Common use of HVAC Clause in Contracts

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. Landlord will provide, at no additional charge (aother than as part of Direct Expenses reimbursed to Landlord by Tenant in accordance with Article 4), heating, ventilation and air conditioning (“HVAC”) Notwithstanding Section 6 service to Suites 110 and 130 during Building Hours (as defined below), in accordance with standards customarily provided in Comparable Buildings. If Tenant requires HVAC service to Suites 110 and/or 130 to be provided by Landlord beyond such Building Hours, then Landlord will furnish the same, provided Tenant gives reasonable advance notice of this Amendmentsuch requirement and pays for same in accordance with Landlord’s then-current schedule (which shall reflect Landlord’s actual costs which may include a component for customary overhead (i.e., depreciation on equipment, labor charges and a reasonable activation fee to cover administrative costs associated with Tenant’s request for such extra service, if any) but may not include a profit increment). Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s prior consent if and to the Additional Premises Commencement Dateextent required pursuant to Article 8.1 below), Landlord shalland subject to available electrical capacity of the Building, as reasonably determined by Landlord, supplemental HVAC may be provided and/or installed by Tenant anywhere in the Premises, at LandlordTenant’s sole cost and expense, replace through separate supplemental HVAC units (including, without limitation, CRAC units) which shall be subject to the 5 ton HVAC unit (the “5 ton unit”) located direct control of, and maintained by, Tenant, at Tenant’s cost; in the front office event Landlord reasonably determines that such electrical capacity is not available at the Building, then, upon Tenant’s written request, Landlord shall, at Tenant’s cost, reasonably cooperate with Tenant to permit Tenant to add, at Tenant’s cost, equipment and facilities providing additional electrical capacity for Tenant’s use hereunder. Tenant shall not be entitled to tap into Landlord’s chilled water system for the Building or to use any of Landlord’s Building condensers in connection with any such supplemental HVAC equipment installed in the Additional Premises with a new similarly-sized and comparable unitunless Tenant obtains Landlord’s prior written consent thereto (which consent shall not be unreasonably withheld or delayed). On the Additional Premises Commencement Date the 5 ton unit The electrical consumption resulting from Tenant’s usage of Tenant’s supplemental HVAC equipment shall be in goodseparately submetered, operating condition. (b) Prior billed to the Additional Premises Commencement Date, Landlord shall supply Tenant and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) paid by Tenant pursuant to cause the 15 ton unit to be in good, operating conditionSection 6.2 below. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace provide any HVAC to any other portions of the Premises; such HVAC unit as a result ofHVAC, or to the extent such damage or destruction is caused desired by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in provided by Tenant, at Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentscost.

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, the Building shall be equipped with a heating and air conditioning (a“HVAC”) Notwithstanding Section 6 system serving the Building (the “BB HVAC System”). Subject to limitations imposed by all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System service during the “HVAC System Hours” (defined below). Tenant shall have the right to specify the hours of this Amendmentavailability of the BB HVAC System (the “HVAC System Hours”); provided, prior however, (i) any initial determination or changes to the Additional Premises Commencement DateHVAC System Hours shall require at least thirty (30) days prior notice to Landlord, and shall not be effective until the first day of the subsequent calendar month occurring after the expiration of the thirty (30) day period, (ii) the HVAC System Hours shall consist of, at a minimum, the hours of 8:00 A.M. to 6:00 P.M. on Monday through Friday, and (iii) the HVAC System Hours shall consist only of consecutive time periods, as determined on a daily basis. Tenant shall cooperate fully with Landlord shallat all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If the HVAC System Hours consist of more than seventy-five (75) hours per week (“Excess Hours”), then Landlord shall supply such HVAC to Tenant at Landlord’s sole actual cost (which shall be treated as Additional Rent, but not as an Operating Expense), including the cost of increased depreciation on the BB HVAC System, but excluding the cost of electricity to the extent already paid for directly by Tenant, but including the electrical costs specified as follows. Landlord shall reasonably and expenseequitably allocate the portion of the electrical costs of the BB HVAC System attributable to Tenant’s direct use of the BB HVAC System for the Excess Hours to Tenant, replace and Tenant shall pay for the 5 ton HVAC unit costs of such direct use along with the increased depreciation as set forth above, within thirty (30) days after demand, and as Additional Rent under this Lease (and not as part of the Operating Expenses) (the “5 ton unitExtra HVAC Costs”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition). (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. Landlord shall not be obligated to provide (aor cause Master Landlord to provide) Notwithstanding Section 6 any HVAC to the Premises; such HVAC, to the extent desired by Tenant, shall be provided by Tenant, at Tenant’s cost, in accordance with the following provisions of this Amendment, Section 6.1. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the Additional Premises Commencement Dateextent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord shallto the extent permitted under the Master Lease, supplemental HVAC may be provided and/or installed by Tenant anywhere in the Premises, at LandlordTenant’s sole cost and expense, replace through separate supplemental HVAC units (including, without limitation, CRAC units) which shall be subject to the 5 ton HVAC unit (the “5 ton unit”) located direct control of, and maintained by, Tenant, at Tenant’s cost; in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior event Master Landlord to the Additional Premises Commencement Dateextent permitted under the Master Lease reasonably determines that such electrical capacity is not available at the Building, then, upon Tenant’s written request, Landlord shall supply and install 90 degree trunk duct separating supply and returnshall, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) at Tenant’s cost, cause Master Landlord to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow reasonably cooperate with Tenant to review the plans permit Tenant to add, at Tenant’s cost, equipment and facilities providing additional electrical capacity for such installation in advance so that Tenant may provide feedbackTenant’s use hereunder. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons be entitled to tap into Master Landlord’s chilled water system for the Building or to use any of cooling capacity Master Landlord’s Building condensers in connection with any such supplemental HVAC equipment installed in the Additional PremisesPremises unless Tenant obtains Master Landlord’s prior written consent thereto (which consent Landlord shall cause Master Landlord not to unreasonably withhold or delay). Failure to comply with the foregoing requirement The electrical consumption resulting from Tenant’s usage of Tenant’s supplemental HVAC equipment shall be considered a default separately submetered, billed to Tenant and paid by Tenant pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breachSection 6.2 below. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this AmendmentTenant shall pay, prior to delinquency and throughout the Additional Premises Commencement DateLease Term, all charges for water, gas, heating, ventilation, air conditioning, cooling, sewer, telephone, electricity, garbage, janitorial service, landscaping and all other services and utilities supplied to the Premises, including Tenant’s Share of any such services or utilities which are not separately metered for or billed to the Premises. Landlord shallmay, at LandlordTenant’s sole cost and expense, replace install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the 5 ton HVAC unit (Premises or which are provided directly to Tenant or the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit by utility companies or third party providers shall be in good, operating condition. (b) Prior paid directly by Tenant to the Additional Premises Commencement Date, Landlord shall supply such utility companies or third party providers prior to delinquency. All charges for utilities and install 90 degree trunk duct separating supply and return, controls and any other necessary components services for the 15 ton HVAC unit located in sole benefit of Tenant or the warehouse area of the Additional Premises (the “15 ton unit”) which are billed to cause the 15 ton unit to and paid by Landlord directly shall be in good, operating condition. Landlord shall use commercially reasonable efforts to allow paid by Tenant to review the plans Landlord within ten (10) days after receipt of an invoice therefor. All other charges for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, utilities and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which services shall be included in Tenant’s Annual Operating ExpensesExpenses recoverable by Landlord in accordance with Article IV. The disruption, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s costfailure, provided that in no event shall Landlord be obligated to repair lack or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event shortage of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease service or utility with respect to the 5 ton unit and the 15 ton unitPremises, the terms Building, Lot 1 or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit Lease and the 15 ton unitpay all Rent due hereunder, the cost of which shall be included in Tenant’s Annual Operating Expensesall without diminution, provided that in no event shall Landlord be obligated to maintaincredit or deduction; provided, repair however, if such disruption, failure, lack or replace any HVAC unit as a result of, or to the extent such damage or destruction shortage is caused by Landlord’s failure to observe or perform its obligations hereunder, then, within thirty (30) days after receipt of written notice from Tenant specifying such failure, Landlord shall initiate the misconduct or negligent acts or omissions cure of Tenant, its employees, contractors or agentssuch failure and thereafter shall diligently prosecute said cure to completion.

HVAC. (ai) Notwithstanding Section 6 of this AmendmentLandlord shall maintain and operate the heating, prior ventilation and air conditioning systems in the Building and shall furnish heat, ventilation and air conditioning in the Promises through such systems, during the hours from 8:00 A.M. to 6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, Sundays and the Additional Premises Commencement Datedays observed by the Federal or the Connecticut government as legal holidays) (“Business Hours”). If Tenant shall require ventilating and air conditioning service or heating service at any other time (hereinafter called “after hours”), Landlord shallshall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord’s then established charges therefor on Landlord’s demand (presently $35.00 per hour, subject to future increase). (ii) Landlord will not be responsible for the failure of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Premises with more than one person for each 150 rentable square feet in any room or area within the Premises, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five (5) ▇▇▇▇▇ per square foot of floor area in any one room or other area. If due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the air conditioning in the Premises results, necessitating changes in the air conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at LandlordTenant’s sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun’s position whenever the air conditioning system is in operation, replace and Tenant agrees at all times to cooperate fully with Landlord and to abide by all the 5 ton HVAC unit (regulations and requirements which Landlord may prescribe for the “5 ton unit”) located proper functioning and protection of the air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating conditionPremises. (biii) Prior In the event that Tenant elects to use any supplemental heating, ventilation and air conditioning system or exhaust fans (a “Supplemental HVAC System”) presently available to service the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for or requires a new Supplemental HVAC System to service the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit of which shall be in goodsubject to the provisions of Articles 3 and 41 hereof) then, operating condition. without limiting the generality of Articles 3 and 41, the following provisions shall apply to such Supplemental HVAC System: (a) for a new installation, the type of Supplemental HVAC System, its location and the method of installation shall be subject to Landlord’s approval; (b) all costs of installation (as applicable) and removal of the Supplemental HVAC System at the end of the term shall be payable by Tenant; (c) Notwithstanding anything Tenant shall at all times maintain a service contract for the Supplemental HVAC System with a contractor acceptable to Landlord; and (d) the Supplemental HVAC System will be separately metered for electricity as follows: Tenant will pay for the installation of a demand watt-hour check meter(s) and related equipment (the location(s) of which shall be subject to Landlord’s approval) to monitor the consumption of electricity by the Supplemental HVAC system. The demand watt-hour check meter shall not measure the electricity usage for the regular HVAC service provided to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with Maintenance and recalibration of the foregoing requirement installation and wiring shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premisesresponsibility. In addition, Tenant shall pay to LandlordLandlord on a monthly basis, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unitadditional rent, the cost of which shall be included in Tenant’s Annual Operating Expensessuch electrical consumption at the average rate Landlord is paying the utility therefor (including without limitation sales taxes and surcharges thereon, plus $25.00 per month as well as repairs and replacement compensation for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailadministrative expenses). (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, each Building shall be equipped with a heating and air conditioning (a“HVAC”) Notwithstanding Section 6 system serving the applicable Building (the “BB HVAC System”). Subject to limitations imposed by all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System service during the “HVAC System Hours” (defined below). Tenant shall have the right to specify the hours of this Amendmentavailability of the BB HVAC System which may be determined separately for each Complex (the “HVAC System Hours”); provided, prior however, (i) any initial determination or changes to the Additional Premises Commencement DateHVAC System Hours shall require at least thirty (30) days prior notice to Landlord, and shall not be effective until the first day of the subsequent calendar month occurring after the expiration of the thirty (30) day period, (ii) the HVAC System Hours shall consist of, at a minimum, the hours of 8:00 A.M. to 6:00 P.M. on Monday through Friday, and (iii) the HVAC System Hours shall consist only of consecutive time periods, as determined on a daily basis. Tenant shall cooperate fully with Landlord shallat all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If the HVAC System Hours consist of more than seventy-five (75) hours per week (“Excess Hours”), then Landlord shall supply such HVAC to Tenant at Landlord’s sole actual cost (which shall be treated as Additional Rent, but not as an Operating Expense) on a zone-by-zone basis, including the cost of increased depreciation on the BB HVAC System, but excluding the cost of electricity to the extent already paid for directly by Tenant, but including the electrical costs specified as follows. Landlord shall reasonably and expenseequitably allocate the portion of the electrical costs of the BB HVAC System attributable to Tenant’s direct use of the BB HVAC System for the Excess Hours to Tenant, replace and Tenant shall pay for the 5 ton HVAC unit costs of such direct use along with the increased depreciation as set forth above, within thirty (30) days after demand, and as Additional Rent under this Lease (and not as part of the Operating Expenses) (the “5 ton unitExtra HVAC Costs”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition). (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. Sublandlord acknowledges that Subtenant may desire to make modifications or Alterations to the HVAC system serving the Sublease Premises or otherwise to the Sublease Premises in accordance with the terms of the ▇▇▇▇▇▇▇▇▇ in connection with the heating/cooling of the Sublease Premises, including without limitation, the use and/or installation of temporary or moveable heating/cooling equipment (acollectively, the “HVAC Alterations”) Notwithstanding Section 6 . Subject to Subtenant’s compliance with the terms of this AmendmentSublease and the ▇▇▇▇▇▇▇▇▇ including, without limitation, the provisions concerning Alterations and Building systems and the requirement to submit plans for any such work to Sublandlord and Overlandlord for the prior written approval, Sublandlord shall provide Subtenant with a Base Rent credit for actual, out of pocket design costs and hard costs (including, without limitation, the cost of the purchase and installation of machinery or equipment) of such HVAC Alterations up to a maximum of $110,000. Such Base Rent credit shall be provided to Subtenant in the month following Subtenant’s completion of such HVAC Alterations and Subtenant’s delivery of reasonable documentation of such costs and, to the Additional extent applicable, fully executed, unconditional lien waivers from all contractors and vendors providing work or services for such HVAC Alterations. Sublandlord shall have no liability to Subtenant nor any obligation to provide any rent credit to Subtenant in the event Overlandlord fails to consent to such HVAC Alterations. Throughout the Term of this Sublease, HVAC service shall be available to the Sublease Premises Commencement Dateon 24 hours per day, Landlord shall, at Landlord7 days per week and 365 days per year. Subtenant shall pay Sublandlord $0.50 per annum per square foot of rentable area in the Sublease Premises for Subtenant’s sole cost and expense, replace the 5 ton use of overtime HVAC unit (the “5 ton unitHVAC Charge”) located (i.e. Subtenant shall have no obligation to pay any hourly charge for such usage.) The HVAC Charge shall be paid monthly, without set-off, abatement, deduction or demand, on the first of each month during the Term (as the same may be extended) in the front office amount of $1,791.67 per month, with HVAC Charges for any partial month pro-rated on a per diem basis. Notwithstanding the incorporation of Article 71 of the Additional Premises ▇▇▇▇▇▇▇▇▇ in this Sublease, Subtenant shall have no obligation to pay the charges for HVAC set forth therein or elsewhere in the ▇▇▇▇▇▇▇▇▇ and it is expressly agreed that Subtenant’s only obligation with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior respect to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components fees for the 15 ton supply of HVAC unit located in to the warehouse area Sublease Premises is the payment of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be HVAC Charges as provided in good, operating conditionthis Section 13. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in this Sublease by virtue of incorporation of certain provisions of the Lease▇▇▇▇▇▇▇▇▇ herein, Tenant throughout the term of this Sublease, Sublandlord shall not impose a heat load requirement greater than 20 tons maintain the HVAC system at Sublandlord’s sole cost and expense, unless any such maintenance, repair or replacement results from Subtenant’s misuse or abuse of cooling capacity in the Additional HC equipment serving the Sublease Premises. Failure to comply with the foregoing requirement Nothing contained in this Sublease whether stated expressly or incorporated herein shall be considered a default pursuant deemed to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred be an assumption by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event Subtenant of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated obligation to maintain, repair or replace any the HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentssystem and equipment.

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, each Building shall be equipped with a heating and air conditioning (a“HVAC”) Notwithstanding Section 6 of this Amendmentsystem serving the applicable Building (the “BB HVAC System”). Subject to limitations imposed by all governmental rules, prior to the Additional Premises Commencement Dateregulations and guidelines applicable thereto, Landlord shallshall provide BB HVAC System service for normal comfort for normal office use in the Premises, assuming an office occupancy density no greater than one (1) person for any 125 rentable square feet of space, from 8:00 A.M. to 6:00 P.M. Monday through Friday (the “Building Hours”), except for the date of observation of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and, at Landlord’s sole cost and expensediscretion, replace the 5 ton HVAC unit other locally or nationally recognized holidays (collectively, the “5 ton unitHolidays”) located in ). Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the front office proper functioning and protection of the Additional Premises with a new similarly-sized and comparable unitBB HVAC System. On the Additional Premises Commencement Date the 5 ton unit If Tenant desires to use HVAC during hours other than Building Hours, Tenant shall give Landlord’s property management office such prior notice (which shall be in goodvia telephone or an on-line system), operating condition. (b) Prior if any, as Landlord reasonably shall from time to the Additional Premises Commencement Datetime establish as appropriate, of Tenant’s desired use of HVAC, and Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton such HVAC unit located in the warehouse area of the Additional Premises to Tenant at such hourly cost to Tenant (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit which shall be in good, operating condition. (ctreated as Additional Rent) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish thereforfrom time to time establish, and provided that such other out-of-pocket costs incurred by Landlord as a result shall be Landlord’s good faith estimate of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement providing such service with no markup for the 5 ton unit and the 15 ton unit at profit to Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Landlord shall select the company or companies providing such utility and other services described in this subparagraph. HVAC will be provided in a manner consistent with class A office buildings in Jersey City, New Jersey, during Building Standard Hours specified in Section 6 5.4 of this AmendmentLease. Base building HVAC shall be capable of meeting ASHRAE standards of normal office use. If Tenant desires HVAC service other than during Building Standard Hours (“Overtime HVAC”), prior Tenant shall make advance arrangements with Landlord and Overtime HVAC shall be provided by Landlord to Tenant, provided that Tenant shall pay for its use of the Additional Premises Commencement DateOvertime HVAC as additional rent, Landlord shallat a rate of One Hundred Fifty Dollars ($150.00) per hour, subject to Building standard increases at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating conditiondiscretion. (b) Prior to Heat shall be supplied by electric base board, controlled by the Additional Premises Commencement DateBuilding Management System (“BMS”), Landlord continuously calculating outside and inside air temperatures. Each floor of the Building shall supply have an air-conditioning unit with a capacity of 60-85 tons and install 90 degree trunk duct separating supply and returna variable air volume box distribution system, controls and any other necessary components with a total capacity of 4,500 tons for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating conditionBuilding. (c) Notwithstanding anything At Tenant’s prior written request, Landlord shall provide continuous condenser water to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premisesfor Tenant’s additional cooling. Failure If Landlord provides condenser water to comply with the foregoing requirement shall be considered a default Tenant pursuant to the terms of preceding sentence, then commencing on the Lease with respect date Landlord commences providing such condenser water to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlordfor such condenser water, promptly upon billing, Landlord’s costs of supplying such excess capacityas additional rent, at such rates as Landlord shall reasonably establish therefora rate of Six Hundred Fifty Dollars ($650.00) per ton per year at the full capacity of condenser water, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit subject to annual Building standard increases at Landlord’s costdiscretion (the “Annual Water Charge”). If Landlord determines, provided in its reasonable discretion, that Tenant does not actually utilize all of the condenser water capacity reserved for Tenant’s use in no the Premises during the first (15) Lease Year, then Landlord may, in Landlord’s discretion, upon prior written notice to Tenant given within ninety (90) days after the end of the first (1st) Lease Year, decrease Tenant’s capacity to the number of tons of condenser water then actually used by Tenant, in which event the Annual Water Charge shall be prorated accordingly. The Annual Water Charge may be increased annually in proportion to Landlord’s increased cost to furnish such additional condenser water to the Premises. Landlord shall notify Tenant of any increase in the Annual Water Charge which notice may be obligated to repair or replace effected by means of an invoice, it being understood that any such HVAC unit as a result of, or notification may be retroactive to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) date of the Lease with respect increase in Landlord’s cost to furnish condenser water to the 5 ton unit Premises, and Tenant shall commence paying such increase in the 15 ton unit, the terms Annual Water Charge within thirty (30) days after receipt of this Section 11 shall prevailsuch notice from Landlord. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 All HVAC equipment serving the Premises shall be delivered in its as-is condition as of this Amendment, prior to the Additional Premises Lease Commencement Date, Landlord subject to Landlord’s obligations with respect to a Non-Compliant Condition. Tenant shall have the right to inspect such the HVAC equipment at Tenant’s sole risk, cost, and expense, including the cost to repair any damage caused by Tenant during such inspection, without any liability of Landlord. Tenant shall be responsible for the regular and preventative maintenance and usage of the HVAC equipment (including roof top units, ducting direct to the Premise, conduits, and air handlers) exclusively serving any portion of the Premises whether located within the Premises or outside (“Tenant HVAC System”), including, without limitation any balancing of the Tenant HVAC System. In connection with Tenant’s obligation to maintain the Tenant HVAC System, Tenant shall, during the Term, and any renewals thereof, at Landlord’s its sole cost and expense, replace maintain a service contract for the 5 ton routine performance of standard maintenance, including but not limited to, periodic replacement of filters, oiling of mechanical components and inspection for wear and tear. Landlord reserves the right to reasonably designate an HVAC unit contractor with whom Tenant shall contract for such routine maintenance so long as the fee charged by Landlord’s designated contractor shall be the same or less than the fee charged by Tenant’s contractor for similar services. If Tenant fails to commence and adequately complete repairs within the applicable notice and cure periods set forth in this Lease, or if Landlord shall decide to maintain and service the Tenant HVAC System as a part of Operating Expenses, Landlord may make or complete said maintenance and repairs and Tenant shall pay the cost thereof to Landlord within ten (the “5 ton unit”10) located in the front office of the Additional Premises days after written demand, together with a new similarly-sized and comparable unitcommercially reasonable administrative fee not to exceed 10% of such costs for Landlord’s overhead, payable as Additional Rent. On the Additional Premises Commencement Date the 5 ton unit The electricity used for Tenant HVAC System shall be separately metered. Other costs for Tenant HVAC System components provided from common Building systems (e.g., water, compressed air and vacuum) shall be prorated in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating conditionLandlord’s reasonable discretion. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans be responsible for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything general office HVAC available to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms remainder of the Lease with respect to Premises not served by Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unitHVAC System during normal business hours, the cost of which shall be included in Tenant’s Annual Operating Expenses. If Tenant desires to use the Building HVAC system beyond normal operating hours, as well as repairs and replacement Tenant shall pay standard market rates for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailafterhours use. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 If Subtenant desires to utilize HVAC outside of this Amendmentthe standard HVAC hours described in the Master Lease, prior Subtenant shall notify Landlord directly of such request in accordance with the terms and provisions of the Master Lease. Subtenant shall pay for such after-hours HVAC service at the rate that Landlord charges for such service in accordance with the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-hours HVAC services. If Master Landlord bills Subtenant directly for such after‑hours HVAC, Subtenant shall pay such bill to Master Landlord in accordance with the terms and provisions of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable to the Additional Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises Commencement Date, within thirty (30) days of invoice. If Landlord shallinvoices Subtenant directly for such condenser water usage, at Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s sole cost and expenserequirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, replace the 5 ton current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC unit units: (i) two (2) conference rooms on the “5 ton unit”) located in the front office east side of the Additional Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a new similarly-sized and comparable five (5) ton unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. Landlord shall furnish heating, ventilation and air conditioning (a“HVAC”) Notwithstanding Section 6 during Normal Working Hours in the Premises, common area hallways, lobbies and bathrooms as necessary in Landlord’s reasonable judgment for the comfortable use and occupancy of this Amendment, prior these areas as maintained in comparable buildings not owned or controlled by Landlord or an affiliate in close proximity to the Additional Premises Commencement DateBuilding (with good faith efforts to try and maintain temperatures between 72 and 76 degrees Fahrenheit), Landlord shallsubject to compliance with all applicable mandatory governmental regulations and laws. Tenant shall not, at without Landlord’s sole cost and expenseprior written consent, replace the 5 ton HVAC unit (the “5 ton unit”) located use any equipment or lighting not typically found in other tenant spaces in the front office Building which generate excessive heat and thereby affects the ambient temperature otherwise maintained in the Premises by the HVAC system under normal operation. In the event such equipment or lighting affects the ambient temperature, as reasonably and objectively determined by Landlord, and Tenant does not discontinue using such item(s) within five (5) business days following Tenant’s receipt of Landlord’s written notice specifying the Additional Premises with a new similarlynon-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Datetypical equipment or lighting, Landlord shall supply and have the right to install 90 degree trunk duct separating supply and returnany machinery or equipment which Landlord reasonably determines necessary to restore temperature balance, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in goodincluding, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in goodwithout limitation, operating condition. (c) Notwithstanding anything modifications to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish thereforstandard air conditioning equipment, and such other the actual, reasonable out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unitcost thereof, including the cost of which installation and any additional cost of operation and maintenance incurred thereby, shall be included in paid by Tenant to Landlord within fifteen (15) business days following Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at receipt of Landlord’s cost, provided that in written invoice with reasonable substantiation for all amounts. Landlord makes no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease representation with respect to the 5 ton unit and adequacy or fitness of the 15 ton unitHV AC equipment in the Building to maintain temperatures which may be required for, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result because of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions any equipment of Tenant, its employees, contractors and Landlord shall have no liability for loss or agentsdamage in connection therewith.

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (In accordance with the “5 ton unitBase Building” definition as provided in Section 1 of the Work Letter, the Building shall be equipped with a heating and air conditioning (“HVAC”) located in system serving the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unitBB HVAC System”). Subject to limitations imposed by all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System service during the “HVAC System Hours” (defined below). Landlord will operate the BB HVAC System for the benefit of the Premises the hours of 8:00 A.M. to 6:00 P.M. on Monday through Friday (the “HVAC System Hours”). Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If Tenant requires after-hours operation of the BB HVAC System (“Excess Hours”) and Tenant gives Landlord at least twenty-four (24) hours advance notice on a business day, then Landlord shall supply such HVAC to cause Tenant at Landlord’s actual cost (which shall be treated as Additional Rent, but not as an Operating Expense) on a zone-by-zone basis, including the 15 ton unit cost of increased depreciation on the BB HVAC System, but excluding the cost of electricity to be in goodthe extent already paid for directly by ▇▇▇▇▇▇, operating conditionbut including the electrical costs specified as follows; provided, however, if Tenant gives Landlord less than twenty-four (24) hours advance notice, Landlord will nevertheless endeavor to accommodate ▇▇▇▇▇▇’s request so long as such shorter notice is given on a business day. Landlord shall reasonably and equitably allocate the portion of the electrical costs of the BB HVAC System attributable to Tenant’s use commercially reasonable efforts of the BB HVAC System for the Excess Hours to allow Tenant, and Tenant to review shall pay for the plans for costs of such installation in advance so that Tenant may provide feedbackuse along with the increased depreciation as set forth above, within thirty (30) days after demand, and as Additional Rent under this Lease (and not as part of the Operating Expenses) (the “Extra HVAC Costs”). On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Leaseforegoing, the HVAC Systems Hours shall not be applicable to the lab portions of the Premises (located on floors 10, 11 and 12); instead, Landlord shall operate the BB HVAC System as to the lab floors on a twenty-four (24) hours per day basis, and Tenant shall not impose a heat load requirement greater than 20 tons have the ability from within the Premises to access thermostats for controlling the temperature settings for the HVAC serving the lab floors of cooling capacity in the Additional Premises. Failure Premises (it being understood that Tenant needs to comply with operate the foregoing requirement HVAC, and all other rooftop equipment exclusively serving the lab floors, outside of Building Hours and will run HVAC, and all other rooftop equipment exclusively serving the lab floors, 24 hours per day), and Tenant shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance liable for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such Extra HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailCosts. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. For the entire Premises (subject to Section 8.2), excluding any vivarium or data centers (the “Landlord’s HVAC Premises”), Landlord shall: (a) Notwithstanding Section 6 of this Amendmentmaintain and operate (except that, prior to the Additional Premises Commencement Dateextent Tenant leases the entirety of Buildings 8 and/or Building 9, Landlord shallTenant shall operate and control (with respect to such Building(s)), at Landlord’s sole cost including managing set points and expensesequence of operations) the heating, replace the 5 ton HVAC unit ventilating and air conditioning systems (the “5 ton unitHVAC”) located in the front office of the Additional Premises with a new similarly-sized good working order; and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Additional Premises) for reasonably comfortable occupancy of the NY\5747656.2 Premises Commencement Datetwenty-four (24) hours a day, 365 or 366 days a year, provided Tenant complies with the next sentence, if applicable. To the extent Landlord operates and controls any HVAC systems serving the Premises, and if Tenant will require HVAC outside normal business hours of business days (as reasonably designated by Landlord) in Landlord’s HVAC Premises (“Overtime HVAC”), Landlord shall supply and install 90 degree trunk duct separating supply and returnbe obligated to provide Overtime HVAC only if Tenant requests it by 4 p.m. on the immediately preceding business day. To the extent that Tenant occupies the Premises for laboratory purposes, controls and Tenant directs Landlord to provide Overtime HVAC at all times outside normal business hours of business days (as reasonably designated by Landlord), pending further written notice from Tenant. For the avoidance of doubt, the immediately preceding sentence does not apply to any other necessary components for the 15 ton HVAC unit located in the warehouse area portion of the Additional Premises (in which Tenant operates and controls the “15 ton unit”) HVAC systems. Tenant shall pay, as part of Tenant’s contribution to cause Operating Expenses in accordance with the 15 ton unit to be in goodCAM Pools, operating conditionall of Landlord’s actual total cost of providing HVAC and Overtime HVAC, as Landlord reasonably calculates such actual total cost. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Leasethis Section, Landlord shall have no liability, and Tenant shall not impose a heat load requirement greater than 20 tons have no right or remedy, on account of cooling capacity any interruption or impairment in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s costHVAC services, provided that in no event shall Landlord be obligated diligently uses commercially reasonable efforts to repair or replace cure any such interruption or impairment as quickly as reasonably possible. Any right to operate and control HVAC unit as a result of, or is personal to the extent such damage initial Tenant under this Lease and shall not be assigned or destruction is caused by the misconduct otherwise transferred to any other tenant, subtenant or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailother transferee. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to From and after the Additional Premises Commencement Date, Landlord shallin accordance with standards appropriate for a first-class office building, furnish heat, ventilation and air-conditioning to the Premises during Normal Business Hours, as defined in the following paragraph, subject to the following: (A) Heating and/or air-conditioning supplied to Tenant during times other than Normal Business Hours (“Off-Hours HVAC”) required by Tenant shall be supplied upon reasonable prior notice, and shall be paid for by Tenant as Additional Rent within 30 days after ▇▇▇▇▇▇’s receipt of each bill therefore at the rate equal to Landlord’s sole actual incremental cost thereof (not including any amount for any increased wear and expensetear, replace and taking into accounting other simultaneous users of Off-Hours HVAC and the 5 ton HVAC unit (the “5 ton unit”) located amounts required to be paid by them therefore, which amounts shall never be less, on a cost per hour of use basis, for any tenant in the front office Building than that charged to Tenant); (B) Landlord shall not be responsible for the failure of the Additional Premises with a new similarlyheating or air-sized and comparable unit. On conditioning system to meet the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for aforesaid standards if such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s failure results from occupancy of the Additional Premises. Premises by more than an average of one person for each 209 square feet of rentable space or if Tenant uses equipment and the combined electrical load of Tenant’s equipment and Tenant’s lighting fixtures exceeds 6 ▇▇▇▇▇ per square foot of floor area in any one room or area; (C) In addition, if the Premises are used in a manner exceeding the aforementioned occupancy or electric load criteria, Tenant shall pay to LandlordLandlord as Additional Rent, promptly upon billingwithin 15 days after Tenant’s receipt of each bill therefor, Landlord’s costs of supplying heating or air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; (D) If, due to the use of the Premises in a manner exceeding the aforementioned occupancy or electrical load criteria or if Tenant has requested and installed a supplemental HVAC system, or due to the arrangement of partitioning or the distribution system within the Premises, impairment of normal operation of the heating or air-conditioning in the Premises results, necessitating changes in the heating or air-conditioning distribution system within the Premises, such other out-of-pocket costs incurred changes may be made by Landlord upon request by ▇▇▇▇▇▇, subject to the provisions of Article 12(b); Tenant shall pay to Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, Additional Rent the cost of any such change within 30 days after ▇▇▇▇▇▇’s receipt of a bill therefor; (E) Tenant agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating and/or air-conditioning system provided same does not materially impact Tenant’s business; (F) The foregoing heating and air-conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in Tenant’s Annual Operating Expensesgood faith may elect to abide by or shall be by law required to abide by. Tenant shall be responsible for all cleaning, as well as maintenance, repairs and replacement for the 5 ton unit replacements of supplemental HVAC equipment and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailfacilities. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this AmendmentIf Tenant elects to contract for HVAC maintenance, prior to the Additional Premises Commencement Date, Landlord Tenant shall, at Landlord’s Tenant's sole cost and expense, replace the 5 ton HVAC unit and using vendor(s) reasonably acceptable to Landlord, maintain a contract (the “5 ton unit”"Maintenance Contract") located providing for inspection of the HVAC system at least four times per year, and including without limitation periodic changing of any and all filters, changing of belts, lubricating of equipment and maintenance of operating levels of freon in accordance with manufacturers specifications. Tenant shall deliver a copy of the Maintenance Contract to Landlord annually. Tenant shall also, at its sole cost and expense, pay for all repairs and replacements to the HVAC system not covered by the Maintenance Contract. If Tenant fails to maintain the Maintenance Contract or to perform repairs or maintenance required pursuant to this Lease, and if Tenant fails to cure such failure within the period ("Cure Period") which is ten (10) days after written notice from Landlord (provided however, that the Cure Period shall be such longer period as Tenant may reasonably require to cure such failure so long as Tenant commences to cure such failure within such ten (10) day period and diligently prosecutes such cure to completion), Landlord is not obligated to but may, at its sole option, obtain such Maintenance Contract and/or make such repairs and perform such maintenance to the HVAC system as Landlord, in its bona fide business judgment, determines to be necessary, in which event the Tenant shall repay the reasonable cost thereof to Landlord within thirty (30) days after demand. Further, if Tenant fails to perform any of the foregoing services within the Cure Period, Landlord shall have the right if Tenant fails to perform any of the foregoing services (in order to insure uniform cleaning, maintenance of the HVAC system, preservation of the Project and systematic and orderly refuse disposal) at its option to provide said services for a reasonable fee to be paid by Tenant as Additional Rent. If Tenant incurs any expenses to replace portions of the HVAC system during the two years prior to the Lease Expiration Date (as extended in the front office event that Tenant exercises one or more Options to Extend), provided that Tenant gives Landlord written notice of the Additional Premises with a new similarly-sized nature, date and comparable unit. On cost of such replacements prior to completing said replacements, then the Additional Premises Commencement Date the 5 ton unit cost of such replacements shall be amortized over the period determined by Landlord in goodconformity with generally accepted accounting principles or income tax accounting principles pursuant to Internal Revenue Code and upon expiration of the term of the Lease, operating condition. (b) Prior provided that Tenant or any Affiliate of Tenant or transferee pursuant to a Permitted Transfer does not acquire title to the Additional Premises Commencement on or within thirty days after the Lease Expiration Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components reimburse Tenant for the 15 ton HVAC unit located in the warehouse area unamortized cost of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in goodsuch replacements, operating condition. Landlord shall use commercially reasonable efforts to allow minus any sums owed by Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of within thirty days after the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailExpiration Date. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 MAINTENANCE Tenant shall maintain a service contract on all heating, ventilating, and air conditioning equipment with a reputable HVAC contractor throughout the term of this AmendmentLease and any extension thereof, provided Tenant's maintenance of such service contract shall in no way limit Landlord's obligations under Landlord's Warranty. 11. GROUND MAINTENANCE Landlord will install grass, shrubs, trees, pine straw, etc. (hereinafter called the "Landscaping"). Tenant agrees, at Tenant's expense, to maintain the Landscaping as required by the Protective Covenants (as defined in Paragraph 43 below). 12. TAXES Landlord shall, without notice or demand, pay directly to the appropriate authority and discharge on or before the last day on which the same may be paid without penalty, all taxes, rates and charges, and other governmental impositions and charges of every kind and nature whatsoever, together with all interest and penalties thereon (collectively, "Taxes"), which shall or may during the term of this Lease be levied, assessed or imposed on the Premises or any part thereof, or Landlord's interest in the Land and the improvements located thereon, or any buildings, appurtenances, or equipment now or hereafter erected or placed thereon or therein or any part thereof, in each case which has been approved by Tenant in writing. Landlord shall provide Tenant with written notice of the amount of Taxes for each calendar year during the term (together with a copy of the bill) no later than seven (7) days after receipt of same. Tenant shall then pay Landlord the Taxes for s▇▇▇ calendar year at least seven (7) days prior to the Additional Premises Commencement Datedate such Taxes are due and payable without penalty. Landlord shall then pay such Taxes before they are due and payable without penalty (subject to Tenant's right to protest Taxes as provided below). If Landlord fails to timely pay any Taxes after Tenant has timely paid Landlord for such Taxes, Tenant may directly pay the Taxes to the appropriate taxing authorities in which case Landlord shallshall immediately return the subject Taxes payment to Tenant and pay Tenant any penalties resulting from Landlord's failure to timely pay such Taxes with interest on such Taxes payment and any penalty thereon at the Prime Rate (as defined in Paragraph 21 below) plus 2.5% from the date such Taxes were due and payable without penalty to the date such Taxes, any penalty and such interest component are paid to Tenant. Landlord shall be responsible, at Landlord’s its sole cost and expense, replace for the 5 ton HVAC unit timely payment of any and all special assessments, sanitary assessments, recapture agreements and any other taxes, including, without limitation, assessments and taxes related to common roads and utilities, that originate from improvements performed on real property other than the Land or that benefit real estate in addition to the Land or that relate to improvements that are shared by parties in addition to the Tenant (e.g., access roads through the “5 ton unit”business park of which the Land is a part and utility lines that lie within such common roads) (collectively, "Special Assessments"). All Taxes assessed or imposed in lieu of or in addition to the foregoing, shall be paid by Landlord, together with all interest and penalties thereon, under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the federal, state, county and city or local governments and of all other governmental authorities whatsoever. Tenant shall pay directly to the appropriate taxing authority all taxes which shall, prior to or during the term of this Lease be levied, assessed or imposed on or become a lien upon the personal property of Tenant located upon the Premises. Landlord shall be deemed to have complied with the covenants of this Paragraph if payment of such Taxes shall have been made within any grace period allowed by law or by the governmental authority imposing the same during which payment is permitted without penalty or interest, and either before the same shall become a lien upon the Premises or shall become delinquent. Landlord shall, within thirty (30) days after the time above provided for the payment by Landlord thereof, produce and deliver to Tenant reasonably satisfactory evidence of such payment. All such Taxes (except the Taxes and assessments levied on the personal property of Tenant) which become due and are payable in the front office calendar year in which the term commences or expires, shall be apportioned pro-rata between Landlord and Tenant in accordance with the respective portions of such period during which the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit term shall be in goodeffect. Tenant shall have the right to contest or review in good faith by legal proceedings, operating condition. or in such other manner as it may deem suitable (b) Prior which, if instituted, Tenant shall conduct at its own expense, and free of any expense to the Additional Premises Commencement DateLandlord, Landlord shall supply and install 90 degree trunk duct separating supply and returnand, controls and any other necessary components for the 15 ton HVAC unit located if necessary, in the warehouse area name of Landlord, with the Additional reasonable cooperation of Landlord), any Taxes, and cause Landlord to withhold payment of such Taxes. Notwithstanding the foregoing Landlord may promptly pay all such items if at any time the Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit or any part thereof shall be in goodreasonable danger of being foreclosed upon by reason of such nonpayment of Taxes. The legal proceedings herein referred to shall include appropriate proceedings for review of tax assessments and appeals from orders therein and appeals from any judgment, operating condition. (c) Notwithstanding anything to the contrary contained in the Leasedecrees or orders, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement but all such proceedings shall be considered a default pursuant to begun as soon as reasonably possible after the terms imposition or assessment of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, any contested items and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated prosecuted to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsfinal adjudication with reasonable dispatch. In the event of any conflict between this Section 1 1 of this Amendment reduction, cancellation or discharge, Landlord shall pay the amount finally levied or assessed against the Premises or adjudicated to be due and Section 9(a) of the Lease payable on any such contested items and if there shall be any refund with respect thereto, Tenant shall be entitled to the 5 ton unit and same. Tenant shall also be entitled to any rebate or refund relating to Taxes accruing during the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which term. Nothing herein contained shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated construed to maintain, repair or replace any HVAC unit as a result ofrequire Tenant to pay, or to the extent such damage reimburse Landlord for, any inheritance, estate, succession, transfer, gift, franchise, income, profit or destruction excess profit, capital stock, capital levy, corporate or incorporated business tax or other similar tax that is caused by the misconduct or negligent acts or omissions of Tenantmay be imposed upon Landlord, its employeessuccessors or assigns, contractors or agentsupon the rent payable by Tenant unless such taxes shall be levied instead and in lieu of real estate taxes upon the real property and improvements hereby demised. Landlord covenants and agrees to file the ad valorem real estate tax return as required, and within the time provided, by law, covering the interest of Landlord and Tenant in the Premises.

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises Commencement DatePremises, Landlord shallMonday through Friday from 8:00 AM to 6:00 PM, and Saturday 9:00 AM to 1:00 PM, holidays excepted; holidays, as such term is used in this Lease, shall mean days observed as holidays by the United States government, the Commonwealth of Virginia; heat, ventilation and air conditioning required by Tenant at other times shall be supplied upon reasonable prior notice and shall be paid for by Tenant, promptly upon billing, at Landlord’s sole cost such rates as Landlord shall establish therefor (which rate is currently $55 per hour); the air conditioning and expense, replace heating systems intended to service the 5 ton HVAC unit (Premises have been designed to maintain the inside temperatures set forth on Exhibit “5 ton unit”) located in H” hereto; Landlord shall not be responsible for the front office failure of the Additional Premises with a new similarly-sized and comparable unit. On air conditioning system to meet the Additional Premises Commencement Date aforesaid performance specifications if such failure results from the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In additionPremises in excess of that set forth in Exhibit “H” or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds six (6) ▇▇▇▇▇ per rentable square foot of electric load, if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess capacityexcess, at such rates as Landlord shall reasonably establish therefor; if due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, and or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the heating, ventilating or air conditioning in the Premises results, necessitating changes in the system servicing the Premises, such other out-of-pocket costs incurred changes may be made by Landlord as a result upon request by Tenant at Tenant’s sole cost and expense, subject to the provisions of such breach. section (db) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord shall provide preventative maintenance and to abide by all of the regulations and requirements which Landlord may prescribe for the 5 ton unit proper functioning and protection of the 15 ton unitsaid heating, ventilating and air conditioning system; the cost of which foregoing heating, ventilating and air conditioning services shall be included subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated good faith may elect to repair abide by or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated required to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.abide by;

HVAC. Tenant shall (ai) Notwithstanding maintain and repair (including, without limitation, replacing component parts) when necessary all HVAC equipment which services only the Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every 90 days during the Lease Term. If the HVAC unit(s) serving the Premises needs to be replaced due to normal wear and tear or if the repairs required to be made by Tenant exceed $1,000.00, Landlord agrees to perform the work for the repair or replacement of the HVAC unit(s) servicing the Premises as and when determined by Landlord in good faith where such work is not due to any negligence or willful misconduct of Tenant or any of Tenant’s Agents or due to any Tenant’s Alteration, and Tenant shall pay to Landlord the amortized portion of the cost for any such work in accordance with Section 6 5.4 of this AmendmentLease. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises, provided the costs for such maintenance service contract shall be customary for such service contracts for similar properties in the vicinity of the Project. Tenant shall furnish Landlord with a copy of such service contract, which shall provide that they may not be canceled or changed without at least 30 days’ prior written notice to Landlord. Prior to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace will have the 5 ton HVAC unit equipment inspected by a HVAC service vendor (the “5 ton unitHVAC Report”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) agrees to cause the 15 ton unit work that is recommended in the HVAC Report for the HVAC equipment that services the Premises to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review done by the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date and the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant cost thereof shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect charged to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. For the entire Premises, excluding any vivarium or data centers (the “Landlord’s HVAC Premises”), Landlord shall: (a) Notwithstanding Section 6 of this Amendmentmaintain and operate the heating, prior to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost ventilating and expense, replace the 5 ton HVAC unit air conditioning systems (the “5 ton unitHVAC”) located in the front office of the Additional Premises with a new similarly-sized good working order; and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Additional Premises) for reasonably comfortable occupancy of the Premises Commencement Datetwenty-four (24) hours a day, 365 or 366 days a year, provided Tenant complies with the next sentence. If Tenant will require HVAC outside normal business hours of business days (as reasonably designated by Landlord) in Landlord’s HVAC Premises (“Overtime HVAC”), Landlord shall supply and install 90 degree trunk duct separating supply and returnbe obligated to provide Overtime HVAC only if Tenant requests it by 4 p.m. on the immediately preceding business day. To the extent that Tenant occupies the Premises for laboratory purposes, controls and any other necessary components Tenant directs Landlord to provide Overtime HVAC at all times outside normal business hours of business days (as reasonably designated by Landlord), pending further written notice from Tenant. Tenant shall pay, as part of Tenant’s contribution to Operating Expenses in accordance with the CAM Pools, some or all of Landlord’s actual total cost of providing HVAC or Overtime HVAC, as Landlord reasonably calculates such actual total cost or for the 15 ton HVAC unit located Retained Premises, as set forth in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Exhibit U. Notwithstanding anything to the contrary contained in the Leasethis paragraph, Landlord shall have no liability, and Tenant shall not impose a heat load requirement greater than 20 tons have no right or remedy, on account of cooling capacity any interruption or impairment in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s costHVAC services, provided that in no event shall Landlord be obligated diligently uses commercially reasonable efforts to repair or replace cure any such HVAC unit interruption or impairment as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailquickly as reasonably possible. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. At Sublessee’s sole risk, Sublessor permits Sublessee to “tie into” Sublessor’s existing HVAC unit in order to provide Sublessee up to five (a5) Notwithstanding Section 6 tons of this Amendment, prior air conditioning for Sublessee’s computer room. Sublessee shall be responsible for and pay all costs relating to the Additional Premises Commencement design, connection, metering and cabling of the HVAC connection to the Premises. Within thirty (30) days after the Effective Date, Landlord shallSublessor, at Landlord’s its sole cost and expense, replace shall have the 5 ton condensing unit and its related equipment inspected and certified by an approved and qualified HVAC unit (maintenance company that such equipment is in good working order and condition and shall provide such report to Sublessee. Sublessee shall not connect to Sublessor’s auxiliary HVAC equipment until: 1) the “5 ton unit”inspection is complete to the satisfaction of Sublessor; 2) located in Sublessor has reviewed and approved Sublessee’s plans for connecting to Sublessor’s HVAC equipment; and 3) Landlord has given written approval for the front office connection, routing and maintenance company for Sublessee’s HVAC connection to the Premises. Sublessor and Sublessee shall each pay on a pro-rata basis the costs of operation and maintenance of the Additional Premises condensing unit and all of its related equipment through maintenance contracts already submitted to Sublessor by the Building’s management company with a new similarly-sized an approved HVAC maintenance company. Sublessor further agrees that the operation, and comparable unit. On maintenance of the Additional Premises Commencement Date condensing unit and its related equipment shall continue throughout the 5 ton unit Term and shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default maintained pursuant to the terms reasonable specifications outlined by an approved HVAC maintenance company. Sublessor shall submit an invoice to Sublessee for its pro-rata share on a quarterly basis, and Sublessee shall pay Sublessor within ten (10) days of its receipt of an invoice for its pro-rata share. Sublessee agrees that its pro-rata share as of the Lease with respect Effective Date is 20%. Each party shall be responsible for the operation and maintenance of its own HVAC units and glycol piping and all their related equipment through maintenance contracts, which may be subject to Tenant’s occupancy the approval of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply furnish heating, ventilation and install 90 degree trunk duct separating supply and return, controls and any other necessary components air ---- conditioning ("HVAC") in amounts required for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s and occupancy of the Additional PremisesPremises for normal office purposes consistent with the highest category of premiere, first-class office building projects in the Golden Triangle area and on Maple Drive in Beverly Hills, California. In addition, Tenant shall pay not, without Landlord's prior written consent, use heat-generating machines (other than normal fractional horsepower office machines) or other machinery or equipment (including but not limited to Landlord, promptly upon billing, Landlord’s costs "space heaters") which may affect the temperature otherwise maintained in any portion of supplying such excess capacity, at such rates as Landlord shall reasonably establish thereforthe Premises by the HVAC system, and if such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit temperature is affected as a result of: (i) any lights, machines or equipment (including without limitation, computers, telephone switches, photocopiers and electronic data processing machines) used by Tenant in the Premises in excess of normal office use; (ii) the occupancy of the Premises by more than one person per one hundred fifty (150) square feet of Rentable Area therein; or (iii) an electrical demand in excess of four and one-half (4.5) ▇▇▇▇▇ (connected load) per square foot of Rentable Area of the Premises, Landlord shall have the right to install, after notice to Tenant and a thirty (30) day opportunity for Tenant to restore the required temperature balance in the Premises, any supplemental machinery or equipment which Landlord reasonably deems necessary to restore temperature balance, including without limitation, modifications or additions to the extent such damage or destruction is caused standard air conditioning equipment, and the cost thereof including the reasonable cost of equipment and installation and any additional reasonable cost of operation and maintenance incurred thereby, shall be paid by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsTenant to Landlord within thirty (30) days following demand therefor by Landlord. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease Landlord makes no representation with respect to the 5 ton unit adequacy or fitness of the HVAC system or equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant except with respect to the equipment specifically shown on the Final Plans or which is typically used in similar locations and densities by other tenants in first-class office buildings comparable to the 15 ton unitBuilding, the terms of this Section 11 shall prevail. (e) and Landlord shall provide preventative maintenance have no liability for loss or damage in connection therewith. Tenant hereby agrees to indemnify, defend, protect and hold Landlord harmless from and against any and all loss, damage, claim, liability, expense or costs, including attorneys' fees, incurred by Landlord to any other tenant in the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit Project as a material result ofof the use by Tenant of electric current, HVAC or to other services in excess of the extent such damage or destruction is caused by capacity of the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsBuilding Systems set forth in this subsection (a).

HVAC. (a) Notwithstanding Section 6 Heating, ventilation and cooling appropriate to the season and sufficient for normal use and comfortable occupancy of this Amendmentthe Premises and in compliance with applicable Laws, Monday through Friday during Business Hours and, by request given to Landlord not less than 24 hours prior to the Additional Premises Commencement Daterequested service, Landlord shallon Saturday during Business Hours. To the extent the same can be accommodated by the Building Systems, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit upon twenty-four (the “5 ton unit”24) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Datehours’ prior request, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton provide Building HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the LeasePremises during non-Business Hours, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, for which Tenant shall pay to Landlord, promptly upon billingas Additional Rent, within thirty (30) days of receiving Landlord’s costs invoice with a reasonably detailed cost breakdown, a Building-standard hourly service charge that, as of supplying the Effective Date, is Sixty Dollars ($60.00) per hour (or portion thereof) and which may be adjusted by Landlord from time to time. If Tenant shall occupy a partial floor, the full floor charge shall apply if Tenant is the only tenant on such excess capacityfloor requesting the utilization of the Building HVAC at that time, but, at such rates as Landlord any time that two or more tenants on the same floor shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result request the utilization of such breach. (d) Landlord shall provide preventative maintenance Building HVAC for the 5 ton unit and the 15 ton unitsame non-Business Hours, the cost of which full floor charge shall be included divided proportionately among them. Such charge shall constitute a direct charge to Tenant and not an Expense. If Tenant fails to pay when due any charges for non-Business Hours HVAC service, Landlord may cease providing such service to Tenant. In order to conserve resources and assist Landlord in Tenant’s Annual Operating Expensesoperating the Building in an efficient manner, as well as repairs and replacement Tenant agrees that it will cause the HVAC plans for any tenant improvement work to be prepared in a manner that provides for separately zoned HVAC areas within portions of each floor comprising the 5 ton unit and Premises so that, by means of an override switch or other form of control, Tenant can limit full HVAC service to such zones within the 15 ton unit at Landlord’s cost, provided Premises that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused are actually occupied by the misconduct or negligent acts or omissions of Tenant, its staff, employees, contractors or invitees and agents. In Tenant agrees at all times to cooperate fully with Landlord and to abide by all the event of any conflict between this Section 1 1 of this Amendment regulations and Section 9(a) requirements which Landlord may prescribe for the proper functioning and protection of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailHVAC systems. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Landlord hereby warrants that the heating, ventilation and air-conditioning systems servicing the Leased Premises (the “HVAC”) shall be in good working order as of the Commencement Date. (b) Notwithstanding anything to the contrary set forth in Section 6 7.01 of this AmendmentLease, prior at such time, if at all, as the cost incurred by Tenant to repair the HVAC in a given calendar year exceeds $5,000.00, in the aggregate, (i) Tenant shall promptly notify Landlord, which notice shall be accompanied by copies of paid invoices evidencing such cost, and (ii) Landlord shall perform all further repairs required to the Additional Premises Commencement Date, Landlord shall, HVAC during such calendar year at Landlord’s sole cost and expense; provided, replace the 5 ton HVAC unit (the “5 ton unit”) located however, that in the front office event such repair is needed as a result of Tenant’s failure to maintain the Additional Premises with a new similarly-sized and comparable unit. On HVAC properly or the Additional Premises Commencement Date the 5 ton unit negligence or willful misconduct of Tenant or Tenant’s agents, employees, contractors or invitees, Tenant shall be in good, operating condition. (b) Prior required to perform the Additional Premises Commencement Date, Landlord shall supply necessary repairs at its sole cost and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating conditionexpense. (c) Notwithstanding anything to the contrary contained set forth in Section 7.01 of this Lease, and without limiting anything set forth in subsection (b) above, in the Leaseevent that, during the Lease Term, a particular component of the HVAC requires repair or replacement and the estimated cost for such repair or replacement exceeds $2,000.00 (i) Tenant shall not impose a heat load requirement greater than 20 tons promptly notify Landlord of cooling capacity the need for such repair or replacement, (ii) Landlord shall perform such repair or replacement at its cost and expense (subject to clause (iii) below), and (iii) Tenant shall reimburse Landlord, as Additional Rent, for the cost of such replacement up to $2,000.00; provided, however, that in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying event such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord replacement is needed as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expensesfailure to maintain the HVAC properly or the negligence or willful misconduct of Tenant or Tenant’s agents, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unitinvitees, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which Tenant shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated required to maintain, repair or replace any HVAC unit as a result of, or to perform the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, necessary replacement at its employees, contractors or agentssole cost and expense.

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Date, Landlord shallTenant, at Landlord’s sole cost and Tenant's expense, shall have the right to install, ---- maintain, repair and replace from time to time two cooling lines at Tenant's sole expense, not to exceed 6 inches in diameter, through the 5 ton HVAC unit (the “5 ton unit”) located Building core to support air conditioning systems installed by Tenant in the front office Premises. Additionally, Tenant, at Tenant's expense, shall have the right to install, maintain, repair and replace from time to time condensers/chiller systems in the loading dock area or on the roof of the Additional Building in connection with Tenant's separate air conditioning systems, provided that Tenant shall also be required to build a barrier to surround any such systems in the loading dock and provided further that the footprint necessary for such systems and barrier shall not exceed 132 inches wide by 200 inches long without Landlord's written consent. Immediately upon construction of any condenser/chiller systems in the loading dock area or on the roof of the Building, the amount of usable square feet necessary therefor shall become part of the Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit Tenants Percentage and Base Rent shall be in good, operating condition. (b) Prior increased to the Additional Premises Commencement Date, Landlord shall supply reflect such additional area. Plans and install 90 degree trunk duct separating supply and return, controls and any other necessary components specifications for the 15 ton HVAC unit located in the warehouse area installation of the Additional Premises (the “15 ton unit”) such lines and systems shall be subject to cause the 15 ton unit to Landlord's prior approval, which approval shall not be in goodunreasonably withheld, operating conditiondelayed or conditioned. Landlord shall use commercially run Building chillers other than during Normal Business Hours at Tenant's request. Each month Tenant shall provide a schedule of hours outside Normal Business Hours that the chiller system shall be run to support its business operations. Landlord and Tenant shall mutually agree on the reasonable efforts to allow Tenant to review the plans hourly' charge for such installation chiller service, which charge shall not be more than $65 per hour in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit 1998 (which cap shall be increased in good, operating condition. any year after 1998 by the percentage increase in the CPI for that year from the CPI for 1998). "CPI" shall mean the Consumer Price Index for All Urban Consumers (c1982- 1984=100) Notwithstanding anything specified for "All Items" as it relates to the contrary contained in Denver, Colorado metropolitan area, as published by the LeaseUnited States Department of Labor, Tenant Bureau of Labor Statistics. In case of any dispute over such reasonable hourly charge Landlord shall not impose designate a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure qualified independent engineer whose decision as to comply with the foregoing requirement an appropriate hourly charge shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s costconclusive on both parties, provided that such charge shall not exceed the maximum amount specified above. If any other tenant in the Building requests HVAC services outside Normal Business Hours, then the hourly charge therefor shall be equitably shared by such other tenant or tenants. In no event shall Landlord be obligated permitted to repair withhold HVAC services or replace any such HVAC unit as other services due to a result of, or to disagreement over the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsappropriate charge. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease Landlord shall reasonably cooperate with Tenant with respect to HVAC requirements in Tenant's equipment room; all expenses for HVAC controls in the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which equipment room shall be included in solely Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents's (except for Building-Standard HVAC).

HVAC. (a) Notwithstanding Section 6 If the Tenant Improvements contemplated by Article III, or any part thereof, are performed by Tenant and include the heating, ventilating and air conditioning system for the Premises, Landlord shall not be responsible for the quality of this Amendmentsuch system, prior but only for the supply of cooled or warmed air from the Building's central system to the Additional distribution system in the Premises. Tenant shall maintain in good working condition and repair any supplemental heating, ventilating and air conditioning unit or system installed in the Premises Commencement Dateby or on behalf of Tenant (including maintenance mandated by any law or regulation, Landlord shallincluding without limitation applicable requirements of the Occupational Safety and Health Administration), and shall maintain, at Landlord’s Tenant's sole cost and expense, replace the 5 ton HVAC a maintenance contract on any such unit (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premisesor system. In addition, Tenant shall pay be solely responsible for compliance with all present and future laws or regulations (including without limitation requirements of the Occupational Safety and Health Administration that relate to the Premises) regarding the indoor air quality of the Premises to the extent related to such supplemental unit or system. Any such supplemental unit or system shall, unless otherwise determined by Landlord, promptly upon billingremain at the Premises at the expiration or earlier termination of the Term of this Lease, Landlord’s costs of supplying such excess capacityand, at such rates as Landlord shall reasonably establish therefortogether with the maintenance contract maintained thereon, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expensesthe property of Landlord. Tenant shall furnish to Landlord copies of all such maintenance contracts, as well as repairs and replacement for evidence of the 5 ton unit and the 15 ton unit renewal thereof at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or least thirty (30) days prior to the extent such damage expiration thereof. If, in connection with the Tenant Improvements contemplated by Article III or destruction is caused any other alterations or improvements to the Premises performed by the misconduct or negligent acts or omissions on behalf of Tenant, its employeesany heating, contractors ventilating and air conditioning equipment or agents. In units are installed upon the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) roof of the Lease with respect to the 5 ton unit and the 15 ton unitBuilding, the terms of this Section 11 Tenant shall prevail. (e) Landlord shall provide preventative maintenance be solely responsible for the 5 ton unit and the 15 ton unit, the cost of which the maintenance thereof (including maintenance mandated by any law or regulation, including without limitation applicable requirements of the Occupational Safety and Health Administration), and shall also be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, solely responsible for the cost of the repair or replace of any HVAC unit as a result of, or damage caused to the extent such damage or destruction is caused roof of the Building by the misconduct installation, maintenance, operation or negligent acts removal of such equipment or omissions of Tenant, its employees, contractors or agentsunits.

HVAC. Landlord shall furnish heating, ventilation and air conditioning (a“HVAC”) Notwithstanding Section 6 in amounts required for the use and occupancy of this Amendmentthe Premises for normal office purposes. The HVAC system for the Building shall be designed and installed in accordance with the Base Building Plans and Specifications set forth in Exhibit “D” hereto. Tenant shall not, prior to the Additional Premises Commencement Date, Landlord shall, at without Landlord’s sole cost and expenseprior written consent, replace use any equipment or lighting or occupy the 5 ton HVAC unit (Premises with personnel so that heat generated by such use or occupancy affects the “5 ton unit”) located ambient temperature otherwise maintained in the front office of Premises by the Additional Premises with a new similarly-sized and comparable unitHVAC system under normal operation. On In the Additional Premises Commencement Date event such use or occupancy affects the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Dateambient temperature, Landlord shall supply have the right to install any machinery or equipment which Landlord reasonably deems necessary to restore temperature balance, including without limitation, modifications to the standard air conditioning equipment, and install 90 degree trunk duct separating supply and return, controls the cost thereof including the cost of installation and any other necessary components for additional cost of operation and maintenance incurred thereby, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord makes no representation with respect to the 15 ton adequacy or fitness of the HVAC unit located equipment in the warehouse area Building to maintain temperatures that may be required for, or because of, any equipment of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be Tenant, and Landlord shall have no liability for loss or damage in good, operating conditionconnection therewith. Landlord shall use commercially reasonable efforts also provide HVAC services during other than Normal Working Hours (“After Hours HVAC”), subject to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition.following terms and conditions: (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d1) Landlord shall provide preventative maintenance the After Hours HVAC pursuant to any automated system installed for the 5 ton unit and the 15 ton unitBuilding in accordance with Exhibit “D” hereto, the cost of which shall be included or, if no such automated system is installed, in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event Tenant gives Landlord advance notice of any conflict between this Section 1 1 of this Amendment its need for such service no later than 5:00 p.m. on Monday through Friday (except holidays referred to above) that Tenant requires the services, and Section 9(aupon at least two (2) of hours advance notice on weekends or holidays that Tenant requires the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailservice. (e2) Landlord shall will provide preventative maintenance for the 5 ton unit and After Hours HVAC at the 15 ton unit, the cost of which “Actual Cost,” defined in Section 7.2 below. The foregoing direct charges shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit payable by Tenant as Additional Rent on the next rent payment date at least fifteen (15) days following submission of a result of, or to the extent such damage or destruction is caused reasonably detailed invoice therefor by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsLandlord.

HVAC. Landlord shall furnish heating, ventilation and air conditioning (a“HVAC”) Notwithstanding Section 6 in amounts required for the use and occupancy of this Amendmentthe Premises for normal office purposes. Tenant shall not, prior to the Additional Premises Commencement Date, Landlord shall, at without Landlord’s sole cost prior written consent, use any equipment or lighting or occupy the Premises with personnel so that heat generated by such use or occupancy materially and expense, replace adversely affects the 5 ton HVAC unit (the “5 ton unit”) located ambient temperature otherwise maintained in the front office Premises by the HVAC system under normal operation. In the event such use or occupancy affects the ambient temperature, , after notice to Tenant and after Tenant has had a reasonable opportunity to modify the conditions of such usage or occupancy to mitigate such effect on the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Dateambient temperature, Landlord shall supply have the right to install any machinery or equipment which Landlord reasonably deems necessary to restore temperature balance, including without limitation, modifications to the standard air conditioning equipment, and install 90 degree trunk duct separating supply and return, controls the Actual Cost (as defined below) thereof including the Actual Cost of installation and any other necessary components for additional cost of operation and maintenance incurred thereby, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord makes no representation with respect to the 15 ton adequacy or fitness of the HVAC unit located equipment in the warehouse area Building to maintain temperatures which may be required for, or because of, any equipment of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be Tenant, and Landlord shall have no liability for loss or damage in good, operating conditionconnection therewith. Landlord shall use commercially reasonable efforts also provide HVAC services during other than Normal Working Hours (“After Hours HVAC”), subject to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition.following terms and conditions: (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d1) Landlord shall provide preventative maintenance the After Hours HVAC in the event Tenant gives Landlord advance notice of its need for such service no later than 3:00 p.m. on Monday through Friday (except holidays referred to above) that Tenant requires the 5 ton unit services, and no later than 3:00 p.m. on the 15 ton unitlast business day preceding the weekend or holiday that Tenant requires the service. In addition and notwithstanding the foregoing, Tenant may contact the cost of which shall be included in Tenant’s Annual Operating ExpensesBuilding manager or on-site Building engineer at any reasonable time to order After Hours HVAC, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s costLandlord shall, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused reasonably practicable, provide After Hours HVAC service as requested by the misconduct or negligent acts or omissions of Tenant, its employeeseven if Tenant failed to give notice within the time periods specified above. If After Hours HVAC is designed to be available under an automated system on demand from Tenant, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect Tenant shall be entitled to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailsuch service. (e2) Landlord shall will provide preventative maintenance for the 5 ton unit and After Hours HVAC at the 15 ton unit, the cost of which “Actual Cost,” defined below. There shall be included no start-up charges and minimum usage for After-Hours HVAC service after the first hour. Landlord shall give Tenant not less than twenty (20) days prior notice of any change in Tenant’s Annual Operating Expenses, provided that in no event the Actual Cost of After Hours HVAC. The foregoing direct charges shall Landlord be obligated to maintain, repair or replace any HVAC unit payable by Tenant as Additional Rent on the next rent payment date at least fifteen (15) days following submission of a result of, or to the extent such damage or destruction is caused reasonably detailed invoice therefor by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsLandlord.

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to the Additional Premises Commencement Date, Landlord shallTenant, at Landlord’s sole its own cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office of the Additional Premises shall enter into a regularly scheduled preventive maintenance/service contract with a new similarly-sized maintenance contractor approved by Landlord for servicing all hot water, heating and comparable unit. On air conditioning systems and equipment within the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unitPremises HVAC”) to cause the 15 ton unit to be in good, operating condition). Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so Provided that Tenant may provide feedback. On enters into the Additional preventative maintenance agreement described below serving the Premises Commencement Date the 15 ton unit shall be HVAC in good, operating condition. (c) Notwithstanding anything form and substance satisfactory to the contrary contained in the LeaseLandlord, Tenant shall not impose be responsible for only the first $1,500.00 per each occurrence of repair or replacement of any portion of the Premises HVAC (except to the extent repair or replacement is necessitated by Tenant’s negligence or willful misconduct in which case Tenant shall be responsible for all costs) with the remaining cost of such repair or replacement being borne by Landlord. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and must become effective and a heat load requirement greater than 20 tons copy thereof delivered to Landlord within thirty (30) days of cooling capacity in the Additional date Tenant takes possession of the Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms The service contract must become effective within thirty (30) days of the Lease with respect to Tenantdate of T▇▇▇▇▇’s occupancy of the Additional PremisesPremises and must be performed on at least a quarterly basis. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall The following items must be included in Tenant’s Annual Operating Expensesmaintenance contract: Multi-Tenant Lease – PLx Pharma Inc. 1. Adjust belt tension; 2. Lubricate all moving parts, as well as repairs necessary; 3. Inspect and replacement adjust all temperature and safety controls; 4. Check refrigeration system for the 5 ton unit leaks and the 15 ton unit at Landlord’s costoperation; 5. Check refrigeration system for moisture; 6. Inspect compressor oil level and crank heaters; 7. Inspect air filters and replace when necessary; 8. Check space conditions; 9. Check condensate drains and drain pans and clean, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agentsif necessary; 10. In the event of any conflict between this Section 1 1 of this Amendment Inspect and Section 9(a) of the Lease with respect to the 5 ton unit adjust all valves; 11. Check and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.adjust dampers;

HVAC. (a) Notwithstanding Section 6 of this Amendment, prior to For the Additional Premises Commencement Date, Landlord shall, at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional entire Premises (the “15 ton unitLandlord’s HVAC Premises”), Landlord shall: (a) as to heating, ventilating and air conditioning systems (“HVAC”) to cause installed by the 15 ton unit to be in goodLandlord as part of Landlord’s Work or existing on the Effective Date (and any substitutions or replacements of such HVAC), operating condition. Landlord shall use commercially reasonable efforts maintain and operate such HVAC in good working order; and (b) furnish HVAC in conformance with the specifications set forth in the Connector Building Scope of Work, the Connector Building Initial Plans, the 410 and 420 Scope of Work, the Plans and Specifications, the Expansion Premises Delivery Requirements or the Expansion Premises Scope of Work, as applicable, provided Tenant complies with the next sentence. If Tenant will require HVAC outside normal business hours of business days (as reasonably designated by Landlord) in Landlord’s HVAC Premises (“Overtime HVAC”), Landlord shall be obligated to allow provide Overtime HVAC only if Tenant requests it by 4 p.m. on the immediately preceding business day. To the extent that Tenant occupies all or any of the Premises for laboratory purposes, Tenant directs Landlord to review the plans provide Overtime HVAC at all times outside normal business hours of business days (as reasonably designated by Landlord) for such installation in advance so that Tenant may provide feedbackportion of the Premises, pending further written notice from Tenant. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in this paragraph, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment in HVAC services, provided that Landlord diligently uses commercially reasonable efforts to cure any such interruption or impairment as quickly as reasonably possible. As to any additional HVAC installed by Tenant at the LeasePremises during the Term, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying responsible for operating and maintaining such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breachHVAC. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. Premises will be conditioned to office load standards by a rooftop Trane (aor equivalent) Notwithstanding Section 6 of this Amendmentzoned systems thru rated vertical chases (to lower floors only). All rooftop units to include minimum fresh air settings for anticipated office load occupancy levels. HVAC controls to be located in tenant space with single zone distribution. Additional cooling or ventilation requirements will be funded from the Tenant Improvement Allowance. HVAC distribution within the tenant space and additional control zones shall be funded from the Tenant Improvement Allowance. ELECTRICAL CAPACITY Building load is calculated on approximately 2 ▇▇▇▇▇ per square foot for the base building and approximately 2 ▇▇▇▇▇ per square foot for usable tenant space per typical office demand. Electrical service and meter shall be provided to a subpanel within the tenant space. The subpanel, prior circuit distribution (conductors and raceways), and fixtures shall be funded from the Tenant Improvement Allowance. Voice and Data Conduits will be provided within interior walls and will be funded from the Tenant Improvement Allowance. The Tenant shall contract directly with a voice/data contractor who will provide and pull cables to the Additional Premises Commencement Date, Landlord shall, at LandlordBuilding Telecommunications Room. The Tenant’s sole cost voice/data contractor will provide and expense, replace terminate devices and related equipment. The voice/data contractor and any security work shall not be funded from the 5 ton HVAC unit (the “5 ton unit”) located in the front office Tenant Improvement Allowance. FIRE Wet pipe sprinkler system based on ordinary hazard NFPA 13 design with upright heads. Adjustment of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit sprinkler heads specific to Tenant Improvements shall be in good, operating condition. (b) Prior to funded from the Additional Premises Commencement Date, Landlord shall supply Tenant Improvement Allowance. A building standard fire alarm and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit security system shall be in good, operating condition. (c) Notwithstanding anything to installed and funded from the contrary contained in Tenant Improvement Allowance. [END OF EXHIBIT C] EXHIBIT D WORK LETTER This Exhibit D sets forth the Lease, rights and obligations of Landlord and Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit construction of the improvements to the Premises as described on the Plans ("Tenant Improvements"). This Exhibit contemplates that the following work will be performed, as further described herein, all subject to the prior review and approval by Landlord: (i) preparation of a space plan by the 15 ton unitArchitect; (ii) final design and engineering and preparation of plans, specifications, and working drawings by the Architect (collectively, the terms "Plans"); (iii) preparation by the general contractor of this Section 11 shall prevail. Landlord (ethe "General Contractor") Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, of an estimate of the cost of which shall be included in Tenant’s Annual Operating Expensesthe Tenant Improvements; (iv) submission to, provided that in no event shall and approval of Plans by, appropriate governmental authorities; and (v) construction and installation of the Tenant Improvements by the Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or pursuant to the extent such damage Plans on or destruction is caused by prior to the misconduct or negligent acts or omissions of TenantCommencement Date, its employees, contractors or agentssubject to Force Majeure and any Tenant Delay.

HVAC. Heat, ventilation, and air-conditioning (a“HVAC”) Notwithstanding Section 6 to provide a temperature required, under the specifications stated in the Plans and in accordance with applicable Laws, for the comfortable occupancy of this Amendment, prior the Premises during business hours (as defined in § 8.1.1 below). Landlord shall not be responsible for inadequate air-conditioning or ventilation to the Additional Premises Commencement Dateextent the same occurs because Tenant uses any item of equipment consuming more than 500 w▇▇▇▇ at rated capacity without providing adequate air-conditioning and ventilation therefor. Notwithstanding anything to the contrary herein, Landlord shallagrees to engineer and calibrate, at Landlord’s its sole cost and expense, replace the 5 ton HVAC unit (4th Floor portion of the “5 ton unit”) located Premises to address the special conditions associated with the Building’s western exposure, and Tenant’s architect or consultants shall be involved in the front office design and engineering of Tenant’s HVAC systems. Landlord agrees that CalAir shall be an approved vendor for Tenant’s Supplemental HVAC System and one of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components approved bidders for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit work to be completed as part of Landlord’s Work under the Work Letter Agreement and as specified in good, operating condition§ 3.2(ii) above. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Leaseherein, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity maintain the Supplemental HVAC System to be installed in the Additional Premises5th Floor of the Premises as specified in § 3.2(ii) above at Tenant’s cost and expense. Failure The cost to comply with maintain the foregoing requirement Supplemental HVAC System shall not be included within Operating Expenses. Tenant’s Supplemental HVAC System shall be considered a default pursuant to separately metered and separately controlled by Tenant, and the terms cost for Tenant’s use of the Lease with respect to Tenant’s occupancy of the Additional Premises. In addition, Tenant Supplemental HVAC System shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying such excess capacity, at such rates be allocated as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach.follows: (da) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which the Data Rooms HVAC during normal business hours shall be included in Tenant’s Annual Operating Expensesthe services to be provided by Landlord hereunder, but Tenant shall be billed for after-hours use of its Data Rooms HVAC as well as repairs provided in §§ 8.6.1 and replacement for the 5 ton unit 8.6.2 below; and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a(b) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which the Southeast Wing HVAC shall not be included in Tenant’s Annual Operating Expensesthe services to be provided by Landlord hereunder, and Tenant shall be billed for all use of its Southeast Wing HVAC at all times (including normal business hours) as provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents§§ 8.6.1 and 8.6.2 below.

HVAC. (a) Notwithstanding Landlord shall select the company or companies providing such utility and other services described in this subsection. HVAC will be provided in a manner consistent with class A office buildings in Jersey City, New Jersey, during Building Standard Hours specified in Section 6 5.4 of this AmendmentLease. Base building HVAC shall be capable of meeting ASHRAE standards of normal office use. If Tenant desires HVAC service other than during Building Standard Hours (“Overtime HVAC”), prior Tenant shall make advance arrangements with Landlord and Overtime HVAC shall be provided by Landlord to Tenant, provided that Tenant shall pay for its use of the Additional Premises Commencement DateOvertime HVAC as additional rent, Landlord shallat a rate of One Hundred Twenty-Five Dollars ($125.00) per hour, subject to Building standard increases at Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating conditiondiscretion. (b) Prior to Heat shall be supplied by electric base board, controlled by the Additional Premises Commencement DateBuilding Management System (“BMS”), Landlord continuously calculating outside and inside air temperatures. Each floor of the Building shall supply have an air-conditioning unit with a capacity of 60-85 tons and install 90 degree trunk duct separating supply and returna variable air volume box distribution system, controls and any other necessary components with a total capacity of 4,500 tons for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating conditionBuilding. (c) Notwithstanding anything At Tenant’s prior written request, Landlord shall provide continuous condenser water to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premisesfor Tenant’s additional cooling. Failure If Landlord provides condenser water to comply with the foregoing requirement shall be considered a default Tenant pursuant to the terms of preceding sentence, then commencing on the Lease with respect date Landlord commences providing such condenser water to Tenant’s occupancy of the Additional Premises. In addition, Tenant shall pay to Landlordfor such condenser water, promptly upon billing, Landlord’s costs of supplying such excess capacityas additional rent, at such rates as Landlord shall reasonably establish therefora rate of Six Hundred Dollars ($600.00) per ton per year at the full capacity of condenser water, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit subject to annual Building standard increases at Landlord’s costdiscretion (the “Annual Water Charge”). If Landlord determines, provided in its reasonable discretion, that Tenant does not actually utilize all of the condenser water capacity reserved for Tenant’s use in no the Premises during the first (1st) Lease Year, then Landlord may, in Landlord’s discretion, upon prior written notice to Tenant given within ninety (90) days after the end of the first (1st) Lease Year, decrease Tenant’s capacity to the number of tons of condenser water then actually used by Tenant, in which event the Annual Water Charge shall be prorated accordingly. The Annual Water Charge may be increased annually in proportion to Landlord’s increased cost to furnish such additional condenser water to the Premises. Landlord shall notify Tenant of any increase in the Annual Water Charge which notice may be obligated to repair or replace effected by means of an invoice, it being understood that any such HVAC unit as a result of, or notification may be retroactive to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) date of the Lease with respect increase in Landlord’s cost to furnish condenser water to the 5 ton unit Premises, and Tenant shall commence paying such increase in the 15 ton unit, the terms Annual Water Charge within thirty (30) days after receipt of this Section 11 shall prevailsuch notice from Landlord. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. Notwithstanding the provisions of clause (aii) Notwithstanding of Section 6 7(a)(i) of this Amendmentthe Lease (“Landlord’s Building-Standard HVAC Obligation”), prior Landlord and Tenant acknowledge and agree: (i) That Tenant’s use of the Premises is not normal office use, but includes medical laboratory use requiring supplemental HVAC service beyond the Building standard HVAC service required to be provided by Landlord under the Lease for normal office use; (ii) That the internal air handling, distribution and control of HVAC within the Premises (including but not limited to supplemental HVAC units and equipment (the “Existing HVAC Equipment”) was designed and installed by Tenant as part of the Tenant’s Initial Alterations (as defined in the Lease) under the Lease; (iii) That all HVAC work performed as part of the New Work will be performed in accordance with Tenant’s plans and specifications therefor (any HVAC equipment installed as part of the New Work, together with the Existing HVAC Equipment, being herein referred to together as “Tenant’s HVAC Equipment”); (iv) That Tenant shall be solely responsible for the maintenance and repair of Tenant’s HVAC Equipment, and shall, as part of such maintenance and repair, ensure that all of Tenant’s HVAC Equipment (and any other systems or equipment serving the Premises having an impact on heating, cooling and air quality in the Premises or any other portions of the Building) is properly filtered and vented to the Additional Premises Commencement Dateexterior of the Building, Landlord shall, at in accordance with all applicable legal requirements and Building standards; and (v) That Landlord’s sole cost and expense, replace the 5 ton HVAC unit (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease obligation with respect to the provision of HVAC to the Premises is to supply heated and refrigerated air at the entry of the portion of the Building HVAC system serving the Premises into the connection with Tenant’s occupancy of HVAC Equipment in such amounts and at such temperatures as would be adequate to heat and cool the Additional Premises. In addition, Tenant shall pay to Landlord, promptly upon billing, Premises in accordance with Landlord’s costs Building-Standard HVAC Obligation if the Premises consisted solely of supplying such excess capacitynormal office space containing HVAC ducts, at such rates as Landlord shall reasonably establish therefor, air handlers and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at controls consistent with Landlord’s cost, provided Building-standard specifications (it being specifically understood and agreed that in no event shall Landlord be obligated responsible for the failure of Tenant’s HVAC Equipment to repair or replace any such HVAC unit as a result of, or perform in accordance with its design specifications due to the extent such damage design, installation, operation or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevailperformance thereof). (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.

HVAC. (a) Notwithstanding Section 6 of this AmendmentFurnish heat, prior ventilation and air conditioning to the Additional Premises, Monday through Friday from 8:00 AM to 6:00 PM, holidays excepted; holidays, as such term is used in this Lease, shall mean days observed as holidays by the United States government, the Commonwealth of Pennsylvania, the County of ▇▇▇▇▇▇▇ or the Township of Tredyffrin, as well as days declared as holidays in any union contract affecting the operations of the Building; heat, ventilation and air conditioning required by Tenant at other times shall be supplied without additional charge, upon demand either through controls installed in the Premises Commencement Date, Landlord shall, at or access to Landlord’s sole cost building management system, it being understood that the heating, ventilating and expenseair conditioning system serving the Premises shall be available to Tenant on a 24 hour per day, replace 7 day per week basis, without charge other than Tenant Energy Costs. The heating, ventilating, and air conditioning shall provide reasonably comfortable conditions, provided that in any given room or area of Tenant’s demised premises, the occupancy does not exceed one person for each 150 square feet, and total electric load does not exceed 5 ton HVAC unit ▇▇▇▇▇ per sq. ft. (plus supplemental power added by Tenant, if required) for all purposes, including lighting and power; Landlord shall not be responsible for the “5 ton unit”) located in the front office failure of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior air conditioning system to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with meet the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s design performance specifications if such failure results from excess occupancy of the Additional PremisesPremises or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds 5 ▇▇▇▇▇ per sq. In additionft.; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess capacityexcess, (without markup) as reasonably determined by Landlord; if due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the heating, ventilating or air conditioning in the Premises results, necessitating changes in the system servicing the Premises, such changes may be made by Landlord upon request by Tenant at such rates as Tenant’s sole cost and expense, subject to the provisions of section (b) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the said heating, ventilating and air conditioning system; the foregoing heating, ventilating and air conditioning services shall be subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in good faith may elect to abide by or shall be required to abide by. On the Commencement Date, Landlord shall reasonably establish therefordeliver all heat pumps and HVAC units (the “HVAC Equipment”) servicing the Premises in good working order and condition. Notwithstanding the foregoing or anything to the contrary contained herein, Tenant shall be solely responsible at its sole cost and such other out-of-pocket costs incurred expense, for the maintenance and repair of the HVAC Equipment and any supplemental heat, ventilation and air conditioning unit in the Premises whether installed by Tenant or in the Premises on the Commencement Date. The cost of replacement of any HVAC Equipment shall be paid by Landlord without pass through to Tenant as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual an Operating Expenses, as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.Expense;

HVAC. (a) Notwithstanding Section 6 If the Tenant Improvements contemplated by Article III, or any part thereof, are performed by Tenant and include the heating, ventilating and air conditioning system for the Premises, Landlord shall not be responsible for the quality of this Amendmentsuch system, prior but only for the supply of cooled or warmed air from the Building's central system to the Additional distribution system in the Premises. Tenant shall maintain in good working condition and repair any supplemental heating, ventilating and air conditioning unit or system installed in the Premises Commencement Dateby or on behalf of Tenant (including maintenance mandated by any law or regulation, Landlord shallincluding without limitation applicable requirements of the Occupational Safety and Health Administration), and shall maintain, at Landlord’s Tenant's sole cost and expense, replace the 5 ton HVAC a maintenance contract on any such unit (the “5 ton unit”) located in the front office of the Additional Premises with a new similarly-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Lease, Tenant shall not impose a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to Tenant’s occupancy of the Additional Premisesor system. In addition, Tenant shall pay be solely responsible for compliance with all present and future laws or regulations (including without limitation requirements of the Occupational Safety and Health Administration that relate to the Premises) regarding the indoor air quality of the Premises to the extent related to such supplemental unit or system. Any such supplemental unit or system shall, unless otherwise determined by Landlord, promptly upon billingremain at the Premises at the expiration or earlier termination of the Term of this Lease, Landlord’s costs of supplying such excess capacityand, at such rates as Landlord shall reasonably establish therefortogether with the maintenance contract maintained thereon, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expensesthe property of Landlord. Tenant shall furnish to Landlord copies of all such maintenance contracts, as well as repairs and replacement for evidence of the 5 ton unit and the 15 ton unit renewal thereof at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or least thirty (30) days prior to the extent such damage expiration thereof. If, in connection with the Tenant Improvements contemplated by Article III or destruction is caused any other alterations or improvements to the Premises performed by the misconduct or negligent acts or omissions on behalf of Tenant, its employeesany heating, contractors ventilating and air conditioning equipment or agents. In units are installed upon the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) roof of the Lease with respect to the 5 ton unit and the 15 ton unitBuilding, the terms of this Section 11 Tenant shall prevail. (e) Landlord shall provide preventative maintenance be solely responsible for the 5 ton unit and the 15 ton unit, the cost of which the maintenance thereof (including maintenance mandated by any law or regulation, including without limitation applicable requirements of the Occupational Safety and Health Administration), at Landlord's option the removal thereof upon the expiration or earlier termination of this Lease, and shall also be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, solely responsible for the cost of the repair or replace of any HVAC unit as a result of, or damage caused to the extent such damage or destruction is caused roof of the Building by the misconduct installation, maintenance, operation or negligent acts removal of such equipment or omissions of Tenant, its employees, contractors or agentsunits.

HVAC. Tenant shall at its cost keep the HVAC system serving only the Leased Premises in good repair, making repairs and replacements as needed throughout the entire Lease Term, including the portions of the HVAC system that are outside of the Leased Premises. Tenant shall at its expense enter into a regularly scheduled (ano less than quarterly as relates to HVAC) Notwithstanding Section 6 preventive maintenance/service contract with a maintenance contractor for the servicing of this Amendmentall hot water, heating and air conditioning systems and equipment within the Leased Premises no less than quarterly. Tenant shall use a maintenance contractor preferred by Landlord or, if Landlord does not have a preferred maintenance contractor, Tenant may use a maintenance contractor (pursuant to a maintenance contract) approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) prior to the Additional Premises Commencement Tenant’s Opening Date. Tenant shall provide Landlord a copy of such contract and from time to time upon request furnish proof reasonably satisfactory to Landlord that all such systems and equipment are being serviced in accordance with the maintenance/service contract. Additionally, Tenant will, within 15 (fifteen) calendar days after Notice by Landlord shallor its agent, furnish to Landlord true and correct copies of Tenant’s annual fire/life safety equipment inspections if applicable and quarterly HVAC equipment inspections at Landlord’s sole cost and expense, replace the 5 ton HVAC unit Leased Premises. Within the 30 (the “5 ton unit”thirty) located in the front office of the Additional Premises with a new similarlycalendar day period preceding move-sized and comparable unit. On the Additional Premises Commencement Date the 5 ton unit shall be in good, operating condition. (b) Prior to the Additional Premises Commencement Date, Landlord shall supply and install 90 degree trunk duct separating supply and return, controls and any other necessary components for the 15 ton HVAC unit located in the warehouse area of the Additional Premises (the “15 ton unit”) to cause the 15 ton unit to be in good, operating condition. Landlord shall use commercially reasonable efforts to allow Tenant to review the plans for such installation in advance so that Tenant may provide feedback. On the Additional Premises Commencement Date the 15 ton unit shall be in good, operating condition. (c) Notwithstanding anything to the contrary contained in the Leaseout by Tenant, Tenant shall not impose have the HVAC systems and equipment checked and serviced to ensure proper functioning and shall furnish Landlord satisfactory proof thereof upon request. Repairs must be completed by trained, qualified and insured repair persons and/or companies. Landlord may at its option enter into a heat load requirement greater than 20 tons of cooling capacity in the Additional Premises. Failure to comply with the foregoing requirement shall be considered a default pursuant to the terms of the Lease with respect to service contract covering Tenant’s occupancy HVAC system and equipment, along with equipment of the Additional Premisesother tenants, and periodic replacement of filters or other replaceable parts. In additionIf Landlord enters such a service contract, Tenant shall will pay to Landlord, promptly upon billing, Landlord’s costs its share of supplying such excess capacity, at such rates as Landlord shall reasonably establish therefor, and such other out-of-pocket costs incurred by Landlord as a result of such breach. (d) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, such service monthly as well as repairs and replacement for the 5 ton unit and the 15 ton unit at Landlord’s cost, provided that in no event shall Landlord be obligated to repair or replace any such HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents. In the event of any conflict between this Section 1 1 of this Amendment and Section 9(a) of the Lease with respect to the 5 ton unit and the 15 ton unit, the terms of this Section 11 shall prevail. (e) Landlord shall provide preventative maintenance for the 5 ton unit and the 15 ton unit, the cost of which shall be included in Tenant’s Annual Operating Expenses, provided that in no event shall Landlord be obligated to maintain, repair or replace any HVAC unit as a result of, or to the extent such damage or destruction is caused by the misconduct or negligent acts or omissions of Tenant, its employees, contractors or agents.Additional Rent.‌