Common use of Base Rent Clause in Contracts

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency whichTenant shall pay to Landlord, at during the time of paymentTerm, is legal tender for private or public debts in an annual rent amount (the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 ), exclusive of the Summaryany other charge to be paid by Tenant, payable in equal equal, consecutive monthly installments as set forth installments, in Section 4 of the Summary in advance advance, without any abatement, deductions, reduction or set-off whatsoever, on or before the first day of each calendar month throughout the Term and every calendar pro rata for any partial month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for as of the Commencement Date shall be ($ ) (the “Initial Base Rent”). (ii) Following the Commencement Date, the Initial Base Rent shall be reset as of the earlier of (A) the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than that immediately follows the first day month in which Stabilization (as defined below) of the Property occurs and (B) [Insert Fixed Date] (such month or if any payment of Rent is for a period which is shorter than one monthearlier date, the “Initial Rent Reset Date”), as follows: The Initial Base Rent shall be reset to an amount equal to the sum of (1) the Initial Base Rent and (2) the aggregate sum of the CPI Rent Adjustment Amount (as hereinafter defined) for each lease year that would have been calculated during the period beginning on the Commencement Date and ending on the Initial Rent Reset Date (including pro rata for any fractional month shall accrue partial lease year during such period) had the Base Rent been increased annually by an amount equal to the CPI Rent Adjustment Amount on a daily basis each anniversary of the Commencement Date during such period, with, for the period from avoidance of doubt, each such CPI Rent Adjustment Amount compounded over the date such payment prior lease years. For the avoidance of doubt, the Initial Base Rent shall be fixed and without adjustment until it is due to reset on the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under Initial Rent Reset Date, in accordance with the terms of this Lease that require proration on a time basis shall be prorated Section 3(a)(ii). (iii) Beginning on the same basis. first (1st) anniversary of the Initial Rent Reset Date and on each anniversary thereafter during the Term of this Lease, the then-current Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected will increase by any law or regulation now or hereafter applicable an amount equal to the Premises, or any other restriction on Tenant’s use, or CPI Rent Adjustment Amount. (except as expressly provided iv) As used herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.:

Base Rent. 3.1 Beginning Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 3 of the ProjectSummary, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Concurrently with Tenant’s execution of this Lease, Tenant shall deliver to Landlord an amount equal to $475,149.74, which amount shall be comprised of the following: (i) the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term shall be paid at following the time Rent Commencement Date (i.e., $383,551.88); and (ii) the Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of Tenant’s execution of this Leasethe Lease Term (i.e., $91,597.86). If any Rent rental payment date (including the Lease Commencement Date with respect to the Base Rent or the Rent Commencement DateDate with respect to Estimated Expenses) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting For the foregoingavoidance of doubt, Tenant’s obligation to pay for the payment of Base Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to commence on the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceRent Commencement Date.

Base Rent. 3.1 Lessee shall pay to Lessor a minimum monthly rental (the “Base Rent”), in arrears, calculated as follows. Beginning on with calendar month immediately following the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office earlier of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at one hundred eighty (180) days following the time of payment, is legal tender for private or public debts in the United States of AmericaEffective Date, or (ii) if so elected by Tenantthe date that Lessee enters into a credit facility, by electronic funds transfer or receives other debt or equity financing, to provide substantial funding for the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 construction of the SummaryPlant, payable then, for such month and the succeeding twenty three (23) consecutive calendar months thereafter, Lessee shall pay the Base Rent of Forty One Thousand Six Hundred Sixty Seven Dollars ($41,667.00) per month; and, for each calendar month thereafter for so long as this Lease remains in equal monthly installments as set forth in Section 4 effect, the Base Rent of the Summary in advance Eighty Three Thousand Three Hundred Thirty Three Dollars ($83,333.00) per month. Payments of Base Rent shall be paid on or before the first twentieth (20th) day of each and every the next succeeding calendar month following the month for which such Base Rent is accrued. Lessee shall provide written notice to Lessor within three days following the occurrence of the condition in clause (ii) above. In the event Lessee pays Base Throughput Payments or Supplemental Throughput Payments pursuant to Section 3.02(a) or (b) below for coal transported, processed, loaded or shipped over, through or on the Surface Property in such calendar month sufficient to equal the minimum monthly rental, no minimum monthly rental shall be due with respect to such month. If Lessee does not transport, process, load or ship sufficient coal during such calendar month to pay Base Throughput Payments or Supplemental Throughput Payments equal to the Lease Termmonthly Base Rent, without any setoff or deduction whatsoever. The then Lessee shall pay the difference between the Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month and such Base Throughput Payments and Supplemental Throughput Payments, if any, paid for coal transported, processed, loaded or if any payment of Rent is for a period which is shorter than one monthshipped over, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month through or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basisSurface Property during such month. Base Rent payments in excess of such Base Throughput Payments and Additional RentSupplemental Throughput Payments in any calendar month shall be fully recoupable by Lessee by crediting the same against such Base Throughput Payments and Supplemental Throughput Payments thereafter due to Lessor, as defined belowif any, until fully recouped by Lessee. Lessor shall together not be denominated “Rent.” Without limiting required to refund any unrecouped Base Rent paid by Lessee and not recouped from Base Throughput Payments or Supplemental Throughput Payments pursuant hereto. Notwithstanding the foregoing, Tenant’s obligation to pay the first Fifty Thousand Dollars ($50,000.00) in Base Rent shall not be discharged recoupable and shall be paid to Lessor without crediting Base Throughput Payment or otherwise affected Supplemental Throughput Payment against the same. Simultaneously herewith, Lessor and Lessee have entered into that certain Mutual Cooperation Agreement of even date herewith, a copy of which is attached hereto as Exhibit D and incorporated herein by any law reference (the “Cooperation Agreement”). In the event Lessee leases or regulation now or hereafter applicable subleases additional property from Lessor pursuant to the Premisesexercise of rights under the Cooperation Agreement or otherwise, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord Lessor and Lessee shall adjust the Base Rent to perform any covenant contained herein, or any other occurrencereflect the addition of coal reserves in accordance with the provisions of the Cooperation Agreement. In no event shall the Base Rent be less than the Base Rent established in the first paragraph of this Section 3.01.

Base Rent. 3.1 Beginning (a) Tenant shall pay to Landlord in United States dollars at the address for Landlord specified in the first paragraph of this Lease, during the Term of this Lease the Base Rent as set forth in Section 1, except as otherwise set forth below. The Base Rent shall commence to accrue on the Commencement Date; however, no Base Rent shall be payable until the Rent Commencement Date. On the Rent Commencement Date, Tenant shall paypay all Base Rent that has accrued from the Commencement Date (i.e. six (6) months of Base Rent payments). Thereafter, Tenant shall pay Base Rent monthly in accordance with this Article 4. All payments of Base Rent shall be made without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every month of the Term hereof, commencing on the Rent Commencement Date. If the Rent Commencement Date falls on a date other than the first calendar day of a month, or the Termination Date falls on a date other than the last calendar day of a month, then the Base Rent due for such partial month shall be prorated based upon the actual number of days falling within said month. (b) Commencing as of the first day of the month of the fifth anniversary of the Commencement Date and on the first day of the month of each successive five (5) year period thereafter, there will be an adjustment (hereinafter referred to as the “Base Rent Adjustment”) in each component of Base Rent other than Turnover Rent calculated by adding to such component of Base Rent in effect during the Lease Termimmediately preceding Year the product of: (i) such component of Base Rent multiplied by (ii) the positive percentage increase in the Consumer Price Index between Year 1 of such immediately preceding 5 Year period and Year 5 of such immediately preceding 5 Year period, without any setoff or deduction whatsoever. The provided that such Base Rent shall never be less than the Base Rent for the first full month immediately preceding Year. The following example is included for illustration purposes regarding the calculation of the Lease Term Base Rent Adjustment: if the Base Rent in effect prior to the Base Rent Adjustment is $30,000 per month and the positive percentage increase in the Consumer Price Index between Year 1 and Year 5 of the preceding 5 Year period is 5%, the Base Rent shall be paid at adjusted as follows: $30,000 plus ($30,000 multiplied by 5% which equals $1500), such that the time adjusted Base Rent shall be $31,500 for the next 5 Year period. (c) The “Consumer Price Index” shall be the Index for All Urban Consumers, U. S. Cities Average published by the Bureau of Tenant’s execution Labor Statistics of this Leasethe U.S. Department of Labor. If the Consumer Price Index shall cease to be published, there shall be substituted therefor a price index published by the Bureau of Labor Statistics, or its successor government agency, which is intended to be representative of substantially similar changes in the cost of living as mutually agreed upon by Landlord and Tenant. (d) As used herein, “Turnover Rent” shall mean one and one half percent (1.5%) of all gross monthly sales defined as all sales of cannabis, cannabis-infused products and non-cannabis products sold by Tenant, any Rent payment date (including the Rent Commencement Date) falls on a day assignee of Tenant or any subtenants of the month Premises. All sales as referenced in the preceding sentence shall include, without limitation, sales tracked through state approved tracking software and include sales to patients via the dispensary or delivery or, via wholesale transactions with a licensed Registered Marijuana Dispensary or other than legal transactions permitted under Massachusetts law. Tenant hereby represents and warrants to Landlord that Tenant shall include provisions requiring subtenants of the first day Premises to pay Turnover Rent in all subleases entered into by Tenant with respect to the Premises. Landlord shall have the right to request confirmation of such month or if any payment of representation from time to time. If Turnover Rent is for a period which is shorter payable as Base Rent, Tenant shall pay such Turnover Rent one month in arrears not later than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to ten (10) days following the end of the Lease Term at a rate per day month for which Turnover Rent is equal payable. Tenant shall require monthly accounting of gross sales from all subtenants so that Tenant can determine the amount of Turnover Rent that shall be owed each month, and Tenant shall provide copies of such monthly accounting records to 1/365 of the applicable annual Landlord when Tenant pays Turnover Rent. All other payments or adjustments required Landlord shall have the right to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, audit Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable records with respect to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencemonthly gross sales of its subtenants for the purpose of confirming the Turnover Rent paid not more than once per year.

Base Rent. 3.1 Beginning on As of the Rent Commencement Date, Tenant shall paycovenants and agrees to timely pay without notice, without prior notice deduction, off-set or demand, abatement to the Landlord or Landlord’s agent at the management office of the ProjectBuilding, or, at Landlord’s option, at or such other place address as Landlord may from time to time designate in advance and notify Tenant of in writing, (i) by a check for currency whichyearly and every year during the Term hereof, at the time Rent in lawful money of payment, the United States. Base Rent is legal tender for private or public debts payable in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer monthly installments set forth on the Lease Agreement Facing Page attached hereto; Additional Rent is payable pursuant to the account terms of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary Paragraph 7 hereof. Rent is due and shall be paid in advance on or before the first (1st) day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverterm hereof. The Base Rent for the first full month of the Lease Term is considered late and Tenant shall be paid at in default if rent is received after 5:00 o’clock p.m. on the time of Tenant’s execution of this Lease. If any Rent payment date fifth (including the Rent Commencement Date5th) falls on a day of the month month. A penalty of fifty dollars ($50.00) per day will be assessed on any sums due under the lease which are received after the fifth (5th) day of the month. In the event that Landlord is required to post a 3-day notice for non-payment of rent or for any other breach of the Lease, Tenant shall pay to Landlord an administrative fee of $250.00 and attorneys fees of $250.00 (total of $500.00) together with any other sums due as an essential part of the cure of default. If the Term hereof commences on any day other than the first day or expires on any day other than the last day of such month or if any payment of Rent is for a period which is shorter than one the month, the Rent for any fractional the fraction of a month shall accrue on a daily basis for at the period from the date such payment is due to the end of such calendar month or to commencement and at the end of the Lease Term at shall be adjusted pro rata on a rate per diem basis, and all succeeding installments of Base Rent shall be paid on the first (1st) day of each month during the term hereof. Should Tenant be in default, Landlord may collect $50.00 per day which penalty under this provision or 18% interest under Paragraph 36, whichever is equal to 1/365 greater. Any rent check returned for insufficient funds shall constitute an event of default, and Tenant must cover said check with certified funds plus the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant penalty contained herein, or any other occurrence. Landlord may also seek additional relief as provided by law.

Base Rent. 3.1 Beginning on Commencing upon the Rent Ground Lease Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at Date and continuing through the management office earlier of (1) eighteen (18) months following the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, Ground Lease Commencement Date or (ii2) if so elected by Tenant, by electronic funds transfer the date the Tenant provides written notice to the account of Landlord as provided to Tenantthat Tenant has completed its environmental site preparation work (the “Base Rent Adjustment Date”), the base rent for the Site (“Base Rent”) as set forth in Section 4 of the Summaryshall BE [***] per annum, payable in equal monthly installments as set forth of [***] per month and after the Base Rent Adjustment Date shall thereafter be [***] per annum, payable in Section 4 equal installments of [***] per month, adjusted upward five years after the Summary in advance date on or before which the first day of each Base Rent increases to [***] per annum and every calendar month five (5) years thereafter during the Lease TermTerm by a percentage equal to the greater of [***] or the CPI Percentage Increase (as defined below), without but in no event to exceed an adjustment during any setoff or deduction whatsoeverAdjustment Period (as defined below) of greater than [***]. The period from the Base Rent Adjustment Date through the date five years thereafter, and each five (5) year period thereafter shall be defined herein as an “Adjustment Period.” Any upward adjustment based on a CPI Percentage Increase (as defined below) to any payment under this Ground Lease shall hereinafter be referred to as a “CPI Adjustment.” Except for the first full month payment of Base Rent hereunder on the Ground Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls , Base Rent will be due each month on a the 1st day of the month and shall be payable by the 15th day of that month; provided, however, that: (i) the first payment of Base Rent shall be due ten (10) days following the Ground Lease Commencement Date and, if the Ground Lease Commencement Date is a date other than the first day of such month or if any payment of Rent is for a period which is shorter than one the month, the first payment of Base Rent for any fractional month shall accrue on be in a daily basis prorated amount for the period from of time between the date such payment is due to Ground Lease Commencement Date and the end of such calendar month or to the end next following first day of the Lease Term at month; and (ii) the first payment of Base Rent due upon the commencement of any new Adjustment Period will be owed and paid one month after the commencement of that Adjustment Period in order to permit the Tenant to calculate the CPI Percentage Increase, as set forth below and (iii) the last payment of Base Rent shall be in a rate per prorated amount for the period of time between the immediately preceding first day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under month and the terms last day of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “RentTerm.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Base Rent in the amount of $42,750 and the Security Deposit shall be due and payable on the Rent Commencement Date, delivery of an executed copy of this Lease to Landlord. Tenant shall paypay to Landlord in advance, without prior notice or demand, to Landlord abatement, deduction or Landlord’s agent set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the management office of the ProjectLandlord for payment of Rent set forth above, or, at Landlord’s option, or to such other person or at such other place as Landlord may from time to time designate in advance writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to ▇▇▇▇▇, reduce, or set-off any Rent (as defined in writingSection 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be required to pay Base Rent in the per square foot amounts set forth in page 1 (i) with respect to only 15,000 rentable square feet of the Premises commencing on the Commencement Date and continuing through the expiration of the 18th month of the Base Term, and (ii) with respect to only 19,000 rentable square feet of the Premises commencing on the first day of the 19th month of the Base Term and continuing through the expiration of the 24th month of the Base Term. Tenant shall commence paying Base Rent with respect to the entire Premises on the first day of the 25th month of the Base Term. Notwithstanding anything to the contrary contained herein, so long as no monetary default by Tenant beyond applicable notice and cure periods is occurring as of the expiration of the term of that certain Lease Agreement between Tenant and ▇▇▇-▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, LLC, a check for currency whichDelaware limited liability, at dated July 31, 2009 (as the time of payment, is legal tender for private same may have been or public debts may in the United States future be amended, the “Other Lease”), Landlord shall provide Tenant with a credit in the amount of America$221,336 (“Rent Credit”) toward Base Rent and Operating Expenses for the Premises first coming due during the Base Term. Tenant shall commence paying Base Rent and Operating Expenses for the Premises upon the earlier of (i) the exhaustion of the Rent Credit, or (ii) if so elected immediately following delivery of written notice from Landlord providing that a monetary default by Tenant, by electronic funds transfer to the account of Landlord Tenant beyond applicable notice and cure periods is occurring as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 expiration of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month term of the Lease Term shall be paid at the time of Tenant’s execution of this Other Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 3 of the ProjectSummary, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the Rent Commencement Date and, thereafter, the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The ; such Base Rent for the first full month is subject to adjustment on each annual anniversary of the Lease Term shall be paid at Commencement Date. Within five (5) business days after the time of Tenant’s full execution and delivery of this LeaseLease by Landlord and Tenant, Tenant shall deliver to Landlord an amount equal to $160,340.00, which amount is the Base Rent payable by Tenant for the Premises for the sixth (6th) full month following the Rent Commencement Date. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent Notwithstanding anything to the contrary contained herein and Additional Rentso long as Tenant is not then in default under this Lease (beyond the expiration of all applicable notice and cure periods), as defined below, shall together be denominated “Rent.” Without limiting the foregoing, TenantLandlord hereby agrees to ▇▇▇▇▇ ▇▇▇▇▇▇’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on fifty percent (50%) of Tenant’s usemonthly Base Rent for the first (1st), or second (except as expressly provided herein2nd), third (3rd), fourth (4th) any casualty or takingand fifth (5th) full calendar months following the Rent Commencement Date (collectively, or any failure by Landlord to perform any covenant contained hereinthe “Abated Rent”). During such abatement period, or any Tenant shall still be responsible for the payment of all of its other occurrencemonetary obligations under this Lease.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 4.2 of the ProjectSummary, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writingby delivering written notice to Tenant at Tenant’s notice address as set forth herein, (i) by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Notwithstanding anything to the contrary in this Lease, Tenant may at its election pay any Rent to Landlord by electronic transfer and Landlord shall provide Tenant with ACH information upon request from Tenant. Notwithstanding the foregoing or anything to the contrary herein, provided Tenant is not then in default under this Lease (beyond the expiration of any applicable notice and cure period), Tenant shall not be obligated to pay fifty percent (50%) of the Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, fifty percent (50%) of Tenant’s obligation Share of Direct Expenses due under this Lease during months one (1) through twelve (12) of the initial Lease Term; provided, however, Tenant shall be obligated upon the Lease Commencement Date, and for all periods thereafter, to pay all other Additional Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premisespayable under this Lease including, or any other restriction on Tenant’s usewithout limitation, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceparking charges.

Base Rent. 3.1 Beginning Commencing on the Rent applicable Lease Commencement DateDate (as the same may be delayed by the express provisions of this Lease), as set forth in Section 3.2 of the Summary, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or by wire transfer to the address set forth in Section 11 of the Summary, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check or wire transfer for currency currency, which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, applicable base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverwhatsoever except as expressly set forth elsewhere in this Lease. The Concurrently with Tenant’s execution of this Lease, Tenant shall provide Landlord with $1,860,000.00 as payment for the Base Rent for the minimum size of the Phase I Premises for the first full month of the Lease Term, which amount shall be adjusted to the actual amount of the Base Rent for the Phase I Premises for the first full month of the Lease Term shall be paid at the time of concurrently with Tenant’s execution delivery of this Leasethe Phase Designation Notice. If any Rent payment date (including the Rent any Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 4.2 of the ProjectSummary, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional RentIf there is a delay in Landlord’s delivery of possession of the Premises to Tenant which causes the Lease Commencement Date to be delayed, as defined belowprovided for in Section 2.1 of the Lease, then Rent Commencement Date shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable moved to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencerevised Lease Commencement Date.

Base Rent. 3.1 (a) The “Rent Commencement Date” shall mean, respectively, (x) for the Office Portion (other than the Expansion Space), the date that is six months after the Commencement Date for the Office Portion, (y) for the Lab Portion, the date that is five months after the Commencement Date for the Lab Portion, and (z) for the Expansion Space, the date that is eighteen (18) months after the Commencement Date for the Office Portion. Beginning on the Rent Commencement DateDate for the applicable Portion and/or Expansion Space, and on the first day of each month thereafter, the Tenant shall pay, without prior notice or demand, to pay the Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth installments, in Section 4 advance, pursuant to the following schedule: From the Rent Commencement Date through the last day of the Summary in advance on or before 42nd calendar month after the initial Commencement Date. $ 2,887,225.00 $ 25.00 $ 240,602.08 From the first day of each and every the 43rd calendar month during after the Commencement Date through the last day of the 78th calendar month after the initial Commencement Date $ 3,118,203.00 $ 27.00 $ 259,850.25 From the first day of the 79th calendar month after the initial Commencement Date through the expiration of the term of this Lease Term$ 3,383,827.70 $ 29.30 $ 281,985.64 * In the event that the Office Portion (other than the Expansion Space), without any setoff or deduction whatsoever. The Lab Portion, and Expansion Space Rent Commencement Dates do not occur on the same day, the Annual Base Rent for the first full month of the Lease Term and Monthly Base Rent shall be paid at the time of Tenant’s execution of this Leaseapportioned among such areas based on rentable square feet. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month Date is other than the first day of the month, then, with respect to the partial month following such Rent Commencement Date, Tenant shall pay to Landlord on the applicable Rent Commencement Date a pro-rated share of the Base Rent that would have otherwise been payable for such month or if any payment (based on the number of days remaining in such month) had such Rent is for a period which is shorter than one month, Commencement Date occurred on the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end first day of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rentmonth.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.”

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 4.2 of the ProjectSummary, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writingby delivering written notice to Tenant at Tenant’s notice address as set forth herein, (i) by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant▇▇▇▇▇▇’s execution of this Lease. If any Rent payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Notwithstanding anything to the contrary in this Lease, Tenant may at its election pay any Rent to Landlord by electronic transfer and Landlord shall provide Tenant with ACH information upon request from Tenant. Notwithstanding the foregoing or anything to the contrary herein, provided Tenant is not then in default under this Lease (beyond the expiration of any applicable notice and cure period), Tenant shall not be obligated to pay fifty percent (50%) of the Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, fifty percent (50%) of Tenant’s obligation Share of Direct Expenses due under this Lease during months one (1) through twelve (12) of the initial Lease Term; provided, however, Tenant shall be obligated upon the Lease Commencement Date, and for all periods thereafter, to pay all other Additional Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premisespayable under this Lease including, or any other restriction on Tenant’s usewithout limitation, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceparking charges.

Base Rent. 3.1 Beginning on the Rent Commencement Date, 3.1. Tenant shall pay, without prior notice notice, demand, setoff or demanddeduction, to Landlord or Landlord’s agent at the management office address set forth in Section 10 of the ProjectSummary, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 9 of the Summary, payable in equal monthly installments as set forth in Section 4 9 of the Summary in advance on or before the first (1st) day of each and every calendar month during the Lease Term, without any abatement, setoff or deduction whatsoever. In accordance with Section 29.25, this Article 3 shall be construed as though the covenants herein between Landlord and Tenant are independent and Tenant shall not be entitled to any setoff of the Rent or other amounts owing to Landlord under this Article 3. The Base Rent for the first full month of the Lease Term which occurs after the expiration of any free rent period (the “Initial Base Rent”) shall be paid on or before November 10, 2008 (the “Initial Base Rent Payment Date”). Notwithstanding anything to the contrary contained in this Lease, including without limitation, Section 19.1(a) below, Tenant’s failure to pay the Initial Base Rent on or before the Initial Base Rent Payment Date shall constitute a Default of Tenant without need for additional notice and opportunity to cure and interest shall accrue on any late payment of Initial Base Rent at the time of Tenant’s execution of this LeaseDefault Rate without regard to any grace period provided under Section 25 below. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue be calculated on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 1/30th of the applicable annual monthly Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning (A) The Base Rent for the Use of the Premises during each of the first two (2) years of the Term shall be Eighty Three Thousand Five Hundred Twenty-Four and 00/100 Dollars ($83,524.00) per year (the "Base Rent") to be paid in monthly installments of Six Thousand Nine Hundred Sixty and 33/100 Dollars ($6,960.33), increasing three percent (3%) each of the following eight (8) years of the Term, payable monthly in advance on the Rent Commencement Datedue date, which is the first day of each calendar month during the Term. (B) Tenant shall paypay to Landlord during the Term of the Lease the Base Rent, without prior notice or demand, in the monthly installments, in advance on the first day of each calendar month of the Term. The first month's installment of the Base Rent shall be payable upon the Execution Date. If the Commencement Date is other than the first day of a calendar month, then the installments of the Rent for the first month of the term shall be adjusted proportionately, and the first full month's Rent shall be payable on the first day of the first full calendar month of the Term which shall include the adjustment for the first month of the Term. (C) Base Rent, Additional Rent (hereinafter sometimes collectively referred to as "Rent") and all other sums payable by Tenant to Landlord hereunder shall be paid, without set-off or Landlord’s agent deduction, in lawful currency of the United States of America to Landlord at the management office of the Projectaddress set forth herein, or, at Landlord’s option, or at such other place address as Landlord may from time to time designate in advance writing to Tenant. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and in writingaccounting charges, and late charges which maybe imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any sum due from Tenant shall not be received by Landlord or Landlord's designee within ten (i10) days after said amount is due, then Tenant shall pay to Landlord a late charge of five (5%) percent of such overdue amount. The parties agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant. If Tenant fails to pay any Rent for a check for currency whichperiod of thirty (30) days, then interest on the amount not paid shall accrue at the time rate of payment, is legal tender for private or public debts six percent (6%) per annum until paid in full. (A) Tenant shall pay an Operating Expense Allowance of Twenty Thousand Eight Hundred Eighty-One and 00/100 Dollars ($20,881.00) per year. Tenant shall pay to Landlord the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable Operating Expense Allowance in equal monthly installments as set forth in Section 4 of the Summary in advance on or before One Thousand Seven Hundred Forty and 08/100 Dollars ($1,740.08), the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term which shall be paid at payable upon the time of Tenant’s execution of this LeaseCommencement Date. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month Date is other than the first day of such month or if any payment of Rent is for a period which is shorter than one calendar month, then the Rent Operating Expense Allowance for the first calendar month of the Term shall be adjusted proportionately and the first full month's Operating Expense Allowance will be paid on the first day of the first full calendar month of the Term. (B) If the Landlord's Operating Expense for any fractional month Operating Year shall accrue on a daily basis for be greater than the period from Operating Expense Allowance, Tenant shall pay to Landlord as Additional Rent an amount equal to Tenant's Proportionate Share of the date such payment is due to difference (the end amount of Tenant's Proportionate Share of such calendar month or difference is hereinafter referred to as the "Operating Expense Adjustment"). If the Landlord's Operating Expense for any Operating Year shall be less than the Operating Expense Allowance, then the excess payment made by Tenant as reflected in the Operating Expense Adjustment (as defined below) shall be paid by Landlord to Tenant on the Expense Adjustment Date (as defined below); provided if such occurs during a year in which the Term of this Lease ends, then Landlord shall promptly prepare an Operating Expense Allowance as of the end of the Lease Term and such excess payment by Tenant as reflected in the Operating Expense Adjustment shall be paid simultaneously with the issuance of such Operating Expense Adjustment. If Tenant occupies the Premises or portion thereof for less than a full Operating Year, the Operating Expense Adjustment will be calculated in proportion to the amount of time in such Operating Year that Tenant occupied the Premises. Such Additional Rent shall be paid in the following manner: within one hundred twenty (120) days following the end of the first and each succeeding Operating Year, Landlord shall furnish Tenant an Operating Expense Statement certified as true and correct setting forth (i) the Operating Expense for the preceding Operating Year, (ii) the Operating Expense Allowance and (iii) Tenant's Operating Expense Adjustment for such Operating Year. Within thirty (30) days following the receipt of such Operating Expense Statement (the "Expense Adjustment Date"), Tenant shall pay to Landlord as Additional Rent the Operating Adjustment for the preceding Operating Year. The actual Operating Expense calculated at a rate per day which is the end of each Operating Year shall become the Operating Expense Allowance for the immediately succeeding year. Commencing with the first month of the second Operating Year, Tenant shall pay to Landlord, in addition to the Operating Expense Allowance, on account of the Operating Expense Adjustment for the current Operating Year, monthly installments in advance equal to 1/365 one-twelfth (1/12) of the applicable annual Rentestimated Operating Expense Adjustment for the current Operating Year. All other payments or adjustments required to be made under These methods of calculation and payment shall continue for the entire Term and any Renewal Term. As used in this Lease, the following words and terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, defined as defined hereinafter set forth: (1) Except as provided below in subsection (4)(c) below, "Tenant's Proportionate Share" shall together be denominated “Rent52.4% of the total cost of the Building's Operating Expense.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Base Rent for the month in which Rent Commencement Date occurs (or, if the Rent Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the Rent Commencement Date) and the Security Deposit shall be due and payable concurrently with ▇▇▇▇▇▇’s delivery of an executed copy of this Lease to Landlord. Tenant shall pay to Landlord in advance, without demand, abatement (except for any abatement as may be expressly provided for in this Lease), deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof commencing on the Rent Commencement Date, Tenant shall payin lawful money of the United States of America, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectLandlord for payment of Rent set forth above, or, at Landlord’s option, or to such other person or at such other place as Landlord may from time to time designate in advance and in writing, or via federally insured wire transfer (including ACH) pursuant to the wire instructions provided by Landlord. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to ▇▇▇▇▇, reduce, or set-off any Rent (as defined in Section 5) due hereunder except for any abatement as may be expressly provided for in this Lease. Notwithstanding anything to the contrary contained in this Lease, (i) by a check for currency whichso long as Tenant is not in Default under this Lease, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer Tenant shall not be required to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The pay Base Rent for the first full month period of 180 consecutive calendar days immediately following the Lease Term Commencement Date (the “Abatement Period”). Tenant shall be paid at Building B5 – First and Second Floors/Boundless Bio - Page 4 commence paying Base Rent on the time calendar day following the Abatement Period (the “Rent Commencement Date”). For the avoidance of Tenant’s execution of this Lease. If any Rent payment date (including doubt, if the Rent Commencement Date) falls Date occurs on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one calendar month, the then Tenant will be required to pay Base Rent for any fractional month shall accrue to Landlord on a daily prorated basis for the period from month in which the date such payment is due Rent Commencement Date occurs and the prepaid Base Rent delivered by Tenant to Landlord shall be applied to the end of such first full calendar month or to following the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “RentCommencement Date.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectBuilding, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time monthly installments of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, Landlord hereby agrees to ▇▇▇▇▇ Tenant’s obligation to pay monthly Base Rent and Additional Rent for the first five (5) full months plus the first two (2) weeks of month six (6) of the initial Lease Term. During such abatement periods, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Section 19.1 of this Lease, then as a part of the recovery set forth in Section 20 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent abated under the provisions of this Article 3. The Base Rent for the first full month of the Lease Term (or if the first full month of the Lease Term is within a free rent period, then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental or other payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental or other payment of Rent is for a period which is shorter than one month, then the Rent rental or other payment for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental or other payment based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rentsuch fractional month occurs.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectBuilding, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first second (2nd) full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent Notwithstanding anything to the contrary contained herein and Additional Rentprovided that Tenant faithfully performs all of the terms and conditions of this Lease, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Landlord hereby agrees to a▇▇▇▇ Tenant’s obligation to pay Tenant’s monthly Base Rent (the “Abated Rent”) for the first (1st) month of the Lease Term (the “Abatement Period”). During the Abatement Period, Tenant shall not be discharged or otherwise affected remain responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by any law or regulation now or hereafter applicable Tenant under the terms of this Lease that results in the early termination of this Lease pursuant to the Premisesprovisions of Article 19 of this Lease, or any other restriction on Tenant’s usethen as a part of the recovery set forth in Article 19 of this Lease, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord shall be entitled to perform any covenant contained herein, or any other occurrencethe recovery of the Abated Rent.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever, except as otherwise expressly provided in this Lease. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. If, at any time, Tenant is in default of any monetary or other material term, condition or provision of this Lease (beyond applicable notice and grace periods) that results in a termination of the Lease as provided in Section 19.2 below, then to the fullest extent permitted by law, any express or implicit waiver by Landlord of Tenant’s requirement to pay Base Rent during any period of time from and Additional Rent, as defined below, after the Lease Commencement Date shall together be denominated “Rentnull and void and Tenant shall immediately pay to Landlord all Base Rent so expressly or implicitly waived by Landlord.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s 's agent at the management office of the ProjectReal Property, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) in currency, by wire transfer or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”"BASE RENT") as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverexcept as otherwise expressly provided in this Lease. The Base Rent for the first (1st) full month of the Lease Term shall be paid at the time of Tenant’s execution of this Leaseby Tenant to Landlord no later than June 30, 2001. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month's rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. All increases in Base Rent and Additional Rent, as defined below, set forth in Section 8 of the Summary shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable tied to the Premisesapplicable anniversary of the actual Lease Commencement Date as set forth therein, and any time periods or specific dates for exercising any other restriction on Tenant’s use, rights or (except taking any action described in this Lease which are measured or derived from the Lease Commencement shall be based upon the actual Lease Commencement Date as expressly provided herein) any casualty or taking, or any failure by Landlord determined pursuant to perform any covenant contained herein, or any other occurrenceSection 7.2 of the Summary.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, pay Base Rent to Landlord or Landlord’s agent at throughout the management office Term of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) this Lease as set forth herein. All Base Rent shall be paid to Landlord in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during throughout the Lease TermTerm of this Lease; provided, without any setoff or deduction whatsoever. The however, that (a) the installment of Suite A-1 Base Rent for applicable to the first (1st) full calendar month of the Lease Term Suite A-1 Period shall be paid at the time of payable upon Tenant’s 's execution of this Lease. If any Rent payment date ; (including b) if the Rent Commencement Date) falls Term of this Lease does not commence on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one calendar month, the initial level of Suite A-1 Base Rent for any fractional payable with respect to the first full calendar month of the Term shall accrue (i) be calculated on a daily per diem basis for determined by dividing the period initial monthly Suite A-1 Base Rent [i.e., [*****]] by the total number of calendar days in such first full calendar month and multiplying such amount by the number of days occurring in such first full calendar month from and including the date such payment is due Commencement Date (A), and (ii) be paid by Tenant to Landlord on the Commencement Date (A); and (c) if the Suite B-1 Period does not commence on the first day of a calendar month, the initial level of Suite B-1 Base Rent payable with respect to the end first (1st) full calendar month of the Suite B-1 Period shall (i) be calculated on a per diem basis determined by dividing the initial monthly Suite B-1 Base Rent [i.e., [*****]] by the total number of calendar days in the calendar month in which Commencement Date (B) occurs, and multiplying such amount by the number of days occurring in such calendar month or from and including the Commencement Date (B), and (ii) be paid by Tenant to Landlord on the end Commencement Date (B). Except as set forth in this Section 3.1, Tenant shall not pay any installment of the Lease Term at Rent more than one (1) month in advance. For avoidance of doubt, if Tenant is entitled to any credits against Rent for a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made particular Tenant Space under the terms and provisions of this Lease that require proration on a time basis Lease, Tenant shall be prorated on have the same basis. Base right to deduct such credited amounts against the next payment(s) of Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable related to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceapplicable Tenant Space due and payable hereunder.

Base Rent. 3.1 Beginning Tenant shall pay to Landlord the Base Rent set forth in Section 1.14, without offset or deduction commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance Date and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance thereafter on or before the first day of each calendar month. So long as (i) this Lease shall be in full force and every calendar month during effect and (ii) there shall exist no Event of Default on the Lease Termpart of Tenant (nor any event or circumstance which, without any setoff with the passage of time or deduction whatsoever. The the giving of notice, or both, would constitute an Event of Default), Landlord will waive payment of Base Rent (but not Additional Rent, utility charges or any other amounts due or payable hereunder) on 4,815 rentable square feet of Premises Area for the first full month period commencing on the Commencement Date and expiring on the 365th day following the Commencement Date (e.g. Tenant shall only be responsible during such period for Base Rent on 15,000 rentable square feet of the Lease Term shall be paid at the time of Tenant’s execution of this LeasePremises Area (19,815 r.s.f. - 4,815 r.s.f. = 15,000 r.s.f. x $27.00/r.s.f./annum = $405,000/year or $33,750/month)). If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than Date is not the first day of such month or if any payment of Rent is for a period which is shorter than one calendar month, the partial month will be added to the first full twelve months of the Term, and Base Rent shall commence on the Commencement Date and shall be payable for the remainder of the partial month at the rate set forth in Section 1.14 for such period. Base Rent for any fractional month shall accrue on a daily basis for period during the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day term hereof which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis for less than one month shall be prorated on based upon the same basisactual number of days of the calendar month involved. Base Rent and Additional all other amounts payable to Landlord hereunder shall be payable to Landlord in lawful money of the United States, and Tenant shall be responsible for delivering said amounts to Landlord at the address stated herein or to such other person or to such other place in the continental United States as Landlord may designate in writing. Landlord and Tenant agree that all amounts due from Tenant under or in respect of this Lease, whether labeled Base Rent, as defined belowadditional rent, additional charges or otherwise, shall together be denominated “Rent.” Without limiting the foregoingconsidered as rental reserved under this Lease for all purposes, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable including without limitation regulations promulgated pursuant to the PremisesBankruptcy Code, or any other restriction on Tenant’s use, or (except as expressly provided hereinand including further without limitation Section 502(b) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencethereof.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, or at such other place in the United States as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first (1st) full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting Notwithstanding the foregoing, provided there is no Event of Default under this Lease, Landlord hereby agrees to ▇▇▇▇▇ Tenant’s obligation to pay all of the Base Rent due during the first (1st), second (2nd), and third (3rd) full calendar months of the initial Lease Term (collectively, the “Abatement Months”) (such amount of abated Base Rent being hereinafter collectively referred to as the “Abated Amount”). During such Abatement Months, Tenant will still be responsible for the payment of all other monetary obligations due under this Lease during such Abatement Months including, without limitation, as applicable, any parking charges. Tenant acknowledges that any Event of Default by Tenant under this Lease will cause Landlord to incur costs not contemplated hereunder, the exact amount of such costs being extremely difficult and impracticable to ascertain. Therefore, should Landlord terminate this Lease at any time during the initial Lease Term on account of an Event of Default, then, in addition to all of Landlord’s other rights and remedies, the total unamortized sum of such Abated Amount (amortized on a straight line basis over the initial Lease Term) so conditionally excused shall not be discharged or otherwise affected become immediately due and payable by Tenant to Landlord; provided, however, Tenant acknowledges and agrees that nothing in this Section 3 is intended to limit any other remedies available to Landlord at law or regulation now in equity under applicable law (including, without limitation, the remedies under Civil Code Section 1951.2 and/or 1951.4 and any successor statutes or hereafter similar laws), in the event Tenant defaults under the Lease beyond any applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencenotice and cure period.

Base Rent. 3.1 Beginning on Throughout the Rent Commencement DateLease Term, Tenant shall paypay Base Rent in the amount set forth above. Tenant promises to pay to Landlord in advance, without prior notice or demand, to Landlord deduction or Landlord’s agent at the management office of the Projectset-off, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance Base Rent and Additional Rent on or before the first day of each calendar month commencing on the Commencement Date. If the Lease Term commences or expires on a date other than the first day or the last day of a calendar month, respectively, then the Rent payable for such partial calendar month shall be an amount equal to the monthly installment of Rent otherwise then in effect, divided by the number of days in the full calendar month during which the Lease Term commences or expires, respectively, and every multiplied by the number of days in the partial calendar month after and including the Commencement Date or before and including the date of expiration, respectively, and provided further that the Rent for any partial calendar month at the commencement of the Initial Lease Term shall be payable on the first day of the first full calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All sums, liabilities, obligations and other payments or adjustments amounts which Tenant is required to be made under the terms of pay or discharge pursuant to this Lease that require proration on a time basis in addition to Base Rent, including without limitation assessments or common area maintenance charges due and payable to any applicable ownership associations, together with any interest, penalty, or other sum which may be added for late payment thereof, shall be prorated constitute additional rent hereunder (herein called "Additional Rent"). In the event of any failure on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting part of Tenant to pay or discharge any of the foregoing, Tenant’s obligation to pay Rent Landlord shall not be discharged have all rights, powers and remedies provided for herein (or otherwise affected by any law or regulation now equity or hereafter applicable to otherwise) in the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.case of nonpayment of

Base Rent. 3.1 Beginning on From and after the date (the “Rent Commencement Date”) that is four (4) months after the Commencement Date, Tenant Sub-Sub-subtenant shall paypay to Sub-Sub-sublandlord, without prior notice or demand, to Landlord or Landlord’s agent at as rent for the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to TenantSub-Sub-sublease Premises, base annual rent (“Base Rent”) as set forth below. Sub-Sub-sublandlord hereby acknowledges receipt of Base Rent in Section 4 the amount of $162,925.67 for the first full calendar month of the SummaryTerm following the Rent Commencement Date. Base Rent shall be payable in equal monthly installments, in advance on or prior to the first day of each month, as follows: (a) Commencing on the Rent Commencement Date and continuing until the Expiration Date occurs, Sub-Sub-subtenant shall pay to Sub-Sub-sublandlord as base rent the sum of ONE MILLION NINE HUNDRED FIFTY-FIVE THOUSAND ONE HUNDRED EIGHT AND 00/100 DOLLARS ($1,955,108.00) per annum, payable in equal monthly installments as set forth in Section 4 of $162,925.67. (b) If the Summary in advance Rent Commencement Date shall occur on or before a date other than the first (1st) day of each and every any calendar month during month, the Lease Term, without any setoff or deduction whatsoever. The Base Rent payable hereunder for the first full such month of the Lease Term shall be prorated on a per diem basis and shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including on the Rent Commencement Date) falls . If the Expiration Date shall occur on a day of the month any date other than the first last day of a calendar month, Base Rent for such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on a per diem basis based on the number of days in the Term occurring in such month. (c) Promptly after the Commencement Date and the Rent Commencement Date are determined, Sub-Sub-sublandlord and Sub-Sub-subtenant, at either Sub-Sub-sublandlord’s or Sub-Sub-subtenant’s request, will execute an agreement setting forth each of the above dates. Sub-Sub-subtenant’s or Sub-Sub-sublandlord’s failure or refusal to sign the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rentin no event affect the determination of such dates or either party’s obligations hereunder.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Commencing on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of for the ProjectBuilding, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private in cash or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenantother immediately available good funds, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term in which Base Rent is payable hereunder, along with Landlord’s estimate of Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs for the first full month of the Lease Term, shall be paid at the time of Tenant’s execution of this LeaseLease and shall be applied to Rent first due hereunder. If any Rent rental payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Upon any Event of Default, Landlord shall be entitled to recover from Tenant the then unamortized portion of any Base Rent and Additional Rent, as defined below, shall together be denominated “Rentabated pursuant to Section 8 of the Summary.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Base Rent for the month in which the Commencement Date occurs and the Security Deposit shall be due and payable on the Rent Commencement Date, delivery of an executed copy of this Lease to Landlord. Tenant shall paypay to Landlord in advance, without prior notice or demand, to Landlord abatement (except for any abatement as may be expressly provided for in this Lease), deduction or Landlord’s agent set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of America, at the management office of the ProjectLandlord for payment of Rent set forth above, or, at Landlord’s option, or to such other person or at such other place as Landlord may from time to time designate in advance writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and in writingother sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to ▇▇▇▇▇, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of Americareduce, or set-off any Rent (iias defined in Section 5) if so elected by Tenant, by electronic funds transfer due hereunder except for any abatement as may be expressly provided for in this Lease. Notwithstanding anything to the account of Landlord contrary contained in this Lease, so long as provided to TenantTenant is not in Default under this Lease, base rent for the period commencing on the Commencement Date (“Base Rent”) as set forth in Section 4 of or, if the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance Commencement Date does not occur on or before the first day of each and every a calendar month during the Lease Termmonth, without any setoff or deduction whatsoever. The Base Rent for the first full month then as of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such the first full calendar month or if any payment immediately following the Commencement Date) through the last day of the 14th full calendar month following the Commencement Date (the “Partial Base Rent is for a period which is shorter than one monthAbatement Period”), Tenant shall only be required to pay Base Rent with respect to only 50% of the Premises. Tenant shall commence paying Base Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due with respect to the end entire Premises on the first day of such the 15th full calendar month or to following the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “RentCommencement Date.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s 's agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenantat Landlord's election, by electronic funds wire or ACH transfer to the account of Landlord or as provided to Tenantotherwise specified by Landlord, base rent (“"Base Rent”") as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Concurrently with T▇▇▇▇▇'s execution of this Lease, Tenant shall deliver to Landlord the following: (i) the Base Rent payable by Tenant for the first Premises for the seventh (7th) full month of the Lease Term shall be paid at Term; and (ii) the time Estimated Expenses (as defined below) payable by Tenant for the Premises for the first (1st) full month of Tenant’s execution of this Leasethe Lease Term. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month's rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Base Rent for the first full calendar month immediately following the expiration of the Abatement Period (as defined below) (or, if the first month immediately following the expiration of the Abatement Period is not a full calendar month, then the first full calendar month immediately following the expiration of the Abatement Period) and the Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Such prepaid Base Rent shall be applied to Base Rent payable commencing on the date immediately following the expiration of the Abatement Period (as defined below). Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Rent Commencement DateDate (subject to the Abatement Period), Tenant shall payin lawful money of the United States of America, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectLandlord for payment of Rent set forth above, or, at Landlord’s option, or to such other person or at such other place as Landlord may from time to time designate in advance and in writing, or via federally insured wire transfer (iincluding ACH) pursuant to the wire instructions provided by a check Landlord. Payments of Base Rent for currency whichany fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to ab▇▇▇, at the time of payment, is legal tender for private or public debts in the United States of Americareduce, or set-off any Rent (iias defined in Section 5) if so elected by Tenant, by electronic funds transfer due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything contained herein to the account of Landlord contrary, so long as provided to TenantTenant is not then in default under this Lease (beyond any applicable notice or cure periods), base rent Base Rent shall be abated for the period commencing on the Rent Commencement Date (“Base Rent”) as set forth in Section 4 of or, if the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance Rent Commencement Date does not occur on or before the first day of each and every a calendar month during month, then on the Lease Term, without any setoff or deduction whatsoever. The Base Rent for first day of the first full calendar month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including following the Rent Commencement Date) falls through the expiration of the 3rd full calendar month following the Rent Commencement Date (the “Abatement Period”). Notwithstanding anything to the contrary contained herein, if the Rent Commencement Date occurs on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one calendar month, then, on the Rent for any fractional month Commencement Date, Tenant shall accrue on a daily basis for pay to Landlord the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent due (which shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable subject to abatement pursuant to this paragraph) for the calendar month in which the Rent Commencement Date occurs. Tenant shall commence paying full Base Rent with respect to the Premisesentire Premises on the day immediately following the expiration of the Abatement Period. For the avoidance of doubt, or any other restriction Tenant acknowledges and agrees that if the Rent Commencement Date does not occur on Tenant’s usethe first day of a calendar month, or (except as expressly provided herein) any casualty or takingTenant will, or any failure by on the Rent Commencement Date, pay Landlord to perform any covenant contained herein, or any other occurrencethe Base Rent due for such partial month.

Base Rent. 3.1 Beginning Commencing on the Rent Lease Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant▇▇▇▇▇▇’s execution of this Lease. If any Rent payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Until notice of some other designation is given to Tenant in accordance with the provisions of Article 28 of this Lease, Base Rent and Additional Rentall other charges shall be paid by remittance to or for the order of Four Embarcadero Center Venture by one of the following methods: (i) Via the VersaPay ARC, as defined belowBXP on-line Tenant Portal for which an invite will be sent to Tenant from the VersaPay ARC platform from the email address ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ (please contact Landlord at ▇▇▇▇▇▇@▇▇▇.▇▇▇ with any inquiries respecting VersaPay). or (ii) By ACH Transfer & Direct Deposit Bank of America ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, shall together be denominated “RentConcourse Level #1499 San Francisco, California 94101 ABA# ▇▇▇-▇▇▇-▇▇▇ Account: Boston Properties L.P. Operating Account Account Number: 14993-06215 Amount: [fill in appropriate dollar amount] Reference: Tenant Name: [Fill in Tenant Name and Tenant Number] or (iii) By Mail Boston Properties Limited Partnership P.O. Box 742841 Los Angeles, California 90074-2841 or (iv) By Overnight Delivery Bank of America Lock Box Services Lockbox LAC-742841 ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Los Angeles, California 90065.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 3 of the ProjectSummary, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time in lawful money of payment, is legal tender for private or public debts in the United States of America, America by ACH (Automated Clearing House) payment or (ii) if so elected by Tenant, by electronic funds wire transfer to the account of Landlord as provided to Tenantfunds, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Concurrently with ▇▇▇▇▇▇’s execution of this Lease, Tenant shall deliver to Landlord the Base Rent payable by Tenant for the first (1st) full month of the Lease Term shall be paid at the time of Tenant’s execution of this LeaseTerm. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. If the Lease Commencement Date falls on the first day of a daily basis month, the Base Rent and Additional Rent delivered on the Effective Date shall be credited towards the first month’s Base Rent and Additional Rent (as defined in Article 4 below) payments. If the Lease Commencement Date is not on the first day of a month, then, on the Lease Commencement Date, Tenant shall pay Base Rent and Additional Rent for the period from the date such payment is due to Lease Commencement Date through the end of such calendar month or to the end last day of the Lease Term at a rate per day which is equal to 1/365 of month, and the applicable annual RentBase Rent and Additional Rent paid in advance on the Effective Date shall be credited towards Base Rent and Additional Rent for the succeeding calendar month. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Base Rent for the month in which the Commencement Date occurs (or, if the Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the Commencement Date) and the Security Deposit shall be due and payable concurrently with ▇▇▇▇▇▇’s delivery of an executed copy of this Lease to Landlord. Base Rent for the month in which the 47 ▇▇▇▇▇▇▇ Premises Rent Commencement Date occurs (or, if the 47 ▇▇▇▇▇▇▇ Premises Rent Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the 47 ▇▇▇▇▇▇▇ Premises Rent Commencement Date, ) shall be due and payable on the 47 ▇▇▇▇▇▇ Premises Commencement Date. Tenant shall paypay to Landlord in advance, without prior notice or demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Commencement Date with respect to Landlord or Landlord’s agent the 45 ▇▇▇▇▇▇▇ Premises and after the 47 ▇▇▇▇▇▇▇ Premises Rent Commencement Date with respect to the 47 ▇▇▇▇▇▇▇ Premises, in lawful money of the United States of America, at the management office of the ProjectLandlord for payment of Rent set forth above, or, at Landlord’s option, or to such other person or at such other place as Landlord may from time to time designate in advance and in writing, or via federally insured wire transfer (iincluding ACH) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer pursuant to the account wire instructions provided by Landlord. Payments of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional calendar month shall accrue on a daily basis for the period from the date such payment is due be prorated. The obligation of Tenant to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. pay Base Rent and Additional Rentother sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to ▇▇▇▇▇, reduce, or set-off any Rent (as defined below, shall together in Section 5) due hereunder except for any abatement as may be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencein this Lease.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s 's agent at the management office of the Project, or, at Landlord’s 's option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“"Base Rent”") as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever, except to the extent expressly provided in this Lease. In accordance with Section 4 of the Summary, any increases in Base Rent shall occur on the first day of the applicable Lease Month. The parties acknowledge, however, that Tenant shall pay Base Rent for each "calendar month" of the Lease Term (or a prorated portion of a "calendar month", as applicable), even though the first "Lease Month" may pertain to a period longer than one (1) calendar month. The Base Rent for the first two (2) full month calendar months of the Lease Term shall be paid at the time of Tenant’s 's execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any such fractional month shall accrue on a daily basis for the period from the date during such payment is due fractional month and shall total an amount equal to the end product of (i) a fraction, the numerator of which is the number of days in such fractional month and the denominator of which is the actual number of days occurring in such calendar month or to month, and (ii) the end then-applicable Monthly Installment of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Base Rent. All other payments or adjustments required to be made under the terms TCCs of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 3 of the ProjectSummary, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term (or if the first full month of the Lease Term is within a free rent period, then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent Notwithstanding anything to the contrary contained herein and Additional Rentprovided that Tenant faithfully performs all of the terms and conditions of this Lease, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Landlord hereby agrees to ▇▇▇▇▇ Tenant’s obligation to pay monthly Base Rent for the first (1st) two (2) full calendar months of the initial Lease Term. During such abatement periods, Tenant shall not still be discharged or otherwise affected responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by any law or regulation now or hereafter applicable Tenant under the terms of this Lease that results in early termination pursuant to the Premisesprovisions of Section 19.2 of this Lease, or any other restriction on Tenant’s usethen as a part of the recovery set forth in Section 19.2.1 of this Lease, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord shall be entitled to perform any covenant contained herein, or any other occurrencethe recovery of the monthly Base Rent abated under the provisions of this Article 3.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectBuilding, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term (or if the first full month of the Lease Term is within a free rent period, then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent Notwithstanding anything to the contrary contained herein and Additional Rentprovided that Tenant faithfully performs all of the terms and conditions of this Lease, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, TenantLandlord hereby agrees to ▇▇▇▇▇ ▇▇▇▇▇▇’s obligation to pay monthly Base Rent for the first (1st) four (4) months of the initial Lease Term. During such abatement periods, Tenant shall not still be discharged or otherwise affected responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by any law or regulation now or hereafter applicable Tenant under the terms of this Lease that results in early termination pursuant to the Premisesprovisions of Section 19.2 of this Lease, or any other restriction then as a part of the recovery set forth in Section 19.2.1 of this Lease, Landlord shall be entitled to the recovery of the unamortized portion of the monthly Base Rent abated under the provisions of this Article 3, with amortization calculated on Tenant’s use, or a straight line basis utilizing a forty (except 40) month amortization schedule commencing as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceof the Lease Commencement Date.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 3 of the ProjectSummary, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time in lawful money of payment, is legal tender for private or public debts in the United States of America, America by ACH (Automated Clearing House) payment or (ii) if so elected wire transfer of funds or by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenantcheck, base rent (“"Base Rent”") as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever, except as expressly provided in this Lease. The Concurrently with Tenant's execution of this Lease, Tenant shall deliver to Landlord an amount equal to the Base Rent payable by Tenant for the first Premises for the seventh (7th) full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease(i.e., $271,952.00). If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month's rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. If the Lease Commencement Date falls on the first day of a daily basis month, the Base Rent delivered on the Effective Date shall be credited towards the first month's Base Rent (as defined in Article 4 below) payments. If the Lease Commencement Date is not on the first day of a month, then, on the Lease Commencement Date, Tenant shall pay Base Rent for the period from the date such payment is due to Lease Commencement Date through the end of such calendar month or to the end last day of the Lease Term at a rate per day which is equal to 1/365 of month, and the applicable annual RentBase Rent paid in advance on the Effective Date shall be credited towards Base Rent for the succeeding calendar month. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent Notwithstanding anything to the contrary contained herein and Additional Rentso long as no Event of Default exists under this Lease (beyond the expiration of all applicable notice and cure periods), as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Landlord hereby agrees to ▇▇▇▇▇ Tenant’s 's obligation to pay one hundred percent (100%) of Tenant's monthly Base Rent during the period which is the first (1st), second (2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) full calendar months following the Lease Commencement Date (collectively the "Abated Rent"). During such abatement period, Tenant shall not still be discharged or otherwise affected responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by any law or regulation now or hereafter applicable Tenant under the terms of this Lease that results in early termination pursuant to the Premisesprovisions of Article 19 of this Lease, or any other restriction on Tenant’s usethen as part of the recovery set forth in Article 19 of this Lease, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord shall be entitled to perform any covenant contained herein, or any other occurrencethe recovery of the unamortized amount of monthly Base Rent that was abated under the provisions of this Article 3.

Base Rent. 3.1 Beginning (a) The Base Rent to be paid by Tenant under each Lease Supplement shall begin to accrue on the Rent Commencement Date as specified in such Lease Supplement and shall be determined based upon the Pricing Grid attached hereto as Exhibit C. Tenant shall pay Base Rent by wire transfer in accordance with the terms of the Participation Agreement. Tenant shall be supplied with such bank account information as Tenant shall require to enable payment by wire transfer of federal funds. Tenant shall wire transfer to such account in accordance with the terms of the Participation Agreement until notified of any account change. Base Rent payments shall be due and payable in arrears (i) on the last day of each Rental Period selected by Tenant for a Portion (except that, with respect to any Rental Period of six (6), nine (9) or twelve (12) months, Base Rent with respect thereto shall be due and payable at the end of each three (3) month period during such Rental Period or, if such day is not a Business Day, the following Business Day), (ii) on any date on which this Lease shall terminate as to any Parcel, and (iii) on any other date on which all or any portion of the Lease Investment Balance is paid, except that the last installment of Base Rent shall be payable on the last day of the Term (each such date shall be a “Rent Payment Date”), and Base Rent payments shall be made to Landlord and Administrative Agent in accordance with the terms of the Participation Agreement. No sooner than thirty (30) days or later than ten (10) days prior to the due date for any installment of Base Rent hereunder with respect to any Portion, Landlord and Administrative Agent each shall deliver to Tenant notices indicating the exact dollar amount of the Base Rent that is due on such due date to Landlord or Administrative Agent, as applicable, with respect to such Portion (an “Invoice”). If either Landlord or Administrative Agent fails to send an Invoice, Tenant shall pay, without prior notice or demand, pay the amount shown on the previous Invoice applicable to Landlord or Landlord’s agent at such portion from such Entity in accordance with the management office terms of the ProjectParticipation Agreement. If Tenant’s payment of the amount shown on the previous Invoice is less than the Base Rent then due such Entity, orTenant shall pay the difference within ten (10) days after receipt of notice from such Entity of such shortfall. If Tenant’s payment of the amount shown on the previous Invoice exceeds the Base Rent then due such Entity, at then (provided that no Event of Default has occurred and is continuing), such excess amount shall be credited to the next installment of Base Rent due to such Entity with respect to such Portion. (b) Tenant may select the number and amounts of the Portions into which the Lease Investment Balance is to be divided and the Rental Period for each such Portion by delivering to Administrative Agent and Landlord’s option, at such other place as Landlord may from time not less than three (3) Business Days prior to time designate in advance the Date of Lease and thereafter the last day of each Rental Period for a Portion and in writingaccordance with Section 21.3, an irrevocable written notice in the form of Exhibit D, appropriately completed (a “Notice of Rental Period Selection”), subject to the following: (i) by a check for currency which, at No Portion shall combine the time Landlord Contribution with any part of payment, is legal tender for private or public debts in the United States of America, or Rent Purchasers’ Contribution. (ii) if so elected by TenantEach Portion shall be in a minimum amount of $2,500,000 or an integral multiple of $500,000 in excess thereof (except as otherwise provided below); provided, by electronic funds transfer however, that the total number of Portions outstanding at any time shall not exceed eight (8) with respect to the account Rent Purchasers’ Contribution and three (3) with respect to the Landlord Contribution (and, in the case of both the Rent Purchasers’ Contribution and the Landlord as provided to TenantContribution, base rent (“Base Rent”) as set forth one such Portion may be in Section 4 the amount of the Summary, payable in equal monthly installments as set forth in Section 4 remaining balance of the Summary in advance on Rent Purchasers’ Contribution or before the first day Landlord Contribution, as the case may be, if such balance is less than $2,500,000 or is not an integral multiple of $500,000). (iii) The initial and each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent subsequent Rental Period selected by Tenant for the first full month of the Lease Term each Portion shall be paid at one (1), two (2), three (3), six (6), nine (9) or twelve (12) months; provided, however, that (A) each Rental Period shall begin and end on the time of Tenant’s execution of this Lease. If any Rent payment date eleventh (including the Rent Commencement Date11th) falls on a day of the month other than or, if such day is not a Business Day, on the first day of such month or if any payment of Rent is for a period which is shorter next following Business Day; (B) no Rental Period shall end after the Expiration Date; (C) no Rental Period shall be longer than one month, (1) month if a Default has occurred and is continuing at the Rent for any fractional month shall accrue on a daily basis for time the period from the date such payment Notice of Rental Period Selection is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms delivered in accordance with this Section 7.1(b); and (D) each Rental Period for which Tenant fails to make a selection by delivering a Notice of Rental Period Selection in accordance with this Lease that require proration on a time basis Section 7.1(b) shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together deemed to be denominated “Rentone (1) month.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, pay to Landlord or Landlord’s agent at the management office sum of TWO HUNDRED FORTY THOUSAND and No/100 Dollars ($240,000.00) per annum as the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“"Base Rent”) as set forth in Section 4 of " due for the Summary, Term; which amount shall be payable in equal monthly installments as set forth in Section 4 of TWENTY THOUSAND and No/100 Dollars ($20,000.00). If the Term does not begin on the first day or end on the last day of a calendar month, then the Base Rent for that partial month shall be prorated by multiplying the monthly Base Rent by a fraction, the numerator of which is the number of days of the Summary partial month included in the Term and the denominator of which is the total number of days in the full calendar month. The Base Rent shall be paid in advance on or before the first day of each and every calendar month during the Lease TermTerm without advance notice, without any setoff demand, offset, or deduction, unless such offset or deduction whatsoeveris made by Tenant as expressly permitted in this Lease or to recover any unpaid (non-appealable) arbitration award or court judgment Tenant has against Landlord. All Base Rent and Additional Rent (defined below) shall be paid to Landlord at the address specified in this Lease for any notice to be given hereunder, or as Landlord may otherwise specify in writing to Tenant. The Base Rent for the first full month shall be subject to adjustment as follows: Beginning as of the Lease Commencement Date, each successive twelve (12) full calendar month period of the Term shall be paid at deemed to be a "Lease Year"; provided that should the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls Term commence on a day of the month date other than the first day of such month or if any payment of Rent is for a period which is shorter than one calendar month, the Rent for any fractional month first Lease Year shall accrue on a daily basis for also include the period from the date such payment is due to the end of such partial calendar month or to the end of the Commencement Date; and further provided that the last Lease Term at a rate per day which is Year shall end as of the Expiration Date or earlier termination date of this Lease. Commencing as of the second Lease Year and continuing for each Lease Year of the Term, the annual Base Rent shall be increased each Lease Year to an amount equal to 1/365 One Hundred Two and 50/100 Percent (102.5%) of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting payable during the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or prior Lease Year. (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.i.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 3 of the ProjectSummary, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“"Base Rent”") as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Concurrently with Tenant's execution of this Lease, Tenant shall deliver to Landlord an amount equal to the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease(i.e., $226,166.40). If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month's rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent Notwithstanding anything to the contrary contained herein and Additional Rentso long as Tenant is not then in default under this Lease (beyond the expiration of all applicable notice and cure periods), as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Landlord hereby agrees (i) to ▇▇▇▇▇ Tenant’s 's obligation to pay one hundred percent (100%) of Tenant's monthly Base Rent for the Fourth Floor Premises for the first twelve (12) full months of the initial Lease Term, and (ii) to ▇▇▇▇▇ Tenant's obligation to pay fifty percent (50%) 843078.08/SD374622-00033/8-4-16/MLT/dek -6- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] of Tenant's monthly Base Rent for the Third Floor Premises for the first twelve (12) full months of the initial Lease Term (collectively the "Abated Rent"). During such abatement period, Tenant shall not still be discharged or otherwise affected responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by any law or regulation now or hereafter applicable Tenant under the terms of this Lease that results in early termination pursuant to the Premisesprovisions of Article 19 of this Lease, or any other restriction on Tenant’s usethen as a part of the recovery set forth in Article 19 of this Lease, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord shall be entitled to perform any covenant contained herein, or any other occurrencethe recovery of the unamortized amount of the Abated Rent that was abated under the provisions of this Article 3.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 3 of the ProjectSummary, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the SummarySummary (and subject to the three percent (3%) annual increases set forth therein), payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Notwithstanding anything to the contrary in this Lease, Tenant may at its election pay any Rent to Landlord by electronic transfer and Landlord agrees to provide ACH information to Tenant. No later than three (3) business days after the Lease Commencement Date, Tenant shall deliver to Landlord the Base Rent payable by Tenant for the Premises for the first (1st) full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease(i.e., $706,024.00). If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs (and if the Lease Commencement Date falls on a daily basis day of a month other than the first day of such month, then the excess Base Rent paid by Tenant for the period from the date such payment is due to the end of such calendar month or to shall be credited against Base Rent for the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rentnext calendar month. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning (a) Tenant shall pay the Base Rent to Landlord in accordance with the schedule set forth on the Rent Commencement DateBasic Lease Information page and in the manner described below. Upon execution of this Lease, Tenant shall pay, without prior notice or demand, to Landlord or Landlordpay one month’s agent Base Rent for the entire Premises at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts rate first stated in the United States of AmericaBasic Lease Information Page, or (ii) if so elected by Tenant, by electronic funds transfer and such Rent shall be applied to the account Base Rent first due hereunder after any Rent abatement provided for herein. Tenant shall pay the Base Rent plus, when applicable in accordance with Section 4.2 below, Tenant’s Proportionate Share of Landlord as provided to TenantIncreased Operating Cost, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease TermTerm (subject to any rent abatement specifically provided in this Lease) and any extensions or renewals thereof, in advance without demand and without any setoff reduction, abatement (except as specifically provided in this Lease), counterclaim or deduction whatsoever. The Base Rent for the first full month setoff, in lawful money of the United States, at Landlord’s address specified on the Basic Lease Information page or at such other address as may be designated by Landlord from time to time in the manner provided for giving notice under Section 17.11 hereof. (b) If the Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls commences on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, then the Base Rent provided for any fractional such partial month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated based upon a thirty (30)-day month and the prorated installment shall be paid on the same basisfirst day of the calendar month next succeeding the Commencement Date together with the other amounts payable on that day. Base If the Term terminates on other than the last day of a calendar month, then the Rent provided for such partial month shall be prorated based upon a thirty (30)-day month and Additional Rent, as defined below, the prorated installment shall together be denominated “Rentpaid on the first day of the calendar month in which the date of termination occurs.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectBuilding, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time monthly installments of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Notwithstanding anything to the contrary contained herein, and provided that Tenant is not in monetary or material default beyond any applicable notice, grace or cure period, Landlord hereby agrees to ▇▇▇▇▇ Tenant’s obligation to pay monthly Base Rent for the first six (6) full months of the initial Lease Term. During such abatement periods, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by Tenant under the terms of this Lease that results in early termination pursuant to the provisions of Section 19.1 of this Lease, then as a part of the recovery set forth in Section 20 of this Lease, Landlord shall be entitled to the recovery of the monthly Base Rent abated under the provisions of this Article 3 pro-rated to take into account that portion of time the Lease was in effect. The Base Rent for the first full month of the Lease Term (or if the first full month of the Lease Term is within a free rent period, then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental or other payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental or other payment of Rent is for a period which is shorter than one month, then the Rent rental or other payment for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental or other payment based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rentsuch fractional month occurs.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent Notwithstanding anything to the contrary contained herein and Additional Rentprovided that Tenant faithfully performs all of the terms and conditions of this Lease, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Landlord hereby agrees to ▇▇▇▇▇ Tenant’s obligation to pay Tenant’s monthly Base Rent for the second (2nd) and third (3rd) full months of the initial Lease Term. During such abatement period, Tenant shall not still be discharged or otherwise affected responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by any law or regulation now or hereafter applicable Tenant under the terms of this Lease that results in early termination pursuant to the Premisesprovisions of Article 19 of this Lease, or any other restriction on Tenant’s usethen as a part of the recovery set forth in Article 19 of this Lease, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord shall be entitled to perform any covenant contained herein, or any other occurrencethe recovery of the monthly Base Rent that was abated under the provisions of this Article 3.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectBuilding Complex, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (( “Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full calendar month of the Lease Term which occurs after the expiration of any free rent period shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the a calendar month other than the first day of such calendar month or if any Rent payment of Rent is for a period which is shorter than one monthcalendar month (such as during the last month of the Lease Term), the Rent for any fractional calendar month shall accrue be the proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional RentProvided Tenant is not in default under the terms of this Lease beyond any applicable cure periods, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Landlord conditionally agrees that Tenant’s obligation to pay Base Rent shall be abated during the second (2nd) and the third (3rd) full calendar months of the initial Lease Term (collectively, the “Abatement Months”). The total amount of Base Rent abated pursuant to the immediately preceding sentence is hereafter referred to collectively as the “Abated Rent”. During the Abatement Months, Tenant will still be responsible for the payment of all other monetary obligations under this Lease. The Abated Rent shall only be granted provided Tenant is not in default under this Lease beyond any applicable notice and cure period. Tenant acknowledges that any default by Tenant under this Lease will cause Landlord to incur costs not contemplated hereunder, the exact amount of such costs being extremely difficult and impracticable to ascertain. Therefore, should Tenant at any time during the Lease Term be discharged or otherwise affected in default after having been given notice and opportunity to cure, and as a result of such uncured default Landlord elects to terminate this Lease, then the total amount of such Abated Rent so conditionally excused shall become immediately due and payable by Tenant to Landlord and any remaining Abated Rent shall no longer be available to Tenant as a rent credit from the date of such default. Tenant acknowledges and agrees that nothing in this subsection is intended to limit any other remedies available to Landlord at law or regulation now or hereafter in equity under applicable to law in the Premises, or event Tenant defaults under this Lease beyond any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceapplicable notice and cure period.

Base Rent. 3.1 Beginning Commencing on the Rent Commencement DateDate and then continuing throughout the Term, Tenant shall payagrees to pay Landlord Base Rent according to this Section 4.1, without prior notice or demand, to Landlord deduction, setoff, abatement or Landlord’s agent at credit except as expressly contained in the management office Lease. Base Rent during each Lease Year of the Project, or, at Landlord’s option, at Term will be payable in monthly installments in an amount equal to 1/12 of the amount obtained by multiplying the rate of Base Rent for such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as Lease Year set forth in the definition of Base Rent in Section 4 1.1 by the number of square feet of Rentable Area of the SummaryPremises, payable in equal monthly installments as set forth in Section 4 of the Summary in advance advance, on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for ; if the number of days in the first full Lease Year is greater than 365 or 366 days, as applicable, such monthly rental shall also be payable for each additional 30-day period, prorated for any partial month of as provided in the Lease Term shall be paid at the time of Tenant’s execution of this Leasefollowing sentence. If any Rent payment date (including the Rent Commencement Date) falls on Date is a day of the month date other than the first day of such a calendar month or if any payment the Term ends on a date other than the last day of Rent is for a period which is shorter than one calendar month, Landlord will prorate monthly Base Rent for the first month of the Term or the last month of the Term, as the case may be, based upon the ratio that the number of days of the Term within such month bears to the total number of days in such month. Tenant acknowledges that if there are more than 90 days of Tenant's Delay the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due Commencement Date may occur prior to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to Commencement Date, and Tenant will be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation obligated to pay Rent shall from and after such Rent Commencement Date notwithstanding the fact that the Premises will not be discharged or otherwise affected by any law or regulation now or hereafter applicable yet have been delivered to the Premises, or any other restriction Tenant on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencesuch Rent Commencement Date.

Base Rent. 3.1 Beginning on (i) During the period commencing as of the Effective Date and continuing through the day prior to the Expansion Space Commencement Date (the “Interim Period”), Tenant shall continue to pay the Base Rent for the Original Premises (the "Original Premises Base Rent") in accordance with the terms and conditions of the Lease. (ii) Notwithstanding anything in the Lease to the contrary, commencing as of the Expansion Space Commencement Date, Tenant shall paypay to Landlord, without prior notice or demandwith respect to the entire Premises during the New Term, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts Base Rent in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“amounts stipulated below: WDC 91102651v11 Tenant shall pay such Base Rent”) as set forth in Section 4 of the Summary, payable Rent in equal monthly installments in advance, without setoff, deduction or demand, commencing as set forth in Section 4 of the Summary in advance Expansion Space Commencement Date, and on or before the first day of each and every calendar month thereafter during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for New Term and otherwise in accordance with the first full month terms of the Lease Term shall be paid at the time of Tenant’s execution of this Lease(as amended hereby). If any Rent payment date (including the Rent Expansion Space Commencement Date) falls on Date is a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, then the Base Rent for any fractional such partial month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on a per diem basis of the same basis. monthly installment of Base Rent payable during the Lease Year within which such partial month falls, with the per diem rate calculated with the numerator of one (1) and Additional Rentthe denominator as the number of days in the month in which such Expansion Space Commencement Date occurs (which such proration shall be done with respect to the portion of the month occurring on or after the Expansion Space Commencement Date, as defined belowand with respect to the portion of the month occurring prior to the Expansion Space Commencement Date, Tenant shall together be denominated “Rent.” Without limiting pay Base Rent with respect to the foregoingOriginal Premises in accordance with the terms of the Lease). For clarity, from and after the Expansion Space Commencement Date, Tenant’s obligation to pay the Original Premises Base Rent in accordance with the Lease shall not be discharged or otherwise affected replaced and superseded by any law or regulation now or hereafter applicable the obligation to pay Base Rent with respect to the Premises, entire Premises as set forth in this Section 4(a)(ii). No rental abatement or any other restriction on Tenant’s use, rental concession whatsoever shall apply with respect to the Original Premises or (the Expansion Space during the New Term except as expressly provided hereinset forth in Section 3(b)(ii) any casualty or takingabove (if applicable), or Section 4(c) below. Tenant is and shall remain liable for any failure by Landlord to perform any covenant contained herein, or any other occurrenceand all sums due and payable under the Lease (as amended hereby) through the Revised Expiration Date.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord by wire transfer to: First Republic Bank, ▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇; ABA ▇▇▇▇▇▇▇▇▇; Account Name: Tallwood Forest, LLC; Account Number: 80006851184, or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent and Additional Rent for the first full month of the Lease Term in which Base Rent is payable hereunder shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base . 3.2 Provided that Tenant is not in default under this Lease, then during the first (1st) full calendar month of the Lease Term (the “Rent and Additional RentAbatement Period”), as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent Tenant shall not be discharged or obligated to pay Base Rent otherwise affected by any law or regulation now or hereafter applicable attributable to the PremisesPremises during such Rent Abatement Period (the “Rent Abatement”). Notwithstanding the foregoing or anything to the contrary set forth in this Lease, Tenant shall be required to pay Tenant’s Share of Operating Expenses, Tax Expenses and Utility Expenses attributable to the Premises and all other Additional Rent (as defined in Article 4, below) due pursuant to the terms of this Lease during the Rent Abatement Period. Tenant acknowledges and agrees that the foregoing Rent Abatement has been granted to Tenant as additional consideration for entering into this Lease, and for agreeing to pay the rental and perform the terms and conditions otherwise required under this Lease. If at any time during the Lease Term Tenant is in default under this Lease, and Tenant shall fail to cure such default within any applicable notice and cure period, or if this Lease is terminated for any reason other restriction on Tenantthan Landlord’s usebreach of this Lease, then the dollar amount of the unapplied portion of the Rent Abatement as of the date of such default or (except termination, as expressly provided herein) any casualty or takingthe case may be, or any failure by Landlord shall be converted to perform any covenant contained herein, or any other occurrencea credit to be applied to the Base Rent applicable at the end of the Lease Term and Tenant shall immediately be obligated to begin paying Base Rent for the Premises in full.

Base Rent. 3.1 Beginning (a) Tenant shall pay the Base Rent to Landlord in accordance with the schedule set forth on the Basic Lease Information sheet and in the manner described below. Tenant shall pay the Base Rent Commencement Datefor the THIRD (3rd) month of the Term upon execution of this Lease. Commencing with the first day of the FOURTH (4th) calendar month of the Term, Tenant shall paypay the Gross Rent (consisting of Base Rent plus, without prior notice or demandwhen applicable in accordance with SECTION 3.04 below, to Landlord or Landlord’s agent at the management office Tenant's Proportionate Share of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate Increased Basic Operating Cost and/or Tenant's Proportionate Share of Increased Property Taxes) in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease TermTerm and any extensions or renewals thereof, in advance without demand and without any setoff reduction, abatement, counterclaim or deduction whatsoever. The Base Rent for the first full month setoff, except as otherwise set forth in this Lease, in lawful money of the United States at Landlord's address specified on the Basic Lease Term shall Information sheet or at such other address as may be paid at designated by Landlord in the time of Tenant’s execution manner provided for giving notice under SECTION 9.11 hereof. (b) Notwithstanding any other provision of this Lease. If any Rent payment date (including Lease to the Rent contrary, if the Term Commencement Date) falls Date occurs on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, then the Base Rent provided for any fractional such partial month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated based upon a thirty (30)-day month and the prorated installment shall be paid on the same basisfirst day of the third (3rd) full calendar month after the Term Commencement Date together with the other amounts payable on that day. Base If the Term terminates on other than the last day of a calendar month, then the Gross Rent provided for such partial month shall be prorated based upon a thirty (30)-day month and Additional Rent, as defined below, the prorated installment shall together be denominated “Rentpaid on the first day of the calendar month in which the date of termination occurs.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, pay to Landlord or Landlord’s agent at as Base Rent for the management office Premises the amounts specified in Paragraph 1.01D for each of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance Office Premises and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the SummaryStorage and Data Premises, payable in equal consecutive monthly installments as set forth specified in Section 4 of the Summary said Paragraph 1.01.D, in advance advance, on or before the first day of each and every calendar month during the Lease TermTerm without demand, without any setoff notice or deduction whatsoever. The Base Rent for offset provided, however, that if the first full month of the Lease Term Commencement Date shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one calendar month, then the schedule of Base Rent set forth in Paragraph 1.01.D will be measured from the first (1st) calendar month of the Term and Tenant shall pay Base Rent for any the fractional month shall accrue on a daily basis in which the Commencement Date occurred at the rate otherwise due for the period from the date such payment is due to the end of such first (1st) complete calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be but prorated on the same basisbasis of the number of days during the month this Lease was in effect in relation to the total number of days in such month. Notwithstanding the forgoing, all Base Rent (but no other Rent) shall be conditionally abated in its entirety for months one (1) through seven (7) of the Term (the “Abatement Period”). To illustrate, if the Commencement Date is July 10, 2010, then the Abatement Period would commence on the Commencement Date and end on February 9, 2011. However, If a default by Tenant under the Lease occurs, then (i) if the Abatement Period has not expired or terminated, the Abatement Period shall immediately terminate and Tenant shall immediately commence payment of full Base Rent, and (ii) if Landlord terminates the Lease or Tenant’s possession of the Premises due to such default Tenant shall pay to Landlord upon demand, for loss of the bargain and not as a penalty, all previously abated Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting Rent Termination of the foregoing, Tenant’s Abatement Period and the obligation to pay repay abated Base Rent shall not will be discharged or otherwise affected without limitation of Landlord’s other remedies for a default by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on During the Rent initial Term of this Lease, Tenant hereby agrees to pay to Landlord base annual rental (as specified, the "Base Rent") at the rate of $21.45 per square foot of Rentable Area in the Premises, subject to annual adjustment beginning with the first anniversary of the Commencement Date, in the manner provided in Section 2.4 and subject to any adjustments based on Additional Allowance if granted to Tenant in accordance with Exhibit B. If Tenant elects to extend the Term of this Lease to one hundred eighty (180) months as provided in Section 2.1.3 above, then the initial Base Rent shall pay, without prior notice or demand, be $20.80 per square foot of Rentable Area in the Premises subject to Landlord or Landlord’s agent at annual adjustment beginning with the management office first anniversary of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord Commencement Date as provided in Section 2.4 and subject to any adjustments based on Additional Allowance, if granted to Tenant in accordance with Exhibit B. Any overpayment of Base Rent based upon Tenant, base rent 's election to so extend shall be refunded by Landlord within sixty (“60) days of receipt of Tenant's election notice. The Base Rent”) as set forth , and any Additional Rent then in Section 4 of the Summary, effect shall be due and payable in twelve (12) equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of Except as elsewhere provided in this Lease, Tenant agrees to pay Rent to Landlord monthly in advance without demand, reduction, abatement, counterclaim or setoff at Landlord's designated address. If any Rent payment date (including the Rent Commencement Date) falls Term commences on a day of the month other than the first day of a month or terminates on a day other than the last day of a month, then the Rent for such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis months shall be prorated on in accordance with the same basis. Base Rent actual number of days in the relevant month and Additional Rent, as defined below, the installment or installments so prorated shall together be denominated “Rentpaid in advance.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Commencing on the Rent Commencement DateDate with respect to each Portion of the Premises, Tenant shall paycommence paying with respect to such Portion of the Premises (and will thereafter continue to pay with respect to such Portion of the Premises through the Expiration Date applicable to such Portion of the Premises), without prior notice or demand, to Landlord or Landlord’s agent at the management office address or pursuant to the wiring instructions set forth in Section 13 of the ProjectSummary, or, at Landlord’s option, at such other place address or wiring instructions as Landlord may from time to time designate in advance and in writing, (i) by a check or wire transfer for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the SummarySummary with respect to such Portion of the Premises, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term with respect to the Tranche I Premises following the Rent Commencement Date for the Tranche I Premises shall be paid at the time of within ten (10) business days after Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any such fractional month shall accrue on a daily basis for the period from the date during such payment is due fractional month and shall total an amount equal to the end product of (i) a fraction, the numerator of which is the number of days in such fractional month and the denominator of which is the actual number of days occurring in such calendar month or to month, and (ii) the end then-applicable monthly installment of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Base Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on As part of the Rent Commencement Dateconsideration for the execution of this Lease Agreement, Tenant shall pay, without prior notice or demand, covenants and agrees and promises to pay as Base Rent a total sum as provided below payable to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and monthly installments in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in of the United States of AmericaAmerica (which may be made via ACH transfer), in advance, without demand and without deduction, set-off or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance counterclaim on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverTerm hereof. The Such Base Rent shall be subject to adjustments as provided herein. Notwithstanding the fact that no Base Rent is due for the first full month three (3) months of the Lease Temporary Term shall and the first three (3) months of the Long Term, Tenant is obligated to pay for utilities and all Additional Rent (as defined hereinbelow) during such periods. Temporary Term Months 1- 3 $0.00 Thereafter until the Commencement Date $11.75 Long Term Months 1-3 $0.00 Months 4- 15 $11.75 Months 16- 27 $12.25 Months 28- 39 $12.75 Months 40- 51 $13.25 Months 52- 63 $13.75 A. In addition to the Base Rent and the Additional Rent to be paid by Tenant pursuant to Section 6 below, Tenant agrees to pay to Landlord as additional rent all reasonable charges for any services, goods or materials furnished by Landlord at the time of Tenant’s execution of 's request, which are not required to be furnished by Landlord under this LeaseLease Agreement, as well as other sums payable hereunder by Tenant. If any Base Rent payment date (including the Rent Commencement Date) falls as well as all charges pursuant to this section and hereunder are payable in advance and without demand, deduction or set off on a day of the month other than the first day of such each calendar month or if any payment during the term. If the Term begins on a day that is other not the first day of Rent is for a period which is shorter than one the month, Tenant shall be required to pay only a pro rata portion of the Rent for any fractional month shall accrue on a daily basis monthly installment for the period from first partial month of the date such payment Term for which rent is due payable hereunder. B. Subject to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms notice and cure provisions of this Lease Agreement, all past due installments which are more than five (5) days overdue shall bear interest at the rate of twelve percent (12%) per annum or the highest lawful rate, whichever is less (the "Default Rate"), from the sixth (6th) day following 3 of 51 the due date until paid. Landlord, at its option, shall have the right to collect from Tenant, five cents ($0.05) for each dollar ($1.00) of each installment of Rent which is not received within fifteen) (15) days after its due date for any reason whatsoever (subject to the notice and cure requirements hereunder, if any) and Tenant agrees to pay such amount immediately on demand as liquidating damages to cover the additional cost of collecting and processing such late payments. Any payment which is less than the amount due shall constitute a payment made on account thereof, the parties hereto agreeing that require proration on the Landlord 's acceptance of that payment shall not alter or impair the Landlord's rights under this Lease to be paid all of such amounts then due, or in other respect. Tenant acknowledges that the late payment by Tenant to Landlord of amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and such late charges represent a time basis shall be prorated on fair and reasonable estimate of the same basis. cost that Landlord will incur by reason of the late payment by Tenant. C. If the rentable area of the Leased Premises is modified for any reason, the provisions of this Lease Agreement which are contingent upon the size of the Leased Premises (including without limitation, Base Rent and Rental, Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoingSecurity Deposit, Tenant’s obligation 's pro rata share, and number of unreserved parking spaces) shall be automatically adjusted to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to reflect the modification of the rentable area of the Leased Premises, or effective as of the date of the determination made. If the rentable area of the Building is modified for any other restriction on Tenant’s usereason, or the provisions of this Lease Agreement which are contingent upon the size of the Building (except including, without limitation, Tenant 's pro rata share) shall automatically be adjusted to reflect the modification of the rentable area of the Building, effective as expressly provided herein) any casualty or taking, or any failure by Landlord of the date of the determination. The parties shall memorialize all such adjustments in an amendment to perform any covenant contained herein, or any other occurrencethis Lease Agreement as soon as reasonably possible thereafter.

Base Rent. 3.1 Beginning on the Rent Commencement DateSubject to Section 3.2, Tenant shall pay, without prior notice or demanddemand except as otherwise expressly provided herein, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 6 of the Summary, payable in equal monthly installments as set forth in Section 4 6 of the Summary in advance on or before the first day of each and every calendar month during the Lease TermTerm commencing on the Lease Commencement Date, without any setoff or deduction whatsoeverwhatsoever except as otherwise expressly provided herein. The Base Rent for the first full month of the Lease Term during which Base Rent is payable shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term (if sooner) at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent All payments received by Landlord from Tenant shall be applied, if Landlord elects in its sole discretion, to the oldest payment obligation owed by Tenant to Landlord, and Additional Rentno designation by Tenant, as defined beloweither in a separate writing or on a check or money order, shall together be denominated “Rentmodify this clause or have any force or effect.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Commencing on the date set forth in Section 4.1 of the Summary (the "Rent Commencement Date"), Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s 's agent at the management office address set forth in Section 4.3 of the ProjectSummary, or, at Landlord’s 's option, at such other place as Landlord Landlord, may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“"Base Rent”") as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Base Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rentmonth. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. The Base Rent and Additional Rent, shall be adjusted on each anniversary of the Lease Commencement Date as defined below, shall together be denominated “Rent.” Without limiting set forth in Section 4.4 of the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, Summary. Any installment of rent or any other restriction on Tenant’s usecharge payable which is not paid within ten (10) business days after it becomes due will be considered past due and Tenant will pay to Landlord as Additional Rent a late charge equal to the product of five percent (5%) times the amount of such installment amount due, or the sum of one hundred dollars (except $100.00), whichever is greater, plus monthly interest at the rate of the variable Prime Rate “Prime”, plus six percent (6%) per annum as expressly provided herein) any casualty or takingcharged by Bank of America, Nevada, or the maximum legal interest rate, whichever is less, for each month or fractional month transpiring from the date due until paid. A twenty-five dollar ($25.00) handling charge will be paid by Tenant to Landlord for each returned check and, thereafter, Tenant will pay all future payments of rent or other charges due by money order or cashier’s check. In the event a late charge is assessed for three (3) consecutive rental periods, whether or not it is collected, the Rent shall without further notice become due and payable quarterly in advance notwithstanding any failure provision of this Lease to the contrary. If Tenant shall be served with a demand for the payment of past due rent, any payments tendered thereafter to cure any default by Landlord to perform any covenant contained herein, or any other occurrenceTenant shall be made only by cashier’s check.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and writing (provided any such notice changing the place for payment is given to Tenant no later than fifteen (15) days prior to the next date that Base Rent is due), in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 6 of the Summary, payable in equal monthly installments as set forth in Section 4 6 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, commencing with respect to each floor of the Premises on the Lease Commencement Date therefor as set forth in Section 5.2 of the Summary, without any setoff or deduction whatsoeverwhatsoever (except as otherwise expressly set forth in this Lease). Notwithstanding the foregoing, Base Rent shall be increased by the amount of Base Rent for the Must Take Space effective as of the Must Take Space Commencement Date as set forth in Section 1.5 of this Lease. The Base Rent for the first full month of the Lease Term which occurs in calendar year 1999 for both the initial Premises and the Must Take Space (i.e., a total of $218,229.30) shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Lease Commencement DateDate for the 22nd Floor Space) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration prorated on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office address set forth in Section 3 of the ProjectSummary, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“"Base Rent”") as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Concurrently with Tenant's execution of this Lease, Tenant shall deliver to Landlord an amount equal to the Base Rent payable by Tenant for the first Premises for the fourth (4th) full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease(i.e., Three Hundred Twenty-Seven Thousand One Hundred Fifty-Seven and 60/100 Dollars ($327,157.60)). If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month's rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent Notwithstanding anything to the contrary contained herein and Additional Rentso long as Tenant is not then in default under this Lease (beyond the expiration of all applicable notice and cure periods), as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Landlord hereby agrees to ▇▇▇▇▇ Tenant’s 's obligation to pay one hundred percent (100%) of Tenant's monthly Base Rent for the first three (3) full months of the initial Lease Term (the "Abated Rent"). During such abatement period, Tenant shall not still be discharged or otherwise affected responsible for the payment of all of its other monetary obligations under this Lease. In the event of a default by any law or regulation now or hereafter applicable Tenant under the terms of this Lease that results in early termination pursuant to the Premisesprovisions of Article 19 of this Lease, or any other restriction on Tenant’s usethen as a part of the recovery set 879352.05/SD374622-00001/3-28-19/MLT/bp -5- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] forth in Article 19 of this Lease, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord shall be entitled to perform any covenant contained herein, or any other occurrencethe recovery of the unamortized portion of the Abated Rent that was abated under the provisions of this Article 3.

Base Rent. 3.1 Beginning Base Rent for the month in which the Rent Commencement Date occurs shall be due and payable on or before the Rent Commencement Date. Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Rent Commencement Date, Tenant shall payin lawful money of the United States of America, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectLandlord for payment of Rent set forth above, or, at Landlord’s option, or to such other person or at such other place as Landlord may from time to time designate in advance writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to ▇▇▇▇▇, reduce, or set-off any Rent (as defined in writingSection 5) due hereunder except for any abatement as may be expressly provided in this Lease. Notwithstanding anything Net Lease 10151 ▇▇▇▇▇▇ Canyon/Tandem - Page 4 to the contrary contained in this Lease, in no event shall Tenant be required to pay for Base Rent or Operating Expenses for any period prior to the Rent Commencement Date. Notwithstanding anything to the contrary contained herein, so long as no Default has occurred and is continuing under this Lease, Tenant shall not be required to pay Base Rent with respect to the Premises for the period commencing on the later of (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of AmericaRent Commencement Date, or (ii) if so elected by TenantFebruary 1, by electronic funds transfer to 2017 (either, the account of Landlord “Abatement Commencement Date”), through the date that is 7 months after the Abatement Commencement Date (the “Abatement Period”). Tenant shall commence or resume, as provided to Tenantapplicable, base rent (“paying Base Rent”) as set forth in Section 4 Rent on the day immediately following the expiration of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “RentAbatement Period.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on (a) Tenant shall pay the Base Rent to Landlord in accordance with the Basic Lease Information sheet and in the manner described below. Tenant shall pay the Base Rent for the first month Base Rent is payable for the Expansion Premises upon execution of this Lease. Commencing after the thirtieth (30th) day after the Term Commencement DateDate for the Expansion Premises, Tenant shall paypay the Net Rent (consisting of Base Rent plus, without prior notice or demandwhen applicable in accordance with Section 3.04 below, to Landlord or Landlord’s agent at the management office Tenant's Proportionate Share of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate Basic Operating Cost) in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease TermTerm and any extensions or renewals thereof, in advance without demand and without any setoff reduction, abatement, counterclaim or deduction whatsoever. The Base Rent for the first full month setoff, in lawful money of the United States at Landlord's address specified on the Basic Lease Information sheet or at such other address as may be designated by Landlord in the manner provided for giving notice under Section 9.11 hereof. (b) If the Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls commences on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, then the Base Rent provided for any fractional such partial month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated based upon a thirty (30)-day month and the prorated installment shall be paid on the same basisfirst day of the calendar month next succeeding the Term Commencement Date together with the other amounts payable on that day. Base If the Term terminates on other than the last day of a calendar month, then the Net Rent provided for such partial month shall be prorated based upon a thirty (30)-day month and Additional Rent, as defined below, the prorated installment shall together be denominated “Rentpaid on the first day of the calendar month in which the date of termination occurs.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on On or before the first day of each month of the lease term, Lessee will pay to Lessor the Base Rent Commencement Date, Tenant shall pay, for such month. Monthly rent for the initial partial month of the lease term will be prorated. All sums and other charges payable by Lessee to Lessor in this Commercial Lease Agreement will be deemed rent. Base Rent and all other amounts required to be paid by Lessee will be paid without deduction or offset and without prior notice or demand, . All such amounts shall be paid to Landlord or Landlord’s agent Lessor at the management office of the Projectaddress designated above, or, at Landlord’s option, at such other place and will be treated as Landlord may from time paid upon receipt by Lessor. Additional Rent. In addition to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance Lessee will also pay on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall lease term the proportional share of operating expenses for the prior calendar month as reflected on monthly operating expense statements sent by Lessor to Lessee on or about the 10thday of each month. This additional rent will be paid calculated using the total operating expenses multiplied by the proportionate share of the building or project as identified above. Copies of the invoices underlying monthly operating expenses are available for review by the Lessee upon reasonable advance request at the time office of Tenant’s execution of this LeaseLessor during regular business hours. Late Charges and Returned Item Charges. If any Rent payment date (including the Rent Commencement Date) falls sums payable by Lessee to Lessor is not received by Lessor on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due due, Lessee shall pay a late charge equal to the end greater of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use(a) [LATE CHARGE], or (except b) 10% or the highest per annum rate of interest permitted under applicable Law (whichever is less) of the then delinquent amount. A [RETURNED CHECK CHARGE] handling fee will be paid to Lessor by ▇▇▇▇▇▇ for each bank returned check. Lessor retains the right, in the event of one or more instances of returned checks, to require Lessee to make all future payments to Lessor by wire or electronic transfer, cashier’s check or by an automatic payment from ▇▇▇▇▇▇’s bank account to Lessor’s account, in each case without cost to Lessor. The acceptance of late charges and returned check charges by ▇▇▇▇▇▇ does not act as expressly provided herein) a waiver of any casualty rights or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceremedies of Lessor.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant In GeneralTenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverwhatsoever (except as may otherwise expressly permitted under this Lease). In the event that any invoice prepared by Landlord is inaccurate, such inaccuracy shall not constitute a waiver and Tenant shall be obligated to pay the amount set forth in this Lease. Acceptance of a payment which is less than the amount then due shall not be a waiver of Landlord’s rights to the balance of such Rent, regardless of Landlord’s endorsement of any check so stating. Payments will be applied first to accrued late charges, second to accrued interest as set forth in this Lease, then to Base Rent and Tenant’s Share of Direct Expenses, and any remaining amount to any other outstanding charges or costs. The Base Rent for the first full month of the Lease Term which occurs after the expiration of any “free rent” period shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any such fractional month shall accrue on a daily basis for the period from the date during such payment is due fractional month and shall total an amount equal to the end product of (i) a fraction, the numerator of which is the number of days in such fractional month and the denominator of which is the actual number of days occurring in such calendar month or to month, and (ii) the end then-applicable monthly installment of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Base Rent. All other payments or adjustments required to be made under the terms TCCs of this Lease that require proration on a time basis shall be prorated on the same basis. Without limitation on other obligations of Tenant which shall survive the expiration of the Lease Term, the obligations of Tenant to pay the Base Rent during the Lease Term as provided for in this Article 3 shall survive the expiration and Additional Rent, as defined below, shall together be denominated “Rentsooner termination of the Lease Term.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on Throughout the Rent Commencement DateLease Term, Tenant shall paypay Base Rent in the amount set forth above. Tenant promises to pay to Landlord in advance, without prior notice or demand, to Landlord deduction or Landlord’s agent at the management office of the Projectset-off, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance Base Rent and Additional Rent on or before the first day of each calendar month commencing on the Commencement Date. If the Lease Term commences or expires on a date other than the first day or the last day of a calendar month, respectively, then the Rent payable for such partial calendar month shall be an amount equal to the monthly installment of Rent otherwise then in effect, divided by the number of days in the full calendar month during which the Lease Term commences or expires, respectively, and every multiplied by the number of days in the partial calendar month after and including the Commencement Date or before and including the date of expiration, respectively, and provided further that the Rent for any partial calendar month at the commencement of the Initial Lease Term shall be payable on the first day of the first full calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All sums, liabilities, obligations and other payments or adjustments amounts which Tenant is required to be made under the terms of pay or discharge pursuant to this Lease that require proration on a time basis in addition to Base Rent, including without limitation assessments or common area maintenance charges due and payable to any applicable ownership associations, together with any interest, penalty, or other sum which may be added for late payment thereof, shall be prorated constitute additional rent hereunder (herein called “Additional Rent”). In the event of any failure on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting part of Tenant to pay or discharge any of the foregoing, Tenant’s obligation to pay Rent Landlord shall not be discharged have all rights, powers and remedies provided for herein (or otherwise affected by any law or regulation now equity or hereafter applicable to otherwise) in the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.case of nonpayment of

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall paypay annual base rent (the "Base Rent") for the first Lease Year in an amount equal to $700,000.00, without prior notice and for each subsequent Lease Year in an amount equal to 4.77% of the Gross Revenues of Tenant in that Lease Year (the "Base Amount"), but for each subsequent Lease Year ending on or demandbefore December 31, 2017, the Base Rent shall not be less than $1.4 million per Lease Year (the "Floor Amount"). Tenant shall pay the Base Rent for the first Lease Year ($700,000.00), together with a transaction fee of $700,000.00, to Landlord in a lump sum on or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check before Commencement Date. The Base Rent for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, each subsequent Lease Year through 2017 shall be payable in equal monthly installments as set forth of $116,666.66 in Section 4 of the Summary in advance advance, on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoevermonth. The Base Rent for each Lease Year after 2017 shall be payable in monthly installments, in arrears, on or before the twentieth (20th) day of each month for the preceding calendar month. Following the first full month Lease Year, if the aggregate amount of monthly Base Rent payments made by Tenant for any subsequent Lease Year exceeds the Base Rent computed on the amount of Gross Revenues for that Lease Year, then the amount of such excess shall be applied to the next succeeding monthly installment(s) of Base Rent due hereunder, provided, however, that in no event shall the Base Rent payable for the second Lease Year and each subsequent Lease Year ending on or before December 31, 2017, be less than the Floor Amount. If the aggregate amount of monthly Base Rent payments made by Tenant for any Lease Year is less than the Base Rent computed on the amount of Gross Revenues for that Lease Year, then Tenant shall pay any deficiency by March 31 of the next succeeding Lease Term Year. If the last Lease Year terminates on a day other than the last day of a calendar year, the Floor Amount payable under this Lease for such fractional Lease Year shall be prorated based upon the actual number of days contained in such fractional Lease Year. Tenant shall be entitled to a credit against the Base Rent owing for the first Lease Year for any fees, charges or expenses of the Trustee or Landlord, in excess of $97,000 in the aggregate, that are paid by Tenant in accordance with the Indenture at the time of Tenant’s the execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Commencing on the date (the ''Rent Commencement Date'') which is three (3) months following the Lease Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s 's agent at the management office of the Project, or, at Landlord’s 's option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check (drawn on a bank having a branch office in Los Angeles, California) for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“''Base Rent”'') as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance advance, on or before the first day of each and every calendar month during the Lease Term, commencing on the Rent Commencement Date, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term which occurs after the expiration of any free rent period shall be paid at the time of Tenant’s 's execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term Terrn at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. 2. Initial Three Month Period. Tenant may occupy the Premises for the conduct of business after the Lease Commencement Date and prior to the Rent Commencement Date, and all of the provisions oftl1is Lease shall be in full force and effect upon such occupancy, except that no Base Rent or additional rent for Direct Expenses pursuant to Article 4 shall be payable for the Premises for the period prior to the Rent Commencement Date; provided, however, that Tenant shall pay any parking charges due hereunder for parking for such Premises and Additional Rent, other sundry expenses due and payable hereunder as defined below, shall together be denominated “Rent.” Without limiting of the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to date that Tenant occupies the Premises, or any other restriction on Tenant’s useportion thereof, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencefor the conduct of business. 4. Additional Rent.

Base Rent. 3.1 Beginning on the A. The Base Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 paragraph C on the cover page of this Lease shall be adjusted at the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day commencement of each and every calendar month during Lease Year in accordance with any adjustment in the Lease Term, without any setoff or deduction whatsoeverConsumer Price Index. The new Base Rent for each Lease Year shall be determined by multiplying the Base Rent for the first full immediately preceding Lease Year by a fraction, the numerator of which shall be the CPI published for the month of October in the Lease Term Year then ended, and the denominator of which shall be paid at the time CPI published for the month of Tenant’s execution October in the immediately preceding Lease Year. With respect to the first such adjustment, the initial Base Rent shall be multiplied by a fraction, the numerator of which shall be the CPI published for the month of October in the year of the commencement of this Lease. If any Rent payment date (including , and the Rent Commencement Date) falls on a day denominator of which shall be the CPI published for the month in which the Lease term commenced. In no event shall the Base Rent for any Lease Year be less than the Base Rent for the immediately preceding Lease Year. B. Prior to the commencement of each such Lease Year, Lessor shall deliver to Lessee a statement setting forth the Annual Base Rent for the forthcoming Lease Year, the manner in which it was calculated and the monthly installment that the Lessee shall pay to the Lessor pursuant to this Lease for such Lease Year. C. If the Lease term commencement date is on any day other than the first day of such month January, or if the Lease term expiration date is on any payment date other than the first day of Rent is for a period which is shorter than one monthDecember, the Base Rent as adjusted for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis year shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rentbasis of the actual number of days of the Lease term during such calendar year.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on 4.1 During the Rent Commencement DateTerm, Tenant shall pay, without prior notice or demand, Subtenant agrees to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place pay Sublandlord as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as for the Sublease Premises commencing on the Commencement Date the amounts set forth in Section 4 below. Months 1 and 2 Abated Months 3-12 $ 21,654.88 Months 13-18 $ 29,983.68 Months 19-Expiration Date $ 31,233.00 4.2 Each monthly installment of the Summary, Base Rent shall be payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff demand, notice or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Leaseinvoice. If any Rent payment date (including the Rent Commencement Date) falls Term commences or ends on a day of the month other than the first day of a calendar month, then the rent for the month in which this Sublease commences or ends shall be prorated in the proportion that the number of days this Sublease is in effect during such month bears to the total number of days in such month, and such partial month’s installment shall be paid no later than the commencement of the subject month. In addition to Base Rent, Subtenant agrees to pay as additional rent the amount of Additional Rent and other charges required to be paid by this Sublease. All rent (which shall include Base Rent, Additional Rent and other charges required to be paid by this Sublease or if the Master Lease, including without limitation Operating Costs Share Rent, Tax Share Rent and all other costs, expenses, liabilities and amounts which Sublandlord, as tenant, is required to pay under the Master Lease) shall be paid to Sublandlord without any deduction, offset, counterclaim or abatement (except as specifically set forth in this Sublease), in lawful money of the United States of America, at Sublandlord’s address, or to such other person or at such other place as Sublandlord may from time to time designate in writing. Subtenant’s covenant to pay rent shall be independent of every other covenant in this Sublease. 4.3 On the condition that Subtenant does not default under this Sublease beyond any grace or cure period, Rent for months one (1) and two (2) will be abated, including Operating Costs Share Rent and Tax Share Rent. In the event of any such default by Subtenant, all such amounts (including a monthly Base Rent of $21,654.88) will become immediately due and payable. 4.4 The sum of $21,654.88 shall be payable by Subtenant to Sublandlord upon the mutual execution of this Sublease as the Base Rent for month three (3) of the Term and as consideration for this Sublease. 4.5 If Subtenant fails to pay any installment of Base Rent, Additional Rent or other charges within five (5) days after the same are due, or fails to make any other payment for which Subtenant is obligated under this Sublease, then Subtenant shall pay to Sublandlord a late charge equal to five percent (5%) of the amount so payable. Subtenant acknowledges that late payments will cause Sublandlord to incur costs not contemplated by this Sublease, the exact amount of which costs are extremely difficult and impracticable to calculate. The parties agree that the late charge described above represents a fair and reasonable estimate of the extra costs incurred by Sublandlord as a result of such late payment. 4.6 Sublandlord’s failure to prepare and deliver any statements or notice provided for in this Sublease, or Sublandlord’s failure to make a demand, shall not in any way cause Sublandlord to forfeit or surrender its rights to collect any items of Rent. Subtenant’s liability for such amounts shall survive expiration of the Term. 4.7 No payment by Subtenant or receipt and acceptance by Sublandlord of a lesser amount than the Sublease Base Rent or Sublease Additional Rent shall be deemed to be other than part payment of the full amount then due and payable; nor shall any endorsement or statement on any check or any letter accompanying any check, payment of Rent or other payment, be deemed an accord and satisfaction; and Sublandlord may accept, but is for a period which is shorter than one monthnot obligated to accept, such part payment without prejudice to Sublandlord’s right to recover the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is balance due to the end of such calendar month and payable or to the end of the Lease Term pursue any other remedy provided in this Sublease or by law. If Sublandlord shall at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments any time or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base times accept Rent after it becomes due and Additional Rentpayable, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent such acceptance shall not be discharged excuse a subsequent delay or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenantconstitute a waiver of Sublandlord’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencerights hereunder.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 6 of the Summary, payable in equal monthly installments as set forth in Section 4 6 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or any deduction whatsoever. The Base Rent for the first seventh (7th) full month of the Lease Term shall be paid at the time of Tenant’s execution of this LeaseLease by certified or cashier’s check. If any Rent payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, then the Rent for any such fractional month shall accrue be a proportionate amount of a full calendar month’s Rent based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent All payments received by Landlord from Tenant shall be applied, if Landlord elects in its sole discretion, to the oldest payment obligation owed by Tenant to Landlord, and Additional Rentno designation by Tenant, as defined beloweither in a separate writing or on a check or money order, shall together be denominated “Rentmodify this clause or have any force or effect.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall paypay Base Rent, without prior notice or demand, to Landlord or Landlord’s agent at the management office Address for Payment of the ProjectRent, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency whichthat, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“. Base Rent”) as set forth in Section 4 of the Summary, Rent shall be payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month after the Commencement Date during the Lease Term, without any setoff or deduction whatsoeverwhatsoever (except to the extent otherwise expressly permitted hereunder). The Base Rent for Notwithstanding the first full month of foregoing, Tenant shall pay the Lease Term shall be paid Amounts Due at the time of Signing upon Tenant’s execution and delivery of this Lease. To the extent the Amounts Due at Signing include any Base Rent, such Base Rent shall be applied commencing on the first full calendar month after the Commencement Date, unless the Commencement Date is the first day of a calendar month, in which case such prepaid Base Rent shall be applied commencing on the Commencement Date. If any Rent rental payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which that is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental based on a daily basis for the period from proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. If the Summary provides for any change in Base Rent and Additional Rentby reference to years or months (without specifying particular dates), as defined below, shall together the change will take effect on the applicable annual or monthly anniversary of the Commencement Date (which won’t necessarily be denominated “Rentthe first day of a calendar month).” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent (as defined below) for the first full month of the Lease Term shall be paid on or before the Lease Commencement Date. The monthly Base Rent for any partial month at the time beginning of Tenant’s execution the Lease Term shall equal the product of this Lease. If any 1/365 of the annual Base Rent in effect during the partial month and the number of days in the partial month, and such Base Rent payment is due on the Lease Commencement Date; however, if the Rent Commencement Date is not a fixed date (including that is ascertainable as of the Lease Commencement Date, then such Base Rent payment for any fractional calendar month at the beginning of the Lease Term shall be due by Tenant on the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, Rent (as defined below, ) shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence. Tenant’s obligations and covenants contained herein (including, without limitation, the covenant to pay Rent) are independent of the obligations of Landlord under this Lease.

Base Rent. 3.1 Beginning Base Rent for the first full calendar month of the Partial Abatement Period (as defined below) and the Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the Rent first day of each calendar month during the Term hereof after the Commencement Date, Tenant shall payin lawful money of the United States of America, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectLandlord for payment of Rent set forth above, or, at Landlord’s option, or to such other person or at such other place as Landlord may from time to time designate in advance and in writing, or via federally insured wire transfer (iincluding ACH) pursuant to the wire instructions provided by a check Landlord. Payments of Base Rent for currency whichany fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to ▇▇▇▇▇, at the time of payment, is legal tender for private or public debts in the United States of Americareduce, or set-off any Rent (iias defined in Section 5) if so elected due hereunder except for any abatement as may be expressly provided in this Lease. If Tenant fails to pay the full amount due for Rent under this Lease for any month, Landlord may apply any partial payment of Rent made by Tenant, by electronic funds transfer Tenant to the account of outstanding balance due in any manner Landlord determines, in its sole and absolute discretion. Notwithstanding anything to the contrary contained herein, so long as provided to TenantTenant is not then in default under this Lease beyond any applicable notice and cure periods, base rent for the period commencing on the Commencement Date (“Base Rent”) as set forth in Section 4 of or, if the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance Commencement Date does not occur on or before the first day of each and every a calendar month during month, then on the Lease Term, without any setoff or deduction whatsoever. The Base Rent for first day of the first full calendar month of following the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls through the expiration of the 9th full calendar month following the Commencement Date (the “Partial Abatement Period”), Tenant shall be required to pay Base Rent in the amount of $275,000.00 per month (which Base Rent is calculated on 50,000 rentable square feet of the Premises). Notwithstanding anything to the contrary contained herein, if the Commencement Date occurs on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one calendar month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated then, on the same basis. Commencement Date, Tenant shall pay to Landlord the prorated Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent due (which shall not be discharged or otherwise affected by subject to abatement pursuant to this paragraph) for the calendar month in which the Commencement Date occurs. Commencing on the day immediately following the expiration of the Partial Abatement Period, Tenant shall commence paying the full amount of Base Rent set forth on Page 1. The parties hereby acknowledge agree that, notwithstanding that the rentable square footage of the Premises is approximately 84,321 rentable square feet, during the Base Term and any law or regulation now or hereafter applicable Extension Terms, Tenant shall only be required to pay Base Rent with respect to 77,000 rentable square feet of the Premises, or any other restriction Premises and the Base Rent amount set forth on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencePage 1 was calculated based on 77,000 rentable square feet.

Base Rent. 3.1 Beginning on As base rent for the Rent Commencement Datelease of the Premises, Tenant shall hereby agrees to pay, without prior notice claim, deductions or demandsetoffs for the Term of the Lease base rent. ("Base Rent") as follows: PERIOD PSF ANNUAL EQUAL MONTHLY PAYMENT: ------ --- ------ ---------------------- Lease Year 1 6/1/94-5/31/95 $16.29 $20.786.04 $1.732.17 Lease Year 2 6/1/95-5/31/96 $17.29 $22.062.04 $1.838.50 Lease Year 3 6/1/96 5/31/97 $18.29 $23.338.04 $l.944.84 Such Base Rent for each Lease Year shall be due and payable in the equal monthly installments set forth above, in advance, on the first day of each calendar month during the Term, commencing on the 1ST day of JULY 1994. All payments of Base Rent shall be paid to the Landlord or Landlord’s agent in lawful money of the United States of America at the management office address of the ProjectLandlord shown herein, or, at Landlord’s option, or to such other party or at such other place as Landlord may designate from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided written notice to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If the Term commences or terminates on any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first or last day of such month or if any payment of Rent is for a period which is shorter than one calendar month, the Base Rent for and any fractional month shall accrue on a daily basis for the period from the date such payment is other sums due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis hereunder shall be prorated on the same basisfor such fractional calendar month. All past due installments of Base Rent and Additional Rent, as Rent (defined below) shall bear interest at the rate of twelve percent (12%) per annum from the date due until paid. Anything herein to the contrary notwithstanding, in no event shall together the Base Rent provided herein ever be denominated “Rent.” Without limiting reduced. A "Lease Year" shall be the twelve month period commencing with the Commencement Date of this Lease, and ending one year later, and each following twelve-month period. If at the expiration of any twelve month period during the Term the Term has not expired and there remains less than twelve months prior to the expiration of the Term, the final period during the Term shall be treated like a Lease Year and Base Rent shall be adjusted accordingly. Notwithstanding the foregoing, Tenant’s obligation to pay no Base Rent and Additional Rent shall not be discharged or otherwise affected payable by any law or regulation now or hereafter applicable to Tenant for the Premises, or any other restriction on Tenant’s use, or first two months of the Term (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceJuly and August 1994).

Base Rent. 3.1 Beginning (a) Commencing on the Rent Commencement Date, Tenant Subtenant shall pay, without prior notice or demand, pay to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, Sublandlord base annual rental (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (hereinafter called “Base Minimum Rent”) for the Premises as set forth in Section 4 of the Summary, follows: 1st Lease Year $ 20.64 $ 857,612.64 $ 71,467.72 2nd Lease Year $ 21.26 $ 883,374.26 $ 73,614.52 3rd Lease Year $ 21.90 $ 909,966.90 $ 75,830.58 4th Lease Year $ 22.55 $ 936,975.05 $ 78,081.25 5th Lease Year $ 23.23 $ 965,229.73 $ 80,435.81 Annual Minimum Rent shall be due and payable in twelve equal monthly installments as set forth in Section 4 of the Summary installments. Each such installment shall be due and payable in advance on or before the fifth day prior to the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at term hereof. If the time of Tenant’s execution term of this Lease. If any Rent payment date (including the Rent Commencement Date) falls Sublease commences on a day of the month other than the first day of a month or ends on a day other than the last day of a month, Minimum Rent for such month or if any payment of Rent is for a period which is shorter than one month, the shall be prorated; prorated Minimum Rent for any fractional such partial first month of the term hereof shall accrue be paid on a daily basis the date on which the term commences. Notwithstanding anything in this Sublease to the contrary, Subtenant shall pay to Sublandlord the first monthly installment of Minimum Rent due under this Sublease upon the execution and delivery of this Sublease by Subtenant to Sublandlord. (b) All Minimum Rent and additional rent shall be paid without setoff or deduction whatsoever and shall be paid to Sublandlord at its office at the following address: Real Estate Administration, Gateway, Inc., 6▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ or at such other place as Sublandlord may designate by notice to Subtenant. (c) Sublandlord and Subtenant acknowledge and agree that so long as Subtenant is not then in default under this Sublease, Subtenant shall be entitled to an abatement of the Minimum Rent due and owing under this Sublease for the first sixty (60) days of the term of this Sublease following the Commencement Date (the expiration of such sixty (60) day period is hereinafter referred to as the “Rent Commencement Date”); provided, however, during such abatement period, Subtenant shall remain responsible to pay under this Sublease any and all amounts due and owing for additional rent due hereunder (including all pass-throughs from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent Prime Lease) and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable all utilities provided to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office Rent Payment Address specified in Section 12 of the ProjectSummary, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of , except as otherwise expressly provided in this Lease; provided, however, that upon Tenant’s execution and delivery of this LeaseLease to Landlord, Tenant shall pay to Landlord the Prepaid Base Rent set forth in Section 7 of the Summary, which amount shall be applied to the first monthly installment of Base Rent payable by Tenant pursuant to this Lease (i.e., beginning on the Base Rent Commencement Date). If any Rent payment date (including the Base Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 on the basis of the actual number of days in the applicable annual Rentmonth. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, A. Tenant shall pay, without prior notice or demand, covenants and agrees to pay to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverexcept as otherwise expressly provided herein, the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any charges for any other services, goods or materials furnished by Landlord at Tenant’s request), all of which hereinafter may be collectively called “Rent.” In addition Tenant shall pay and be liable for, as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by any city, state, county or other governmental body having authority, such payments to be in addition to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this Lease. Any such payments shall be paid concurrently with the payments of the Rent on which the tax is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the Lease Term, shall be due and payable in advance in monthly installments on the first full day of each calendar month of during the Lease Term shall be paid at the time of Tenant’s execution of this Leaseand any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rent and Additional Rent to Landlord without demand. If any Rent payment date (including the Rent Commencement Date) falls Lease Term commences on a day of the month other than the first day of such a month or if any payment terminates on a day other than the last day of Rent is for a period which is shorter than one month, then the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end installments of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional RentRent for such month or months shall be prorated, as defined belowbased on the number of days in such month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall together any endorsement or statement on any check or any letter accompanying any check or payment be denominated “Rent.” Without limiting deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the foregoing, balance or pursue any other available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord’s right to declare a default for any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the earliest accrued and unpaid Rent then outstanding. Tenant’s obligation covenant to pay Rent shall be independent of every other covenant set forth in this Lease. B. To the extent allowed by law, all installments of Rent not be discharged paid when due shall bear interest at the Default Rate from the date due until paid. In addition, if Tenant fails to pay any installment of Base Rent or otherwise affected by any law or regulation now or hereafter applicable to the Premises, Additional Rent or any other restriction on Tenant’s useitem of Rent when due and payable hereunder, or a “Late Charge” equal to five percent (except as expressly provided herein5%) any casualty or taking, or any failure of such unpaid amount will be due and payable immediately by Landlord Tenant to perform any covenant contained herein, or any other occurrenceLandlord.

Base Rent. 3.1 Beginning The annual base rent, which Sublessee hereby agrees to pay to Sublessor and Sublessor hereby agrees to accept shall be a sum equal to the product of twenty-Two Dollars ($22.00) multiplied by the number of rentable square feet (13,518), as certified pursuant to the Standard, in the Demised Premises (the "Base Rent"). The Base Rent shall be inclusive of Real Estate Taxes and all other Operating Costs (as such terms are defined in the ▇▇▇▇▇▇▇▇▇). The obligation of Sublessee to pay Base Rent shall begin on the Sublease Commencement Date. The annual Base Rent payable during each Sublease Year, as hereinafter defined, shall be divided into twelve (12) equal monthly installments and such monthly installments shall be due and payable in advance, on the first day of each month during each Sublease Year. For the purposes of this Sublease, the term "Sublease Year" shall mean a period of twelve (12) consecutive months, commencing on the Sublease Commencement Date, Tenant and each successive twelve (12) June 1, 1997 Month period thereafter, except that, if the Sublease Commencement Date is a day other than the first day of a month, then the first Sublease Year shall pay, without prior notice or demand, to Landlord or Landlord’s agent at commence on the management office Sublease Commencement Date and shall continue for the balance of the Projectmonth in which the Sublease Commencement Date occurs and for a period of twenve (12) consecutive calendar months after the last day of such month. If the Sublease Commencement Date is a day other than the first day of a month, orthen, in the first Sublease Year, said twelve (12) installments shall be payable beginning on the first day of the calendar month immediately following the month in which the Sublease Commencement Date occurs and, in additions, on the Sublease Commencement Date, a payment of Base Rent shall be payable in an amount equal to the product of the annual Base Rent then in effect and a fraction, the numerator of which is the number of days of the Sublease Term in the month in which the Sublease Commencement Date occurs, and the denominator of which is 365. The monthly Base Rent, Additional Rent (as defined herein), and any other charges herein reserved or payable shall be paid to Sublessor by wire transfer to the account of: ▇▇▇▇▇ Industries Inc, Account Number 3900-0965 Cititbank NY, ABA #▇▇▇-▇▇▇-▇▇▇ with written confirmation of such transfer to the Sublessor at Landlord’s optionits offices at ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Mr. Ian McaNeill or at such other place as Landlord Sublessor may from time to time designate in advance and in writing, (i) by a check for currency which, at the time in lawful money of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each without demand therefor and every calendar month during the Lease Term, without any deduction, setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one monthabatement whatever, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided hereinin this Sublease. In the event that Sublessee does not remit any payment due under this Sublease to Sublessor within seven (7) any casualty or takingcalendar June 1, or any failure by Landlord 1997 days of when it is due, such amount shall be subject to perform any covenant contained hereina late fee of 5% of the amount, or any other occurrenceand bear interest at 2% over the Wall Street Journal Prime Rate until paid.

Base Rent. 3.1 Beginning Base Rent for the month in which the Commencement Date occurs (or, if the Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the Commencement Date) and the Security Deposit shall be due and payable concurrently with Tenant’s delivery of an executed copy of this Lease to Landlord. Base Rent for the month in which the 47 W▇▇▇▇▇▇ Premises Rent Commencement Date occurs (or, if the 47 W▇▇▇▇▇▇ Premises Rent Commencement Date does not occur on the first day of a calendar month, Base Rent for the first full calendar month following the 47 W▇▇▇▇▇▇ Premises Rent Commencement Date, ) shall be due and payable on the 47 W▇▇▇▇▇ Premises Commencement Date. Tenant shall paypay to Landlord in advance, without prior notice or demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof after the Commencement Date with respect to Landlord or Landlord’s agent the 45 W▇▇▇▇▇▇ Premises and after the 47 W▇▇▇▇▇▇ Premises Rent Commencement Date with respect to the 47 Wiggins Premises, in lawful money of the United States of America, at the management office of the ProjectLandlord for payment of Rent set forth above, or, at Landlord’s option, or to such other person or at such other place as Landlord may from time to time designate in advance and in writing, or via federally insured wire transfer (iincluding ACH) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer pursuant to the account wire instructions provided by Landlord. Payments of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional calendar month shall accrue on a daily basis for the period from the date such payment is due be prorated. The obligation of Tenant to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. pay Base Rent and Additional Rentother sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to a▇▇▇▇, reduce, or set-off any Rent (as defined below, shall together in Section 5) due hereunder except for any abatement as may be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencein this Lease.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice notice, demand, setoff or demanddeduction, to Landlord or Landlord’s agent at the management office address set forth in Section 10 of the ProjectSummary, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 9 of the Summary, payable in equal monthly installments as set forth in Section 4 9 of the Summary in advance on or before the first (1st) day of each and every calendar month during the Lease Term, without any abatement, setoff or deduction whatsoever. In accordance with Section 29.25, this Article 3 shall be construed as though the covenants herein between Landlord and Tenant are independent and Tenant shall not be entitled to any setoff of the Rent or other amounts owing to Landlord under this Article 3. The Base Rent for the first full month of the Lease Term which occurs after the expiration of any free rent period shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue be calculated on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 1/30th of the applicable annual monthly Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on 4.1 During each Lease Year of the Rent Commencement DateLease Term, Tenant shall paypay the Base Rent as shown on Addendum I, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance attached hereto. The Base Rent shall be due and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of advance, on the Summary in advance Lease Commencement Date and on or before the first day of each month thereafter during each Lease Year. On the first day of the second Lease Year and on the first day of every calendar month Lease year thereafter during the Lease Term, without any setoff or deduction whatsoever. The the Base Rent for shall be adjusted, on account of increases in the first full month cost of living and in lieu of Tenant’s obligation to pay increases in operating charges (but not real estate taxes) with respect to the Building, as follows: the Base Rent in effect as of the last day of the immediately preceding Lease Term Year shall be paid at increased by the time product of (a) the Base Rent Annual Escalation Percentage (as defined in Section 1.1), multiplied by (b) the Base Rent so then in effect. Each adjusted rental shall remain in effect until the next adjustment pursuant to this Section. Concurrently with Tenant’s execution of this Lease, Tenant shall pay an amount equal to one (1) monthly installment of the Base Rent payable for the first full calendar month of the Lease Term. If any Rent payment date (including the Rent Lease Commencement Date) falls on Date is a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, then the Base Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to Lease Commencement Date until the end of such calendar month or to the end first day of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis following month shall be prorated on a per diem basis at the same basis. rate of one-thirtieth (1/30th) of the monthly installment of Base Rent payable during the first Lease Year, and Additional Tenant shall pay such prorated installment of Base Rent in advance on the Lease Commencement Date. 4.2 All sums payable by Tenant under this Lease, whether or not stated to be Base Rent, as defined belowadditional Rent, or otherwise, shall together be denominated “Rentpaid to Landlord, without notice or demand and without deduction, counterclaim or set off of any amount of for any reason whatsoever, to Landlord at c/o Blake Construction Co., Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.” Without limiting the foregoing▇., Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises▇▇▇▇▇ ▇▇▇▇, or any other restriction on Tenant’s use▇▇▇▇▇▇▇▇▇▇, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence▇.▇.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of whatsoever except as expressly provided in this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, A. Tenant shall pay, without prior notice or demand, covenants and agrees to pay to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any defense, counterclaim, setoff or deduction whatsoeverexcept as otherwise expressly provided herein, the full amount of all Base Rent and Additional Rent due hereunder and the full amount of all such other sums of money as shall become due under this Lease (including, without limitation, any reasonable charges for replacement of electric lamps and ballasts and any other services, goods or materials furnished by Landlord at Tenant’s request), all of which hereinafter may be collectively called “Rent.” In addition Tenant shall pay and be liable for, as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by any city, state, county or other governmental body having authority, such payments to be in addition to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this Lease. Any such payments shall be paid concurrently with the payments of the Rent on which the tax is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the Lease Term, shall be due and payable in advance in monthly installments of the first full day of each calendar month of during the Lease Term shall be paid at the time of Tenant’s execution of this Leaseand any extensions or renewals hereof, and Tenant hereby agrees to pay such Base Rent and Additional Rent to Landlord without demand. If any Rent payment date (including the Rent Commencement Date) falls Lease Term commences on a day of the month other than the first day of such a month or if any payment terminates on a day other than the last day of Rent is for a period which is shorter than one month, then the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end installments of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional RentRent for such month or months shall be prorated, as defined belowbased on the number of days in such month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall together any endorsement or statement on any check or any letter accompanying any check or payment be denominated “Rent.” Without limiting deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the foregoing, balance or pursue any other available remedy. The acceptance by Landlord of an installment of Rent on a date after the due date of such payment shall not be construed to be a waiver of Landlord’s right to declare a default for any other late payment. All amounts received by Landlord from Tenant hereunder shall be applied first to the earliest accrued and unpaid Rent then outstanding. Tenant’s obligation covenant to pay Rent shall be independent of every other covenant set forth in this Lease. B. To the extent allowed by law, all installments of Rent not be discharged or otherwise affected by paid when due shall bear interest at the Default Rate from the date due until paid. In addition, if Tenant fails to pay any law or regulation now or hereafter applicable to the Premises, installment of Base Rent and Additional Rent or any other restriction on Tenant’s useitem of Rent when due and payable hereunder, or a “Late Charge” equal to five percent (except as expressly provided herein5%) any casualty or taking, or any failure of such unpaid amount will be due and payable immediately by Landlord Tenant to perform any covenant contained herein, or any other occurrenceLandlord.

Base Rent. 3.1 Beginning on During the Rent initial term and each additional term, as rent for the Premises and rights granted to the Lessee by this instrument, the Lessee promises and agrees to pay to the Lessor without notice or demand rent as follows: (i) On the Commencement Date, Tenant Lessee shall paypay to Lessor Fixed Rent (Fixed Rent is defined as $66,666.67 paid monthly, without prior notice or demand, annualized to Landlord or Landlord’s agent at $800,000 per year) prorated by the management office number of days from the Commencement Date to the end of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate month in advance and in writing, (i) by a check for currency which, at which the time of payment, is legal tender for private or public debts in the United States of America, or Commencement Date falls. (ii) if so elected by Tenant, by electronic funds transfer Subsequent to the account of Landlord as provided Commencement Date and subject to Tenantsubparagraph (iv), base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during month, IOC-Tunica shall pay Fixed Rent in advance to Lessor in the Lease Term, without any setoff or deduction whatsoever. The Base Rent amount of $66,666.67 for the first full month remainder of the term of the Lease Term shall and any renewal terms thereof. (iii) Percentage Rent is to be paid at in arrears. Subsequent to the Commencement Date and subject to subparagraph (iv), on or before the 20/th/ day of each month, Lessee shall pay Lessor percentage rent in an amount equal to 2% of Gross Gaming Revenue for the previous calendar month less the Fixed Rent already paid on the 1/st/ of the month. (iv) Once Lessee has paid Lessor $800,000 during a Percentage Rent Year, then Lessee shall not be obligated to make any further Base Rent payments for that Percentage Rent Year unless and until such time of Tenant’s execution of this Leaseas Lessee's total Gross Gaming Revenue for that Percentage Rent Year exceeds $40,000,000. If any Rent payment date (including On the Rent Commencement Date) falls on a 20/th/ day of the month other than following the first month during which total Gross Gaming Revenue for the Percentage Rent Year exceeded $40,000,000, Lessee shall pay Lessor Base Rent in an amount equal to 2% of the amount by which total Gross Gaming Revenue for the Percentage Rent Year exceeded $40,000,000. Thereafter, on the 20/th/ day of such each month for the remainder of the Percentage Rent Year (including the 20/th/ day of the month following the last month of the Percentage Rent Year), Lessee shall pay to Lessor rent equal to 2% of the Gross Gaming Revenue for the prior calendar month. (v) It is the intent of the parties that Base Rent paid to Lessor for any given Percentage Rent Year equal the greater of (x) 2% of Gross Gaming Revenue for the Percentage Rent Year or if any payment (y) $800,000. By way of Rent is example, and for a period which is shorter than one monthclarification, the Base Rent for any fractional month Percentage Rent Year will be as follows: GROSS GAMING REVENUE BASE RENT -------------------- --------- $30,000,000 $ 800,000 $37,000,000 $ 800,000 $42,000,000 $ 840,000 $50,000,000 $1,000,000 CHANGE IN IOC-TUNICA'S FISCAL YEAR (vi) In the event IOC-Tunica changes its fiscal year during the term of this lease, the minimum base rent for any such year shall accrue on be adjusted to reflect the number of months in the adjusted fiscal year multiplied by one-twelth (1/12th) the base rent set forth herein provided, however, that the amount of monthly payments of Fixed Rent shall be unaffected by such a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual change. (vii) Percentage Rent. All other payments or adjustments required , if any, to be made under the terms of this Lease that require proration on paid for a time basis partial percentage rent year shall be prorated paid consistent with the subparagraphs above. (viii) By way of example, if IOC-Tunica's fiscal year in 1999 were to begin on the same basis. Base Rent May 1, 1999, and Additional Rentthere were a change of IOC-Tunica's fiscal year to a calendar year (i.e., as defined belowFY 1999 would end 12/31/99), shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation then Isle of Capri- Tunica would continue to pay monthly Fixed Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to in the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrenceamount of $66,666.

Base Rent. 3.1 Beginning As a component of Rent, Tenant shall pay to Landlord, Base Rent for leasing the Leased Premises, in the amount set forth below, without offset or deduction (“Base Rent”). The first payment of Base Rent shall be due on the Commencement Date (“Rent Commencement Date”). April 1, 2017 to March 31, 2018 Zero Dollars (0.00) per month. If Tenant terminates this Agreement prior to March 31, 2018, Landlord shall retain the Security Deposit as Base Rent. April 1, 2018 to March 31, 2020 Five Hundred Ninety One Dollars and Fifty Cents ($591.50) per month April 1, 2020 to March 31, 2021 Market value of the Leased Premises as determined by Landlord’s City Manager as of April 1, 2020, but no less than Eight Hundred Eighty-Seven Dollars and Twenty-Five Cents ($887.25) per month April 1, 2021 to March 31, 2022 Market value of the Leased Premises as determined by Landlord’s City Manager as of April 1, 2021, but no less than Eight Hundred Eighty-Seven Dollars and Twenty-Five Cents ($887.25) per month If the Rent Commencement Date is not on the first (1st) day of a calendar month, then Tenant shall pay to Landlord, on or before the Rent Commencement Date, Tenant Tenant’s pro rata share of the Base Rent for that partial month pro-rated on the basis of a thirty (30) day month. Subsequent monthly Base Rent payments shall pay, without prior notice or demand, be due and payable on the first day of each month following the first Base Rent payment. Payment of Base Rent shall be made to Landlord at its address stated herein or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at to such other persons or place as Landlord may from time to time designate in advance and in writing, (i) by . Acceptance of a check for currency which, at the time of payment, payment which is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other less than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is amount then due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable a waiver of Landlord’s rights to the Premisesbalance of such Rent, regardless of Landlord’s endorsement of any check so stating. Payments will be applied first to accrued late charges and attorney’s fees, second to other outstanding charges or costs, and any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord remaining amount to perform any covenant contained herein, or any other occurrenceBase Rent.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s 's agent at the management office Rent Payment Address specified in Section 12 of the ProjectSummary, or, at Landlord’s 's option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“"Base Rent”") as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The , except as otherwise expressly provided in this Lease; provided, however, that upon Tenant's execution and delivery of this Lease to Landlord, Tenant shall pay to Landlord the Prepaid Base Rent for set forth in Section 7 of the Summary, which amount shall be applied to the first full month monthly installment of Base Rent payable by Tenant pursuant to this Lease (i.e., beginning on the Lease Term shall be paid at the time of Tenant’s execution of this LeaseBase Rent Commencement Date). If any Rent payment date (including the Base Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 on the basis of the actual number of days in the applicable annual Rentmonth. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on From and after the Rent Lease Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, America or by Automated Clearing House (ii) if but only for so elected long as Landlord has agreed to accept payments by Tenant, by electronic funds transfer to the account of Landlord as provided to TenantAutomated Clearing House), base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverwhatsoever except as expressly set forth in this Lease. The Base Rent for the initial Premises for the first full month of the Lease Term which occurs after the expiration of the Rent Abatement Period (defined in Section 3.2 below) shall be paid at the time of Tenant’s execution of this LeaseLease except as expressly set forth herein. If any Rent payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s 's agent at the management office of the Project, or, at Landlord’s 's option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“"Base Rent”") as set forth in Section 4 of the Summary, payable Summary in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoeverwhatsoever (except as expressly provided in this Lease). The Notwithstanding the foregoing, the inclusion of SMB Rent as Base Rent for in Section 4 is limited to the first full month of the initial Lease Term (and any holdover period), and shall not be paid at included in the time calculation of Tenant’s execution of this LeaseBase Rent payable during any Option Term. If any Rent payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting Notwithstanding the foregoing, Tenant’s obligation as long as no Event of Default exists under the Initial Lease as of the Lease Commencement Date, Base Rent payable by Tenant for the first partial month of the Lease Term pursuant to pay Rent this Article 3 shall not be discharged or otherwise affected fully satisfied by any law or regulation now or hereafter applicable Landlord's application (pursuant to Section 2.3, above) of the Premisesbase rent paid by Tenant for the last calendar month of the Initial Lease, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencehereby terminated.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s 's agent at the management office of the Project, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“"Base Rent”") as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 8 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent and estimated Additional Rent for the first (1st) full month of the Lease Term (in the aggregate amount of $60,537.73) shall be paid at the time of Tenant’s 's execution of this Lease. If any Rent rental payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental payment of Rent is for a period which is shorter than one month, then the Rent rental for any such fractional month shall accrue be a proportionate amount of a full calendar month's rental based on a daily basis for the period from ▇▇▇▇▇▇▇▇ PLAZA Vivus, Inc. ▇▇▇▇▇▇▇▇ PLAZA Vivus, Inc. proportion that the date number of days in such payment is due fractional month bears to the end number of such days in the calendar month or to the end of the Lease Term at a rate per day during which is equal to 1/365 of the applicable annual Rentsuch fractional month occurs. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. If, at any time, Tenant is in default of any monetary or other material term, condition or provision of this Lease beyond applicable notice and grace periods, to the fullest extent permitted by law, any express or implicit waiver by Landlord of Tenant's requirement to pay Base Rent during any period of time from and Additional Rent, as defined below, after the Lease Commencement Date shall together be denominated “Rentnull and void and Tenant shall immediately pay to Landlord all Base Rent so expressly or implicitly waived by Landlord.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of AmericaAmerica or, or (ii) if so elected directed by Tenant, Landlord by electronic funds transfer or similar wire transaction pursuant to the account of Landlord as instructions provided to Tenantby Landlord, base rent (“Base Rent”) as set forth in Section 4 of the Summary, Summary payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, Rent shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and Tenant waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent. Tenant’s covenants contained herein are independent and not dependent, and Tenant hereby waives the benefit of any statute or judicial law to the contrary.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s 's agent at the management office of the Project, or, at Landlord’s 's option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”"BASE RENT") as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. Notwithstanding the foregoing, Tenant is excused from its obligation to pay any Base Rent attributable to the first (1st) month of the Lease Term ("EARLY OCCUPANCY PERIOD"). Tenant shall still be responsible for the payment of Additional Rent, as that term is defined in Article 4 below, during such Early Occupancy Period. The Base Rent for the first full month of the Lease Term which occurs after the expiration of the Early Occupancy Period shall be paid at the time of Tenant’s 's execution of this Lease. Lease along with the Estimated Building Direct Expenses and Project Direct Expenses for the first month of the Lease Tenn. If any Rent payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the ProjectBuilding, or, at Landlord’s option, or at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time monthly installments of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 8 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term (or if the first full month of the Lease Term is within a free rent period, then the Base Rent for the first full month which occurs after the expiration of any free rent period) shall be paid at the time of Tenant’s execution of this Lease. If any Rent rental or other payment date (including the Rent Lease Commencement Date) falls on a day of the month other than the first day of such month or if any rental or other payment of Rent is for a period which is shorter than one month, then the Rent rental or other payment for any such fractional month shall accrue be a proportionate amount of a full calendar month’s rental or other payment based on a daily basis the proportion that the number of days in such fractional month bears to the number of days in the calendar month during which such fractional month occurs. Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, Landlord hereby agrees to ▇▇▇▇▇ Tenant’s obligation to pay monthly Base Rent for the period from the date such payment is due to the end of such calendar month or to the end second (2nd) through fifth (5th) full months of the initial Lease Term at Term. During such abatement periods, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease. In the event of a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made default by Tenant under the terms of this Lease that require proration on results in early termination pursuant to the provisions of Section 19.1 of this Lease, then as a time basis part of the recovery set forth in Section 19.2 of this Lease, Landlord shall be prorated on entitled to the same basis. recovery of the monthly Base Rent and Additional Rent, as defined below, shall together be denominated “Rentabated under the provisions of this Article 3.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

Base Rent. 3.1 Beginning Tenant shall pay to Landlord at the address set forth in --------- Section 1(n), as base rent for the Demised Premises, commencing on the Base Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at Date and continuing throughout the management office Term in lawful money of the ProjectUnited States, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as annual amount set forth in Section 4 of the Summary, 1(d) payable in equal monthly installments as set forth in Section 4 of 1(e) (the Summary "Base Rent"), payable in advance advance, -2- payable in equal monthly installments as set forth in Section 1(e) (the "Base Rent"), payable in advance, without demand and without abatement, reduction, set-off or deduction, on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The If the Base Rent for the first full month of the Lease Term Commencement Date shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls fall on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one calendar month, the Base Rent for any fractional month shall accrue be apportioned pro rata on a daily per diem basis (i) for the period from between the date Base Rent Commencement Date and the first day of the following calendar month (which pro rata payment shall be due and payable on the Base Rent Commencement Date), and (ii) for the last partial month of the Term, if applicable. No payment by Tenant or receipt by Landlord of rent hereunder shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or any letter accompanying any check or payment of rent shall be deemed an accord and satisfaction, and Landlord may accept such check as payment is due without prejudice to Landlord's right to recover the balance of such installment or payment of rent or pursue any other remedies available to Landlord. 4.1 Landlord hereby agrees to provide to Tenant an allowance in the amount of $400,000.00 ("Maximum Construction Allowance") for the installation of the interior finish of the office area of the Demised Premises ("Allowance Work"). If, following the final approval of the Plans and Specifications (as defined in Section 17(a) of this Lease), Landlord reasonably determines that the cost of the Allowance Work will exceed the amount of the Maximum Construction Allowance, Landlord will give written notice of such determination to Tenant, which notice will specify the estimated amount by which the cost of the Allowance Work will exceed the Maximum Construction Allowance. Subject to the end rights of review and approval granted Tenant hereinafter in this Section 4.1, Tenant agrees to deliver to Landlord such excess amount in cash within ten (10) business days following receipt of such calendar month or to notice. If Tenant does not utilize the end of full Maximum Construction Allowance, the Lease Term at unused portion may be applied by Tenant as a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. credit against Base Rent and Additional Rent, Rent (as defined belowin Section 6) which would otherwise accrue in accordance with this Lease. At any time after the occurrence of Substantial Completion, Landlord and Tenant shall, within thirty (30) days after receipt by Tenant of a written request from Landlord, execute and deliver an amended and restated version of this Lease which will delete this Section 4.1 in its entirety and delete any other references in this Lease to the provisions of this Section 4. 1. With respect to the Maximum Construction Allowance, Landlord agrees that Landlord will give Tenant a reasonable opportunity to review and approve any bids or contracts which Landlord desires to accept from any contractor for performance of the work which will be paid from the Maximum Construction Allowance; provided that Tenant must respond in writing within five (5) business days after receipt of any written submission from Landlord. A failure to respond timely shall together be denominated “Rent.” Without limiting constitute approval. Landlord will not accept a bid or enter into a contract without the foregoing, approval of Tenant’s obligation to pay Rent shall ; provided that Tenant acknowledges that (i) Landlord will not be discharged or otherwise affected by any law or regulation now or hereafter applicable in a position to submit an application for the PremisesPermits (as defined in Section 17(a)) without the required approval from Tenant and (ii) each day that elapses after such fifth (5th) business day, or any other restriction on until the requisite approval is obtained from Tenant’s use, or will constitute a day of Tenant Delay (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrencedefined in Section 17.1).