in full force and effect. Should Tenant elect to pursue an appeal it shall be subject to satisfaction of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount following conditions: (i) Tenant obtains Landlord’s prior written consent of the Tenant Improvement Allowanceappeal, and such other amounts and other terms hereof that are affected by consent not to be unreasonably withheld, conditioned or delayed, (ii) the rentable square footage parties mutually agree to an extension of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunderapproval period to allow Tenant to pursue such appeal, Tenant’s monthly payments of Base Rent “Appeal Period”, which Appeal Period shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty terminate sixty (3060) days following such agreement or resolutionTenant’s written notice to Landlord of their intention to appeal, (iii) during the Appeal Period, the Tenant shall be obligated to continue to pay the Construction Base Rent (defined below), and (iv) Tenant shall diligently prosecute such appeal. Should the Tenant not receive the Provisional License prior to Landlordthe end of the Appeal Period, this Lease shall terminate and become null and void. If the Tenant elects to terminate the Lease under this section or loses its appeal, neither party shall have any further liabilities or obligations hereunder, except Landlord shall pay be entitled to Tenant, keep the amount of entire PSA Deposit (defined below) and any deficiency or excess, as the case may be, in the Construction Base Rent previously paidpaid to date. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Following Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage receipt of the Premises. Provisional License, Landlord and agrees to cooperate with Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Shareattempts to obtain the Final License, as provided that Landlord shall not be required to incur any cost in Paragraph 7.1connection therewith.

Premises. Landlord hereby leases the Premises to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth contained herein. Landlord hereby grants to Tenant a license for the Premises. All corridors right to use, on a non-exclusive basis, parking areas and restroom ancillary facilities located on each floor within the Common Areas of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant Park, subject to the terms of this Lease; provided, however, such license shall only be revocable (i) if Tenant is in default of its obligations under this Lease beyond applicable cure periods, or (ii) upon the expiration or earlier termination of this Lease. For purposes of this Lease, the term "Premises" shall mean and part refer to the entirety of both of the ProjectBuildings, namely, Building A and Building B situated within the Park. Landlord and Tenant hereby agree that for purposes of this Lease, as of the Lease Date, the rentable square footage area of the Premises, the Buildings, the Lot and the Park shall be deemed to be the extent constructed by Landlord. On or before number of rentable square feet as set forth in the date that is ninety Basic Lease Information on Page 1; provided, however, within fifteen (9015) days after the Delivery Datedate on which Landlord causes the Buildings to be Substantially Completed (as such term is defined in Exhibit B hereto), Landlord shall measure Tenant may have its architect verify the actual rentable square feet of contained within the Premises (i.e. the Buildings), provided that the basis of such measurement shall be measured from drip line to drip line and not in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposesstandards. Tenant hereby acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage may include a proportionate share of certain areas used in common by all occupants of the Premises Buildings (for example an electrical room or telephone room). Landlord and Tenant hereby acknowledge and agree that as depicted of the Lease Date the Buildings have not been constructed on the Building Plans, Tenant may deliver written results of its measurement to LandlordLot. At After Landlord has Substantially Completed (as such time as term is defined in Exhibit B hereto) the rentable square footage is agreed upon or otherwise resolvedShell Improvements, Landlord and Tenant shall execute an a written amendment to this Lease memorializing Lease, substantially in the form of Exhibit F hereto, wherein the parties shall specify the (i) actual approximate rentable square footage of each of the Premises and amending, as necessaryPremises, the Buildings and the Park, (ii) actual amount of Base Rent payable to be paid by Tenant, which shall be based upon the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the base rent per rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage foot as set forth in the Basic Lease Information, (iii) actual amount of Tenant's Share of the expenses set forth in the Basic Lease Information, which share shall be based upon such approximate rentable square footages, and (iv) the Premises Addresses. Within thirty (30) days following such agreement or resolutionTenant further agrees that the number of rentable square feet of the Buildings, Tenant shall pay the Lot and the Park may subsequently change after the Lease Date commensurate with any modifications to Landlordany of the foregoing by Landlord due to any casualty to, or Landlord shall pay to Tenantcondemnation of, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage portion of the Premises. Landlord , and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1's Share shall accordingly change.

Premises. Landlord leases 2.1 Commencing on January 17 1998 (the "AP Commencement Date") there shall be added to the Original Premises those certain premises consisting of approximately 12,214 rentable square feet located at 0000 Xxxxxx Xxxx, Xxxxx 000 (the "Additional Premises"), which Additional Premises are depicted on the site plan (building plan, etc.) attached hereto and made a part hereof as Exhibit A. Tenant hereby acknowledges that the Additional Premises are presently being occupied by Four 11 Corporation (the "Existing Tenant"). Landlord's delivery to Tenant and Tenant leases from Landlord of possession of the Additional Premises by January 17, 1998 is contingent upon the terms Existing Tenant vacating the Additional Premises and conditions hereinafter set forth the Premisessurrendering possession thereof to Landlord by January 9, 1998. All corridors and restroom facilities located on each floor If Landlord cannot deliver to Tenant possession of the Additional Premises shall be considered part broom clean but without any tenant improvements of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Projectany kind or nature on January 17, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date1998, Landlord shall measure neither be subject to any liability nor shall the rentable square feet validity of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7Lease be affected; provided, the Roof Top Area Lease Term applicable to the Additional Premises shall not commence on the date possession is tendered and in no event shall the Expiration Date be included in extended. Accordingly, the calculation date Landlord is to deliver the Additional Premises, namely Please Initial January 17, 1998, shall only be extended to a date later than January 17, 1998 if Landlord fails to tender to Tenant possession of the rentable square feet Additional Premises broom clean but without any tenant improvements of any kind or nature being made thereto solely due to the Existing Tenant failing to vacate and surrender possession of the Additional Premises for purposes to Landlord prior to January 9, 1997. Upon Landlord's delivery to Tenant of possession of the payment Additional Premises broom clean but without any tenant improvements being made there to of Base Rent any kind or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolutionnature, Tenant shall pay promptly deliver written notice to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, confirming same (however, that any failure by Tenant to deliver to Landlord such remeasurement based on a change in measurement standard only written notice shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage effectiveness of the PremisesLease). Landlord By taking possession of the Additional Premises broom clean without any tenant improvements of any kind or nature being made thereto, Tenant shall be deemed to have accepted the Additional Premises in good condition and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1state of repair.

Premises. Landlord leases to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant subject to the terms of this Lease and part Lease. If Landlord does not deliver possession of the Project, as and Premises to the extent constructed by Landlord. On Tenant on or before the date estimated Commencement Date (as set forth above), Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease nor the obligations of Tenant hereunder, provided that is ninety Tenant shall have no obligation to commence paying Rent payments until the Commencement Date. Notwithstanding the foregoing, if Landlord fails to deliver the Premises within one hundred eighty (90180) days after the Delivery DateScheduled Commencement Date (accounting for Tenant Delays, Landlord shall measure the rentable square feet of if any and subject to extension for Force Majeure), Tenant may elect to either (1) terminate this Lease and receive any amounts prepaid by Tenant hereunder; or (ii) continue this Lease until the Premises are so delivered. Landlord and Tenant hereby agree that the Premises shall be measured in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B)ANSI Z65.1-1996 standards, as interpreted by modified for the Project pursuant to Landlord’s standard rentable measurements for the Project, and in the event that Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant /space planner determines that the rentable square footage of the Premises as constructed varies amounts thereof shall be different from the rentable square footage of the Premises as depicted on the Building Plansthose set forth in this Lease, Tenant may deliver written results of its measurement all amounts, percentages and figures appearing or referred to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to in this Lease memorializing the rentable square footage of the Premises and amendingbased upon such incorrect amount (including, as necessary, the amount of Base Rent payable by Tenantwithout limitation, the amount of the Tenant Improvement AllowanceBase Rent and Tenant’s Share shall be modified in accordance with such determination. If such determination is made, and such other amounts and other terms hereof that are affected it will be confirmed in writing by the rentable square footage Landlord to Tenant. Except as provided elsewhere in this Lease, by taking possession of the Premises. Until , Tenant accepts the rentable square footage of Premises in its “as is” condition and with all faults, and the Premises is agreed upon or otherwise resolved hereunderdeemed in good order, Tenant’s monthly payments of Base Rent shall be calculated on condition, and repair. The Premises includes the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolutionLeasehold Improvements and excludes certain areas, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excessfacilities and systems, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1.follows:

Premises. Pursuant to the provisions of Paragraph 29 of the Lease, effective the earlier of October 1, 2002 or the date Landlord leases delivers possession of the Expansion Premises to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of ("Expansion Premises Commencement Date"), the Premises shall be considered expanded to include Suites 120 and 160, containing approximately 23,563 rentable square feet as depicted on the floor plans attached hereto, marked Exhibit "A" and by this reference made a part hereof (the "Expansion Premises"), for a total in the Premises of approximately 131,139 rentable square feet. Beginning on the Premises. The Expansion Premises Commencement Date, the"Premises," as that term is defined in the Lease, shall be part of amended to mean and include the Building to be constructed by Landlord pursuant Expansion Premises and, subject to the terms of this Lease and part Amendment, the demise of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Expansion Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity subject to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Dateeach and every term, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord provision and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage condition set forth in the Basic Lease Informationas if the Expansion Premises were originally demised thereunder. Within thirty (30) days following such agreement or resolutionNotwithstanding the foregoing, Tenant shall pay acknowledges that Kirkham Michael & Associatxx, Xxx. (xxx Current Tenant") currently leases the Expansion Premises, with such lease expiring on September 30, 2002. Should the Current Tenant holdover and not vacate the Expansion Premises prior to Landlordthe Expansion Premises Commencement Date, or Landlord shall pay will not be liable to TenantTenant for any damages suffered by Tenant as a result of such holdover. However, in such event, Landlord will use reasonable efforts to pursue its legal remedies to evict the amount of any deficiency or excess, as Current Tenant from the case may beExpansion Premises. Alternatively, in the Base Rent previously paidevent that the Current Tenant vacates the Expansion Premises prior to the expiration of its lease therefor, Landlord shall deliver possession of the Expansion Premises earlier than October 1, 2002. Tenant hereby represents and warrants to Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only Tenant shall not affect engage in any discussions with the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage Current Tenant concerning early termination of the PremisesCurrent Tenant's premises, or related issues, without Landlord being present. Landlord and Tenant acknowledge agree that physical changes may occur from time upon delivery by Landlord to time Tenant of the Expansion Premises, the parties will execute a Commencement Date Certificate in the form attached hereto as Exhibit "C" confirming the Expansion Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1Commencement Date.

Premises. Landlord leases to Tenant and Tenant leases from Landlord upon 13. Owner or Owner’s agents shall have the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety right (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area but shall not be included obligated) to enter the demised premises in any emergency at any time, and, at other reasonable times and upon reasonable prior notice, to examine the calculation same and to make such repairs, replacements and improvements as Owner may reasonably deem necessary and desirable to any portion of the rentable square feet of the Premises for purposes of the payment of Base Rent building or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity which Owner may elect to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may beperform, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust premises, following Tenant’s Proportionate Share based on failure, after applicable notice and cure periods (except in the case of any emergency when no such remeasurement; notice shall be required), if any, to make repairs or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein. Provided that they are concealed within the walls, floors or ceiling or otherwise encased within sheetrock and do not result in a material reduction in floor area of the demised premises, Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise, provided, however, that Owner shall use commercially reasonable efforts at all times to minimize interference with Tenant’s use of the demised premises so long as there is no extraordinary or overtime cost to Owner. Upon completion of such work, Owner shall restore the portions of the demised premises affected by such work to a similar condition given the nature of the work performed. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours and upon reasonable prior notice to Tenant for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six (6) months of the term for the purpose of showing the same to prospective tenants and may, during said six (6) month period, place upon the premises the usual notice “To Let” and “For Sale,” which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly (if Tenant has not given to Landlord with a key and or other entry devices or codes) and provided reasonable care is exercised to safeguard Tenant’s property and such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. Owner shall have the right at any time, without the same constituting an eviction and without incurring liability to Tenant therefore, to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the building and to change the same, number or designation by which the building may be known but not to make any changes to the façade of the demised premises if such changes diminish access to or the visibility of the demised premises unless on a temporary basis for any activities permitted by Owner in accordance with the provisions of this Lease. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such remeasurement based on a change in measurement standard only shall not affect license be revoked, or if the amount of Base Rent payable such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for the Premises such vault or area used by Tenant, whether or not specifically demised hereunder shall be paid by Tenant, or if it is chargeable to Landlord by any allowance applicable to the initial Term based governmental agency, then such tax, fee or charge of municipal authorities shall be collectible from Tenant as additional rent on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1demand by Owner.

Premises. During the Term, and subject to the CC&Rs, Landlord leases to Tenant shall maintain all improvements and Tenant leases from Landlord appurtenances upon the terms Property and conditions hereinafter set forth Premises (including all interior walls, doors, doorways, lighting fixtures, plumbing fixtures and Shell) in good order, condition and repair. Tenant waives the Premisesprovisions of any law permitting Tenant to make repairs at Landlord's expense, including, without limitation, California Civil Code Sections 1941-1946. Tenant shall notify Landlord in writing of required repairs to the Property. Landlord shall make necessary repairs in a reasonable time. Maintenance and repairs shall be completed in a good and workmanlike manner using such methods, supplies and labor as Landlord deems appropriate in its reasonable discretion. Landlord shall make commercially reasonable efforts to perform maintenance and repairs with minimum interference with Tenant's business operations. All corridors and restroom facilities located on each floor of the Premises such maintenance expenses shall be considered part Operating Expenses of the Property. Should changes in the terms, interpretation or requirements imposed by or under the authority of any Regulation affecting the Property occur after the Commencement Date which changes require modification of any portion of the Property or the Premises, or should any Regulation adopted after the Commencement Date require such a modification, Landlord shall cause such modification(s) to occur and Tenant shall accept such modification(s). The Premises Tenant's obligation to pay for repairs under this paragraph shall not extend to damage and repairs with respect to which any insurance policy carried by Landlord and insuring the Building makes payment, to the extent of the payment actually made by the insurance carrier and subject to the requirement that any deductible applicable to the policy will be treated as an Operating Expense. Notwithstanding any other provision of this Lease, any expense associated with a modification to comply with new or changed Regulation requirements shall be part considered Operating Expenses of the Property. Notwithstanding any other provision of this Lease, Tenant shall not be obligated to pay for repairs to the extent such repairs result directly from defects in design, construction or materials of the Building or caused by the intentional act or omission of Landlord or Landlord's agents. Except as expressly limited by the provisions of this Paragraph and the definition of Operating Expenses, the provisions of this paragraph are subject to the provisions of this Lease obligating Tenant to reimburse Landlord for Operating Expenses and to the provisions of Paragraph 19.21 of this Lease. Nothing in this paragraph shall be constructed by Landlord so interpreted or construed as to limit Landlord's right to reimbursement pursuant to the terms provisions of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent respecting Operating Expense reimbursement or the calculation provisions of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1.19.21

Premises. 4.1 Landlord's Work Landlord, at its cost, shall construct the Building and install the leasehold improvements as described in Schedule "B" in accordance with Landlord's building standards for a Class A building, in a good and workmanlike manner (the "Landlord's Work"). The clean room area and the warehouse area will be finished by the Landlord leases in accordance with building standard warehouse space. All improvements, fixturing and installations to the Premises required by Tenant which are not specifically expressed as being Landlord's Work shall be carried out by Landlord at Tenant's cost in accordance with the provisions for Landlord performing work on behalf of Tenant contained in Article 5 hereof. It is agreed and understood that no credit will be allowed to Tenant and in the event Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor does not require one or more of the Premises shall items required to be considered performed or installed by the landlord as part of the PremisesLandlord's Work mentioned in Schedule "B". The Premises Landlord shall be part assign to the Tenant any warranties received by the Landlord in connection with the Landlord's Work or the construction of the Building to be constructed the extent that the Tenant has assumed in this lease the related obligation to maintain, repair or replace the items covered by the warranty. Any additional taxes or insurance premiums or other costs resulting from any leasehold improvements made to the Premises by Landlord pursuant or Tenant shall be the responsibility of Tenant. Subject to the terms provisions of Article 5 of this Lease lease, Tenant may install in the Premises such partitions and part of decorations as it may desire, and, if expressly permitted in writing by the ProjectLandlord, as and such installations may be commenced prior to the extent constructed Commencement Date; provided such work shall be done by Landlord. On such contractor or before the date that is ninety (90) days after the Delivery Datecontractors as Landlord may select and, provided such work shall be done in compliance with such rules and regulations as Landlord shall measure the rentable square feet establish; it being further understood and agreed that Tenant's entry on and occupancy of the Premises prior to the Commencement Date shall be governed by and be subject to all the provisions, covenants and conditions of this lease other than those requiring payment of rent or additional rent. Tenant shall be responsible for all costs and expenses of such work and for any costs and expenses of Landlord caused directly or indirectly by such work or by delays caused to the Landlord directly or indirectly as a result of such work; provided further and without prejudice to the foregoing that in accordance with the Office Buildings: Methods of Measurement event that Tenant shall desire to install any such partitions and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, decorations prior to the Roof Top Area Commencement Date and such installations shall not be included commenced and proceeded with in sufficient time to permit Landlord to provide the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage improvements set forth in Schedule "B" prior to the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to TenantCommencement Date, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage commencement of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time term of this lease shall in the Premises no way be delayed or Building, which may result in an adjustment in Tenant’s Proportionate Share, postponed as provided in Paragraph 7.1a consequence thereof.

Premises. Landlord leases All real and personal property and other applicable taxes and assessments and other charges relating to Tenant the Premises which are due and Tenant leases from Landlord upon payable on or prior to the terms Closing Date as well as taxes and conditions hereinafter set forth assessments due and payable subsequent to the Premises. All corridors and restroom facilities located on each floor Closing Date but which Title Company requires to be paid at Closing as a condition to the issuance of the Premises title insurance policy described in Section 9.C, shall be considered part paid by Debtor at or prior to the Closing. The Closing documents shall be dated as of the PremisesClosing Date. The Premises Debtor and FFCA hereby employ Title Company to act as escrow agent in connection with the transaction described in this Agreement. Title Company shall be part of not cause the Building transaction to close unless and until it has received written instructions from FFCA and Debtor to do so. Debtor and FFCA will deliver to Title Company all documents, pay to Title Company all sums and do or cause to be constructed done all other things necessary or required by Landlord pursuant this Agreement, in the reasonable judgment of Title Company, to the terms of this Lease and part of the Project, as enable Title Company to comply herewith and to enable any title insurance policy provided for herein to be issued. Title Company is authorized to pay, from any funds held by it for FFCA's or Debtor's respective credit all amounts necessary to procure the extent constructed delivery of such documents and to pay, on behalf of FFCA and Debtor, all charges and obligations payable by Landlordthem, respectively. On or before the date that Debtor will pay all charges payable by it to Title Company. Title Company is ninety (90) days after the Delivery Dateauthorized, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent event any conflicting demand is made upon it concerning these instructions or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant mayescrow, at its election, cause to hold any documents and/or funds deposited hereunder until an action shall be brought in a court of competent jurisdiction to determine the Premises rights of Debtor and FFCA or to interplead such documents and/or funds in an action brought in any such court. Deposit by Title Company of such documents and funds, after deducting therefrom its charges and its expenses and attorneys' fees incurred in connection with any such court action, shall relieve Title Company of all further liability and responsibility for such documents and funds. Title Company's receipt of this Agreement and opening of an escrow pursuant to this Agreement shall be deemed to constitute conclusive evidence of Title Company's agreement to be measured bound by Tenant’s Architect (the terms and conditions of this Agreement pertaining to Title Company. Disbursement of any funds shall be made by wire transfer, as defined directed by FFCA and Debtor. Title Company shall be under no obligation to disburse any funds represented by check or draft, and no check or draft shall be payment to Title Company in compliance with any of the Tenant Improvement Agreement) requirements hereof, until it is advised by the bank in which such check or another licensed architect reasonably acceptable draft is deposited that such check or draft has been honored. Title Company is authorized to Landlordact upon any statement furnished by the holder or payee, at Tenant’s costor a collection agent for the holder or payee, of any lien on or charge or assessment in accordance connection with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building PlansPremises, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, concerning the amount of Base Rent payable by Tenant, such charge or assessment or the amount secured by such lien, without liability or responsibility for the accuracy of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage statement. The employment of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, Title Company as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only escrow agent shall not affect any rights of subrogation under the amount terms of Base Rent payable for the Premises or any allowance applicable title insurance policy issued pursuant to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1provisions thereof.

Premises. (a) Landlord leases to Tenant Tenant, and Tenant leases from Landlord upon Landlord, the Premises for the Term subject to the terms and conditions hereinafter set forth of this Lease. Tenant accepts the Premises. All corridors Premises in their “AS IS”, “WHERE IS”, “WITH ALL FAULTS” condition except that Landlord shall: (i) provide Tenant with the Improvement Allowance (as defined in and restroom facilities located on each floor pursuant to Exhibit C); (ii) provide Tenant with the Restroom Improvement Allowance (as defined in and pursuant to Exhibit C); (iii) perform any and all such additional repairs, maintenance, or replacements, if any, necessary to cause the Building and the Building’s structural, roof, electrical, mechanical, plumbing, and fire and life safety systems to be in good and proper working order and in full compliance with all applicable Laws as of the Delivery Date or, so long as Tenant’s legal occupancy of the Premises shall be considered part for the Permitted Use is not delayed, then in a timely manner (“Landlord’s Warranty Work”); and (iv) reimburse Tenant upon thirty (30) days’ invoice (together with reasonable supporting documentation and lien waivers) for costs incurred by Tenant in correcting and/or addressing material unexpected deficiencies related to Landlord’s Warranty Work in the Building and Premises discovered by Tenant in the planning and performance of the Premises. The Leasehold Improvements (as defined in and pursuant to Exhibit C) and in all cases for additional costs incurred by Tenant with respect to demolition, remediation, and disposal of Hazardous Materials located within the Building or Premises shall be part during completion of the Building Leasehold Improvements and any initial leasehold improvements to be constructed by Landlord the garden level or the fourth floor pursuant to Section 26 and 27, including, but not limited to, asbestos containing materials such as floor tile and mastic. Notwithstanding the terms foregoing, with respect to the removal of this Lease and part asbestos containing materials by Tenant during completion of the Project, as Leasehold Improvements and any initial leasehold improvements to the extent constructed garden level or the fourth floor pursuant to Sections 26 or 27, Landlord and Tenant shall split equally all costs incurred by Tenant relating to the demolition, remediation and disposal of asbestos containing materials located within the Building or Premises during completion of the Leasehold Improvements or any initial leasehold improvements to the garden level or the fourth floor pursuant to Sections 26 or 27, provided if the total costs exceed $600,000 per floor (such that Tenant’s share of such costs would exceed $300,000 per floor), in addition to Landlord’s obligation to reimburse Tenant for the first $300,000 of such costs per floor (as Landlord’s 50% share of such costs), Landlord shall also pay 100% of any costs in excess of $600,000 per floor. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet deliver possession of the Premises in accordance with to Tenant for Tenant’s completion of the Office Buildings: Methods Leasehold Improvements. Landlord shall cooperate and coordinate the performance and scheduling of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7Warranty Work such that Landlord does not unreasonably interfere with, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunderdelay, Tenant’s monthly payments of Base Rent shall be calculated on the basis performance of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1Leasehold Improvements.

Premises. Landlord leases to Tenant and Tenant leases from Landlord upon The Premises consists of a portion of the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each first floor of the Premises Building, and shall be considered part of include the Premisesparking specified in Paragraph 2.2, below. The Premises Landlord agrees that Landlord shall be part of cause the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area substantially as depicted on Exhibit “A” attached hereto. Landlord shall attempt to substantially complete construction of the Building Plans and any Tenant Improvements required to be constructed by Landlord as described in Paragraph 2.7, below, by August 1, 2003. In the event Landlord does not substantially complete the Building (as defined in indicated by the Tenant Improvement Agreement ) architect for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines Building indicating that the rentable square footage of Building has been substantially completed) by August 1, 2003, then the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At Commencement Date shall be delayed until such time as the rentable square footage is agreed upon or otherwise resolvedBuilding has been completed. In the event Landlord does not substantially complete the Building by January 1, Landlord and 2004, then Tenant shall execute an amendment may, during the ten (10) day period following January 1, 2004, elect, by providing written notice to Landlord, to terminate this Lease memorializing Agreement. In the rentable square footage event Landlord is constructing any Tenant Improvements pursuant to Paragraph 2.7, below, if such Tenant Improvements are not completed by Landlord by August 1, 2003, and the delays are not caused by or contributed to by Tenant (including, without limitation, Tenant’s failure to promptly approve space plans submitted by Landlord to Tenant), then the Commencement Date shall be delayed by the same number of days that Landlord is delayed in completing the Premises and amending, as necessary, Tenant Improvements due to no fault or contribution by Tenant. In the amount of Base Rent payable event the delays in causing the Tenant Improvements to be completed are caused by or contributed to by Tenant, then no delay in the amount Commencement Date shall occur as a result of such delay in completion. The rights of Tenant pursuant to this Paragraph 2.1 are Tenant’s sole and exclusive rights for a failure of Landlord to deliver the Premises to Tenant Improvement Allowancehereunder, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay have no liability whatsoever to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time Tenant for failure to time remeasure deliver the Premises and/or the Building in accordance Tenant Improvements to Tenant by the outside date specified herein. In the event the Commencement Date does not occur on or before January 1, 2004, then Landlord may, at any time thereafter until the Commencement Date, terminate this Lease. Upon termination by Tenant or Landlord hereunder, neither party shall have any other rights or obligations with generally accepted remeasurement standards selected by respect to this Lease Agreement, except that Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; providedshall refund to Tenant the payment made pursuant to Paragraph 1.10, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1above.

Premises. Landlord leases Landlord, in consideration of the Basic Rental to be paid and the other covenants and agreements to be performed by Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth stated, does hereby lease, demise and let unto Tenant the PremisesPremises commencing on the Commencement Date (as defined in Article I(d) hereof), or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated as herein provided. All corridors Provided all plans and restroom facilities located specifications are prepared, reviewed and approved in a manner so as not to delay Landlord's completion of the Leasehold Improvements (as defined in Section 3.2 hereof), Landlord anticipates that the Premises will be available and ready for occupancy on or about May 1, 2002. If the Premises are not available and ready for occupancy by May 1, 2002, then Landlord shall riot be deemed to be in default hereunder, and Tenant agrees to accept possession of the Premises at such tune as the Premises are available and ready for occupancy and such date shall be deemed to be the Commencement Date. If the Leasehold Improvements have not been substantially completed by June 15, 2002 (the "Outside Completion Date"), men, as Tenant's sole recourse, the Abatement Period (as defined in Section 4.1 hereof) shall be extended one (1) day for each floor day beyond the Outside Completion Date that the Leasehold Improvements have not been substantially completed; provided, however, if delay is caused or contributed to by act or neglect of Tenant or those acting for or under Tenant (hereinafter referred to as a 'Tenant Delay"), labor disputes, casualties, acts of God or the public enemy, governmental embargo restrictions, shortages of fuel, labor, or building materials, action or non-action of public utilities, 01 of local, state or federal governments affecting the work, or other causes beyond Landlord's reasonable control, men the Outside Completion Date shall be extended for me additional time caused by such delay. Such delays are each hereinafter referred to as an "Excused Delay." In order for Landlord to claim an Excused Delay, Landlord must provide Tenant written notice of such claim within ten (10) days after landlord becomes aware of such delay. Landlord hereby waives payment of Basic Rental and other payments to be made by Tenant hereunder covering any period prior to the date the Premises are available and ready for occupancy, all of which shall only commence upon the Commencement Date; however, should Tenant occupy the Premises prior to the Commencement Date specified in Article l(d) hereof; the Commencement Date and Lease Term shall be altered to coincide with said occupancy with the Expiration Date of this Lease remaining unchanged. For the purpose hereof, the Premises shall be considered part deemed "available and ready for occupancy" at such tune as Landlord has substantially completed the construction or installation of the Premises. The Premises shall be part of the Building any Leasehold Improvements (as defined in Section 3.2 hereof), if any, required to be constructed completed by Landlord pursuant to the terms Section 3.2 of this Lease and part of the Project, to toe extent reasonably necessary so as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. allow Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of occupy the Premises and amendingcommence operations of its business therein, notwithstanding the feet mat there may remain as necessaryincomplete certain minor, the amount of Base Rent payable by "punchlist" items which do not materially interfere with Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage 's intended use of the Premises; Landlord agrees to promptly attend to and complete the punchlist items in a good and workmanlike manner. Until The Leasehold Improvements shall be deemed to have been substantially completed when the rentable square footage following having occurred:(i) the issuance of a certificate of occupancy permitting Tenant to occupy die Premises (01 the taking of such other action as may be customary to permit occupancy or use thereof); and (ii) the issuance of a certificate of substantial completion by Landlord's architect respecting the Leasehold Improvements; provided, however, if the failure to secure such certificates or of taking such other action is caused by the act, failure to act or neglect of Tenant, then the Leasehold Improvements shall be deemed substantially completed and available and ready for occupancy on the day when such certificates may have been issued or such other, action may have been taken had it not been the act, failure to act or neglect of Tenant By occupying the Premises, Tenant shall be deemed to have accepted the Leasehold Improvements as substantially completed, except for minor "punchlist items. Tenant shall endeavor to provide Landlord with a list of deficiencies in the construction of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within Leasehold Improvements within thirty (30) days following such agreement after it has taken possession of the Premises with all Leasehold Improvements substantially completed; provided, further that nothing herein shall reduce or resolutionimpair Landlord's Construction Guaranty set forth in Section 3.3 below. After the Commencement Date of this Lease, Tenant shall pay to shall, upon request from Landlord, or execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall pay describe any deficiencies with respect to Tenant, the amount Leasehold Improvements of any deficiency or excess, as which Tenant has actual knowledge and shall also state the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord Commencement Date and adjust Tenant’s Proportionate Share based on such remeasurementExpiration Date; provided, however, that any such remeasurement based on a change in measurement standard only Landlord also confirms to Tenant the Commencement and Expiration Dates. Tenant shall not affect be allowed, no earlier than April 1,2002 (without the amount of Base Rent payable for requirement to pay Rent), and following two (2) days prior written notice to Landlord and subject to Landlord's reasonable approval, to install Tenant's equipment and racking system within the Premises provided that (i) Tenant has furnished to Landlord certificates of insurance evidencing the issuance of insurance as required by Tenant under Article XV hereof; and (ii) Tenant does not thereby interfere with the completion of construction of the Leasehold Improvements as a result of such installations. Tenant does hereby assume all risk of loss or damage to such machinery, equipment, fixtures and other personal property, aitd to indemnify, defend and hold harmless Landlord from any allowance applicable loss or damage to such machinery, equipment, fixtures and personal property, and all liability, loss or damage arising from any injury to the initial Term based on property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to any person or persons to the rentable square footage extent arising out of such installations. Any such use of the Premises. Landlord Premises is also subject to, and Tenant acknowledge that physical changes must comply with and observe, all applicable laws and all other terms and conditions of this Lease. In no event may occur from time to time Tenant conduct business in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1during such early access period.

Premises. The Landlord hereby leases to the Tenant, and the Tenant and Tenant hereby leases from Landlord upon the terms and conditions hereinafter set forth Landlord, for the Term, the Premises. All corridors and restroom facilities located on each floor As of the Commencement Date, the Premises shall be considered part consist of only the Initial Premises. In order to designate certain boundaries of the Initial Premises which currently may not be separately demised by walls, on or before the Commencement Date and/or within a reasonable period of time after the Commencement Date, Landlord and Tenant may reasonably agree to install signage, curtains or similar temporary separation to identify the boundaries of the Initial Premises. The Premises , all as shall be part reasonably agreed to by the parties, including the allocation and/or sharing of any costs related thereto. Within a reasonable period of time after the Commencement Date, Landlord, at Tenant’s sole cost and expense ([[***]]), shall install or cause to be installed secure access points (a) from outside the Building at Tenant’s entrance to the Initial Premises and (b) within the Building to be constructed by Landlord pursuant to secure access between the terms of this Lease Premises and part the remainder of the ProjectBuilding, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement budget and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010design plans reasonably approved by Landlord and Tenant, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based locations set forth on rentable square footage but shall be included in the term “Premises” for all other purposesExhibit B-2, attached hereto. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans Effective upon Substantial Completion (as defined in the Tenant Improvement Agreement Work Letter) for of the Building. Within one hundred twenty (120) days after the Delivery DateExpansion Premises, Tenant may, at its election, cause the Premises shall be deemed to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage consist of the Initial Premises as constructed varies from and the rentable square footage of the Premises Expansion Premises, as depicted on Exhibit D, attached hereto and incorporated by reference herein. Upon Substantial Completion of the Building PlansExpansion Premises, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant parties shall execute an amendment to this Lease memorializing in order to memorialize, among other things, the rentable square footage addition of the Expansion Premises and the updated percentages for calculating Tenant’s Tax Expense Allocable to the Premises and amendingTenant’s Operating Expenses Allocable to the Premises. In addition, as necessaryeffective upon the Substantial Completion of the Expansion Premises, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage Sientra Common Areas shall no longer include (i) any restrooms located outside of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30ii) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage locker rooms located outside of the Premises, (iii) any temporary or other office space located outside of the Premises, (iv) any vending machines or cafeteria areas located outside of the Premises, (v) any areas shown in blue on Exhibit B-3 attached hereto and incorporated by reference herein, and (vi) any of the restricted access areas shown in orange on Exhibit B-3 attached hereto and incorporate by reference herein. [[***]] [***] Landlord shall have no obligation to perform any work or make any installations or improvements in order to prepare the Premises for Tenant’s occupancy, except as may be set expressly forth in this Lease, including without limitation, the Work Letter. The taking of possession of the Initial Premises and the Expansion Premises by the Tenant acknowledge shall conclusively establish that physical changes may occur from time to the same and the Property were at such time in the Premises or Buildingsatisfactory condition, which may result in an adjustment in Tenant’s Proportionate Shareorder and repair, except as otherwise provided in Paragraph 7.1the Work Letter; provided that this sentence shall not relieve Landlord of any of its maintenance or repair obligations under this Lease.

Premises. Landlord leases to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the A. The Exhibit A-2 Premises shall be considered part of the Premisesprepared for Tenant's occupancy by XXXXXXXXXXX CONSTRUCTION CORPORATION ("OCC") as Tenant's General Contractor, at Tenant's sole cost and expense. The installations, facilities, materials and work to be installed and performed in the Exhibit A-2 Premises shall be part hereinafter referred to as "Tenant's Work". Landlord agrees to contribute the sum of Eighteen Thousand Six Hundred and Ninety Dollars and 00/100 ($18,690.00) towards the Building to cost of Tenant's Work ("Landlord's Construction Allowance"). Payment shall be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety made against invoices for work performed within twenty (9020) days after receipt by Landlord of such invoices. Tenant shall submit to Landlord, for Landlord's approval, on or before May 3, 1996, plans reflecting Tenant's Work to be performed in the Delivery Date, Landlord Exhibit A-2 Premises ("Tenant's Plans"). Tenant shall measure pay any cost for Tenant's Work in the rentable square feet Exhibit A-2 Premises in excess of Landlord's Construction Allowance. OCC shall perform Tenant's Work based on commercially competitive charges and in accordance with Tenant's Plans and shall obtain competitive bids from subcontractors. The Exhibit A-2 Premises shall be deemed ready for occupancy when OCC shall have substantially completed Tenant's Work in the Exhibit A-2 Premises in accordance with Tenant's Plans and shall have given five (5) days' notice to Tenant to such effect (the Office Buildings: Methods "Substantial Completion Date"). OCC's work in the Exhibit A-2 Premises shall be deemed substantially completed notwithstanding the fact that minor insubstantial details of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010construction, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7mechanical adjustment or decoration remain to be performed, the Roof Top Area shall non-completion of which does not be included in the calculation materially interfere with Tenant's use of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Exhibit A-2 Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1.

Premises. In consideration of the obligation of Tenant to pay rent as hereinafter provided and in consideration of the other terms, provisions and covenants hereof, Landlord hereby demises and leases to Tenant Tenant, and Tenant leases hereby takes from Landlord upon Landlord, those certain tracts or parcels of land located in the terms County of Clarx, Xxate of Nevada, and conditions hereinafter set forth more particularly described on Exhibit A attached hereto and made a part hereof (the Premises. All corridors "Land"), together with any buildings and restroom facilities located on each floor other improvements erected or to be erected thereon, and together with all rights, privileges, easements and appurtenances belonging or in any way pertaining to the Land (all of the Premises shall be considered part of foregoing hereinafter collectively referred to as the Premises"LEASED PREMISES"). The Leased Premises shall be part is now the subject of two existing leases -- (i) a lease dated May 1, 1987 between the Building to be constructed by Landlord pursuant Brooxx Xxxily Trust and Travelodge International Incorporated (the "TRAVELODGE LEASE") and (ii) a lease dated May 1, 1992 between the Brooxx Xxxily Trust and Moving Forward, Inc. (the "MOVING FORWARD LEASE"). Subject to the following terms of this paragraph, Landlord hereby assigns its rights and obligations under the Travelodge Lease and part the Moving Forward Lease (collectively, the "EXISTING LEASES") to Tenant. Tenant will indemnify and hold Landlord harmless from any claims arising out of any breach of the Project, as Existing Leases by Tenant. All rents accruing and to received under the extent constructed by Landlord. On or before the date that is ninety (90) days Existing Leases from and after the Delivery Date, Landlord shall measure Effective Date during the rentable square feet term of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but this Lease shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay paid to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that rents received by Tenant pursuant to the Existing Leases shall first be applied against any rents which became due and payable during the thirty (30) day period preceding the Effective Date, and the same shall be paid to Landlord. Concurrently herewith, Landlord shall provide Tenant with a certificate showing any delinquent or past due rents under the Existing Leases. During the Feasibility Period, as defined below, it is anticipated that Tenant will attempt to reach an agreement with the tenants under the Existing Leases allowing Tenant to terminate such remeasurement based on leases. Any buyout amounts or other costs of negotiating such agreements and/or terminating such leases shall be paid by Tenant. Tenant acknowledges that Article XXII of the Travelodge Lease grants a change right of first refusal to the tenant thereunder. Unless such right of first refusal is waived by the tenant under the Travelodge Lease, Landlord shall, promptly after execution of this Lease, offer the Leased Premises to such tenant in measurement standard only accordance with such right of first refusal. If such offer is accepted, this Lease shall not affect automatically terminate and the amount remaining portion of Base Rent payable the Security Deposit, as defined below, shall be returned to Tenant. Tenant acknowledges that the Travelodge Lease contains an early termination provision and that Landlord has entered into a letter agreement, dated January 3, 1995, with the tenant under such lease providing for the Premises reimbursement of certain of such tenant's refurbishment costs in the event of early termination. Any amounts payable under such lease provision or any allowance applicable side letter shall likewise be due and payable by Tenant. Similarly, Tenant acknowledges that the Travelodge Lease provides for a maintenance reserve (the "TRAVELODGE RESERVE") which is to be paid to Landlord upon termination of the Travelodge Lease. All funds held in or payable to the initial Term based on the rentable square footage Travelodge Reserve as of the Premises. Landlord Effective Date, which the parties agree to be Four Hundred Thirty-Nine Thousand Four Hundred Forty-Four Dollars and Ninety Cents ($439,440.90), (the "EXISTING RESERVE AMOUNT") shall be the sole and exclusive property of Landlord, and Tenant acknowledge that physical changes may occur from time shall have no interest therein. Any amounts added to time in the Premises or Building, which may result in an adjustment in Travelodge Reserve after the Effective Date shall be the sole and exclusive property of the Tenant’s Proportionate Share, as provided . In no event shall Tenant terminate either of the Existing Leases until Tenant's right of termination set forth in Paragraph 7.15 below expires or is waived by Tenant, and in no event shall Tenant terminate the Travelodge Lease unless the tenant thereunder releases the Existing Reserve Amount to Landlord promptly upon such termination.

Premises. Landlord hereby leases to Tenant and Tenant leases hereby hires from Landlord a portion of floor 12A, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the “Premises”) in the building known as 0000 Xxxxxxxx, in the Borough of Manhattan, New York County, City and State of New York (the “Building” and together with the plot of land upon which such building stands, the terms “Real Property”) for a term (the “Term”) to commence on the “Commencement Date” (hereinafter defined), and conditions to end on the “Expiration Date” (hereinafter set forth defined), both dates inclusive, unless the Premises. All corridors and restroom facilities located on each floor Term shall sooner end pursuant to any of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms terms, covenants or conditions of this Lease and part or pursuant to law at the “Rent” (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the ProjectUnited States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method Bhereinafter otherwise provided), at the office of Landlord or such other place as interpreted by Landlord’s architect. As provided in Paragraph 40.7Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted first monthly installment on the Building Plans execution hereof. If the Rent Commencement Date (as defined in hereinafter defined) shall occur on a date other than the Tenant Improvement Agreement first (1st) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method day of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolutionany calendar month, Tenant shall pay to Landlord, or Landlord on the first (1st) day of the month next succeeding the month during which the Rent Commencement Date shall pay occur, an amount equal to Tenant, the amount such proportion of any deficiency or excess, an equal monthly installment of Rent as the case may benumber of days from and including the Rent Commencement Date bears to the total number of days in said calendar month. Such payment, in together with the Base sum paid by Tenant upon the execution of this Lease, shall constitute payment of the Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable period from the Rent Commencement Date to and including the initial Term based on the rentable square footage last day of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1next succeeding calendar month.

Premises. Landlord leases Effective as of the date hereof, Section 1.01 of the Original Lease is amended to add the following: “Tenant and Landlord agree that Tenant leases shall surrender the “Existing Premises” (such term as used herein intending to refer to the 3,102 rentable square feet on the 3rd floor of the portion of the Building known as the Riverview Building and known as Suite 3D) to Landlord on the “Replacement Premises Commencement Date” (as herein after defined) in accordance with the provisions of Section 8.6, and as of such date Tenant shall cease to have any tenancy or occupancy rights to the Existing Premises. Landlord and Tenant agree that from and after the Replacement Commencement Date, the “Premises” shall be the 5,855 rentable square feet on the 2nd floor of the portion of the Building known as the Courtside Building, shown on Exhibit A (revised) attached hereto (also known as the “Replacement Premises”). Tenant agrees to lease the Replacement Premises from Landlord, and Landlord upon hereby agrees to lease the Replacement Premises to Tenant, subject to all of the terms and conditions hereinafter set forth hereof, commencing on the Premises. All corridors and restroom facilities located on each floor of the Replacement Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Commencement Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an a full, adequate and complete opportunity to verify inspect the calculation of the rentable square footage of the area as depicted on the Building Plans Replacement Premises, and, subject to Landlord’s obligation to complete “Landlord’s Replacement Premises Work” (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Datehereinafter defined), Tenant mayis fully and completely satisfied with the Replacement Premises. If any repairs, at its electionimprovements or work, cause other than Landlord’s Replacement Premises Work, should be necessary to prepare the Replacement Premises to be measured by for Tenant’s Architect (as defined in the use and occupancy, Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, shall perform such additional work at Tenant’s cost, sole cost and expense and in any event in accordance with the method terms and conditions of measurement described in this ParagraphLease. If Tenant determines that On the rentable square footage Replacement Premises Commencement Date, this Lease shall terminate with respect to the Existing Premises and all of the Premises as constructed varies from the rentable square footage terms and conditions of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing shall apply to the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Replacement Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunderThereafter, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable all references to the initial Term based on capitalized term “Premises” shall mean the rentable square footage of the Replacement Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1.”

Premises. Landlord leases to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of Except for dumpsters, neither trash nor any other material or thing shall be stored outside the Premises shall be considered part of and storage in, or use of, above-ground storage tanks is prohibited. Tenant may maintain storage trailers and other similar storage facilities (excluding tanks) on the PremisesPremises provided such facilities comply with all applicable laws. The Premises shall be part of In the Building event the Tenant fails to be constructed by Landlord pursuant to the comply with any terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within paragraph within thirty (30) days written notice of said violation(s), then Landlord shall, following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay telephonic notice to Tenant, undertake such steps which are necessary to rectify the amount violation(s) with Tenant being liable for all cost thereof, including any penalty or fine(s) associated with said violation(s) and any expenses incurred by Landlord to enforce this provision, whether court costs, attorneys' fees or any other cost of any deficiency or excess, as the case may be, in the Base Rent previously paidcollection and enforcement. Landlord may from time to time remeasure Tenant shall not be responsible for correcting conditions on the Premises and/or necessary to comply with the Building Americans With Disabilities Act ("ADA") or laws relating to health, safety or the environment if such conditions existed as of the Commencement Date of the Lease and were then not in accordance compliance with generally accepted remeasurement standards selected by ADA or laws relating to health, safety or the environment; rather, Landlord shall correct such conditions and adjust be obligated to bring the Premises into compliance with such laws at its sole cost and expense. If the conditions did not exist as of the Commencement Date of the Lease or did exist, but were then in compliance with laws relating to health, safety or the environment (excluding ADA), Landlord shall nevertheless correct such conditions and be obligated to bring the Premises into compliance with such laws at its sole cost and expense, but may treat such expenses as "Operating Expenses," to be passed through to Tenant’s Proportionate Share based on such remeasurement; provided, provided however, that the cost of correction of such conditions shall be amortized over the useful life thereof, together with interest at the actual interest rate incurred by Landlord in connection with such cost of correction, and only that portion attributable to any such remeasurement based on a change one Lease year shall be chargeable to Tenant as an Operating Expense in measurement standard only shall not affect the amount that Lease year, and payable by Tenant within thirty (30) days of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in receiving an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1invoice therefor.

Premises. In the event that Landlord leases fails to make any repairs to the Building or its systems which directly affect the use of the Premises, or supply any services to Premises, Tenant shall have the right to provide written notice thereof to Landlord, which notice shall, if possible, specify with reasonable detail the failure and required action. Landlord shall cure such default within ten (10) business days after receipt of such notice (provided that if such failure cannot be cured within ten (10) business days, then such longer period as may reasonably be required provided that Landlord begins curative action within such 10-business day time period and thereafter diligently prosecutes such curative action to completion). In the event that Landlord fails to satisfy the applicable obligation(s) or provide the applicable service in the specified time period, then Tenant shall provide a second written notice to Landlord, which notice shall describe the work or service that Tenant intends to undertake and the estimated cost of such work or service, to the extent practical. In the event that Landlord fails to satisfy the applicable obligation(s) or provide the applicable service within five (5) business days following receipt of the second notice, Tenant may proceed to make the repairs or service that Landlord failed to make. Notwithstanding the foregoing, Tenant shall not make any such repairs or service in the event that (a) prior to any such repairs or service Landlord gives to Tenant written notice of the legitimate business reasons (other than lack of funds) as to why Landlord is not willing to make such repairs or service in the time requested by Tenant, and Tenant leases from Landlord upon the terms and conditions hereinafter set forth (b) not making such repairs or service will in no manner impair Tenant’s use of, and/or access to, the Premises. All corridors By way of example and restroom facilities located on each floor not by limitation, it may be more effective for Landlord to make certain non-emergency repairs during warmer months of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1year.

Premises. Landlord leases If LESSOR terminates this Lease, LESSOR may recover from LESSEE the sum of (i) all Rent and all other amounts accrued hereunder to Tenant the date of such termination; (ii) the costs of all actual expenses arising out of such termination, including, without limitation, (a) all costs actually incurred in collecting such amounts due from LESSEE under this Lease (including reasonable attorneys’ fees actually incurred and Tenant leases from Landlord upon the terms costs of litigation and conditions hereinafter set forth the Premises. All corridors like but only if LESSOR is successful in its litigation); and restroom facilities located (b) all customary and necessary expenses incurred by LESSOR in attempting to relet the Premises or parts thereof (including advertisements, brokerage commissions, tenant’s allowances, lease inducements, costs of preparing space, and the like); and (iii) an amount equal to (A) the Rent which would have been payable by LESSEE under this Lease had this Lease not been so terminated for the period commencing after said termination and ending on each floor the last day of the Lease Term. If LESSOR terminates this Lease, LESSOR shall use commercially reasonable efforts to relet the Premises which efforts shall be considered part subject to the reasonable requirements of LESSOR to lease to high quality tenants and to develop the Premises with an appropriate mix of uses, tenants, and terms of tenancies, and the like and factoring in the location and nature of the Premises. The It is agreed that hiring a reputable leasing broker to lease the Premises at market price and cooperating in good faith with such broker shall be part of satisfy the Building requirement that Landlord use commercially reasonable efforts to be constructed by Landlord pursuant to the terms of relet. Even though LESSEE has breached this Lease and part of abandoned the ProjectPremises, this Lease shall continue in effect for so long as LESSOR does not terminate the Lease and LESSOR may enforce all its rights and remedies under this Lease, including the right to recover Rent and as it becomes due. Any such payments due LESSOR shall be made on the extent constructed by Landlorddates that Rent would otherwise come due under this Lease, and LESSEE agrees that Landlord may file suit to recover any sums falling due from time to time. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the If any payment of Base Rent or the calculation of percentages or figures based on rentable square footage but any other payment payable hereunder by LESSEE to LESSOR shall be included in the term “Premises” overdue for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation a period of the rentable square footage of the area as depicted on the Building Plans more than thirty (as defined in the Tenant Improvement Agreement 30) for the Building. Within one hundred twenty (120) days after the Delivery Datedays, Tenant mayLESSOR may impose, at its election, cause interest on the Premises overdue amount from the date when the same was payable until the date paid at a rate equal to be measured by Tenant’s Architect twelve percent (as defined in the Tenant Improvement Agreement12%) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraphper annum. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant LESSEE shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may bedefault after reasonable notice thereof, in the Base Rent previously paid. Landlord observance or performance of any conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of any of the provisions in any article of this lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on remedy such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable default for the Premises account and at the expense of the LESSEE. If the LESSOR reasonably makes any expenditures or incurs any allowance applicable obligations for the payment of money in connection curing a LESSE default or enforcing this lease in any respect including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the rate of ten (10) percent per annum and costs shall be paid to the initial Term based on LESSOR by the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time LESSEE as additional rent in the Premises or Building, which may result event that the LESSOR prevails in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1such action.

Premises. Landlord leases to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment each hereby approve the matters described in Exhibit B to this Lease memorializing the rentable square footage First Amendment. Upon execution and delivery of the Premises this First Amendment by both Landlord and amending, as necessary, the amount of Base Rent payable by Tenant, Landlord shall, at Landlord's sole cost and expense, commence to perform the amount of the Tenant Improvement Allowancework and improvements described in Exhibit B to this First Amendment using building standard materials and work ("Landlord's Work"), and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent which work shall be calculated on the basis of the approximate rentable square footage set forth performed in the Basic Lease Informationtime and manner hereinafter set forth. Within thirty (30) days following such agreement or resolutionTo the extent necessary for the prompt and efficient completion of Landlord's Work, Tenant shall pay hereby grants Landlord the right of access to, upon, over and through the Original Premises in order for Landlord to perform Landlord, or Landlord shall pay to Tenant, the amount of 's Work. Such access may be made at any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in Landlord's discretion provided that Landlord shall give Tenant advance oral or written notice of the days and times Landlord shall require access to the Original Premises or Building, which for the purposes stated herein. Tenant here by acknowledges that work of the type and scope of Landlord's Work may result in an adjustment temporary shut-down of work and electrical service and other services in the Original Premises. In exercising Landlord's right to access the Original Premises and to perform Landlord's Work under this Paraxxxxx 0, Xxxxxxxx xxxll use good faith efforts to avoid unreasonable interference with Tenant’s Proportionate Share's use of the Original Premises. Landlord shall provide Tenant with advance notice of the shut down, if any, of services or utilities in connection with performing Landlord's Work and shall use good faith efforts to promptly reinstate any service so curtailed or suspended. Tenant hereby acknowledges that it has inspected the 1st Amendment Space and the common areas of the Building and, except for the Landlord's Work, has agreed to lease the 1st Amendment space in its current "as provided is, where is" condition with all faults and without representation or warranty by Landlord of any kind. Prior to Tenant taking occupancy of the Premises, Tenant shall provide Landlord with a punch-list detailing (a) those aspects of Landlord's Work which are not then completed and (b) any defects in Paragraph 7.1workmanship or materials with respect to Landlord's Work. The Landlord's Work shall be deemed approved by Tenant when Tenant commences occupancy of the 1st Amendment Space for the Permitted Use, except for items which are then not completed or do not conform to specifications described in Exhibit B to this First Amendment and as to which Tenant shall have given Landlord written notice prior to the date which is 30 days after the date Tenant shall occupy the 1st Amendment Space for the Permitted Uses.

Premises. Landlord leases to Tenant and Tenant leases from Landlord a. Effective upon the terms and conditions hereinafter set forth earlier of, (i) the Premises. All corridors and restroom facilities located on each floor Substantial Completion Date (as defined in Section 3.4 of Exhibit B, hereof), or (ii) Tenant’s commencement of business activities in any part of Suite 2000 (“Suite 2000 Commencement Date”) the Premises shall be considered part revised to include Suite 2000. If Landlord fails to deliver possession of the Premises. The Premises shall be part of the Building to be constructed Suite 2000 by Landlord pursuant to the terms of this Lease and part of the ProjectJune 1st, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date2019 for any reason, Landlord shall measure not be liable for any damages caused thereby, and this Lease shall not become void or voidable. Notwithstanding the rentable square feet preceding sentence, if Landlord has not delivered possession of Suite 2000 to Tenant by September 1st, 2019 (the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B"Suite 2000 Delivery Deadline"), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area Landlord shall not be included have any liability to Tenant, but in such event (excepting cases in which such non-delivery was due in whole or in part to a Force Majeure Event), Tenant, as its sole remedy, shall have the calculation right to cancel this Amendment by giving written notice of such cancellation to Landlord at any time after the rentable square feet Suite 2000 Delivery Deadline and prior to the date Landlord delivers possession of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but Suite 2000 to Tenant, in which case this Amendment shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within cancelled effective thirty (30) days following such agreement or resolutionafter Landlord's receipt of Tenant's cancellation notice, unless Landlord delivers possession of Suite 2000 to Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurementwithin said thirty (30) day period; provided, however, that the Suite 2000 Delivery Deadline shall be extended by the number of days that Landlord is delayed in delivering possession of Suite 2000 due to any Tenant Delay (as defined in Paragraph 5 of Exhibit B, hereof). In the event of such remeasurement based on a change in measurement standard only cancellation by Tenant, Landlord shall not affect promptly return the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate ShareAdditional Security Deposit, as provided in Paragraph 7.1hereinafter defined, to Tenant.

Premises. Landlord hereby leases to Tenant and Tenant leases hereby hires from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor a portion of the Premises sixth (6th) floor, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as 0000 Xxxxxxxx, in the Borough of Manhattan, New York County, City and State of New York (the "Building" and together with the plot of land upon which such building stands, the "Real Property") for a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall be considered part sooner end pursuant to any of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms terms, covenants or conditions of this Lease and part or pursuant to law at the "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the ProjectUnited States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method Bhereinafter otherwise provided), at the office of Landlord or such other place as interpreted by Landlord’s architect. As provided in Paragraph 40.7Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted first monthly installment on the Building Plans execution hereof. If the Commencement Date (as defined in hereinafter defined) shall occur on a date other than the Tenant Improvement Agreement first (1st) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method day of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolutionany calendar month, Tenant shall pay to Landlord, on the first (1st) day of the month next succeeding the month during which the Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment of Rent as the number of days from and including the Commencement Date bears to the total number of days in said calendar month. Such payment, together with the sum paid by Tenant upon the execution of this Lease, shall constitute payment of the Rent for the period from the Commencement Date to and including the last day of the next succeeding calendar month. In the event that, on the Commencement Date, or thereafter, Tenant shall be in default in the payment of Rent to Landlord shall pay or any affiliate of Landlord pursuant to the terms of another lease of space with Landlord or any affiliate of Landlord, or with any predecessor-in-interest of Landlord or Landlord's affiliate, Landlord may, at Landlord's option and without notice to Tenant, add the amount of such arrearages to any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage monthly installment of the Premises. Rent and the same shall be payable to Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1additional rent hereunder.

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, certain premises to be comprised of approximately 61,380 rentable square feet (the "Premises") in a building to be constructed by Landlord upon (the terms "Building") and conditions hereinafter set forth situated on certain land (the "Land") in Morrisville, the County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. All corridors A floor plan of the Building and restroom facilities located on each floor the Premises shall be attached hereto and made a part hereof as Exhibit B. The measurement of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises conducted in accordance with BOMA standards, 1996 edition, currently applicable for a Class A office building comparable to the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted Building. Any upfit performed by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of Landlord to prepare the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but occupancy by Tenant shall be included conducted in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, a good and workmanlike manner and in accordance with all laws, statutes, and regulations, and Landlord shall warrant the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage construction of the Premises as constructed varies improvements for a period of one year from the rentable square footage Commencement Date. The taking of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and possession by Tenant shall execute an amendment be deemed conclusively to this Lease memorializing the rentable square footage establish that each portion of the Premises and amending, any improvements thereto are in good and satisfactory condition as necessary, the amount of Base Rent payable by Tenant, the amount of the date Tenant Improvement Allowance, and such other amounts and other terms hereof commenced occupancy of that are affected by the rentable square footage portion of the Premises, except for latent defects and punchlist items. Until Tenant and Landlord shall complete a punchlist of items requiring repair that are the rentable square footage responsibility of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within Landlord within thirty (30) days following of the Commencement Date. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord unless such agreement representations or resolutionpromises are expressly set forth in this Lease. Within five days of the Commencement Date, Tenant shall, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date. All construction of the Premises shall be performed by Landlord in accordance with the schedule, plans and specifications for the Premises (herein referred to collectively as the "Plans") which Plans are subject to the mutual and reasonable approval of Landlord and Tenant, a preliminary copy of which is attached hereto and made a part hereof as Exhibit C. Construction of the Premises shall proceed in accordance with the Building Design and Construction Schedule attached hereto and made a part hereof as Exhibit C-1. The components of the Shell Building shall be as set forth in Exhibit C-2, attached hereto and made a part hereof. The components of the Building Upfit shall be as set forth in Exhibit C-3, attached hereto and made a part hereof. Tenant shall review the Plans to provide its input with respect to all aspects of the Plans, including, but not limited to, the specific needs of Tenant with respect to Heating, Ventilation and Air Conditioning and other Building systems, and Landlord shall act reasonably to accommodate the specific needs of Tenant with respect to the Building systems. Notwithstanding the above, Landlord and Tenant agree that a formal construction schedule and final Construction Drawings and Specifications, upon the completion of such documents by Landlord, Landlord's architectural and engineering service providers, and other such parties and further subject to the mutual and reasonable approval of such documents by Landlord and Tenant, will replace the contents of Exhibit C for purposes of controlling the actual construction of the Premises; and such formal construction schedule and final Construction Drawings and Specifications shall replace Exhibit C by means of a lease amendment between Landlord and Tenant. The base rent delineated in Paragraph 2(a) includes the costs of the Shell Building, currently estimated to be Ninety-Four and 35/100 Dollars ($94.35) per rentable square foot of the Premises (the "Shell Allowance"). Should the actual costs of the Shell Building (together with the reduced or increased financing costs and commissions of the Landlord) be different than the Shell Allowance, the base rent due hereunder shall be increased or decreased accordingly by multiplying the difference between the actual cost thereof and the Shell Allowance by a factor of Ten and 85/100 Percent (10.85%), as reasonably determined by Landlord. The base rent delineated in Paragraph 2(a) also includes a contribution by the Landlord of Ninety-Two and 14/100 Dollars ($92.14) per rentable square foot of the Premises to be applied to the Building upfit, as set forth in Exhibit C-2 (the "Upfit Allowance"). Further, Landlord has agreed to permit Tenant to increase the Upfit Allowance by up to an additional Twelve and 86/100 Dollars ($12.86) per Rentable Square Foot of the Premises to satisfy Tenant's interior finish requirements, as reasonably approved by Landlord (the Additional Upfit Allowance"). At the option of Tenant, any portion or all of the Additional Upfit Allowance used by Tenant to complete the upfit shall be amortized over the term of the Lease with interest at the rate of eleven percent (11%) per annum and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Should for any reason the upfit costs for the Premises be greater than a total of One Hundred Five and NO/100 Dollars ($105.00) per rentable square foot (the "Maximum Upfit Allowance"), such excess (the "Excess") shall be borne by Tenant and payable by Tenant to Landlord within thirty (30) days of demand by Landlord to Tenant. Failure by Tenant to pay the Excess upon demand as aforesaid is an event of default hereunder and, in addition to all other remedies available to Landlord at law, or in equity for such event of default, Landlord may recover from Tenant the cost it incurs in preparing the Premises for another tenant. Should the upfit costs for the Premises be less than the Upfit Allowance, Tenant shall pay be allowed to upgrade the improvements to the Premises, as reasonably approved by Landlord, to fully utilize the entire Upfit Allowance; or Tenant may elect to have Landlord shall pay apply the unused Upfit Allowance (together with the reduced financing costs and commissions of Landlord), multiplied by the amortization constant for eleven percent (11%) per annum to reduce the base rent due hereunder, proportionately over the entire Lease Term, all as reasonably determined by Landlord and Tenant, the amount of any deficiency or excess, as the case may be. Additionally, in the Base Rent previously paidevent that Tenant shall not utilize all the Upfit Allowance or all or any part of the Additional Upfit Allowance, Tenant shall have the right to apply such unused monies towards the costs of upfitting the Premises subsequent to completion of the initial improvements ("Deferred Allowance") up to the Maximum Upfit Allowance, subject to mutual and reasonable approval of plans and specifications for such improvements by Landlord and Tenant. Tenant's right to the Deferred Allowance shall expire at the end of the second year of the term of the Lease and Landlord shall have no further obligation to provide any improvement allowances of any kind during the term of the Lease unless stated otherwise in this Lease. Any Deferred Allowance used by Tenant shall be amortized over the term of the Lease remaining at the time of completion of such improvements, with interest at the rate of eleven percent (11%) per annum (the "Amortization Constant"), and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Landlord may from time shall act reasonably to time remeasure allow Tenant reasonable access to the Premises and/or at least thirty days prior to the Commencement Date to install its furniture, telephone and computer systems, and other special Building systems. Tenant covenants and agrees to conduct its actions in such a manner to not disturb the preparation by Landlord of the Premises for occupancy by Tenant. Upon the entry by Tenant onto the Premises, this Lease shall be deemed to apply with respect to the requirements that Tenant carry the insurance policies required under this Lease, and that Tenant shall indemnify, defend and hold harmless Landlord in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount provisions of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Sharethis Lease, as provided in Paragraph 7.1Sections 10 and 11 hereof.

Premises. Landlord leases Lessor and Lessee agree to Tenant inspect the Premises jointly prior to Lessee taking possession and Tenant leases from Landlord upon to complete a move-in checklist noting in writing any existing damage to the terms Property; further, within three (3) business days following the termination of Lessee’s occupancy, Lessor and conditions hereinafter set forth Lessee will jointly re-inspect the Premisespremises and compile a comprehensive list of any damage done to the premises during Lessee’s occupancy. All corridors Lessee will be responsible for the cost of repairing any such damage. Lessee agrees to maintain the premises in a clean and restroom facilities located on each floor orderly condition at all times and will be charged at least $200.00 for the cost of clean up if the premises and yard are not left clean, free of trash, and ready for occupancy by the next tenant at the termination of this lease. If Lessee does not maintain the interior and exterior of the Premises premises in a clean and sanitary manner, Lessor may have the premises cleaned at Lessee’s expense if Lessee does not do so after receiving three day’s written notice from Lessor. Lessee acknowledges that the residence, equipment, and fixtures will be under the control of Lessee and Lessee accepts the unit in “AS IS” condition as suited for the use intended. Lessee agrees to keep said premises, together with the fixtures therein, in a clean, neat, safe and sanitary condition. Lessee will at once report in writing to Lessor any defective or unsafe condition known to Lessee that Lessor is required to repair, and failure so to report will relieve Lessor of any responsibility for any damage or injury resulting from such condition. Lessee will be liable for, and shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant hold Lessor harmless from, any damage to the terms of this Lease premises and part of the Project, as and for any claims or injuries due to the extent constructed by Landlordaction or inaction of Lessee. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant Lessee shall pay to LandlordLessor as additional rent with the next rent payment the cost of repairing any damage, beyond normal wear and tear, caused by Lessee or Landlord shall pay to Tenant, the amount a guest. Lessee will not withhold payment of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on rent because a change in measurement standard only shall repair has not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1been completed.

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, certain premises to be comprised of 99,684 rentable square feet (the "Premises") in a building to be constructed by Landlord upon consisting of four floors in Perimeter Park West (the terms "Building") situated on certain land (the "Land") in Morrisville, the County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto and conditions hereinafter set forth incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. All corridors and restroom facilities located on each floor The measurement of the Premises shall be considered part conducted in accordance with BOMA standards, 1996 edition, currently applicable for a Class A office building comparable to the Building. Any upfit performed by Landlord to prepare the Premises for occupancy by Tenant shall be conducted in a good and workmanlike manner, and Landlord shall warrant the construction of the improvements for a period of one year from the Commencement Date. The taking of possession by Tenant shall be deemed conclusively to establish that each portion of the Premises and any improvements thereto are in good and satisfactory condition as of the date Tenant commenced occupancy of that portion of the Premises, except for latent defects and punchlist items. The Tenant and Landlord shall complete a punchlist of items requiring repair that are the responsibility of Landlord within thirty (30) days of the Commencement Date. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord unless such representations or promises are expressly set forth in this Lease. Within five days of the Commencement Date, Tenant shall, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date. All upfit of the Premises shall be performed by Landlord in accordance with the final plans and specifications for the Premises (the "Plans") which are subject to the approval of Landlord and Tenant, a copy of which are attached hereto and made a part hereof as Exhibit C. Exhibit C-1 contains a preliminary outline of the Building to be constructed by Landlord pursuant to the terms of this Lease and part upfit of the Project, Premises and shall be modified by the mutual approval of Landlord and Tenant as the plans and to the extent constructed by Landlordspecifications are finalized. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure conduct the rentable square feet upfit of the Premises in accordance with the Office Buildings: Methods of Measurement Plans which have been mutually and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted reasonably approved by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area Landlord and Tenant and shall not be included in the calculation of the rentable square feet of the Premises provide an upfit allowance for such purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraphmutually approved Plans (the "Upfit Allowance"). If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1.

Premises. Landlord leases does hereby rent and lease to Tenant and Tenant leases does hereby rent and lease from Landlord, the Premises located in the Building identified in the Basic Lease Provisions, situated on the real property described in Exhibit A attached hereto (the “Property”), such Premises as all further shown by diagonal lines on the drawing attached hereto as Exhibit A-1 and made a part hereof by reference. Landlord upon has determined the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor square footage of the Premises shall be considered part of using the PremisesBOMA 1996 standard. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises is approximately as set forth in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation Section 6.1 of the Summary. The rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on and the Building Plans (as defined in are subject to verification prior to the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery DateCommencement Date by Landlord or Tenant, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines and if such verification discloses that the rentable square footage of the Premises as constructed varies amounts shall be different from the those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect rentable square footage of the Premises as depicted on the Building Plansfeet (including, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenantwithout limitation, the amount of the Base Rent and Tenant’s Share) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant. Tenant Improvement Allowancehas inspected the Premises and agrees to accept the same “AS IS,” without representation or warranty on the part of Landlord to perform any improvements therein, except as expressly set forth in Exhibit B attached hereto and made a part hereof, except that the foregoing will not affect Landlord’s maintenance and repair obligations hereunder and except that, as of the Commencement Date (as defined in Section 2(a), below), Landlord represents and warrants that the building systems serving the Premises, including the sprinkler system, HVAC system, mechanical, electrical and plumbing systems, and such other amounts roll-up doors, if any, shall be in good working order, and other terms hereof the roof shall be watertight and Landlord shall warrant these items for a period of ninety (90) days following Lease Commencement. Landlord shall replace and /or refurbish as needed the existing HVAC units prior to Lease Commencement at Landlords sole cost and expense. Landlord and Tenant agree that are affected the number of rentable square feet described in Paragraph 2 of the Basic Lease Provisions has been confirmed and conclusively agreed upon by the rentable square footage of parties. No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises. Until Tenant shall have the rentable square footage non-exclusive right, in common with the other parties occupying the Property, to use all the grounds, sidewalks, parking areas, driveways and alleys of the Premises is agreed upon or otherwise resolved hereunderProperty, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty twenty-four (3024) hours per day seven (7) days following per week subject to such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, reasonable rules and regulations as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurementprescribe; provided, however, that Tenant shall have the exclusive use and control a portion of the parking and paved areas designated on Exhibit A-1 attached hereto (“Tenant’s Exclusive Parking Areas”) twenty-four (24) hours per day seven (7) days per week. Subject to any such remeasurement based on a change in measurement standard only applicable local, state or federal law, ordinance, rule, regulation, Code or order of any governmental entity or insurance requirement (collectively, “Laws”), Tenant may use the Tenant’s Exclusive Parking Areas for customer and employee parking of vehicles only. Tenant shall not affect the amount succeed to any of Base Rent payable for the Premises or any allowance applicable Landlord’s easement rights over and relating to the initial Term based on Property, nor shall Tenant obtain any rights to common areas, as designated by Landlord, other than those rights specifically granted to Tenant in this Lease. Landlord shall have the rentable square footage sole right of control over the use, maintenance, configuration, repair and improvement of the Premisescommon areas (the parties acknowledging that Tenant’s Exclusive Parking Areas shall not constitute part of the common areas hereunder). Landlord and Tenant acknowledge that physical may make such changes to the use or configuration of, or improvements comprising, the common areas as Landlord may occur from time elect without liability to time Tenant; provided, however, that, in the Premises or Buildingexercise of Landlord’s rights under the last two sentences of this Paragraph, which may result in an adjustment in Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s Proportionate Share, as provided business operations in Paragraph 7.1and from the Premises.

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, certain premises to be comprised of approximately 61,380 rentable square feet (the “Premises”) in a building to be constructed by Landlord upon (the terms “Building”) and conditions hereinafter set forth situated on certain land (the “Land”) in Morrisville, the County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. All corridors A floor plan of the Building and restroom facilities located on each floor the Premises shall be attached hereto and made a part hereof as Exhibit B. The measurement of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises conducted in accordance with BOMA standards, 1996 edition, currently applicable for a Class A office building comparable to the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted Building. Any upfit performed by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of Landlord to prepare the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but occupancy by Tenant shall be included conducted in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, a good and workmanlike manner and in accordance with all laws, statutes, and regulations, and Landlord shall warrant the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage construction of the Premises as constructed varies improvements for a period of one year from the rentable square footage Commencement Date. The taking of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and possession by Tenant shall execute an amendment be deemed conclusively to this Lease memorializing the rentable square footage establish that each portion of the Premises and amending, any improvements thereto are in good and satisfactory condition as necessary, the amount of Base Rent payable by Tenant, the amount of the date Tenant Improvement Allowance, and such other amounts and other terms hereof commenced occupancy of that are affected by the rentable square footage portion of the Premises, except for latent defects and punchlist items. Until Tenant and Landlord shall complete a punchlist of items requiring repair that are the rentable square footage responsibility of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within Landlord within thirty (30) days following of the Commencement Date. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord unless such agreement representations or resolutionpromises are expressly set forth in this Lease. Within five days of the Commencement Date, Tenant shall, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date. All construction of the Premises shall be performed by Landlord in accordance with the schedule, plans and specifications for the Premises (herein referred to collectively as the “Plans”) which Plans are subject to the mutual and reasonable approval of Landlord and Tenant, a preliminary copy of which is attached hereto and made a part hereof as Exhibit C. Construction of the Premises shall proceed in accordance with the Building Design and Construction Schedule attached hereto and made a part hereof as Exhibit C-1. The components of the Shell Building shall be as set forth in Exhibit C-2, attached hereto and made a part hereof. The components of the Building Upfit shall be as set forth in Exhibit C-3, attached hereto and made a part hereof. Tenant shall review the Plans to provide its input with respect to all aspects of the Plans, including, but not limited to, the specific needs of Tenant with respect to Heating, Ventilation and Air Conditioning and other Building systems, and Landlord shall act reasonably to accommodate the specific needs of Tenant with respect to the Building systems. Notwithstanding the above, Landlord and Tenant agree that a formal construction schedule and final Construction Drawings and Specifications, upon the completion of such documents by Landlord, Landlord’s architectural and engineering service providers, and other such parties and further subject to the mutual and reasonable approval of such documents by Landlord and Tenant, will replace the contents of Exhibit C for purposes of controlling the actual construction of the Premises; and such formal construction schedule and final Construction Drawings and Specifications shall replace Exhibit C by means of a lease amendment between Landlord and Tenant. The base rent delineated in Paragraph 2(a) includes the costs of the Shell Building, currently estimated to be Ninety-Four and 35/100 Dollars ($94.35) per rentable square foot of the Premises (the “Shell Allowance”). Should the actual costs of the Shell Building (together with the reduced or increased financing costs and commissions of the Landlord) be different than the Shell Allowance, the base rent due hereunder shall be increased or decreased accordingly by multiplying the difference between the actual cost thereof and the Shell Allowance by a factor of Ten and 85/100 Percent (10.85%), as reasonably determined by Landlord. The base rent delineated in Paragraph 2(a) also includes a contribution by the Landlord of Ninety-Two and 14/100 Dollars ($92.14) per rentable square foot of the Premises to be applied to the Building upfit, as set forth in Exhibit C-2 (the “Upfit Allowance”). Further, Landlord has agreed to permit Tenant to increase the Upfit Allowance by up to an additional Twelve and 86/100 Dollars ($12.86) per Rentable Square Foot of the Premises to satisfy Tenant’s interior finish requirements, as reasonably approved by Landlord (the Additional Upfit Allowance”). At the option of Tenant, any portion or all of the Additional Upfit Allowance used by Tenant to complete the upfit shall be amortized over the term of the Lease with interest at the rate of eleven percent (11%) per annum and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Should for any reason the upfit costs for the Premises be greater than a total of One Hundred Five and NO/100 Dollars ($105.00) per rentable square foot (the “Maximum Upfit Allowance”), such excess (the “Excess”) shall be borne by Tenant and payable by Tenant to Landlord within thirty (30) days of demand by Landlord to Tenant. Failure by Tenant to pay the Excess upon demand as aforesaid is an event of default hereunder and, in addition to all other remedies available to Landlord at law, or in equity for such event of default, Landlord may recover from Tenant the cost it incurs in preparing the Premises for another tenant. Should the upfit costs for the Premises be less than the Upfit Allowance, Tenant shall pay be allowed to upgrade the improvements to the Premises, as reasonably approved by Landlord, to fully utilize the entire Upfit Allowance; or Tenant may elect to have Landlord shall pay apply the unused Upfit Allowance (together with the reduced financing costs and commissions of Landlord), multiplied by the amortization constant for eleven percent (11%) per annum to reduce the base rent due hereunder, proportionately over the entire Lease Term, all as reasonably determined by Landlord and Tenant, the amount of any deficiency or excess, as the case may be. Additionally, in the Base Rent previously paidevent that Tenant shall not utilize all the Upfit Allowance or all or any part of the Additional Upfit Allowance, Tenant shall have the right to apply such unused monies towards the costs of upfitting the Premises subsequent to completion of the initial improvements (“Deferred Allowance”) up to the Maximum Upfit Allowance, subject to mutual and reasonable approval of plans and specifications for such improvements by Landlord and Tenant. Tenant’s right to the Deferred Allowance shall expire at the end of the second year of the term of the Lease and Landlord shall have no further obligation to provide any improvement allowances of any kind during the term of the Lease unless stated otherwise in this Lease. Any Deferred Allowance used by Tenant shall be amortized over the term of the Lease remaining at the time of completion of such improvements, with interest at the rate of eleven percent (11%) per annum (the “Amortization Constant”), and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Landlord may from time shall act reasonably to time remeasure allow Tenant reasonable access to the Premises and/or at least thirty days prior to the Commencement Date to install its furniture, telephone and computer systems, and other special Building systems. Tenant covenants and agrees to conduct its actions in such a manner to not disturb the preparation by Landlord of the Premises for occupancy by Tenant. Upon the entry by Tenant onto the Premises, this Lease shall be deemed to apply with respect to the requirements that Tenant carry the insurance policies required under this Lease, and that Tenant shall indemnify, defend and hold harmless Landlord in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on a change in measurement standard only shall not affect the amount provisions of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Sharethis Lease, as provided in Paragraph 7.1Sections 10 and 11 hereof.

Premises. Landlord leases Lessor and Lessee agree to Tenant inspect the Premises jointly prior to Lessee taking possession and Tenant leases from Landlord upon to complete a move-in checklist noting in writing any existing damage to the terms Property; further, within three (3) business days following the termination of Lessee's occupancy, Lessor and conditions hereinafter set forth Lessee will jointly re- inspect the Premisespremises and compile a comprehensive list of any damage done to the premises during Lessee's occupancy. All corridors Lessee will be responsible for the cost of repairing any such damage. Lessee agrees to maintain the premises in a clean and restroom facilities located on each floor orderly condition at all times and will be charged at least $200.00 for the cost of clean up if the premises and yard are not left clean, free of trash, and ready for occupancy by the next tenant at the termination of this lease. If Lessee does not maintain the interior and exterior of the Premises premises in a clean and sanitary manner, Lessor may have the premises cleaned at Lessee's expense if Lessee does not do so after receiving three day's written notice from Lessor. Lessee acknowledges that the residence, equipment, and fixtures will be under the control of Lessee and Lessee accepts the unit in "AS IS" condition as suited for the use intended. Lessee agrees to keep said premises, together with the fixtures therein, in a clean, neat, safe and sanitary condition. Lessee will at once report in writing to Lessor any defective or unsafe condition known to Lessee that Lessor is required to repair, and failure so to report will relieve Lessor of any responsibility for any damage or injury resulting from such condition. Lessee will be liable for, and shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant hold Lessor harmless from, any damage to the terms of this Lease premises and part of the Project, as and for any claims or injuries due to the extent constructed by Landlordaction or inaction of Lessee. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant Lessee shall pay to LandlordLessor as additional rent with the next rent payment the cost of repairing any damage, beyond normal wear and tear, caused by Lessee or Landlord shall pay to Tenant, the amount a guest. Lessee will not withhold payment of any deficiency or excess, as the case may be, in the Base Rent previously paid. Landlord may from time to time remeasure the Premises and/or the Building in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; provided, however, that any such remeasurement based on rent because a change in measurement standard only shall repair has not affect the amount of Base Rent payable for the Premises or any allowance applicable to the initial Term based on the rentable square footage of the Premises. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, which may result in an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1been completed.

Premises. Landlord leases to Tenant and Tenant leases from Landlord upon All claims for damages by reason of such reentry and/or repossession and/or alteration of locks or other security devices are hereby waived, provided the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Projectsame is performed substantially in accordance with all applicable laws, as and all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process, to the extent constructed permitted by Landlordlaw. On Tenant agrees that any reentry by Landlord may be pursuant to judgment obtained in forcible detainer proceedings or before other legal proceedings or without the date that is ninety (90) days after the Delivery Datenecessity for any legal proceedings, as Landlord may elect, and Landlord shall measure not be liable in trespass or otherwise, provided the rentable square feet of the Premises same is performed substantially in accordance with all applicable laws. In the Office Buildings: Methods event Landlord elects to terminate the Lease by reason of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010an event of default then notwithstanding such termination, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but Tenant shall be included in the term “Premises” liable for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or at the address specified for notice to Landlord herein, the sum of all rental and other indebtedness accrued to date of such termination, plus, as damages, an amount equal to the total rental hereunder for the remaining portion of the Lease term (had such term not been terminated by Landlord prior to the date of expiration as stated herein) less the Market Base Rental Rate (determined in accordance with Section 32.10 hereof) for such remaining term (net of all reasonably estimated costs of re-leasing for such remaining term). In the event that Landlord elects to repossess the Premises without terminating the Lease, then Tenant shall be liable for and shall pay to TenantLandlord at the address specified for notice to Landlord herein, all rental and other indebtedness accrued to the amount date of such repossession, plus rent required to paid by Tenant to Landlord during the remainder of the Lease term until the date of expiration of the term as stated herein diminished by any net sums thereafter received by Landlord through relenting the Premises during such period (after deducting expenses incurred by Landlord as provided below). In no event shall Tenant be entitled to any excess of any deficiency or excess, as rental obtained by reletting over and above the case rental herein reserved. Actions to collect amounts due by Tenant to Landlord under this subparagraph may be, in the Base Rent previously paid. Landlord may be brought from time to time remeasure time, on one or more occasions, without the necessity of Landlord's waiting until expiration of the Lease term. In the event of any default or breach by Tenant, not cured within any applicable grace period, Tenant shall also be liable and shall pay to Landlord, in addition to any sums provided to be paid above, broker's fees incurred by Landlord in connection with reletting the whole or any part of the Premises; the costs of removing and storing Tenant's or other occupants' property; the costs of repairing, altering, remodeling, or otherwise putting the Premises and/or the Building in accordance with generally accepted remeasurement standards selected into condition acceptable to a new tenant or tenants; and all reasonable expenses incurred by Landlord and adjust Tenant’s Proportionate Share based on such remeasurement; providedin enforcing or defending Landlord's rights and/or remedies, howeverincluding reasonable attorney's fees whether suit was actually filed or not. In the event of termination or repossession of the Premises for an event of default, that any such remeasurement based on a change in measurement standard only Landlord shall not affect the amount of Base Rent payable for have any obligation to relet or attempt to relet the Premises or any allowance applicable portion thereof, or to collect rental after reletting; and in the initial Term based on event of reletting, Landlord may relet the rentable square footage whole or any portion of the Premises, or let the Premises as part of a larger premises, for any period to any tenant and for any use or purpose. If Tenant shall fail to make any payment or cure any default hereunder within the time herein permitted, Landlord, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such other default for the account of Tenant (and enter the Premises for such purpose), and thereupon Tenant shall be obligated to, and hereby agrees to pay Landlord upon demand all reasonable costs, expenses and disbursements, including reasonable attorney's fees incurred by Landlord in taking such remedial action. Landlord is entitled to accept, receive in cash or deposit any payment made by Tenant for any reason or purpose or in any amount whatsoever, and apply the same at Landlord's option to any obligation of Tenant acknowledge and the same shall not constitute payment of any amount owed except that physical changes may occur from time to time which Landlord has applied the same. No endorsement or statement on any check or letter of Tenant shall be deemed an accord and satisfaction or recognized for any purpose whatsoever. The acceptance of any such check or payment shall be without prejudice to Landlord's rights to recover any and all amounts owed by Tenant hereunder and shall not be deemed to cure any other default nor prejudice Landlord's rights to pursue any other available remedy. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees to use reasonable efforts to mitigate its damages however in no event shall Landlord be required to (i) lease space for less than market rates applicable for comparable space in first-class Buildings in Briargate Business Campus in Colorado Springs, Colorado, (ii) expend any sums or (iii) lease the Premises prior to any other available space in the Premises Building or Building, which may result in any building owned by Landlord or an adjustment in Tenant’s Proportionate Share, as provided in Paragraph 7.1affiliated entity of Landlord.

Premises. Landlord leases to Tenant and Tenant leases from Landlord upon the terms and conditions hereinafter set forth the Premises. All corridors and restroom facilities located on each floor of the Premises shall be considered part of the Premises. The Premises shall be part of the Building to be constructed demised by Landlord pursuant to the terms of this Lease and part consist of that certain building (the Project, as and to the extent constructed by Landlord. On or before the date that is ninety (90“Building”) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as interpreted by Landlord’s architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on rentable square footage but shall be included in the term “Premises” for all other purposes. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the Tenant Improvement Agreement ) for the Building. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant’s Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant’s cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as depicted on the Building Plans, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and Tenant shall execute an amendment to this Lease memorializing the rentable square footage of the Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Tenant Improvement Allowance, and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant’s monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth specified in the Basic Lease Information. Within thirty , which Building is located in that certain real estate development (30the “Project”) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, specified in the Base Rent previously paid. Landlord may from time to time remeasure Basic Lease Information, together with the Premises and/or parcel of land on which the Building is situated. The Building has the address and contains the square footage specified in accordance with generally accepted remeasurement standards selected by Landlord and adjust Tenant’s Proportionate Share based on such remeasurementthe Basic Lease Information; provided, however, that any such remeasurement statement of square footage set forth in this Lease, or that may have been used in calculating any of the economic terms hereof, is an approximation which Landlord and Tenant agree is reasonable and, no economic terms based thereon shall be subject to revision whether or not the actual square footage is more or less. The location of the Building is depicted on a change in measurement standard only Exhibit A, which is attached hereto and incorporated herein by this reference. The Premises include the parking area (“Parking Area”) adjacent to the Building as shown on Exhibit A. Tenant shall not affect have the amount non-exclusive right to use the Common Areas (as hereinafter defined). For purposes of Base Rent payable this Lease, the term “Common Areas” shall mean all areas and facilities, if any, outside the Premises and within the exterior boundary line of the Project that are, from time to time, provided and designated by Landlord for the non-exclusive use of Landlord, Tenant and other tenants of the Project and their respective employees, guests and invitees. The Premises shall be leased by Tenant in “as-is” condition without any improvements or alterations by Landlord, except to the extent Landlord has expressly agreed to make such improvements or alterations in the Tenant Improvement Work Letter attached hereto as Exhibit B. Landlord and Tenant agree to and shall be bound by the terms and conditions of Exhibit B. Provided Landlord does not materially, adversely affect Tenant’s use of the Premises, the Building or the Parking Area, or unreasonably interfere with Tenant’s use and quiet enjoyment of the Premises, Landlord has the right, in its sole discretion, from time to time, to: (a) make reasonable changes to the Building, the Premises and/or the Project, including, without limitation, changes in the exact configuration and/or location of ingress and egress; (b) close temporarily facilities or areas for maintenance purposes so long as reasonable access to the Building and Parking Area remains available; (c) use the Parking Area while engaged in making additional improvements, repairs or alterations to the Project or any allowance applicable portion thereof; and (d) do and perform any other acts that alter or expand or make any other changes in, to or with respect to the initial Term based on Building, the rentable square footage Premises and/or the Project as Landlord may, in its sole discretion, deem to be appropriate. Without limiting the foregoing, Landlord reserves the right from time to time to install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires, and appurtenant meters and equipment for service to the Premises which are above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building. In connection with any of the foregoing activities of Landlord, Landlord shall use reasonable efforts while conducting such activities to minimize any interference with Tenant’s use of the Premises. No rights to any view or to light or air over any property, whether belonging to Landlord or any other person, are granted to Tenant by this Lease. If at any time any windows of the Building are reasonably temporarily darkened or the light or view therefrom is obstructed by reason of any repairs, improvements, maintenance or cleaning in or about the Building, the same shall be without liability to Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises without any reduction or Building, which may result in an adjustment in diminution of Tenant’s Proportionate Share, as provided in Paragraph 7.1obligations under this Lease.