Common use of Improvements Clause in Contracts

Improvements. Notwithstanding anything to the contrary in this Agreement, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any way.

Improvements. Notwithstanding anything All improvements in and to the contrary in this AgreementPremises as of the Commencement Date (other than Tenant’s Property or except as may be otherwise expressly set forth herein), if PARI develops an incremental Improvementincluding any Alterations (collectively, then PARI “Leasehold Improvements”) shall incorporate such Improvement into remain upon the DevicePremises at the end of the Term without compensation to Tenant. Landlord, without further considerationhowever, if by written notice to Tenant at least ninety (i90) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference days prior to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and Termination Date (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed“Removal Demand”), then PARI shallmay require Tenant, at its expense, to remove any of the following, provided however, in no event shall Tenant have any obligation to remove any Leasehold Improvements which were a part of the Delivery Condition of the Premises: (a) any cable and any wiring or cabling in conduit to the extent it has installed by or for the right to do sobenefit of Tenant (collectively, offer Transave an opportunity to review such Improvement “Removable Cabling”), (b) any slab cuts other than a reasonable quantity of holes (each not exceeding 4 inches in diameter or exceeding ten (10) feet in length) for a period conduits, pipes and ducts, (c) any vaults installed by or for the benefit of sixty Tenant, (60d) days from receipt all improvements, signage, and equipment of any nature whatsoever made by or on behalf of Tenant; (e) any back-up power system installed by or for the benefit of Tenant, and any other similar equipment that, in Landlord’s reasonable judgment, is of a description nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements; (f) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements or are not customarily found in first class office buildouts. (collectively, “Required Removables”), and to repair and restore in a good and workmanlike manner to a condition which is customary and reasonable for such Improvement removal any damage to the Premises or Building caused by such removal (but without requirement to replace carpeting, wall coverings or other finishes, and further assuming that the existing Leasehold Improvements will be demolished, unless Landlord has then executed a plan new Lease for development the relevant portion of such Improvement the Premises and possible incorporation into has a reasonable basis to believe that the Device in order for Transave new tenant does not intend to determine whether it wishes to have such Improvement incorporated into demolish the Device and thereby be incorporated into applicable areas) (the license granted pursuant to Section 4.1“Restoration Standard”). If Transave Landlord determines (by giving written notice that a future tenant will use any item that qualifies as a Required Removable or if Landlord intends to PARI) within demolish such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Devicespace, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement then Tenant shall not be restricted obligated, but nevertheless may elect, to remove (or limited in pay for) the same. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems, and structural alterations and modifications. It is agreed that Required Removables shall not include any wayusual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building Standard doors and non-glued down carpeting or any Landlord Work. Notwithstanding the foregoing, Tenant shall not be required to restore any improvements upon the expiration or termination of the Lease except the items identified on Exhibit K attached hereto.

Improvements. Landlord and Tenant have approved that certain space plan for the Premises prepared by Hooks ASD, dated as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding anything to the contrary in this Agreementforegoing, if PARI develops an incremental Improvement, then PARI Landlord and Tenant acknowledge and agree that the Improvements shall incorporate such Improvement into the Deviceinclude, without further considerationlimitation, if (i) it is not contractually prohibited from doing so one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the agreement under which “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such Improvement was developedselection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6Building standard carpet selected by Landlord, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement wall or floor feeds, as applicable, to Tenant’s benches (e.g., a major Improvement or a new 510(kas opposed to distribution through Tenant’s benches) is or will be filed), then PARI shall, to the extent it has necessary based on the right Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to do sothe Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, offer Transave an opportunity to review below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such Improvement for a period change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of sixty (60) days from receipt this Work Letter of a description the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Devicethis Lease, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave all Improvements shall be deemed to have rejected Landlord’s property under the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in terms of this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayLease.

Improvements. Notwithstanding anything (a) No later than September 1st of each calendar year during the Lease Term, Lessee shall notify Lessor in writing of any Improvements that Lessee proposes to make pursuant to the contrary O&M Agreement in this Agreement, if PARI develops an incremental Improvement, then PARI the succeeding calendar year. Each such notice shall incorporate such Improvement into the Device, without further consideration, if include: (i) it is not contractually prohibited from doing so by a description of the agreement under which Improvements and the design and material equipment to be used in connection with such Improvement was developed, Improvements; (ii) PARI generally incorporates such Improvement into an eFlow a proposed timeline for use in CFdesigning, Bronchiectasis or such Secondary Indication (but in this instance onlyengineering, without reference to procuring, permitting and constructing each of the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, Improvements; and (iii) it the expected total and monthly capital costs for Lessee to design, engineer, procure, permit and construct each of the respective Improvements. Lessee shall endeavor to provide to Lessor such additional information with respect to the Improvements as Lessor may reasonably request. (b) Lessee shall be obligated to cause to be obtained any Authorizations required to design, engineer, procure, permit, construct and operate any Improvement, including any PSCW Authorizations that would be applicable if the Improvement was proposed to be constructed and/or owned by a public utility in Wisconsin. The Parties agree that they will not, either separately or jointly, attempt to avoid PSCW regulation and oversight of Improvements, including by dividing an Improvement into a series of renewals, replacements, improvements, enhancements, modifications, alterations or additions any one or a number of which would not be of sufficient cost to mandate PSCW oversight. (c) Lessor shall finance all capital costs with respect to any Improvement so long as the Lessee’s senior unsecured indebtedness is consistent rated at least Investment Grade. Lessee shall advise Lessor as to: (i) the final design and material equipment to be used in connection with the Specifications Improvements; (ii) the final timeline for designing, engineering, procuring, permitting and constructing each of the Improvements; and (iii) the total capital costs and the applicable regulatory requirements. monthly capital costs required to design, engineer, procure, permit and construct each of the Improvements. (d) If an Improvement Lessor does not agree to fund the cost of any Improvements, or otherwise is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right unable to do so, offer Transave an opportunity Lessee may make, or cause to review be made, any such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayImprovements.

Improvements. Landlord has established or may establish specifications for certain Building standard components to be used in the construction of the “Improvements” (as that term is defined below) in the Premises. The quality of the Improvements shall be materially consistent with the quality of such Building standards, provided that Landlord may, at Landlord’s option, require the Improvements to comply with certain Building standards. Landlord may make changes to said specifications for Building standards from time to time. Using Building standard materials, components and finishes, Landlord shall cause the installation and/or construction of the improvements in the Premises (the “Improvements”) pursuant to that certain space plan attached to this Work Letter as Schedule 1 (the “Space Plan”). Tenant shall make no changes, additions or modifications to the Improvements or the Space Plan or require the installation of any “Non-Conforming Improvements” (as that term is defined in Article 2 of this Work Letter), without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the substantial completion of the Improvements or impose any additional costs. Notwithstanding anything the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Lease. Notwithstanding any provision to the contrary contained in this AgreementWork Letter, if PARI develops in the event that the cost to construct the Improvements (which costs shall include a coordination fee in an incremental Improvement, then PARI shall incorporate such Improvement into amount equal to the Device, without further consideration, if product of (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developedseven percent (7%), and (ii) PARI generally incorporates such Improvement into an eFlow the total costs of the design and construction of the Improvements (and, if applicable, the Non-Conforming Improvements) in consideration for use in CFLandlord’s supervision of the same) will exceed a total amount equal to One Hundred Fifty-Eight Thousand Seven Hundred Four and 00/100 Dollars ($158,704.00) (i.e., Bronchiectasis or such Secondary Indication Twenty-Eight and 00/100 Dollars (but in this instance only, without reference to $28.00) per each of the Drug Product contained usable square feet of the Premises) in the definition of Secondary Indication in Section 1.50aggregate (the “Improvement Allowance Amount”) that has been included in (subject to increase by the Transave Field Converted Amount, if applicable, pursuant to Section 2.63.2 of this Lease), then all such excess costs shall be paid to Landlord by Tenant in advance within five (5) days following Tenant’s receipt of a request therefor. All such funds provided by Tenant shall be disbursed by Landlord and exhausted prior to disbursement of the Improvement Allowance Amount. Notwithstanding any provision to the contrary contained in this Lease or this Work Letter, in no event shall the Landlord be obligated to pay for (A) any moving costs or expenses related to Tenant’s move-in/occupancy of the Premises, and (iiiB) it is consistent any costs or expenses associated with the Specifications and purchase, installation or maintenance of any furniture (including, but not limited to, the applicable regulatory requirements. If an Improvement is not an incremental Improvement cost of any reception desks, credenzas or chairs (e.g., a major Improvement whether identified on the Space Plan or a new 510(k) is or will be filednot)), then PARI shallfixtures, equipment, art, cabling, audio/visual equipment, telecommunications systems, access controls, security systems and equipment and office signage related to Tenant’s occupancy of the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period Premises. In no event shall any portion of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include Allowance Amount be available for disbursement by Landlord in connection with the Improvement in construction of the DeviceImprovements after December 31, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any way2019.

Improvements. Notwithstanding anything 7.1 Spectrum hereby acknowledges that Zentaris is the owner of all Inventions and/or Improvements developed by Zentaris and Spectrum shall acquire no rights, title or interest whatsoever in or to any such Inventions and/or Improvements, except as specifically provided herein. 7.2 In the contrary in event that, during the continuance of this Agreement, if PARI Zentaris develops any Improvements with respect to the use of Contract Products and/or D-63153 in the Field, Zentaris shall furnish Spectrum with timely written notice of such Improvements, and shall furnish Spectrum with a data package which, in Zentaris' reasonable opinion, contains all information, know-how and other data as Spectrum will require in order to implement such Improvements. Zentaris shall, and hereby does, grant Spectrum an incremental Improvementexclusive, then PARI perpetual, royalty-free license to use all Improvements and all information, know-how and other data pertaining to all Improvements furnished by Zentaris to Spectrum hereunder for the purpose of developing, selling, offering for sale and importing Contract Products and/or D-63153 in the Field and in the Territory, and subject to the limitations as provided for in Section 2 above. 7.3 Zentaris hereby acknowledges that Spectrum is the owner of all Inventions and/or Improvements developed by Spectrum and Zentaris shall incorporate acquire no rights, title or interest whatsoever in or to any such Improvement into Inventions and/or Improvements, except as specifically provided herein. 7.4 In the Deviceevent that, without further considerationduring the continuance of this Agreement, if (i) Spectrum develops any Improvements with respect to the use of Contract Products and/or D-63153 in the Field, Spectrum shall furnish Zentaris with timely written notice of such Improvements, and shall furnish Zentaris with a data package which, in Spectrum's reasonable opinion, contains all information, know-how and other data as Zentaris will require in order to implement such Improvements in Zentaris' Regulatory Approvals and for manufacture, production, distribution, marketing, sale and/or use of any products whatsoever. Spectrum shall, and hereby does, grant Zentaris an exclusive, worldwide, perpetual, royalty-free license to use all Improvements and all information, know-how and other data pertaining to all Improvements furnished by Spectrum to Zentaris hereunder, outside the Territory and within the Territory outside the Field for any purpose whatsoever. 7.5 Each Party shall be entitled to disclose all Improvements disclosed to it is not contractually prohibited from doing so by the agreement under which such Improvement was developedother Party during the period of this Agreement to, (ii) PARI generally incorporates such Improvement into an eFlow for in Zentaris' case, its licensees and, in Spectrum's case, its sublicensees. During the term of this Agreement, the use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications Zentaris' Improvements by any sublicensees of Spectrum and the applicable regulatory requirementsuse of Spectrum's Improvements by any licensee of Zentaris is free of charge. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review All information regarding such Improvement for a period of sixty (60) days from receipt of a description of such Improvement Improvements and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave Inventions shall be deemed to have rejected the Improvement Confidential Information and PARI each Party, and each of its licensees, shall have no obligation to include the Improvement in the Device. Notwithstanding anything keep such information confidential pursuant to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayterms of Section 12.

Improvements. Notwithstanding anything (a) Tenant shall construct all Improvements in accordance with Laws applicable to the contrary Premises and substantially in this Agreementaccordance with Tenant’s Preliminary Plans. Attached hereto as Exhibit “C” are conceptual plans and preliminary exterior plans showing the general design of the building(s) to be erected, if PARI develops an incremental Improvementthe exterior footprint of the Improvements to be constructed on the Premises and the general layout of the Premises in terms of access roads, then PARI shall incorporate such Improvement into parking and landscaping (“Tenant’s Preliminary Plans”). The parties acknowledge and agree that Landlord intends to develop the DeviceSite as a first-class office, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6science and technology campus, and (iii) it is consistent with that the Specifications aesthetics of the Improvements and overall design of the applicable regulatory requirementsPremises have a material effect on Landlord’s goals and plans. If an Improvement is not an incremental Improvement (e.g.Notwithstanding the foregoing, a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI Tenant shall have no obligation to include construct the Improvement Improvements in accordance with Tenant’s Preliminary Plans and may alter, increase or reduce the scope of any planned Improvements, whether or not depicted on the Tenant’s Preliminary Plans; provided, however, that the Improvements shall at all times be consistent with a first-class office, science and technology campus. (b) Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right to terminate this Lease, at Landlord’s sole discretion, in the Deviceevent that either (a) Tenant fails to commence construction of the Improvements within six (6) months of the completion of the Phase 1 Landlord’s Work, or (b) following such commencement of construction, such construction is not completed (to be evidenced by a permanent certificate of occupancy having been issued for the Improvements) on or before the date that is twenty-four (24) months from the date of commencement of construction; provided, however, that each of the foregoing time periods shall be automatically extended due to delays caused by force majeure. Notwithstanding anything The parties agree to confirm in writing the contrary date of completion of the Phase I Landlord Work and the commencement of construction of the Improvements. Landlord may exercise the foregoing termination right, if at all, by giving written notice of such termination to Tenant within ten (10) days following the expiration of the applicable time period and thereupon this Lease shall terminate on the date thereof, as though such date were the date set forth in this AgreementLease for the expiration of the Term. Failure of Landlord to provide such written termination notice within said ten (10) day time period shall cause such termination right to be null and void. (c) Where possible, if PARI develops an Improvement Landlord shall permit Tenant to deposit any excess waste, soil or other materials generated from any excavations, grading and desires utility installations in connection with the construction of the Improvements in a location within the Site designated by Landlord, and in a manner as directed by Landlord so as to obtain patent protection for such Improvement, PARI shall be free to obtain such protection stabilize the same and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayconsistent with Landlord’s intended development of the Site.

Improvements. Notwithstanding anything Tenant shall be entitled to construct Improvements in the Premises, the construction of which shall be pursuant to the contrary terms and conditions of the Tenant Work Letter attached hereto as Exhibit “A.” In the event Tenant desires to utilize all or any portion of the Additional Allowance, Tenant shall, within thirty (30) days prior to the performance of any work involving such Additional Allowance (i.e., the Improvements in this Agreementsubstantial conformity with the Preliminary Space Plan and the other Construction Drawings with respect thereto), if PARI develops an incremental Improvementprovide Landlord with written notice of the amount of the Additional Allowance that Tenant elects to utilize and Tenant shall deliver to Landlord the Letter of Credit described in Section 5 below. In the event Tenant elects to not utilize the Additional Allowance described in Exhibit “A”, then PARI shall incorporate Tenant shall, within thirty (30) days prior to performing any such Improvement into Improvements in the DevicePremises (i.e., without further considerationthe Improvements in substantial conformity with the Preliminary Space Plan and the other Construction Drawings with respect thereto), if either (i1) it is not contractually prohibited from doing so obtain a lien and completion bond in an amount determined by Landlord to be sufficient to ensure the agreement under which complete and lien free completion of the Improvements in substantial conformity with the Preliminary Space Plan (and such Improvement was developed, other Construction Drawings) (iiand in a form approved by Landlord) PARI generally incorporates or (2) deposit an amount equal to the total costs of the design and construction of the Improvements in substantial conformity with the Preliminary Space Plan (and such Improvement into other Construction Drawings) in a sole order escrow with an eFlow escrow company selected by Landlord for use the sole benefit of Landlord pursuant to escrow instructions directing the escrow holder to make progress payments during the construction process (acceptable to Landlord in CF, Bronchiectasis or such Secondary Indication Landlord’s sole and absolute (but in this instance onlygood faith) discretion) which will provide, without reference to among other things, that Landlord will have the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the unilateral right to do so, offer Transave an opportunity to review such Improvement direct the disposition of the funds for a period of sixty (60) days from receipt of a description the costs of such Improvement Improvements and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI Tenant shall have no obligation right to contest the same. Regardless of which of the two (2) options above are selected by Tenant, the lien and completion bond or the escrow account will not include the Tenant Improvement Allowance, but will be based on all amounts over such Tenant Improvement Allowance to be paid by Tenant directly. Upon completion of such Improvements and reasonable proof of payment by Tenant, any funds remaining in such escrow account, together with all accrued interest thereon, will be returned to Tenant and Landlord agrees to execute commercially reasonable documents required by the Device. Notwithstanding anything escrow holder to effectuate the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayforegoing.

Improvements. Notwithstanding anything Except as set forth in Section 9.2 above, Tenant shall not make any additions, alterations or improvements to the contrary in this AgreementPremises without obtaining the prior written consent of Landlord, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement approval shall not be restricted unreasonably withheld. In the event Tenant should employ a contractor other than Landlord’s, it is expressly understood and agreed that ▇▇▇▇▇▇ shall first obtain the Landlord’s written approval of the Tenant’s contractor and the terms of the contract, which approval shall not be unreasonably withheld. As a condition to giving consent to Tenant improvements, Landlord may, at the time of such installations, require that Tenant agree to remove any such alterations, additions, improvements or utility installations at the expiration of the Lease Term and to restore the Premises to their prior condition, normal wear and tear excluded. Landlord acknowledges and agrees that Tenant will be providing special security for the Premises while operating as a commercial bank, and as part of Tenant’s Work, will be installing at Tenant’s expense, dusk to ▇▇▇▇ lighting and automated teller machine access in the Common Areas (including but not limited to compliance with the requirements of the Americans with Disabilities Act (“ADA”)), and night depository facilities, with security lighting and cameras extending from the Premises, and safety deposit boxes (collectively, the “Bank Improvements”). Landlord shall reasonably cooperate with Tenant concerning the requirements of Division 4 of the California Financial Code (Section 1300, et seq.), including but not limited to the lighting requirements thereunder, which shall be at Tenant’s sole cost and expense. In the event the requirements of the ADA are amended following the initial installation by Tenant of the ATM access to the ATM, Landlord shall not withhold Landlord’s approval of any modifications and/or alterations of the ATM and/or access to the ATM in any waythe common areas made by Tenant to comply with such amendments to the ADA. All Improvements to the Premises shall comply with all applicable laws, including but not limited to applicable building codes and regulations.

Improvements. Notwithstanding anything It is understood and agreed by Tenant that any anti all leasehold improvements made to the contrary Premises by Tenant prior to or during the Term, or any extensions thereof, shall be made by a contractor reasonably approved by Landlord. Landlord hereby approves ▇▇▇▇▇▇ Construction as Tenant’s contractor for construction of Tenant’s Work as set forth in Exhibit B hereof. In the event Tenant should employ a contractor other than ▇▇▇▇▇▇ Construction or Landlord’s contractor, it is expressly understood and agreed that Tenant shall first obtain the Landlord’s written approval of the Tenant’s contractor and the terns of the contract. Landlord may require Tenant or Tenant’s contractor to provide Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work, only if such bond is required by Landlord’s lender. Provided this AgreementLease has not been subject to a Transfer (as defined in Article XV) Landlord’s prior written consent will not be necessary for any minor interior non-structural alteration, if PARI develops an incremental Improvementaddition, then PARI shall incorporate such Improvement into the Device, without further consideration, if or improvement that (i) it is does not contractually prohibited from doing so by involve the agreement under which such Improvement was developedstorefront, exterior doors, or windows; (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to not visible from outside of the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and Premises; (iii) it is consistent not located outside of the premises; (iv) does not adversely affect the operation of the HVAC, plumbing, fire sprinkler, electric, water, or sewer systems of the Premises, building, or Shopping Center; or (v) does not include any of Tenant’s initial alterations, additions, fixtures, and/or improvements which shall require Landlord’s prior approval as provided in this Lease. Such minor interior non-structural alteration, addition, or improvement shall further be subject to tile following (a) shall cost less than Ten Thousand and No/100 Dollars ($10,000.00), including labor and materials; (b) shall not change the general character of the Premises or reduce the fair market value of the Premises below its fair market value prior to the alteration, addition, or improvement; (c) shall be made with due diligence, in a good and workmanlike manner, and in compliance with all applicable laws and ordinances; (d) shall be promptly and fully paid for by Tenant; and (e) shall if reasonably necessary as determined by Landlord be made under the supervision of an architect or engineer reasonably satisfactory to Landlord and in accordance with plans and specifications and cost estimates approved by Landlord. Landlord may designate a supervising architect to assure compliance with the Specifications provisions of this paragraph, anti if it does, Tenant will pay the supervising architect’s charges. Promptly after the completion of any alteration, addition, or improvement, Tenant will give Landlord a copy o f “as built” drawings of the alteration, addition, or improvement. All alterations, additions, fixtures, and improvements, whether temporary or permanent in character, trade in or upon the applicable regulatory requirementsPremises by Tenant, will immediately become Landlord’s property and, at the end of the Term of this Lease, will remain out the Premises without compensation to Tenant. If an Improvement is Prior to commencing any such interior non­structural alteration, addition, or improvement, Tenant shall provide not an incremental Improvement less than ten (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (6010) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving prior written notice to PARI) within Landlord describing the contemplated work; and the estimated costs; name, address, telephone number, contractor license, and insurance information of any persons or firms performing such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any waywork.

Improvements. Notwithstanding anything Landlord, at Landlord’s own expense and using materials consistent with the minimum standards of the Building (or as otherwise determined by Landlord), will make certain improvements to the contrary Leased Premises consisting of (a) painting the Leased Premises, (b) installing new carpet in the Leased Premises (c) repairing the kitchenette and training room area in the Leased Premises, (d) removal of unused “high voltage” wiring in the ceiling of the Leased Premises, (e) constructing a (10x12) server/tel/data room with 2.5 tons of supplemental cooling, and perforating other improvements as are more fully set forth in the plans and drawings attached hereto and made a part hereof as Exhibit “B” (the “Improvements”). Subject to the “Force Majeure” provisions in Section 31(g) hereof and the “Tenant Delay” provisions in Section 32 hereof, Landlord will use commercially reasonable efforts to Substantially Complete (as defined herein) the Improvements in a good and workmanlike manner, and in accordance with all applicable building codes, prior to September 1, 2007 (the “Original Completion Deadline”), Landlord will apply for any necessary building permit for the Improvements as soon as is reasonably possible after full execution of this AgreementLease, if PARI develops an incremental Improvement, then PARI and shall incorporate make all reasonable efforts to obtain such Improvement into permit hi a timely manner. “Substantial completion” or “substantially completed” or words of similar import means that the Device, without further consideration, if (i) work in question has been sufficiently completed such that it is not contractually prohibited from doing so by suitable for its intended purpose. The issuance of an occupancy permit shall be conclusive evidence of the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference Substantial Completion of the Improvements required hereunder. Tenant will have the right to inspect the Leased Premises and to prepare and submit to Landlord prior to the Drug Product contained in the definition Commencement Date of Secondary Indication in Section 1.50) that has been this Lease a punch list of any incomplete work included in the Transave Field pursuant to Section 2.6, and (iii) it Improvements. Landlord .shall complete such work as is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from detailed on said punch list as soon as reasonably practicable after receipt of a description same. Tenant’s occupancy of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave Leased Premises shall be deemed a conclusive presumption that, except as to items listed on a punch list, all Improvements have rejected been made in accordance with the Improvement and PARI shall have no obligation to include terms of this Lease. If for any reason Landlord does not complete the Improvement in Improvements on or before the Device. Notwithstanding anything to Original Completion Deadline, the contrary in validity of this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement Lease shall not be restricted or limited in impaired nor shall Landlord be subject to any wayliability for such failure.

Improvements. Notwithstanding anything to the contrary in this Agreement, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of Within sixty (60) days from after the execution of this Fourth Amendment, Tenant shall submit to Landlord for approval a detailed space plan ("Space Plan") for the improvements to the New Premises which shall include without limitation, the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements. The Space Plan and the Construction Drawings (as defined below) shall be prepared by ▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “Architect”). Landlord agrees to cooperate with Tenant and its design representatives in connection with the preparation of the Space Plan. Within ten (10) business days after receipt by Landlord of a description the Space Plan, Landlord (i) shall give its written approval with respect thereto, or (ii) shall notify Tenant in writing of its disapproval and state with specificity the grounds for such Improvement disapproval and a plan for development of such Improvement and possible incorporation into the Device revisions or modifications necessary in order for Transave Landlord to determine whether it wishes give its approval. Within ten (10) business days following Tenant's receipt of Landlord's disapproval, Tenant shall submit to have Landlord for approval the requested revisions or modifications. Within five (5) business days following receipt by Landlord of such Improvement incorporated into revisions or modifications, Landlord shall give its written approval with respect thereto or shall request other revisions or modifications therein (but relating only to the Device and thereby be incorporated into the license granted pursuant extent Tenant has failed to Section 4.1comply with Landlord's earlier requests). If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement The preceding sentence shall be automatically included in PARI Intellectual Propertyimplemented repeatedly until Landlord gives its approval to Tenant's Space Plan. If Transave does not give written notice The improvements to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any way.be

Improvements. Notwithstanding anything to a. Tenant hereby accepts the contrary Premises in its "as is" condition existing on the date of execution of this Agreement, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirementsLease. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI Landlord shall have no obligation to include construct any tenant improvements to the Improvement Premises on behalf of the Tenant. b. Tenant shall, at Tenant's sole cost and expense, construct improvements ("Improvements") for the Premises in accordance with the Work Letter Agreement attached hereto as Schedule 1. ---------- c. As part of the Improvements, and in accordance with the provisions of Section 25 of the Lease and Schedule 1 attached hereto (including, ---------- without limitation, Tenant shall be required to bear all costs and expenses associated with the work, Tenant shall obtain Landlord's prior written approval of all work, Tenant shall obtain all necessary approvals in connection thereto, Tenant shall indemnify Landlord in connection therewith), Tenant shall be permitted to install and provide multiple structural openings into the Building for (a) fiber optic cabling from two (2) diverse entrances into the Building, (b) connecting the generator to the Premises, (c) providing a clear ground source directly to the Building grounding system at the entrance, (d) to install a roof-top HVAC system, (e) to modify the existing sprinkler system in the Device. Notwithstanding anything Premises to construct a dry-pipe, pre-action sprinkler system; this will consist of modifying the existing wet-pipe sprinkler system and installing a dry-pipe deluge valve to modify the wet system and to allow only air pressure in Tenant's system, this precaution system to meet all applicable codes and to not affect the Building system in any way, and (f) block one or more windows and roll-up doors. d. Emergency Generator, Generator Conduits, HVAC - Tenant shall --------------------------------------------- have the right to install and use generators and related above-ground fuel tanks, generator conduits and HVAC ("Equipment") in the approximate location shown on Exhibit C hereto, subject to the contrary in terms and conditions of this AgreementLease and --------- the following specific conditions: (i) Tenant shall bear all costs and expenses associated with the installation of such Equipment and Tenant shall be responsible for, and shall bear all costs and expenses associated with the operation, maintenance and removal, if PARI develops an Improvement required under subsection (vii) below, of said Equipment upon the expiration of other termination of this Lease. Tenant understands and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided acknowledges that Transave's rights under this Agreement Landlord shall not be restricted responsible for the operation of any such back-up power facility. (ii) Subject to Tenant's rights to make Alterations as more particularly set forth in Section 25 herein, the plans and specifications for the Equipment shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall install the Equipment in a good and safe manner in accordance with the terms and conditions of this Lease, including, without limitation, all of the provisions contained in Section 51 of this Lease. Tenant shall provide reasonable notice to Landlord of the time and date upon which it desires to install such facilities. Landlord shall have the right to have a representative present at the installation of the Equipment in order to approve the methods of installation and performance thereof. (iii) Tenant shall have the responsibility to secure all necessary approvals relating to the installation and operation of such Equipment from state, federal and other governmental authorities and shall provide copies of all such approvals to Landlord prior to installation and operation of such Equipment. Further, Tenant shall construct, operate and maintain such Equipment in accordance with all applicable laws, including all environmental laws, ordinances, rules and regulations and in compliance with the reasonable requirements of the insurers of the Building. Tenant hereby agrees to indemnify Landlord from and against any breach by Tenant of the obligations stated in the preceding sentence, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Building, damages for the loss or restriction or use of rentable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, sums paid in settlement of claims, reasonable attorneys' fees, consultant fees and expert fees) which arise during or after the Term of this Lease as a result of such breach. (iv) Tenant shall indemnify, defend and hold Landlord, its principals, officers, directors, agents, employees and servants harmless from and against any liability, loss, costs, claims, damage and expense of whatever kind arising directly or indirectly from the installation, operation, maintenance, repair, and removal of such Equipment, including, but not limited to, attorneys' fees and court costs. (v) Tenant shall pay all taxes of any kind or nature whatsoever levied upon such Equipment and all licensing fees, franchise fees and other taxes, expenses and other costs of any nature whatsoever relating to the construction, ownership, maintenance and operation of said Equipment. (vi) The rights afforded Tenant hereunder specifically to include: (i) the right to install and maintain one or more fuel lines between any fuel tanks and any generators; (ii) the right to install and maintain necessary electrical connections from any generators to the Premises; and (iii) the right of reasonable access to those portions of the Building necessary for the installation and maintenance of any generators, tanks, fuel lines, and electrical connections, subject to the terms and conditions of this Lease. (vii) Tenant shall remove said Equipment at the expiration or earlier termination of the Lease and repair any damage caused by said removal, provided, however, at the written request of Tenant, Landlord agrees to notify Tenant concurrently with Landlord's consent to the placement of such Equipment whether Landlord will require Tenant to remove such alterations, additions or improvements at the end of the Lease Term. (viii) Landlord grants to Tenant the right, at no additional charge or Rent, to install, and Landlord acknowledges that Tenant's use of the Premises will require some or all of the following: (i) backbone fiber optic cabling from two separate means of entry from the adjoining streets to, and core drilling of, the Building core structural wall and from the Building core structural wall, by two diverse paths, to the Premises; (ii) specialty air conditioning equipment in any wayan area to be designated on Tenant's plans and specifications, together with all necessary connections from such location to the Premises; (iii) 3-phase, 4-wire live load electric service (including furnishing and installation of conduit) to the Premises' electrical closet and all necessary connections from such location to Tenant's equipment; (iv) an independent, Tenant controlled fire suppression system which will include access to Tenant for exhaust louvers, shafts or risers necessary for the discharge of exhaust from the Premises from such system as well as Tenant's air conditioning system; (v) connection of the office space areas within the Premises to Landlord's fire alarm system; (vi) a raised floor system to accommodate Tenant's telecommunications equipment; (vii) a copper insulated ground conductor in conduit from the master ground at the lowest point in the Building to the Premises; and (viii) the installation of interior walls or window covering materials to stabilize environmental conditions within the Premises.

Improvements. Notwithstanding anything 8.1 In carrying out any general improvements (being any improvements having a cost of less than $5,000 (with such sum to increase in line with inflation on the same basis as your Rent) to the contrary Property or are undertaking ongoing maintenance in accordance with clause 5.1(d) then: (a) this Agreementwill be at your cost; (b) you must complete them in a reasonable time to a professional and tradesman-like standard; (c) you must comply with all laws and obtain all required Code Compliance Certificates (if required); (d) you must comply with any rules affecting the Property such as any restrictive covenants, the provisions of the District Plan in which the Property is situated, or Body Corporate Rules; (e) you must give us copies of all related paperwork; (f) you indemnify us for any losses, if PARI develops an incremental Improvementthe improvements or carrying them out causes us any losses; and (g) you must abide by any policies developed by us relating to improvements or maintenance. 8.2 If you wish to make major improvements in excess of $5,000 (Major Improvements) (with such sum to increase in line with inflation on the same basis as your Rent) then: (a) the rules set out in clause 8.1 above will apply and you must also get our written consent first, then PARI which we may withhold in our absolute discretion; (b) we will update the Maintenance Schedule to include these Major Improvements once the Major Improvements are completed; (c) if agreed by us (in our absolute discretion), we will add the certified costs of the Major Improvements to the Reversion Price and the date of completion of the Major Improvements to our satisfaction shall incorporate such Improvement into be the DeviceImprovements Date for the purposes of "E" in clause 10.5 below. 8.3 Landscaping and Fencing Improvements Rules include: (a) you must not make any alterations to the fences on the Property (including to the length, height or materials) without further considerationour consent; (b) you must not make any practical changes or additions to the landscaping (for example, if adding a garden shed or altering or adding to any existing fencing) without our consent; (c) you must ensure any irrigation system is monitored, maintained and periodically adjusted as required, including draining the irrigation system in winter and reprogramming it for spring; (d) you must undertake regular pruning of trees, ▇▇▇▇▇▇, shrubs and groundcovers as required, in particular any: (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, ▇▇▇▇▇▇ on shared boundaries must be maintained to a maximum height of 1.8 metres; and (ii) PARI generally incorporates such Improvement into an eFlow for use ▇▇▇▇▇▇ on road/reserve boundaries must be maintained to a maximum height of 1.2 metres; (e) you must undertake all other work necessary to maintain a healthy, clean, neat and tidy garden landscape; and (f) if you do not keep your garden tidy: (i) we may require you to tidy it to our reasonable standards; and (ii) if you do not meet out requirements we may employ contractors to undertake whatever work is required at your cost. 8.4 Removal of Improvements in CF, Bronchiectasis breach: Should you install or such Secondary Indication (but carry out any Improvements in this instance only, without reference to breach of the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), above clauses then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written we may give notice to PARI) you to remove such Improvements at your cost within a reasonable time and make good any damage caused by such sixty (60) day period that it desires removal. Should you fail to benefit comply with such notice then we may enter onto the Property and remove the offending Improvements and recover the costs of doing so from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayyou.

Improvements. Notwithstanding anything (a) The Leased Premises is leased in "as-is" condition and no improvements are therefore required by Lessor or Lessee. (b) Lessee will contribute $12,500 towards of the cost to repair the chiller unit at said premises. The agreed upon amount will be paid by the lessee in equal installments over the first three years of this agreement. (c) Lessee may make additions, alterations, and/or improvements to the contrary in this AgreementLeased Premises, if PARI develops an incremental Improvementprovided, then PARI shall incorporate however, that any such Improvement into additions, alterations, and/or improvements do not structurally alter, damage, or detract from the Device, without further consideration, if (i) it is not contractually prohibited from doing so by character of the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6Leased Premises, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g.provided further, a major Improvement or a new 510(k) is or will be filed)that Lessee obtain Lessor's prior written consent, then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement which shall not be restricted unreasonably withheld, conditioned or limited delayed. Lessee shall obtain Lessor's prior written consent, which may b e withheld for any reason, for any additions, alterations, and/or improvements to the Leased Premises that may structurally alter, damage, or detract from the character of the Leased Premises, in Lessor's sole discretion. Lessee shall be responsible for obtaining any wayand all approvals or permits required by law, for any additions, alterations, and/or improvements to the Leased Premises. Lessor shall cooperate with Lessee in securing building or other permits or authorizations required from time to time for any work or installations by Lessee permitted hereunder. (d) All trade fixtures, furniture, furnishings, signs and non-structural alterations, improvements and additions to the Property, which are owned or constructed, installed or otherwise made by Lessee (collectively, “Trade Fixtures”) shall be the property of Lessee throughout the Term of this Agreement and shall be removed by Lessee, at Lessee’s sole cost and expense, following the expiration or earlier termination of this Agreement. Upon removal by Lessee, Lessee shall repair and restore any damage to the Leased Premises or Property caused by the removal thereof. Except as provided herein, and except for those alterations, additions, improvements or changes which Lessor designates in writing to Lessee shall remain the property of Lessee throughout the Term of this Agreement and be removed by Lessee, at Lessee’s sole cost and expense, upon the expiration or earlier termination hereof, all alterations, additions, improvements or changes made by Lessee shall immediately become the property of Lessor and shall remain upon the Property upon the expiration or earlier termination of this Agreement.

Improvements. Notwithstanding anything to Except with respect to: (a) the contrary work contemplated in this the Development Agreement, if PARI develops an incremental Improvement(b) emergency repairs, then PARI (c) interior alterations or minor repairs that are non-structural in nature, do not alter mechanical or electrical systems, and do not materially alter the external appearance or view of any improvements, and (d) routine maintenance work, Lessee shall incorporate not at any time during the term construct, place, maintain, or install on the Premises any building, structure, or improvement of any kind and description except with the prior written approval of Lessor. When the approval of the Lessor is required, such Improvement into the Deviceapproval may be subject to those conditions Lessor may reasonably impose, including, without further consideration, if limitation: (i) it is not contractually prohibited from doing so the requirement that Lessee only use licensed contractors, subcontractors, materials, mechanics, and materialmen approved by the agreement under which such Improvement was developedLessor, (ii) PARI generally incorporates such Improvement into an eFlow for the requirement that Lessee only use in CF, Bronchiectasis certain materials or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition types of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6construction, and (iii) it is consistent the requirement that Lessee provide evidence satisfactory to Lessor that there are funds available and committed to Lessee sufficient to pay for one hundred percent (100%) of the total hard costs and one hundred percent (100%) of any other indirect or “soft costs” associated with such work. Lessee shall reimburse Lessor, as Additional Rent, for any costs and expenses incurred by Lessor in connection with such improvement work, including, without limitation, any costs incurred in connection with Lessor’s review and/or approval of such work (whether internal or related to the engagement of third parties). Additionally, ▇▇▇▇▇▇ shall not commence construction of any improvement to the Premises at a cost of more than $25,000.00 without first obtaining and depositing with Lessor performance and labor and material payment bonds naming Lessor and the State of Hawaii as additional obligees with a responsible surety authorized to do business in the State of Hawaii, which bonds shall guarantee completion of such construction in accordance with the Specifications contract therefor free and clear of all mechanics’ and materialmen’s liens and shall be in a penal sum not less than 100% of the applicable regulatory requirementscost of such construction. If an Improvement is not an incremental Improvement (e.g., a major Improvement Neither Lessor’s approval nor the approval of any architect or a new 510(k) is engineer engaged by Lessor of any plans or will be filed), then PARI shall, specifications reviewed by Lessor or such architect or engineer pursuant to the extent it has provisions of this Lease, or of the right to do soconstruction of any improvements, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected a warranty or other representation by Lessor that such plans or specifications or the Improvement and PARI construction of the improvements are legal, structurally safe or sound, or adequate for Lessee’s use. Lessee shall have no obligation to include own these improvements until the Improvement in expiration or earlier termination of this Lease, at which time the Device. Notwithstanding anything to ownership shall, at the contrary in this Agreementoption of Lessor, if PARI develops an Improvement and desires to obtain patent protection for such Improvementbecome the property of Lessor, PARI or upon written notice by Lessor shall be free to obtain such protection removed by Lessee, at its sole cost and may take all steps necessaryexpense, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited as set forth in any waySection 28 below.

Improvements. Notwithstanding anything (a) Certain improvements shall be constructed in the Premises according to the contrary space plan attached hereto as Exhibit B (the "Space Improvements") for the purpose of initially preparing the Premises for occupancy by Tenant, all to be paid for as provided in subsection (B) of this Agreement, if PARI develops an incremental Improvement, then PARI section below. Such Space Improvements shall incorporate such Improvement into be constructed by Tenant and in accordance with the Device, without further consideration, if following procedures: (i) it Tenant will engage an architect to prepare plans and specifications of the Space Improvements who shall be reasonably approved by Landlord. Such plans and specifications shall be submitted to Landlord within twenty-one (21) days after the date hereof, and Landlord shall review and either approve or notify Tenant of proposed changes thereto within seven (7) days after receiving same. If no response is forthcoming from Landlord within this seven (7) day period, such plans shall be deemed approved. Tenant shall make any changes to such plans reasonably (and timely) requested by Landlord and necessary to make the plans and specifications conform to Exhibit B. (ii) Promptly after the plans and specifications have been finalized, Tenant shall solicit bids and enter into written contracts with a contractor or contractors for the construction of such improvements and with other professionals for appropriate services in connection therewith. The contractor(s) and professional(s) so engaged by Tenant, and the respective contracts between such parties and Tenant, shall be subject to Landlord's prior written approval which shall not contractually prohibited be unreasonably withheld. Additionally, each of Tenant's contract(s) with contractor(s) shall provide for, at minimum, a retainage or holdback of 10% of the total cost of the contract until completion of the work and the submittal of final lien waivers. (iii) Prior to commencing construction, Tenant shall obtain all building and other permits or licenses required by law for the work, and promptly after completion of such work, Tenant shall procure a certificate of occupancy (or other customary occupancy permits issued by the Village of Schaumburg) for the Premises from the applicable governmental authorities. (iv) All such construction shall be overseen by Landlord through its construction manager, whose services shall be paid for by Landlord. Tenant shall at all times permit Landlord and its construction manager to inspect the Premises and the Tenant's improvement work during construction. (v) Landlord and its agents and contractors shall have the right to enter the Premises prior to the Commencement Date for purposes of installing and constructing a fire sprinkler system throughout the Premises and a handicap accessible uni-sex restroom in the Premises, provided that in doing so by such parties shall not interfere with Tenant or its contractors constructing the agreement under which Space Improvements. The Commencement Date shall not be deemed to occur upon such Improvement was developedentry unless Tenant begins commencing its normal business operations within the Premises. (b) All costs and expenses of designing and constructing the Space Improvements described in subsection (A) above shall be paid as follows: (i) Landlord shall provide and pay an allowance (the "Allowance") of $17.00 per square foot of the Premises towards (i) the costs of designing the space plan in Exhibit B and all of the plans and specifications for the Space Improvements, architect's fees and engineer's fees, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained cost of demolishing any existing improvements in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6Premises, and (iii) it the costs of constructing the Space Improvements, including but not limited to all fees, costs and expenses paid under construction contracts and subcontracts, construction managers' fees, costs and expenses, the costs of materials, supplies, permits and other item, and any other out-of-pocket expenditures incurred in any connection with such construction. Tenant may convert up to $5.00 of the Allowance for permanent, non-personal items, including but not limited to cabling or communication installment costs, or moving costs; provided, however, that such amount may not be-converted to cash or used to pay any Base Rent, Operating Expenses or Real Estate Taxes. Tenant shall pay any and all costs of designing and constructing the Space Improvements which are in excess of the Allowance. (ii) Tenant shall pay all amounts by which the total costs of designing and constructing the Space Improvements exceeds the Allowance. (iii) Landlord shall disburse the Allowance in portions (but not more frequently than once every fourteen (14) days) to pay for completed work, and to either (i) Tenant upon presentation of proof of payment by Tenant to the professionals, contractors or other parties perform work, or (ii) directly to the professionals, contractors and other parties performing the work, upon presentation for each disbursement of (a) a requisition substantially in form the form of AIA Requisition Forms G702 and G703, including a description of all completed work for which payment is consistent requested, the amount requested with a breakdown by each trade comprising the Specifications work and the applicable regulatory requirements. If percentage of the entire project completed after taking into account all such work (b) an Improvement owner's sworn statement and contractors' sworn statements in form satisfying all statutory requirements and (c) partial lien waivers from all parties for whom such payment is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, requested releasing all liens which may arise on account of the work performed by such parties to the extent it has date of the right request for payment. Withheld from each disbursement shall be the applicable retainage, not to do sobe less than 10% as provided as provided hereinabove, offer Transave an opportunity which retainage shall be paid and disbursed upon (i) completion of the Space Improvements as required by the applicable contracts - (ii) delivery of unconditional final lien waivers as described above for all work comprising the improvements, and (iii)- issuance of a certificate of occupancy or other applicable approval by the local authorities permitting occupancy of the Premises by Tenant for business. (c) Tenant shall use commercially reasonable efforts to review complete such Improvement improvements on or before June 1, 1999, but Tenant shall have no liability to the Landlord hereunder (for a period of sixty time up to ninety (6090) days days) if prevented from receipt doing so due to strike or other labor troubles, governmental restrictions, failure or shortage of utility service, national or local emergency, accident, flood, fire or other casualty, adverse weather condition, other act of God, inability to obtain a description building permit or a certificate of occupancy, or any other cause beyond the Tenant's reasonable control. In such event, the Commencement Date and Expiration Dates shall be postponed for a period equaling the length of such Improvement delay or, if the delay continues for ninety (90) days, for ninety (90) days, whichever date is earlier. However, if any delay in completion of the Space Improvements or in delivering possession of the Premises to Tenant are caused by Landlord, including but not limited to failure of Landlord to timely respond to submissions by Tenant under subsection (A) of this section above, the Commencement Date and the Expiration Date shall be postponed for a plan for development period equaling the length of such Improvement delay and possible incorporation into Tenant shall receive a rent abatement, following the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the DeviceCommencement Date, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything equal to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for number of days of such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any waydelay.

Improvements. Landlord shall make improvements and modifications to the Leased Premises strictly in accordance with the plans and specifications attached hereto and made a part hereof as Exhibit C, (“Landlord’s Work”). Landlord’s construction cost allowance for Landlord’s Work shall not exceed Twenty-One and 45/100 Dollars ($21.45) per square foot of the Leased Premises (the “Allowance”). If applicable, any and all improvements provided by Landlord in excess of the Allowance shall be provided at Tenant’s expense. Tenant shall not make any non-structural alterations, decorations, installations, additions or improvements to the Leased Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus, without Landlord’s prior written consent, which consent shall not be unreasonably withheld. However, any and all structural alterations shall be subject to Landlord’s sole discretion. Notwithstanding anything contained herein to the contrary in this Agreementcontrary, if PARI develops an incremental ImprovementLandlord’s consent to any alterations, then PARI shall incorporate such Improvement into the Devicedecorations, without further considerationinstallations, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis additions or such Secondary Indication (but in this instance only, without reference improvements to the Drug Product contained Leased Premises, or Landlord’s approval of any plans, specifications, working drawings or other documentation therefor, shall create no responsibility or liability on the part of Landlord for the completeness, sufficiency or compliance of such with any applicable laws, rules, regulations, guidelines and requirements of governmental and quasi-governmental entities, agencies or authorities. All of the foregoing, except movable office furniture put in at the definition expense of Secondary Indication in Section 1.50) that has been included in Tenant, shall be the Transave Field pursuant to Section 2.6, property of Landlord and (iii) it is consistent shall remain upon and be surrendered with the Specifications and Leased Premises at the applicable regulatory requirementstermination of this Lease without molestation or injury. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has Landlord shall have the right to do sorequire Tenant to remove, offer Transave an opportunity to review such Improvement for a period at the expiration of sixty (60) days from receipt of a description of such Improvement the lease term and a plan for development of such Improvement at Tenant’s sole cost and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device expense, any and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (all improvements made by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement Tenant, and include the Improvement in the Device, such Improvement Tenant shall be automatically included in PARI Intellectual Property. If Transave does not give written notice required to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything repair any damage to the contrary in this Agreement, if PARI develops an Improvement and desires Leased Premises due to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayremoval.

Improvements. Notwithstanding anything 5.1 Owner owns a portion of the Land and intends to construct or cause to be constructed the Improvements on the Land and to locate Tangible Personal Property at such Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land or to locate Tangible Personal Property thereat, but said actions are conditions precedent to tax abatement pursuant to this Agreement. 5.2 As a condition precedent to the contrary in initiation of the Owner’s tax abatement pursuant to this Agreement, if PARI develops Owner agrees, subject to delays resulting from one or more events of Force Majeure and/or an incremental Improvementuncured breach of a Related Agreement by City, then PARI shall incorporate such Improvement into to cause Completion of Construction of the DeviceImprovements on or before January 31, without further consideration2026, if in phases as set forth below: (ia) it is not contractually prohibited from doing so by By December 31, 2023 - Owner will cause Completion of Construction of a minimum of 2,500,000 square feet of Improvements; (b) By December 31, 2024 - Owner will cause Completion of Construction of a minimum of an additional 800,000 square feet of Improvements, totaling 3,300,000 square feet of Improvements; (c) By December 31, 2025 - Owner will cause Completion of Construction of an additional 2,000,000 square feet of Improvements, totaling 5,300,000 square feet of Improvements; and (d) By January 31, 2026 - Owner will cause Completion of Construction of a minimum of an additional 700,000 square feet of Improvements, totaling 6 million square feet of Improvements. 5.3 Construction plans for the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to Improvements constructed on the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent Land will be filed with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g.City, a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave which shall be deemed to have rejected be incorporated by reference herein and made a part hereof for all purposes. 5.4 Owner agrees to maintain the Improvement Improvements during the Term of this Agreement in accordance with all applicable state and PARI local laws, codes, and regulations in all material respects, or shall diligently pursue the cure of any material non-compliance. 5.5 The City, its agents and employees shall have no obligation to include the Improvement in the Device. Notwithstanding anything right of access to the contrary Premises during and following construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in this Agreementaccordance with visitor access and security policies of the Owner, if PARI develops an Improvement and desires in order to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided ensure that Transave's rights under the construction of the Improvements are in accordance with this Agreement shall not be restricted and all applicable state and local laws and regulations (or limited in any wayvalid waiver thereof).

Improvements. Using Building standard materials, components and finishes, Landlord shall cause the installation and/or construction of the improvements in the Premises (the “Improvements”) pursuant to that certain space plan attached to this Lease as Exhibit A (the “Space Plan”). Other than as expressly contemplated by Section 3.1 below, Tenant shall make no changes, additions or modifications to the Improvements or the Space Plan or require the installation of any “Non-Conforming Improvements” (as that term is defined in Article 2, below), without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion” (as that term is defined in Section 5.1, below) of the Improvements or impose any additional costs. Notwithstanding anything the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Lease. Notwithstanding any provision to the contrary contained in this Work Letter Agreement, if PARI develops an incremental Improvementin no event shall the cost of the Improvements exceed a total amount equal to […***…] Dollars ($[…***…]) (i.e., then PARI […***…] Dollars ($[…***…]) per each of the rentable square feet of the Premises) (the “Landlord Contribution Amount”). All costs in excess of the Landlord Contribution Amount shall incorporate such Improvement into the Device, without further consideration, if be paid to Landlord by Tenant in advance within five (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (605) days from following Tenant’s receipt of a description of request therefor. All such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (funds provided by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement Tenant shall be automatically included in PARI Intellectual Property. If Transave does not give written notice disbursed by Landlord and exhausted prior to PARI within disbursement of the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the DeviceLandlord Contribution Amount. Notwithstanding anything any provision to the contrary contained in this AgreementLease or this Work Letter, if PARI develops an Improvement and desires but except as expressly provided in Section 6.8 below, in no event shall the Landlord be obligated to obtain patent protection pay (via the Landlord Contribution Amount or otherwise) for such Improvementany moving costs or expenses or any costs or expenses associated with the purchase, PARI shall be free to obtain such protection and may take all steps necessaryinstallation, appropriate operation or advisable theretomaintenance of any furniture, provided that Transave's rights under this Agreement shall not be restricted or limited in any way.fixtures, equipment, art, cabling, audio/visual equipment, access controls, security equipment and/or office signage. *** Confidential Treatment Requested

Improvements. Notwithstanding anything Within thirty (30) days after the execution of this Third Amendment, Tenant shall submit to Landlord for approval a detailed space plan (“Space Plan”) for the improvements to the contrary Expansion Space which shall include without limitation, the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements. The Space Plan and the Construction Drawings (as defined below) shall be prepared by ▇. ▇▇▇▇▇ Associates (the “Architect”). Landlord agrees to cooperate with Tenant and its design representatives in this Agreementconnection with the preparation of the Space Plan. Within five (5) business days after receipt by Landlord of the Space Plan, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if Landlord (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developedshall give its written approval with respect thereto, or (ii) PARI generally incorporates shall notify Tenant in writing of its disapproval and state with specificity the grounds for such Improvement into an eFlow disapproval and the revisions or modifications necessary in order for use in CFLandlord to give its approval. Within five (5) business days following Tenant’s receipt of Landlord’s disapproval, Bronchiectasis Tenant shall submit to Landlord for approval the requested revisions or modifications. Within five (5) business days following receipt by Landlord of such Secondary Indication revisions or modifications, Landlord shall give its written approval with respect thereto or shall request other revisions or modifications therein (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, relating only to the extent it Tenant has failed to comply with Landlord’s earlier requests). The preceding sentence shall be implemented repeatedly until Landlord gives its approval to Tenant’s Space Plan. The improvements to be made to the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period Expansion Space that it desires to benefit from the Improvement and include the Improvement are described in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice final Space Plan are hereinafter referred to PARI within as the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any way“Improvements”.

Improvements. Notwithstanding anything (a) Prior to the contrary in this Agreementend of the Construction Period (hereinafter defined) Lessee shall, if PARI develops an incremental Improvementat its sole cost and expense, then PARI shall incorporate such Improvement into construct the Devicefollowing described improvements on the Leased Premises, without further considerationto-wit: a mixed use residential and commercial building , if (i) it is not contractually prohibited from doing so as more particularly described by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to plans and specifications approved by the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field Lessor pursuant to this Section 2.64 (collectively, the “Initial Improvements”). The Construction Period shall commence on the Effective Date of this Lease, and shall expire on , 20 (iii) it is consistent with the Specifications "Construction Period"); provided that the Construction Period may be extended if and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has that the right completion of the Initial Improvements is delayed solely due to do soForce Majeure (as defined in Section 15 below). The Lessee shall commence construction of the Initial Improvements on or before , offer Transave an opportunity to review 20 , and shall diligently and continuously prosecute such Improvement for a period construction until full and final completion. The Initial Improvements shall be substantially complete no later than the last day of the Construction Period and shall be fully complete no later than sixty (60) days from receipt after substantial completion. The date of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement substantial completion shall be automatically included in PARI Intellectual Propertythe last to occur of (1) the date upon which the Initial Improvements are ready and available for occupancy for the use permitted by Section 2 or (2) the date of issuance of an unconditional, permanent certificate of occupancy for the Initial Improvements. If Transave does not give written notice to PARI within the sixty (60) day period For purposes of its desire to benefit from the Improvementthis Lease, Transave construction shall be deemed to have rejected commenced upon the Improvement pouring of the footers or the sinking of pilings, as the case may be, for the foundation of the Initial Improvements, and PARI construction shall be deemed to have no obligation been completed upon the full completion of all of the Initial Improvements in accordance with the plans and specifications approved by the Lessor (subject only to include normal punch list items) and the Improvement in issuance of all final governmental permits and unconditional certificates of occupancy required for the Devicefull and lawful use and occupancy of the Improvements for the purposes permitted by Section 2 above. Notwithstanding anything DRAFT (b) The Initial Improvements and all other buildings and improvements (including without limitation landscaping and signage) constructed or placed on the Leased Premises at any time and from time to time during the contrary Term of this Lease are referred to in this AgreementLease as the “Improvements”. Lessee shall not construct, if PARI develops an Improvement and desires to obtain patent protection for such Improvementalter, PARI shall be free to obtain such protection and may take all steps necessaryremove or demolish any Improvements, appropriate in whole or advisable theretoin part, provided that Transave's rights under this Agreement without first having obtained the written approval of Lessor, which approvals shall not be restricted unreasonably withheld, conditioned or limited delayed. No Improvements shall be constructed, altered, removed or demolished except in strict accordance with architectural design, site plan, construction contracts, construction budget, construction schedule and plans and specifications approved in writing by Lessor prior to commencement of such work, such approvals not to be unreasonably withheld, conditioned or delayed; provided, however, that the approvals of Lessor required by this paragraph shall not be deemed to be any wayacknowledgement by the City of Pensacola that such plans and specifications, other approved items or the proposed Improvements or other work complies or will comply with applicable laws, codes, ordinances and regulations and shall not relieve Lessee from obtaining all City of Pensacola authorizations, permits and approvals required by applicable laws, codes, ordinances and regulations, all of which shall be obtained prior to commencement of construction, alteration, removal or demolition of any Improvements. Without limiting the generality of the foregoing, the approvals of Lessor required by this Section shall be conditioned upon the provision of payment and performance bonds in favor of and satisfactory to Lessor in accordance with paragraph (d) below; and all Improvements shall comply with the federal Americans with Disabilities Act and all regulations thereunder. (c) Lessee shall be solely responsible for payment of all hard and soft costs of construction, alteration, removal and demolition of any Improvements and, prior to commencement of any work on Improvements, Lessee shall provide Lessor with reasonably satisfactory evidence of Lessee’s ability to pay the costs of such work as and when due. Lessee shall cause all work and Improvements on the Leased Premises to be performed and constructed with new materials and in a good and workmanlike manner, pursuant to valid building permits and in conformance with this Lease, all applicable federal, state, county and municipal laws, rules and regulations, and Lessor’s reasonable construction rules and regulations. Lessee shall indemnify, defend and hold Lessor free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Leased Premises by or at the request of Lessee. All Improvements (expressly excluding, however, movable office furniture and trade fixtures, and trade equipment) shall be deemed to be a part of the real estate, and title to all such Improvements shall vest in Lessor immediately upon substantial completion thereof, subject to this Lease. All Improvements shall remain upon and be surrendered with the Leased Premises in good condition, appearance and repair, normal wear and tear excepted, upon the termination of this Lease. Except to the extent otherwise provided in paragraph (a) above with respect to the Initial Improvements, upon commencement of any permitted construction, alteration, removal or demolition, Lessee shall thereafter diligently and continuously prosecute such work to completion within a reasonable time. DRAFT (d) Prior to commencement of any work on Improvements, Lessee shall provide to the Lessor payment and performance bonds obtained by each general contractor of Lessee ensuring performance of that general contractor’s obligations under the prime construction contract between that general contractor and the Lessee and payment of that contractor’s subcontractors and suppliers with respect to the construction, alteration, removal or demolition of Improvements. Each of the bonds must (i) be issued by a Qualified Surety (hereinafter defined), (ii) be in form and substance satisfactory to Lessor, (iii) run in favor of the Lessor, and (iv) be in the amount of the total cost of constructing, altering, removing or demolishing, as the case may be, the Improvements as approved by the Lessor, as such cost is stipulated in the construction contract between the Lessee and its general contractor. A “Qualified Surety” is a corporate surety or insurer authorized to do business, and to issue bonds for construction payment and performance, in the State of Florida and possessing a rating of A/VIII or better in A.M. Best’s Insurance Reports. (e) Notwithstanding any provision of this Lease, Lessor’s estate and interest in the Leased Premises and Improvements shall not be subject to any lien, statutory or otherwise, by reason of any Improvements constructed or altered upon, removed from or demolished on the Leased Premises or work, labor, services or materials performed upon or supplied to the Leased Premises by or upon the order or request of Lessee or its employees or contractors or anyone acting by, through or under Lessee, and Lessee shall include notice of the foregoing in all contracts for the furnishing of labor, services or materials to or on the Leased Premises. All persons performing labor or service or furnishing materials to the Leased Premises on the order of Lessee must look solely to Lessee, and not to Lessor, for payment. Lessee shall keep Lessor and Lessor’s estate and interest in the Leased Premises and Improvements free from any construction liens, mechanic’s liens, vendor’s liens or any other liens or claims arising out of any work performed, materials furnished or obligations incurred by Lessee, all of which liens and claims are hereby expressly prohibited, and Lessee shall defend, indemnify and hold Lessor harmless from and against any such lien or claim or action thereon, together with costs of suit and reasonable attorneys' fees and costs incurred by Lessor in connection with any such lien, claim or action. Before commencing any work of construction, alteration, addition, demolition or improvement to the Leased Premises, Lessee shall give Lessor at least ten (10) business days' written notice of the proposed commencement of such work and the name, address and telephone number of each contractor that will perform all or any portion of such work, in order to afford Lessor an opportunity to provide and post appropriate notices of non-responsibility. In the event that there shall be recorded against Lessor or Lessor’s estate or interest in the Leased Premises or Improvements any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Lessee and such claim or lien shall not be removed or discharged within thirty (30) days of filing, Lessor shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct, in which event Lessee shall reimburse such amount to Lessor within ten (10) days’ after Lessor’s written demand, or to require that Lessee deposit with Lessor, within ten (10) days after Lessor’s written demand, in cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of the sum of such claim, two years’ estimated interest thereon, the attorneys’ fees that Lessor estimates may be incurred by the claimant or lienor, and the attorneys’ fees that Lessor estimates that may be incurred by Lessor, which sum may be retained by Lessor until such claim shall have been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Lessor shall have the right to apply such deposit in discharge of the judgment on said claim and any costs, including reasonable attorneys' fees and costs incurred by Lessor, and shall remit the balance thereof to Lessee. Lessor shall have the right to execute and record in the public records of Escambia County, Florida, a notice of provisions of this paragraph, meeting the requirements of Section 713.10, Florida Statutes. DRAFT

Improvements. Notwithstanding anything Landlord agrees to perform, at Landlord's expense (except as hereinafter provided), the work ("Landlord's Work") within the Premises described in or shown on, and substantially in accordance with, the Construction Drawings. Tenant shall, at its expense (except as provided in the next sentence), prepare the construction drawings (the "Construction Drawings") for Landlord's Work. Provided that Tenant is not in default under this Lease beyond the expiration of applicable notice and cure periods and shall have taken occupancy of the Premises for business, Landlord shall reimburse Tenant up to $55,908.17 (the "Plan Allowance") for the architectural and engineering fees incurred by Tenant in preparing the Construction Drawings, such reimbursement to be made within thirty (30) days of Landlord's receipt of a reasonably detailed invoice from Tenant describing such fees. The Construction Drawings shall be subject to Landlord's approval; and Landlord shall have the right, by notice to Tenant at or prior to the contrary time of its approval of the Construction Drawings, to modify the Estimated Substantial Completion Date based upon the nature of the work shown on the Construction Drawings. Tenant agrees that the Construction Drawings shall be prepared in this Agreementa diligent and efficient manner so that Landlord's final approval thereof is obtained by March 15, if PARI develops an incremental Improvement, then PARI 1998. Tenant acknowledges and agrees that the general contractor for Landlord's Work shall incorporate such Improvement into be B▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & E▇▇▇▇▇ Inc. ("BB&E"). The general contractor's fee to be charged by BB&E shall not exceed three (3%) percent of the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition aggregate costs of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications Landlord's Work; and the applicable regulatory requirementsgeneral conditions component of the costs of Landlord's Work shall not comprise more than six (6%) percent of the aggregate costs of Landlord's Work. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shallLandlord agrees to require BB&E to obtain, to the extent it has the right reasonably obtainable, bids from no more than five (5) and no less than three (3) subcontractors for all trades necessary to do so, offer Transave an opportunity complete Landlord's Work. All subcontractor bids shall be subject to review such Improvement Tenant's approval. If Tenant fails to respond to a request for a period of sixty (60) days from receipt approval of a description subcontractor bid within three (3) business days of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the DeviceLandlord's request therefor, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave approval shall be deemed given. Landlord agrees to have rejected undertake construction of the Improvement Premises in accordance with the provisions hereof in a good and PARI shall have no obligation to include workmanlike fashion and in compliance with applicable codes. Without limiting the Improvement foregoing, Landlord shall, at its expense (in the Device. Notwithstanding anything addition to the contrary Plan Allowance and Landlord's Contribution, as hereinafter defined), cause the restrooms on each floor of the Premises to comply with the ADA as in this Agreement, if PARI develops an Improvement effect on the date hereof. Tenant's vendors and desires to obtain patent protection for such Improvement, PARI contractors shall be free permitted entry to obtain the Premises prior to the Term Commencement Date for the installation of Tenant's equipment and furnishings (including cabling and wiring) and the performance of such protection and other work as Tenant may take all steps necessary, appropriate or advisable theretodesire (subject to the provisions of Section 5.5 hereof), provided that Transavesuch installation and other work shall not unreasonably interfere with the performance of Landlord's rights Work. Landlord shall use reasonable efforts to coordinate and schedule Landlord's Work so that Tenant may perform its work on a floor-by-floor basis. In the event that Tenant shall request and Landlord shall approve supplementary plans or specifications or work or changes to the Construction Drawings, then Landlord shall render to Tenant an estimate of the additional cost of such plans or specifications, work or changes and (unless such cost, when added to the other costs of Landlord's Work, will not exceed Landlord's Contribution) Tenant shall pay such amount to Landlord prior to Landlord having any obligation to undertake any such work; provided, however, that Tenant shall be responsible for any delays in the performance or substantial completion of Landlord's Work on account of any such supplementary plans or specifications, work or changes requested by Tenant. Landlord shall notify Tenant of any such delays, and of any delays caused by any change order requests initiated by Landlord, promptly upon Landlord becoming aware of the same. The costs and expenses to prepare any supplementary plans or specifications or to make any changes to the Construction Drawings shall be Tenant's responsibility. Landlord shall respond to any request for approval under this Agreement paragraph within three (3) business days of Tenant's written request therefor; and if Landlord fails to respond within such three (3) business day period, Landlord's approval of the supplementary plans or specifications or work or the changes to the Construction Drawings shall be deemed given. Landlord shall contribute $17.50 per square foot of rentable area of the Premises ("Landlord's Contribution") towards the costs of Landlord's Work, which costs shall include, without limitation, demolition costs and the costs, if any, incurred by Landlord to engage an architect or engineer to review the Construction Drawings to determine their compliance with the ADA. Tenant shall reimburse Landlord for all costs of Landlord's Work in excess of Landlord's Contribution within thirty (30) days of billing(s) from time to time (whether before or after the Term Commencement Date) therefor (accompanied by documentation supporting such excess costs). If Landlord's Contribution exceeds the costs of Landlord's Work and Tenant is not in default under this Lease beyond the expiration of applicable notice and cure periods, such excess shall, at Tenant's election, be restricted paid by Landlord to Tenant within thirty (30) days of Tenant's notice to Landlord of such election or limited in any waybe credited against Tenant's obligation to pay Base Rent until such excess is reduced to zero.

Improvements. Notwithstanding 3.1 In connection with obtaining the necessary governmental approvals to construct the Improvements, the Developer has and will continue to prepare engineering plans and drawings. Those engineering plans and drawings, after they have been approved by the applicable governmental agency, will be submitted to the municipal engineer and/or the water and sewer engineer, as applicable, for Barnegat Township (collectively the "Municipal Engineer") and shall thereafter be incorporated into and made a part of this Agreement. (the "Approved Plans") Thereafter the Developer shall construct the Improvements in accordance with the Approved Plans. 3.2 The parties acknowledge that the Order specifically, and subject to certain terms and conditions, requires the Developer to obtain all necessary governmental approvals for and then construct certain of the Improvements, which Improvements include but are not necessarily limited to (i) the construction of a new force main from the west side of the Garden State Parkway to the Barnegat Boulevard Gravity Sanitary System more particularity described in paragraph 10 of the Order; (ii) the construction of the Barnegat Boulevard interceptor sanitary sewer from West Bay Avenue to the existing phase one interceptor located north of Rose Hill Road, as more particularly described in paragraph 12 of the Order; and, (iii) the implementation of certain repairs to the Barnegat Boulevard/South gravity sewer infrastructure servicing the Settlers Landing Housing Project as more particularly described in paragraph 8 of the Order (the "Ordered Improvements"). The Developer will obtain all necessary governmental approvals for and then construct the Ordered Improvements in accordance with the terms and conditions set forth in the Order and this Agreement. 3.3 The parties acknowledge that in order to avoid unnecessary and duplicative costs, certain lot improvements necessary to obtain a Certificate of Occupancy for a single-family home, should be completed in connection with the construction of that home and not in connection with the installation and construction of the overall Improvements by the Developer. Consequently, and notwithstanding anything to the contrary in this Agreementcontrary, if PARI develops an incremental Improvement, then PARI the following improvements shall incorporate such Improvement into be completed by the Device, without further consideration, if owner of any Lot seeking to construct a single-family home thereon (whether the Developer or its affiliates or the Independent Lot Owners): (i) it is not contractually prohibited from doing so by concrete sidewalk, if required, across the agreement under which such Improvement was developed, length and frontage of each Lot in accordance with Township standards; (ii) PARI generally incorporates such Improvement into an eFlow for use lot grading within the boundaries of each Lot in CF, Bronchiectasis or such Secondary Indication accordance with the overall Grading Plan (but in this instance only, without reference as hereinafter defined) to be included as part of the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and Approved Plans; (iii) concrete driveway aprons and (iv) all street trees and other landscaping reflected on the Approved Plans in the public right of way immediately adjacent to that particular Lot (collectively the "Lot Improvements"). The Lot Improvements shall be completed prior to the issuance of a certificate of occupancy for any single-family home on a Lot. The Lot Improvements shall be constructed and installed in accordance with Township standards and all other applicable local, county, state and federal laws, statutes, rules, regulations, and ordinances. 3.3.1 In order to assure consistent grading and soil conservation measures, the Developer will prepare, as part of the Approved Plans, a grading plan (the "Grading Plan") for each Phase of the Improvements it is consistent constructs and installs. The Grading Plan shall be subject to the review and approval of the Municipal Engineer and the Township Committee as well as any and all other governmental agencies having jurisdiction, including but not limited to the Ocean County Soil Conservation District. The Developer will be responsible to install all the Improvements and to grade the Road Beds in accordance with the Specifications Grading Plan. The owner of each Lot shall have the obligation, as part of the Lot Improvements, to grade each Lot and install sidewalk in accordance with the Grading Plan and provide appropriate storm water management systems in accordance with the Grading Plan and as reviewed and approved in accordance with the MLUL and the applicable regulatory requirementsLDO to accommodate increased storm runoff generated by the Lot Improvements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, Prior to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt issuance of a description Certificate of such Improvement Occupancy, the Municipal Engineer shall inspect the final grading and a plan storm water management system installed on each Lot and shall certify compliance with the Grading Plan and other approved plans. 3.4 Except as otherwise set forth herein the Developer will maintain the Improvements until accepted for development of such Improvement and possible incorporation into dedication by the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the DeviceTownship. Notwithstanding anything to the contrary in this Agreementabove, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement the Township shall not be restricted responsible to plow the snow from any streets until after the top course of paving has been installed. It shall also be the Township's obligation to assume the obligation for the payment of street lighting as required by NJSA 40:55D-53.6. 3.5 The Improvements shall, at all times, be installed and constructed in accordance with all local, county, state and federal laws, statutes, regulations and ordinances. The Improvements shall be installed in a good and workmanlike fashion. The Developer, its successors and assigns, agree to indemnify and hold the Township, its elected officials, employees, professionals, agents, servants, successors and assigns, harmless from and against, any and all claims, actions, liability, and expenses in connection with injury or limited in any wayloss of life to person or damage to property arising from the Developer's performance of its obligations under this Agreement; provided that, such indemnification shall not apply to the negligence or intentional misconduct of the Township, its agents, servants, contractors, employees or representatives.

Improvements. Notwithstanding anything A. No alteration or improvements shall be made to the contrary Subleased Premises, except in this Agreementaccordance with the Master Lease and with the prior written consent of both Master Lessor and Sublessor (except to the extent consent is not required pursuant to Section 8.1 of the Master Lease, if PARI develops as incorporated herein). B. The parties acknowledge that the Master Lease provides an incremental ImprovementImprovement Allowance pursuant to the terms of Exhibit B thereto (the “Work Letter”) for Sublessor to perform Improvements (as defined in the Work Letter) in the Premises, then PARI which Sublessor is obligated under Section 2.1 of the Master Lease to use commercially reasonable efforts to substantially complete in each Phase within three (3) months of the Lease Commencement Date (as defined in the Master Lease) as to such Phase. Sublessor shall incorporate have the right to perform the Improvements in the Premises, including portions occupied by Sublessee, provided Sublessor uses commercially reasonable efforts not to unreasonably interfere with Sublessee’s use of the Subleased Premises. Sublessee shall cooperate reasonably with Sublessor’s construction efforts, which may require Sublessee to temporarily vacate portions of the Subleased Premises; provided, however, that (a) Sublessor shall provide Sublessee with not less than thirty (30) days prior written notice of any need to vacate a portion of the Subleased Premises (such Improvement into portion being referred to as a “Vacated Area”), (b) Rent hereunder shall be abated on a day for day basis with respect to the DeviceVacated Area (on a pro rata basis) for each day Sublessee is required to vacate, without further consideration(c) in no event shall a Vacated Area comprise more than fifty percent (50%) of one (1) floor of the Subleased Premises at any given time and (d) in no event shall Sublessee be required to vacate a Vacated Area for more than fourteen (14) consecutive days. On or prior to February 1, if 2017, Sublessor shall provide Sublessee with a scope of work which shall set forth Sublessor’s proposed Improvements, including any finishes to the Improvements (i.e., paint color and carpet samples) (the “Scope of Work”). On or prior to May 1, 2017, Sublessor shall provide Sublessee with a proposed schedule for completion of the Improvements (the “Schedule”) which Schedule shall reflect completion of the Improvements to each floor of the Subleased Premises by the date which is three (3) months following the applicable Delivery Date for a floor as reasonable estimated at the time of delivery of such Schedule. Sublessee shall review the Scope of Work and the Schedule and provide any comments thereto within fifteen C. Upon commencement of the Improvements, Sublessor shall use commercially reasonable efforts to substantially complete the Improvements in accordance with the approved Scope of Work and Schedule. If Sublessor fails to substantially complete any of the Improvements within five (5) months of the Phase I Delivery Date with respect to the Phase I Premises, and within five (5) months of the Phase II Delivery Date with respect to the Phase II Premises (each, a “Phase Outside Date”), the Base Rent for the floor or floors within such phase on which any such Improvements are not substantially completed shall be abated on a day for day basis from the applicable Phase Outside Date until the date on which such Improvements are substantially completed as to such floor. The applicable Phase Outside Date shall be extended by one (1) day for each day of delay resulting from (i) it is not contractually prohibited from doing so by a Force Majeure Delay as defined in Section 5.1 of the agreement under which such Improvement was developedWork Letter, (ii) PARI generally incorporates such Improvement into an eFlow for use a Landlord Caused Delay as defined in CF, Bronchiectasis Section 5.1 of the Work Letter or such Secondary Indication (but in this instance only, without reference ii) actual delays to the Drug Product contained extent resulting from: (x) the failure of Sublessee to timely approve the finishes and cosmetic changes set forth in the definition Scope of Secondary Indication Work or (y) interference (when judged in Section 1.50accordance with industry custom and practice) that has been included by Sublessee or Sublessee’s agents, employees or contractors with the substantial completion of the Improvements and which objectively preclude or delay the construction of the Improvements in the Transave Field Subleased Premises, which interference relates to access by Sublessor, or Sublessor’s Contractor (as defined in the Work Letter), subcontractors, laborers, materialmen and suppliers used by Sublessor in connection with the Improvements (collectively, “Sublessor’s Agents”) to the Subleased Premises. Sublessor shall promptly and diligently proceed to fully complete any punch list items. Sublessee and/or its agents shall receive prior notice of, and shall have the right to attend (or participate telephonically in), most meetings of Sublessor with its architect and contractor with respect to performance and completion of the Improvements. Prior to commencing construction of the Improvements, Sublessor shall provide Sublessee with certificates of insurance which shall evidence Sublessor’s and Sublessor’s Agents’ compliance with the insurance required to be carried by Sublessor and Sublessor’s Agents pursuant to Section 2.6, and (iii) it is consistent with 4.2.2.4.1 of the Specifications Work Letter and the applicable regulatory requirementspublic liability insurance required thereunder shall name Sublessee as an additional insured. If an Improvement is Sublessee shall not an incremental Improvement (e.g.be liable for payment of any costs or expenses with respect to the Improvements, a major Improvement or a new 510(k) is or will be filed), then PARI shall, except to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything due to the contrary in negligence or willful misconduct of Sublessee or its agents, employees or contractors or Sublessee’s violation of this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any waySublease.

Improvements. Notwithstanding anything Lessee shall submit to Landlord the contrary specific requirements and description of the Improvements. Within ten calendar days from receipt by Landlord of Lessee's requirements and description, Landlord shall prepare and submit to Lessee's approval drawings, blueprints and specifications of the Improvements, as well as a schedule for their completion, which in this Agreementno case shall be of more than 120 (one hundred and twenty) calendar days from the day in which Lessee approves such documents, if PARI develops an incremental Improvementall of which shall be attached hereto as Exhibit "B", then PARI shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirementsupon their final approval. If an Improvement is not an incremental Improvement (e.g.Lessee unreasonably denies to approve the drawings, a major Improvement or a new 510(k) is or will be filed)blueprints, then PARI shallspecifications and schedule to complete the Improvements, within five days following to the extent it has such denial, Landlord shall have the right to do so, offer Transave submit such documents to an opportunity to review such Improvement for a period expert from the Mexican Chamber of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device Construction Industry in order for Transave such expert to determine whether it wishes if the drawings, blueprints, specifications and schedule to complete the Improvements meet Lessee's requirements. Decision from such expert shall be definitive. On the date that is 120 days after approval by Lessee (or by the above-mentioned expert, in its case) Landlord shall have such Improvement incorporated into concluded the Device construction of the Improvements and thereby be incorporated into shall deliver the license granted pursuant to Section 4.1Premises in full operating condition. If Transave determines (by giving written notice Landlord fails to PARI) complete the construction of the Improvements within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Deviceterm, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement Lessee shall not be restricted or limited obliged to pay Rent until the Landlord completes the construction of the Improvements. Construction of Improvements shall not be considered concluded until written approval and acceptance by Lessee is obtained, which must not be unreasonably withheld. The parties shall negotiate and agree an increase in any waythe Rent as a result of the cost of construction of the Improvements.

Improvements. Notwithstanding anything (a) No later than August 1st of each calendar year during the Lease Term, Lessee shall notify Lessor in writing of any Improvements that Lessee proposes to make in the contrary in this Agreement, if PARI develops an incremental Improvement, then PARI succeeding calendar year. Each such notice shall incorporate such Improvement into the Device, without further consideration, if include: (i) it is not contractually prohibited from doing so by a description of the agreement under which Improvements and the design and material equipment to be used in connection with such Improvement was developed, Improvements; (ii) PARI generally incorporates such Improvement into an eFlow a proposed timeline for use in CFdesigning, Bronchiectasis or such Secondary Indication (but in this instance onlyengineering, without reference to procuring, permitting and constructing each of the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, Improvements; and (iii) it the expected total and monthly capital costs for Lessee to design, engineer, procure, permit and construct each of the respective Improvements. Lessee shall provide to Lessor such additional information with respect to the Improvements as Lessor may reasonably request. (b) Lessee shall be obligated to obtain any Authorizations required to design, engineer, procure, permit, construct and operate any Improvement, including any PSCW Authorizations that would be applicable if the Improvement was proposed to be constructed and/or owned by a public utility in Wisconsin. The Parties agree that they will not, either separately or jointly, attempt to avoid PSCW regulation and oversight of Improvements, including by dividing an Improvement into a series of renewals, replacements, improvements, enhancements, modifications, alterations or additions any one or a number of which would not be of sufficient cost to mandate PSCW oversight. (c) Lessor shall finance all capital costs with respect to any Improvement so long as the Lessee’s senior unsecured indebtedness is consistent rated at least Investment Grade. Lessor and Lessee shall promptly meet to agree on: (i) the final design and material equipment to be used in connection with the Specifications Improvements; (ii) the final timeline for designing, engineering, procuring, permitting and constructing each of the Improvements; and (iii) the total capital costs and the applicable regulatory requirements. monthly capital costs required to design, engineer, procure, permit and construct each of the Improvements. (d) If an Improvement Lessor does not agree to fund the cost of any Improvements, or otherwise is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right unable to do so, offer Transave an opportunity Lessee may make, or cause to review be made, any such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayImprovements.

Improvements. Notwithstanding anything Section 6.1 - Landlord's Responsibilities. (a) Landlord, at its own cost and expense, shall construct that portion of the Premises required in Exhibit "GCS1.0" to be constructed by Landlord at its sole cost and expense, all in accordance with Exhibit "GCS1.0" and all in a good and workmanlike manner and in compliance with all applicable laws, regulations, rules and ordinances. As part of such work, Landlord shall construct a dome to raise the ceiling directly in front of the main entrance of the Premises to at least seventeen (17) feet from the floor of the Shopping Center in that same area in accordance with plans and specifications mutually agreed upon by both parties, which agreement shall not be unreasonably withheld by either party. (b) Landlord warrants that its work shall be delivered free and clear of liens, encumbrances and violations or conditions which may constitute violations of any laws, ordinances, or regulations relating to the contrary use, occupancy and construction of the Premises and the building containing the same. (c) Landlord, at Tenant's sole cost and expense, shall construct in this Agreementaccordance with Exhibit "GCS1.0" that portion of the Premises required in Exhibit "GCS1.0" to be constructed by Landlord at Tenant's sole cost and expense ("Chargebacks"). Landlord may, if PARI develops an incremental Improvementat its sole option, then PARI shall incorporate such Improvement into bill ▇▇▇▇▇▇ ▇▇▇ the Device, without further consideration, if (i) it is not contractually prohibited from doing so by Chargebacks following the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6RCD, and Tenant shall pay Landlord the Chargebacks no later than twenty (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (6020) days from following receipt of a description Landlord's billing. (d) By the earlier to occur of such Improvement and a plan one hundred twenty (120) days after Tena▇▇ ▇▇▇es possession of the Premises or the date on which Tenant opens for development business, Tenant shall inform the Landlord, in writing, of such Improvement and possible incorporation into the Device in order for Transave any items that were required to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (performed by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave Landlord which are incomplete or inadequate; otherwise Tenant shall be deemed to have rejected acknowledged that all work required to be performed in connection with the Improvement Premises and PARI any and all obligations to be performed by Landlord on or before the opening of the Premises have been fully performed; except that Tenant shall have no obligation one (1) year from the date Tenant takes possession of the Premises to include inform Land▇▇▇▇ ▇▇ writing of any latent defects in any items that were required to be performed by Landlord which cannot reasonably be detected within such one hundred twenty (120) days. Section 6.2 - Tenant's Responsibilities. Tenant shall at its own expense and in accordance with Exhibit "GCS1.0": (a) Secure all permits and licenses necessary for the Improvement construction of any of its installations and the prosecution of its work, and Tena▇▇ ▇▇▇ll comply with all laws and regulations relating to the conduct of said work. (b) Construct the remainder of the Premises and installations therein and construct the balance of the leasehold improvements necessary to enable Tenant to occupy the Premises as shown in Tenant's plans and specifications as approved by Landlord or Landlord's architect, all in a good and workmanlike manner and in compliance with all insurance requirements and with all applicable permits, authorizations, building regulations, zoning laws and all other government rules, regulations, ordinances, statutes and laws, now or hereafter in effect pertaining to the DevicePremises or Tenant's use thereof. Notwithstanding anything any other provision hereof, any installation to be made or work to be performed by Tenant on or for the contrary in this Agreement, if PARI develops an Improvement and desires Premises prior to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any way.the

Improvements. Notwithstanding anything The primary Improvements constituting the Project are listed below and are more particularly described in the Land Use Plan, the Infrastructure Plan, the Parks and Open Space Plan, the Transportation Plan, the Community Facilities Plan, the Housing Plan, the Schedule of Performance, the Phasing Plan, the SUD and the Design for Development. Developer and Vertical Developers shall design, construct and complete the Infrastructure and the Vertical Improvements, and Qualified Housing Developers shall design, construct and complete the Authority Housing Units, all at the times and subject to the contrary conditions set forth in this AgreementDDA and the Vertical DDA/LDDAs, if PARI develops an incremental Improvementas applicable. In accordance with the terms of this DDA and the Vertical DDA/LDDAs, then PARI Developer and Vertical Developers shall incorporate such Improvement into have the Deviceright and, with regard to certain Improvements identified in this DDA and upon the satisfaction of certain conditions set forth in this DDA, the obligation, to develop the Project shown on the Land Use Plan attached hereto as Exhibit D, in accordance with the Development Requirements, including, without further considerationlimitation, if the Project components listed below, excepting certain improvements to be constructed on the Project Site for which Developer is not responsible as described in Section 1.4 hereof. (a) Geotechnical stabilization of certain portions of Treasure Island and the causeway connecting it to Yerba Buena Island, and addition of fill to raise the surface elevation on those portions of Treasure Island that are to be developed to address flood protection and potential future sea level rise as more particularly described in the Infrastructure Plan; (b) Up to 6,316 Residential Units, of which approximately 5% percent will be Inclusionary Units constructed in accordance with the Housing Plan attached hereto as Exhibit E and more specifically defined in Exhibit A (the “Housing Plan”) (with up to an additional 1,684 below market rate Residential Units to be designed, constructed and completed by Qualified Housing Developers on behalf of the Authority and TIHDI in accordance with the Housing Plan), provided however, that the total percentage of below-market rate Residential Units, including Inclusionary Units, may be adjusted upwards from 25% to 30% in accordance with Section 9.1 of the Housing Plan; (c) Up to approximately 140,000 square feet of new commercial and retail space with accessory parking; (d) Up to approximately 100,000 square feet of new office space with accessory parking; (e) Adaptive reuse of Buildings 1, 2, and 3 on Treasure Island with up to 311,000 square feet of commercial/flex space (the adaptive reuse would include approximately 67,000 square feet of additional retail, which, when combined with the 140,000 square feet of new retail yields a total of 207,000 square feet of retail space proposed on the Islands) with accessory parking; Island; (f) Adaptive reuse of certain of the historic buildings on Yerba Buena (g) Up to approximately 500 hotel rooms or Fractional Interest Units; (h) New and/or upgraded public and community facilities, including a new joint police/fire station and funding for upgraded school facilities on Treasure Island, and Developable Lots for the development by Authority or third parties of the Treasure Island Sailing Center, an Environmental Education Center and other community facilities, as more particularly described in the Community Facilities Obligations attached hereto as Exhibit F; (i) it is not contractually prohibited from doing so by New and/or upgraded public utilities, including the agreement under which such Improvement was developedwater distribution system, wastewater collection system, recycled water storage and distribution system, storm water collection and treatment system, Developable Lots to accommodate the Wastewater Treatment Facility and other SFPUC improvements, as more particularly described in the Infrastructure Plan; (iij) PARI generally incorporates such Improvement into an eFlow Up to approximately 300 acres of parks and public open space, as more particularly described in the Parks and Open Space Plan; (k) New and/or upgraded streets and public ways as more particularly described in the Infrastructure Plan; (l) Bicycle, transit, and pedestrian facilities as more particularly described in the Infrastructure Plan; (m) Landside services for use the Marina as more particularly described in CFthe Infrastructure Plan and Section 8.3 hereof, Bronchiectasis and (n) A ferry quay/bus intermodal transit center (“Transit Hub”) as more particularly described in the Infrastructure Plan; and (o) Such additional environmental remediation work more particularly described in the Infrastructure Plan after issuance of one or such Secondary Indication (but more FOST(s) for the Project Site. The Parties acknowledge and agree that the density and intensity of development as set forth in this instance only, without reference to Section 1.3 form the Drug Product contained basis of Developer’s financial expectations for the Project and the Proforma. The particular land uses and locations are shown in the definition of Secondary Indication in Section 1.50) that has been included Land Use Plan and defined more particularly in the Transave Field pursuant to Section 2.6SUD, and (iii) it is consistent with the Specifications Area Plan and the applicable regulatory requirementsDesign for Development. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to Design controls governing the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement Project are set forth in the DeviceDesign for Development. The Land Use Plan is provided for the purposes of indicating the general type, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period pattern and location of its desire to benefit from the Improvementdevelopment as shown, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement but shall not be restricted construed as a regulating document with regard to land uses or limited in any waydevelopment standards, both of which are regulated and controlled by the SUD, Area Plan and the Design for Development.

Improvements. Notwithstanding anything Any and all improvements to the contrary Premises shall be made in this Agreementaccordance with Lease Section 3: Construction of Improvements and in accordance with all applicable state and municipal building codes, if PARI develops an incremental Improvement, then PARI except that Landlord shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has have the right to do socharge a one-time supervisory fee of $2,500.00 to be paid by Tenant to Landlord as Additional Rent. Subject to Landlord’s right of approval (which shall not be unreasonably withheld, offer Transave delayed or conditioned), Tenant may select and engage its own preferred contractors, subcontractors, architects, engineers and consultants to perform such work. Landlord shall provide to Tenant an opportunity allowance of up to review such Improvement $739,228.00 toward the hard and soft costs associated with said improvements (the “2018 TI Allowance”). The 2018 TI Allowance may be used for the costs of design, preparation, renovation and construction of the Premises, and may also be applied to non-Building related costs including without limitation permitting, space plans, moving, architectural and engineering, wiring and cabling, special electrical power distribution, telephone and security systems. Any time prior to the second (2nd) anniversary of the execution date hereof, Tenant shall have the on-going right to request the 2018 TI Allowance, or a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (portion thereof, by giving written notice to PARILandlord to be accompanied by all invoices, lien waivers and/or municipal certificates, when applicable, to substantiate the work completed. Provided Tenant meets the conditions herein, Landlord shall reimburse Tenant for the amount requested, not to exceed the full amount of the 2018 TI Allowance, within thirty (30) within such sixty days of Landlord’s receipt of written notice and documentation as aforesaid. Any unused portions of the 2018 TI Allowance not requested beyond the second (602nd) day period that it desires to benefit from anniversary of the Improvement and include the Improvement in the Device, such Improvement execution date hereof shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayforfeited.

Improvements. Notwithstanding anything Landlord agrees to perform, at Landlord's expense (except as hereinafter provided), the work ("Landlord's Work") within the Premises described in or shown on, and substantially in accordance with, the Construction Drawings. Tenant shall, at its expense (except as provided in the next sentence), prepare the construction drawings (the "Construction Drawings") for Landlord's Work. Provided that Tenant is not in default under this Lease beyond the expiration of applicable notice and cure periods and shall have taken occupancy of the Premises for business, Landlord shall reimburse Tenant up to $55,908.17 (the "Plan Allowance") for the architectural and engineering fees incurred by Tenant in preparing the Construction Drawings, such reimbursement to be made within thirty (30) days of Landlord's receipt of a reasonably detailed invoice from Tenant describing such fees. The Construction Drawings shall be subject to Landlord's approval; and Landlord shall have the right, by notice to Tenant at or prior to the contrary time of its approval of the Construction Drawings, to modify the Estimated Substantial Completion Date based upon the nature of the work shown on the Construction Drawings. Tenant agrees that the Construction Drawings shall be prepared in this Agreementa diligent and efficient manner so that Landlord's final approval thereof is obtained by March 15, if PARI develops an incremental Improvement, then PARI 1998. Tenant acknowledges and agrees that the general contractor for Landlord's Work shall incorporate such Improvement into be ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ Inc. ("BB&E"). The general contractor's fee to be charged by BB&E shall not exceed three (3%) percent of the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition aggregate costs of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications Landlord's Work; and the applicable regulatory requirementsgeneral conditions component of the costs of Landlord's Work shall not comprise more than six (6%) percent of the aggregate costs of Landlord's Work. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shallLandlord agrees to require BB&E to obtain, to the extent it has the right reasonably obtainable, bids from no more than five (5) and no less than three (3) subcontractors for all trades necessary to do so, offer Transave an opportunity complete Landlord's Work. All subcontractor bids shall be subject to review such Improvement Tenant's approval. If Tenant fails to respond to a request for a period of sixty (60) days from receipt approval of a description subcontractor bid within three (3) business days of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the DeviceLandlord's request therefor, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave approval shall be deemed given. Landlord agrees to have rejected undertake construction of the Improvement Premises in accordance with the provisions hereof in a good and PARI shall have no obligation to include workmanlike fashion and in compliance with applicable codes. Without limiting the Improvement foregoing, Landlord shall, at its expense (in the Device. Notwithstanding anything addition to the contrary Plan Allowance and Landlord's Contribution, as hereinafter defined), cause the restrooms on each floor of the Premises to comply with the ADA as in this Agreement, if PARI develops an Improvement effect on the date hereof. Tenant's vendors and desires to obtain patent protection for such Improvement, PARI contractors shall be free permitted entry to obtain the Premises prior to the Term Commencement Date for the installation of Tenant's equipment and furnishings (including cabling and wiring) and the performance of such protection and other work as Tenant may take all steps necessary, appropriate or advisable theretodesire (subject to the provisions of Section 5.5 hereof), provided that Transavesuch installation and other work shall not unreasonably interfere with the performance of Landlord's rights Work. Landlord shall use reasonable efforts to coordinate and schedule Landlord's Work so that Tenant may perform its work on a floor-by-floor basis. In the event that Tenant shall request and Landlord shall approve supplementary plans or specifications or work or changes to the Construction Drawings, then Landlord shall render to Tenant an estimate of the additional cost of such plans or specifications, work or changes and (unless such cost, when added to the other costs of Landlord's Work, will not exceed Landlord's Contribution) Tenant shall pay such amount to Landlord prior to Landlord having any obligation to undertake any such work; provided, however, that Tenant shall be responsible for any delays in the performance or substantial completion of Landlord's Work on account of any such supplementary plans or specifications, work or changes requested by Tenant. Landlord shall notify Tenant of any such delays, and of any delays caused by any change order requests initiated by Landlord, promptly upon Landlord becoming aware of the same. The costs and expenses to prepare any supplementary plans or specifications or to make any changes to the Construction Drawings shall be Tenant's responsibility. Landlord shall respond to any request for approval under this Agreement paragraph within three (3) business days of Tenant's written request therefor; and if Landlord fails to respond within such three (3) business day period, Landlord's approval of the supplementary plans or specifications or work or the changes to the Construction Drawings shall be deemed given. Landlord shall contribute $17.50 per square foot of rentable area of the Premises ("Landlord's Contribution") towards the costs of Landlord's Work, which costs shall include, without limitation, demolition costs and the costs, if any, incurred by Landlord to engage an architect or engineer to review the Construction Drawings to determine their compliance with the ADA. Tenant shall reimburse Landlord for all costs of Landlord's Work in excess of Landlord's Contribution within thirty (30) days of billing(s) from time to time (whether before or after the Term Commencement Date) therefor (accompanied by documentation supporting such excess costs). If Landlord's Contribution exceeds the costs of Landlord's Work and Tenant is not in default under this Lease beyond the expiration of applicable notice and cure periods, such excess shall, at Tenant's election, be restricted paid by Landlord to Tenant within thirty (30) days of Tenant's notice to Landlord of such election or limited in any waybe credited against Tenant's obligation to pay Base Rent until such excess is reduced to zero.

Improvements. Notwithstanding anything Subject to the contrary in terms of this Escrow Agreement, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if Escrowed Funds may be used only for roadway improvements that are necessary in order to re-open (ithe “Improvements”) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference that portion of ▇▇▇▇▇ Trail located on and adjacent to that certain real property adjacent to the Drug Product Property and indicated on Exhibit A hereto (such portion, the “Road”). The City will cause the Improvements to be made to the Road pursuant to that certain proposal dated August 22, 2024, from ▇▇▇▇▇▇▇▇ Asphalt & Concrete Paving, LLC (“▇▇▇▇▇▇▇▇”) as attached hereto and made a part hereof as Exhibit B (the “Road Improvements Proposal”), with construction commencing within thirty (30) days following the Effective Date, and completion of such construction within six (6) months following the Effective Date. The City shall execute the Road Improvements Proposal and deliver a copy of such executed proposal to Developer and Owner promptly following its execution. To the extent that ▇▇▇▇▇▇▇▇ seeks or requests that the scope of work or cost of materials contained in the definition of Secondary Indication in Section 1.50Road Improvements Proposal increases by ten percent (10%) that has been included or more in the Transave Field aggregate, the City shall notify Developer and Seller of such proposed modifications and shall only consent to such modifications after receiving consent from the Seller and Developer. The Escrowed Funds (or such part of the Escrowed Funds as may be necessary to complete the Improvements) may be used to pay ▇▇▇▇▇▇▇▇ for the expenses incurred for the construction of the Improvements as set forth in the Road Improvements Proposal and pursuant to Section 2.6the terms of this Escrow Agreement; provided, and (iii) it is consistent however, that any cost or expense in excess of the Escrowed Funds related to or in connection with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement Improvements shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period responsibility of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any wayCity.

Improvements. Notwithstanding anything to the contrary in this Agreement, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's ’s rights under this Agreement shall not be restricted or limited in any way.

Improvements. Notwithstanding anything to Lessee shall construct, upon the contrary in this AgreementLeased Premises, if PARI develops an incremental Improvementthe following improvements (collectively, then PARI shall incorporate such Improvement into the Device, without further consideration, if “Initial Improvements”): (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, a general aviation terminal consisting of at least 3,000 square feet; (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50aircraft hangar(s) that has been included in the Transave Field pursuant to Section 2.6, and totaling 20,000 square feet; (iii) it is consistent with above ground storage tanks to accommodate the Specifications storage of jet fuel and avgas; and (iv) all ancillary improvements necessary for the operation of the Permitted Use, including but not limited to taxi-lanes, vehicle parking lanes, utilities and other facilities or improvements outlined in the Lease Agreement (Exhibit 4). Any improvements constructed or installed by Lessee in addition to the foregoing shall be deemed “Additional Improvements” for purposes of this Agreement. For Initial Improvements and Additional Improvements , Lessee shall have the right, at its sole expense, to improve, modify and make additions to the land leased to Lessee; provided, however, that prior to any construction, improvements or additions to facilities, including outdoor storage of materials and/or signage, Lessee must first obtain from Lessor the prior written approval of all plans and specifications for any and all construction, improvements or additions, which approval will not be unreasonably withheld. Factors relevant to approval include but are not limited to: aesthetic interior or exterior appearance, the safety of the Airport, and the applicable regulatory requirementsextent of interference with other tenants' activities. If an Improvement is not an incremental Improvement All construction and improvements undertaken by Lessee shall be completed in a workmanlike manner without damage to existing facilities or interference with other tenant/airport activities. Lessee agrees to build approved capital improvements in accordance with Airport’s Master Plan and in accordance with pavement standards and requirements necessary to support critical aircraft (e.g., a major Improvement or a new 510(kGlobal Express 8000) is or will be filed), then PARI shall, to the extent Lessee determines that the demand for services and needs have increased sufficiently to justify additional capital expenditures by Lessee, as well as in accordance with the Lessor’s current Architectural Guidelines. The Lessor represents and warrants to the Lessee that the Leased Premises is suitable for the operation of the Permitted Use and construction of the Initial Improvements and that the Lessor has no knowledge of any matter which would reasonably be anticipated to adversely affect such operation or construction. If ▇▇▇▇▇▇’s request for improvements is granted by ▇▇▇▇▇▇, then the following conditions shall apply: (a) Lessee shall be required to obtain, at its sole cost and expense, all required permits and licenses necessary and will comply with applicable zoning laws, building codes, and other laws and regulations of all appropriate governmental entities, including the State of Florida, Polk County and the City of Lakeland as it has relates to the right construction or installation of approved improvements and additional improvements to do sothe Leased Premises. (b) ▇▇▇▇▇▇ expressly agrees for itself, offer Transave successors and assigns, to restrict the height of all structures, objects and/or natural growth in and upon the Leased Premises determined by the FAA to constitute an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted obstruction or hazard pursuant to Section 4.114 C.F.R. Part 77, as may be amended from time to time. If Transave determines (by giving written notice ▇▇▇▇▇▇ agrees to PARI) within such sixty (60) day period that it desires to benefit from comply with the Improvement notification and include the Improvement review requirements of said regulations in the Deviceevent any future structure or building is planned for the Leased Premises, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement or in the Device. Notwithstanding anything event of any planned modification or alteration of any present or future building or structure situated on the Leased Premises. (c) ▇▇▇▇▇▇ agrees to hire only licensed contractors and subcontractors and to indemnify the contrary Lessor in this Agreement, if PARI develops an Improvement the event of any loss or damage resulting from work performed by ▇▇▇▇▇▇’s contractors and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any waysubcontractors on the Leased Premises.

Improvements. Notwithstanding anything 3.1 Performance of Work and Approval of Landlord's Work. Landlord shall cause to be performed the work required by Exhibit B ("Landlord's Work"). All such work shall be done in a good and workmanlike manner employing good materials and so as to conform to all applicable governmental laws, ordinances and regulations. Tenant agrees that Landlord may make any changes in such work which may become reasonably necessary, other than substantial changes, without approval of Tenant, provided notice is promptly given to Tenant; and Landlord may make substantial changes in such work, with the written approval of Tenant, which Tenant agrees will not be unreasonably withheld. Landlord's Work shall be substantially completed by the Delivery Date, subject to the contrary provisions of Section 9.5 hereof. Landlord agrees that as of the Commencement Date the access and other common areas appurtenant to the Premises will be in this Agreementcompliance with the American's with Disabilities Act and Tenant agrees that modifications to the Premises that may be required under the American's with Disabilities Act because of the disability of a particular employee of Tenant shall be made by Tenant at its expense. Landlord and Tenant acknowledge that included in the Landlord's Work is the installation of certain ▇▇▇▇▇▇ ▇▇▇▇▇▇ Systems Furniture (the "▇▇▇▇▇▇ Furniture"). Landlord has purchased the ▇▇▇▇▇▇ Furniture and amortized the cost of the same over seven years so that the annual rent for each year of the Term includes 14.29% of the partition cost. Accordingly, if PARI develops an incremental Improvementat the expiration of the Term, then PARI shall incorporate such Improvement into and provided no Event of Default has occurred that has not been cured at the Deviceexpiration of the Term, without further consideration, if Landlord agrees Tenant may either (i) it is not contractually prohibited remove 57 percent of ▇▇▇▇▇▇ Furniture from doing so by the agreement under which such Improvement was developedPremises, or (ii) PARI generally incorporates pay Landlord $105,232.00, which will be the remaining unamortized cost of the ▇▇▇▇▇▇ Furniture at the end of the Term, and thereafter remove all of the ▇▇▇▇▇▇ Furniture, in either case such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference removal to be completed not more than 30 days prior to the Drug Product contained expiration of the Term and the Premises are to be otherwise in the definition of Secondary Indication in condition required by Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any way5.1.10.

Improvements. Notwithstanding anything Lessor has established or may establish specifications for certain Building standard components to the contrary in this Agreement, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained be used in the definition construction of Secondary Indication in Section 1.50the “Improvements” (as that term is defined below) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is Premises. The quality of the Improvements shall be materially consistent with the Specifications quality of such Building standards, provided that Lessor may, at Lessor’s option, require the Improvements to comply with certain Building standards. Lessor may make changes to said specifications for Building standards from time to time, which changes shall only be applicable to the Premises after the completion of the Improvements. Using Building standard materials, components and finishes, in a good and workmanlike manner, Lessor shall cause the applicable regulatory requirementsinstallation and/or construction of the improvements in the Premises (the “Improvements”) pursuant to that certain space plan and basis of design attached to this Second Amendment as Exhibit B (the “Space Plan”). If an Improvement Lessee shall make no changes, additions or modifications to the Improvements or the Space Plan or require the installation of any “Non-Conforming Improvements” (as that term is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be fileddefined in Article 2 of this Work Letter), then PARI shallwithout the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the substantial completion of the Improvements or impose any additional costs (unless Lessee agrees to bear such additional costs). Notwithstanding the foregoing or any contrary provision of this Second Amendment, all Improvements shall be deemed Lessor’s property under the terms of the Lease (as amended) and Lessee shall neither be required to remove the Improvements nor any other Alterations or Utility Installations that are currently within the Premises at the expiration or earlier termination of the Lease. In addition, to the extent it has that any code compliance upgrades are required in the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device Premises or Common Areas in order to allow Lessee to obtain a certificate of occupancy, or its legal equivalent, for Transave the Premises for research and development and related laboratory, office, and administrative uses assuming normal and customary office occupancy density, Lessor, at Lessor’s sole cost and expense (i.e., not to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice Operating Expenses) shall cause the Common Areas and the Premises to PARI within comply with applicable building codes and other governmental laws and ordinances, and regulations related to handicap access, which were enacted and enforced as of the sixty (60) day period date of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any waySecond Amendment.

Improvements. Notwithstanding anything Tenant agrees to accept the Premises in the condition existing as of the date of this Lease. Landlord represents to the contrary in this Agreementbest of its knowledge, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if that (i) it is not contractually prohibited from doing so by has no knowledge of any material defect at or to the agreement under which such Improvement was developedPremises, (ii) PARI generally incorporates such Improvement into an eFlow for use in CFthat the heating, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to ventilation and air-conditioning system is operating properly as of the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6date hereof, and (iii) it that the Premises are in compliance with all applicable codes as of the date of the Commencement of the Term of this Lease and that the space is consistent habitable for the purposes intended for Tenant, (iv) that the exterior of the Premises (including the parking area and sidewalks are in compliance with the Specifications Americans With Disabilities Act. If there are any initial changes to be made by Landlord or Tenant (with Landlord's prior written approval), such changes, together with the estimated and allocated costs for such changes, shall be set forth in Exhibit B, Up-fit Improvements, to be initialed by both Landlord and Tenant. Unless expressly stated in Exhibit B to the contrary, Tenant shall be responsible for the cost of the Up-fit improvements and agrees to pay Landlord or its designee a charge of ten thousand and No/100 Dollars ($10,000.00) for construction consulting services, including, without limitation, the reviewing of plans and specifications, and the applicable regulatory requirementsinspecting and coordinating of construction. If an Improvement This charge is payable not an incremental Improvement later than thirty (e.g., a major Improvement 30) days after completion of the Up-fit Improvements. Landlord or a new 510(k) is Landlord's agents have made no representations or will be filed), then PARI shall, promises with respect to the extent it has Premises or the right to do so, offer Transave an opportunity to review such Improvement for a period Building except as expressly set forth herein. The taking of sixty (60) days from receipt possession of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (Premises by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement Tenant shall be automatically included conclusive evidence as against Tenant, that Tenant accepts the same "as is" and "where is" and that the Premises and Building were in PARI Intellectual Propertygood condition at the time when possession was taken by Tenant. If Transave Landlord may at any time construct additional buildings or improvements in any part of the common areas, so long as the same does not give written notice to PARI within materially interfere with Tenant's use and operation at the sixty (60) day period of its desire to benefit from the ImprovementPremises, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessaryremodel or remove the Building or any existing building in any part of the common areas. Any sidewall of the Premises may be used by Landlord as a "party wall" for other buildings or improvements. However, appropriate in connection with Landlord's construction of any additional buildings or advisable theretoimprovements, provided that TransaveLandlord shall not unreasonably interfere with Tenant's use and occupancy of the Premises or impair Tenant's rights under this Agreement Lease. For any improvements or alterations made at the Premises, Tenant shall not have the right to select and hire its own contractor, provided that Landlord reasonably approve said contractor and all plans and specifications for such improvements and alterations. For minor future improvements, there will be restricted or limited in any wayno construction management fee; for significant improvements made by Tenant, the construction management fee will be negotiated.

Improvements. Notwithstanding anything (a) Tenant is already occupying the Premises and accepts the same in its “as-is” condition for the Extension Term, except as expressly provided herein and subject to the contrary terms and conditions of the Lease, including but not limited to the parties’ maintenance, repair and replacement obligations under the Lease. Landlord will, at its sole cost and expense (except as set forth below and without regard to estimated costs set forth on Exhibit “C” or “D”), which costs and expenses shall include all costs for architectural and engineering planning and documents, complete construction of the Premises in accordance with Space Plan 1 (showing new construction), Space Plan 2 (showing demolition work), the Scope of Work, ▇▇▇▇▇▇’▇ Mechanical HVAC Equipment Survey, and Fiberplus Quote for Richmond Location Access Control, attached hereto as Exhibits “A”, “A-1,” “B,” “C” and “D” respectively and incorporated herein by this Agreementreference (collectively, the “Improvements”). As set forth in the Scope of Work, Landlord shall, at its sole cost and expense (except as set forth below and without regard to estimated costs set forth on Exhibit “C” or “D”), replace the HVAC units identified as Unit Numbers 31, 32, and 35 with similarly sized comparable units and perform all work associated with the installation of data, telephone and security systems serving the Premises. Notwithstanding any provision of this Amendment to the contrary, if PARI develops an incremental ImprovementTenant requests any changes to the Space Plans, then PARI the Scope of Work, the approved drawings and specifications or any additional work (the “Tenant Changes”), Tenant must present Landlord with revised drawings and specifications. As a condition of its approval, Landlord shall require that Tenant pay for the cost of the Tenant Changes. If Landlord approves the Tenant Changes, Landlord will incorporate such Improvement into changes in the Device, without further consideration, if Improvements. The cost of the Tenant Changes shall be deemed additional rent and shall be paid by Tenant to Landlord within ten (i10) it is not contractually prohibited days following receipt or refusal of an invoice from doing so by Landlord regarding the agreement under which such Improvement was developed, same. (iib) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference Landlord’s obligations with respect to improvements and alterations of the Premises shall be limited to the Drug Product contained Improvements. Otherwise, Landlord will provide the Premises in its current “as is” condition, except as expressly provided herein and subject to the definition terms and conditions of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant Lease, including but not limited to Section 2.6the parties’ respective maintenance, repair and (iii) it is replacement obligations under the Lease. The Improvements will be constructed using Building standard materials consistent with the Specifications materials used in comparable buildings in the Glen Allen, Virginia submarket and shall comply with the Americans with Disabilities Act, as amended, and the applicable regulatory requirementsregulations issued pursuant thereto. (c) The parties acknowledge that Landlord’s ability to complete the Improvements is dependant upon Landlord obtaining access to the Premises, which access is subject to the terms of the Lease. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or Tenant will be filed), then PARI shall, responsible for granting Landlord access to the extent it has Premises for the right purpose of completing the Improvements and will permit Landlord unfettered access to do sothe Premises in order to allow Landlord to complete the Improvements therein. Within a reasonable time period following the execution of this Amendment, offer Transave an opportunity Landlord and Tenant shall establish a mutually-acceptable construction schedule for the completion of the Improvements (Landlord and Tenant each agreeing to review negotiate in good faith to arrive at such Improvement for a period mutually-agreeable construction schedule). Landlord agrees to promptly commence and thereafter diligently pursue completion of sixty (60) days from construction of the Improvements upon approval of the construction schedule, receipt of a description permits and approval of such Improvement and a plan for development the plans. During the construction of such Improvement and possible incorporation into the Device Improvements, Tenant shall not interfere with Landlord or hinder Landlord in any way in its efforts to complete the Improvements. In addition, Tenant shall timely remove all property from the portion of the Premises where work is being performed in order for Transave to determine whether facilitate Landlord’s ability to complete construction of the Improvements. The parties acknowledge that the completion of the Improvements may interfere with the Tenant’s use of the Premises, and it wishes to have is hereby expressly agreed that such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement interference shall not be restricted deemed a constructive eviction of Tenant, nor shall it work an abatement of Base Rent or limited in any wayother amounts due under the Lease. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business operations during the construction of the Improvements, which shall not obligate Landlord to construct the Improvements during non-business hours or on weekends.

Improvements. Notwithstanding anything (a) Prior to the contrary Expansion Premises Commencement Date, Landlord will, at its sole cost and expense, complete construction of the Expansion Premises in this Agreementaccordance with the final space plan, if PARI develops an incremental Improvementattached hereto as Exhibit B-1 (the “Space Plan”) and the scope of work, then PARI attached hereto as Exhibit B-2 (the “Scope of Work”). The improvements set forth on the Space Plan and in the Scope of Work are hereinafter collectively referred to as the “Improvements.” (b) Landlord’s obligations with respect to improvements and alterations of the Expansion Premises shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference be limited to the Drug Product contained Improvements set forth on the Space Plan and in the definition Scope of Secondary Indication Work, attached hereto as Exhibits B-1 and B-2, respectively. Otherwise, Landlord will provide the Expansion Premises in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) it is its current “as is” condition. The Improvements will be constructed using Building standard materials consistent with the Specifications and materials used in comparable buildings in the applicable regulatory requirements. Sterling, Virginia submarket. (c) If an Improvement is not an incremental Improvement Tenant requests any changes to the Space Plan, the Scope of Work, or the Improvements (e.g., a major Improvement or a new 510(k) is or will be filedthe “Tenant Changes”), then PARI shallTenant must present Landlord with revised drawings and specifications for Landlord’s prior approval, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement which approval shall not be restricted unreasonably withheld, conditioned or limited in delayed. If Landlord approves the Tenant Changes, Landlord will incorporate such changes into the Improvements and, notwithstanding any wayprovision of this Lease to the contrary, Tenant shall pay the cost of such Tenant Changes to Landlord as Additional Rent within thirty (30) days following receipt of an invoice from Landlord regarding the same.

Improvements. Notwithstanding anything 3.1 The City acknowledges that the Owners are required to install certain municipal improvements, including paved roads, lateral storm and sanitary sewers, water distribution mains, power, curbs, gutters and sidewalks in excess of the contrary in requirement for the Said Lands (the “Requirement"), and which will benefit the land shown cross-hatched, on Schedule "E". If within ten (10) years of the date of execution of this Agreement, if PARI develops all or any part of the land shown cross-hatched is developed or subdivided, as the case may be, the City shall enter into agreements with the applicants for development permits or subdivision approval (the “Future Developers"), requiring the Future Developers to pay an incremental Improvementamount in respect of those municipal improvements. If the Requirement has been constructed and as-constructed costs are available or can be readily determined, including engineering, surveying and administration, then PARI shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited City will collect the as-constructed costs from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, Future Developers and (iii) it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of within sixty (60) days from receipt of a description of pay those funds to the Owners, or such Improvement and a plan for development of such Improvement and possible incorporation into portion thereof as the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1City actually collects. If Transave determines (by giving written notice the Requirement has not been constructed, then the City will collect from the Future Owners the estimated costs of construction, including engineering, surveying, administration and contingency, which are estimated to PARI) be $ "Boundary Conditions Receivable Amount" , inclusive of Sales Taxes, and within such sixty (60) day period that it desires days pay those funds to benefit the Owners, or such portion thereof as the City actually collects. Nothing in this Article shall oblige the City to pay to the Owners any amount which the City is prevented by law from recovering from the Improvement Future Developers. 3.2 The covenants contained in Article 3.1 of this Schedule “D” are subject to and include conditional upon the Improvement in owners of the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything lands providing a utility easement to the contrary City upon terms and conditions agreeable to the City and in a form acceptable to the Corporate Services, Law Branch of the City permitting the municipal improvements to be on the aforementioned lands, and permitting their maintenance, within forty five (45) days of the date of entering into this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in any way.

Improvements. (a) Notwithstanding anything to the contrary contained or implied in the Lease, hereby, Tenant agrees that, except as specifically and expressly provided in Subsection 2(b) below, it will accept possession of the Premises, in an “AS IS, WHERE IS” condition, and that no representations, warranties, or inducements, with respect to any condition of the Premises have been made by Landlord, or its designated representatives, to Tenant, or its designated representatives. In furtherance of the foregoing, Tenant hereby acknowledges that, except as specifically and expressly provided in Subsection 2(b) below, no promises to decorate, alter or improve the Premises either before or after the execution of this AgreementLease have been made to Tenant, or its designated representatives, by Landlord, or its designated representatives. (b) Provided Tenant is not in default of the Lease, and subject to and upon the terms and conditions set forth herein, Landlord agrees to construct certain improvements (the “ Premises Improvements”) in the Premises at Landlord’s cost and expense in accordance with the plans prepared by M. ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ dated June 20, 2007, and attached hereto as Exhibit “A-1” (the “Plans”). Tenant acknowledges and agrees that if PARI develops an incremental ImprovementTenant desires any improvements to the Premises Improvements in excess of or different from the Plans (“Changes”), then PARI such Changes shall incorporate be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld provided the same are not structural in nature. Tenant shall be responsible for the costs of such Improvement into the DeviceChanges (including, without further considerationlimitation, if design, construction and construction management costs, and any architectural fees, space planning, engineering fees and construction management fees), and of any delays resulting there from, all of which costs shall be payable at the time Tenant authorizes such Changes to be performed in the Premises (i.e., upon Tenant’s approval of the final working drawings and specifications and/or Tenant’s and Landlord’s approval of any change order in connection with such Changes). Any approval by Landlord of, or consent by Landlord to, the Plans or other items to be submitted to and/or reviewed by Landlord pursuant to this Lease, shall be deemed to be strictly limited to an acknowledgment of approval or consent by Landlord thereto, and such approval or consent shall not constitute the assumption by Landlord of any responsibility for the accuracy, sufficiency or feasibility of the Plans, and shall not imply any acknowledgment, representation or warranty by Landlord that the design is safe, feasible, structurally sound or will comply with any legal or governmental requirements, and Tenant shall be responsible for all of the same. Subject to the foregoing, Tenant’s occupancy of any portion of the Premises shall be conclusive evidence that Tenant has accepted the Premises and shall be deemed conclusively to establish that Landlord’s construction obligations with respect to the Premises have been completed in accordance with the Plans. Ack. No. 013 - Revised 1/06 (c) If Landlord shall be delayed in substantially completing Landlord’s construction of the Premises Improvements as a result of: (i) it is not contractually prohibited from doing so the incorporation by Tenant of any non-building standard materials, finishes or installations into the work contemplated by the agreement under which such Improvement was developed, Plans; (ii) PARI generally incorporates Tenant’s Changes to the Plans; (iii) Tenant’s failure to timely furnish any revisions of the Plans in connection with any Changes to the Plans; (iv) Tenant’s failure to pay to Landlord in a timely manner the costs referenced in Subsection 2(b) hereof with respect to any Changes to the Plans; or (v) any other act or omission caused by or on behalf of Tenant, including, without limitation, the breach by Tenant of its obligations under the Lease, as amended hereby (each, a “Tenant Delay”); then Landlord shall not be responsible for any such Improvement into an eFlow delays and the Premises Commencement Date shall be accelerated by the number of days of such delay as more particularly set forth in Section 7 above. (d) Tenant hereby appoints ▇▇▇▇▇ ▇▇▇▇▇▇ as the authorized representative of Tenant for purposes of dealing with Landlord with respect to all matters involving, directly or indirectly, the Plans and the Premises Improvements, including, without limitation, any Changes to the Plans (such person hereafter referred to as the “Designated Representative”). Tenant hereby represents and warrants to Landlord that the Designated Representative has the requisite power and authority to deal with Landlord in the manner contemplated herein, and that Tenant shall be bound by the acts and omissions of the Designated Representative. (e) Landlord at its discretion may permit Tenant and its agents to enter the Premises up to two (2) weeks prior to the Lease Commencement Date to prepare the Premises for Tenant’s use in CF, Bronchiectasis or and occupancy thereof. Any such Secondary Indication (but in this instance permission shall constitute a license only, without reference conditioned upon Tenant’s: (i) working in harmony with Landlord and Landlord’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (ii) obtaining in advance Landlord’s reasonable approval of the contractors proposed to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, be used by Tenant; and (iii) it is consistent furnishing Landlord with the Specifications and the applicable regulatory requirementssuch insurance as Landlord may reasonably require against liabilities which may arise out of such entry. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has Landlord shall have the right to do so, offer Transave an opportunity to review withdraw such Improvement license for a period of sixty any reason upon twenty four (6024) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Device in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. If Transave determines (by giving hours’ written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual PropertyTenant. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement Landlord shall not be restricted or limited liable in any wayway for any injury, loss or damage which may occur to any of Tenant’s property or installations in the Premises prior to the Premises Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Subsection 2(e) shall be governed by the terms of the Lease. (f) If Landlord, for any reason whatsoever, cannot deliver possession of the Premises or any portion thereof, to Tenant on or before September 1, 2007, then (A) this Lease shall not be void or voidable, (B) neither party shall be liable to the other for any loss or damage resulting therefrom, and (C) Tenant shall not be entitled to any compensation, consolation, consideration, replacement of such space, or any or remedy from or against Landlord by reason of such failure or inability to take possession of the Premises Area or any portion thereof except as otherwise expressly set forth in Section 7 of the Lease.

Improvements. Notwithstanding anything a. Landlord shall construct improvements ("Improvements") for the Additional Premises in accordance with the Work Letter Agreement attached hereto as Schedule 1. In connection thereto, Landlord hereby grants to Tenant an "Improvement Allowance" of up to Fifty Two Thousand Seven Hundred Fifty and 00/100 Dollars ($52,750.00), which Improvement Allowance shall be used only for the contrary in this Agreement, if PARI develops an incremental Improvement, then PARI shall incorporate such Improvement into the Device, without further consideration, if (i) it is not contractually prohibited from doing so by the agreement under which such Improvement was developed, (ii) PARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained items specified in the definition of Secondary Indication in Section 1.50) Cost Breakdown, as that has been included term is defined in the Transave Field pursuant to Section 2.6Work Letter Agreement. b. Tenant hereby acknowledges that the Improvements shall be constructed in accordance with Paragraph 7a. hereinabove, while Tenant is in occupancy of the Additional Premises, and (iii) it is consistent Landlord's actions in connection with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or a new 510(k) is or will be filed), then PARI shall, to the extent it has the right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description construction of such Improvement and Improvements shall in no way constitute a plan for development constructive eviction of such Improvement and possible incorporation into the Device in order for Transave Tenant or entitle Tenant to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1any abatement of rent. If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall be automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, Transave shall be deemed to have rejected the Improvement and PARI Landlord shall have no obligation responsibility or for any reason be liable to include Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Improvement construction of the Improvements, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by the construction of the Improvements or Landlord's actions in connection with the Deviceconstruction of the Improvements. Notwithstanding anything the foregoing, Landlord shall use commercially reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy of the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under this Agreement shall not be restricted or limited in Premises during any wayconstruction of the Improvements.