Common use of Permitted Use Clause in Contracts

Permitted Use. Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Use.

Permitted Use. Tenant shall use the Premises solely only for the Permitted Use (as defined in paragraph l[g] hereof). Tenant hereby expressly acknowledges and agrees that the Premises as designed is acceptable for Tenant’s intended commercial purpose. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents unless Tenant pays to Landlord the amount of such increase upon demand. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the project of which the Premises form a part. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of the Premises. Tenant will not, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed), paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the items in the preceding sentence, Tenant will maintain such permitted item in good condition and repair at all times. Outside storage, except for no trucks or other purpose whatsoever vehicles and other short-term (meaning less than two (2) weeks) storage, is also prohibited without Landlord’s prior written consentconsent and must, which may in all cases, be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoingfull compliance with all applicable laws, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United Statesrules, any state or municipalityordinances, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Useregulations and restrictions.

Permitted Use. The Premises shall be used for the sole purpose of general business offices and/or for receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentuse or purpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The overnight parking of automobiles, trucks or other vehicles, and the outside storage of any property including trash or garbage are prohibited. Tenant agrees that it shall, at its own cost and expense keep its employees, agents, customers, invitees, and/or licensees from parking on any streets running through or contiguous to the buildings or development of which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices are part thereof. Tenant agrees that no washing of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density type will take place in the Premises which is greater than including the average occupancy density of the other tenants of the Buildingtruck apron and parking areas. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises objectionable or elsewhere in the Project, nor shall Tenant permit any odorunpleasant odors, smoke, dust, gas, noise or vibration vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of Development or unreasonably interfere with such tenant’s use of their respective premises or permit any use which would adversely affect the reputation of the Development. Tenant shall not use receive, store or otherwise handle any product, material or merchandise at the Premises which is explosive, highly flammable or constitutes a hazardous substance or waste (except for cleaning and similar products used in compliance with applicable law). Tenant shall not permit the use of the Premises to be used for any purpose or (including, without limitation, the storage of merchandise) in any manner that which would invalidate coverage render the insurance thereon void or increase premiums the insurance rate thereof. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Tenant agrees to indemnify and hold Landlord harmless against any and all loss, costs and claims, including attorney’s fees relating to the improper storage, handling, transportation or disposal of explosive, highly flammable or hazardous materials or resulting from any other improper use by Tenant. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the Premises (except that Tenant shall not be responsible for any insurance covering non-compliance of the Landlord’s Work), and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. If, as a result of any change in the Building or governmental laws, ordinances and regulations, the ProjectPremises must be altered to accommodate lawfully the use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; or provided that would interfere the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply with any other tenant’s use or occupancy of the Projectsuch laws, ordinances and regulations. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any take whatever other actions are necessary so that the Premises and Tenant’s use thereof complies with the Fire Prevention Code of the Premises for National Fire Protection Association and any purpose other than Tenant’s Permitted Usefire prevention laws, ordinances, rules or regulations applicable to the Premises.

Permitted Use. Tenant shall The use of the Premises by Tenant and Tenant’s assignees and subtenants and their respective agents, advisors, employees, partners, shareholders, directors, customers, clients, invitees and independent contractors (collectively, “Tenant’s Agents”) shall be solely for Tenant’s the Permitted Use specified in the Basic Lease Information and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any objectionable or unpleasant odor, smoke, dust, gas, noise or vibration to emanate from or near the Premises. Tenant The Premises shall not use be used to create any nuisance or permit trespass, for any illegal purpose, for any purpose not permitted by Laws (as hereinafter defined), for any purpose that would invalidate the use of insurance or increase the Premises premiums for Landlord’s insurance on the Premises, the Building or the Project or for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s tenants’ use or occupancy of the Project. Tenant shall pay to Landlord, as Additional Rent, any increases in premiums on Landlord’s insurance premiums policies resulting from Tenant’s Permitted Use or any other use or action by Tenant or Tenant’s Agents which increases Landlord’s premiums or requires additional coverage by Landlord to insure the Premises. Tenant agrees not to overload the floor(s) of the Building. Tenant shall not use the Premises in any manner that will cause the Building or any part thereof not to conform with the Building’s Sustainability Practices or the certification of the Building issued pursuant to the applicable Green Building Standards, if any; provided, however, that in no event shall such practices or certification requirements have the effect of preventing Tenant from conducting its business at the Premises in a manner consistent with the Permitted Use. Landlord hereby acknowledges that to Landlord’s knowledge, as of the Lease Date the use and occupancy of the Premises for any purpose other than Tenant’s Permitted Useby Safeway and Tenant do not violate the terms or requirements of this Paragraph 9(a).

Permitted Use. The Premises shall be continuously used for the sole purpose of general business offices and/or for receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentuse or purpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The overnight parking of automobiles, trucks or other vehicles, and the outside storage of any property including trash or garbage are prohibited. Tenant agrees that it shall. at its own cost and expenses keep its employees, agents, customers, invitees, and/or licensees from parking on any streets running through or contiguous to the buildings or development of which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices are part thereof. Tenant agrees that no washing of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density type will take place in the Premises which is greater than including the average occupancy density of the other tenants of the Buildingtruck apron and parking areas. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises objectionable or elsewhere in the Project, nor shall Tenant permit any odorunpleasant odors, smoke, dust, gas, noise or vibration vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of Development or unreasonably interfere with such tenants' use of their respective Premises or permit any use which would adversely affect the reputation of the Development. Tenant shall not use receive, store or otherwise handle any product, material or merchandise which is explosive, highly flammable or constitutes a hazardous substance or waste. Tenant shall not permit the use of the Premises to be used for any purpose or (including, without limitation, the storage of merchandise) in any manner that which would invalidate coverage render the insurance thereon void or increase premiums for the insurance rate thereof. Tenant agrees to indemnify and hold Landlord harmless against any insurance covering and all loss, costs and claims, including attorney's fees relating to the improper storage, handling, transportation or disposal of explosive, highly flammable or hazardous materials or resulting from any other improper use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the Premises, and shall promptly comply with all governmental orders and directives for the Building correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the ProjectPremises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises must be altered to accommodate lawfully the use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; or provided that would interfere the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply with any other tenant’s use or occupancy of the Projectsuch laws, ordinances and regulations. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any take whatever other actions are necessary so that the Premises and Tenant's use thereof complies with the Fire Prevention Code of the Premises for National Fire Protection Association and any purpose other than Tenant’s Permitted Usefire prevention laws, ordinances, rules or regulations applicable to the Premises.

Permitted Use. The Premises shall be continously used for the sole purpose of general business offices and/or for receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distibuted by Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentuse or purpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The overnight parking of automobiles, which may be withheld in Landlord’s sole discretion. Without limiting trucks or other vehicles, and the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices outside storage of any agency property including trash or bureau garbage are prohibited. Tenant agrees that it shall, at its own cost and expenses keep its employees, agents, customers, invitees, and/or licensees from parking on any streets running through or contiguous to the buildings or development of which the United States, any state or municipality, or any political subdivision premises are part thereof; (b) offices or agencies . Tenant agrees that no washing of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density type will take place in the Premises which is greater than premises including the average occupancy density of the other tenants of the Buildingtruck apron and parking areas. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises objectionable or elsewhere in the Project, nor shall Tenant permit any odorunpleasant odors, smoke, dust, gas, noise or vibration vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of Development or unreasonably interfere with such tenants' use of their respective premises or permit any use which would adversely affect the reputation of the Development. Tenant shall not use receive, store or otherwise handle any product, material or merchandise which is explosive, highly flammable or constitutes a hazardous substance or waste. Tenant shall not permit the use of the Premises to be used for any purpose or (including, without limitation, the storage of merchandise) in any manner that which would invalidate coverage render the insurance thereon void or increase premiums for the insurance rate thereof. Tenant agrees to indemnify and hold Landlord harmless against any insurance covering and all loss, costs and claims, including attorney's fees relating to the improper storage, handling, transportation or disposal of explosive, highly flammable or hazardous materials or resulting from any other improper use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the Premises, and shall promptly comply with all governmental orders and directives for the Building connection, prevention and abatement of any violations or nuisances in or upon, or connected with, the ProjectPremises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises must be altered to accommodate lawfully the use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; or provided that would interfere the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply with any other tenant’s use or occupancy of the Projectsuch laws, ordinances and regulations. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any take whatever other actions are necessary so that the Premises and Tenant's use thereof complies with the Fire Prevention Code of the Premises for National Fire Protection Association and any purpose other than Tenant’s Permitted Usefire prevention laws, ordinances, rules or regulations applicable to the Premises.

Permitted Use. Tenant shall will use the Premises solely for Tenant’s the Permitted Use as shown on the Lease Summary, and for no other purpose whatsoever without Landlord’s prior written consent, consent (which consent may be withheld in Landlord’s sole discretion). Without limiting Tenant expressly acknowledges and understand that its Permitted Use is non-exclusive and, unless specifically otherwise set forth herein, that other tenants may sell goods or services identical or similar to those sold by Tenant. The Permitted Use set forth herein is a material consideration to Landlord in entering into the generality Lease and for Tenant’s entrance into the Project. Neither Tenant nor any trustee who may be appointed in the event of the foregoingfiling of a petition under the Code (defined below) will conduct, uses prohibited under advertise by sign, or permit the conduct of any second-hand, auction, fire, distress, liquidation, going out of business, or sidewalk sale, any bankruptcy sales, or any other sales of goods outside or otherwise in, from, or on the Project. Tenant will comply with (and cause all Tenant Related Parties to comply with), and this Lease include is subordinate to any and all Underlying Documents now or hereafter affecting the Building and/or the Project. Tenant will not do or permit to be done anything that will invalidate or increase the cost of any property coverage, or other insurance policy covering the Project or any property located therein, and will, at Tenant’s expense, comply with all insurance company and/or Mortgagee requirements pertaining to the use of the Premises or any portion thereof for Premises. Tenant will not (a) offices do or permit anything to be done that would in any way obstruct or interfere with the rights of any agency other tenants or bureau of the United States, any state or municipalityoccupants, or violate any political subdivision thereofrestrictions or exclusive uses set forth in any other tenants’ leases; (b) offices injure, annoy or agencies interfere with the business of any foreign government other tenants or political subdivision thereofoccupants or any of their invitees; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporatecause, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance maintain or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use nuisance arising out of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenantTenant’s use or occupancy of the Premises; or (d) commit or suffer to be committed any waste in or upon the Premises or the Project. Tenant shall pay Landlord, as Additional Rent, any increases will comply with the sustainability practices adopted for the Project from time to time and will not do or permit anything to be done in insurance premiums resulting from any use of or about the Premises that would adversely impact any USGBC or other “green agency” rating or certification which has been obtained or which Landlord may pursue for any purpose other than Tenant’s Permitted Usethe Building and/or Project. Tenant will provide all accurate information reasonably required by Landlord in order to pursue such rating.

Permitted Use. Landlord represents that, to the best of its knowledge, the Initial Premises and each Must Take Expansion Premises can legally be used for Office Use. Tenant shall use and occupy the Premises solely for Tenant’s the Permitted Use and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the BuildingUse. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance use or permit any waste in occupy the Premises for any unlawful purpose, or elsewhere in any manner that will violate the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from certificate of occupancy for the Premises. Tenant shall not use or permit the use of occupy the Premises for any purpose unlawful purpose, or in any manner that would invalidate coverage will violate the certificate of occupancy for the Premises or increase premiums for the Building (provided Landlord acknowledges that Tenant, at its sole costs and expense, may apply and obtain an amendment to the certificate of occupancy to permit any insurance covering Permitted Use not otherwise permitted by the Premisescurrent certificate of occupancy and Landlord, at no expense to Landlord, shall reasonably cooperate with such application upon Tenant’s request) or that will constitute waste or public nuisance or unreasonably interfere with Landlord or any other tenant of the Building (provided that Landlord acknowledges that Tenant’s typical operations often include a large, collaborative, informal and occasionally vocal group discussions and activities which may take place in the Lobby, Amenity Space, the Building proposed lounge on the 2nd Floor or the Project; or outside Building Common Areas and that would such activities do not, per se, unreasonably interfere with any Landlord or other tenant’s use or occupancy of the Projecttenants). Subject to Section 25.26, Tenant shall pay Landlordcomply with all present Requirements concerning the Tenant’s use, as Additional Rent, any increases in insurance premiums resulting from any use occupancy and condition of the Premises for any purpose other than and all machinery, equipment, furnishings, fixtures and improvements therein, all of which shall be complied with in a timely manner at Tenant’s Permitted Usesole expense. If any such Requirement requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Use of the Premises is subject to all covenants, conditions and restrictions of record; Tenant shall not use any space in the Building for the sale of goods to the public at large or for the sale at auction of goods or property of any kind.

Permitted Use. Tenant shall may use the Premises solely for Tenant’s the Permitted Use as shown on the Lease Summary, and for no other purpose whatsoever without Landlord’s prior written consent, consent (which consent may be withheld in Landlord’s sole reasonable discretion). Without limiting Tenant shall comply with all recorded covenants, conditions, and restrictions, and the generality provisions of all ground or underlying leases, now or, so long as the foregoing, uses prohibited under this Lease include same do not materially interfere with Tenant’s use of the Premises or any portion thereof for (a) offices of any agency parking or bureau of materially increase Tenant’s obligations under this Lease, hereafter affecting the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the BuildingProject. Tenant shall not create FUSIONSTORMshall, Inc. – Two Xxxxxx Streetat Tenant’s expense, July 12, 2005 any nuisance or permit any waste in comply with all insurance company and/or Mortgagee requirements pertaining to the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from use of the Premises. Tenant shall not (a) do or permit anything to be done in or about the Premises that would in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project or violate any restrictions or exclusive uses set forth in any other tenants’ leases; (b) injure, or unreasonably interfere with the business of any other tenants or occupants of the Project or any of their invitees; (c) cause, maintain or permit any nuisance arising out of Tenant’s use or permit the use occupancy of the Premises for Premises; or (d) commit any purpose waste in or in any manner that would invalidate coverage or increase premiums for any insurance covering upon the Premises, the Building or the Project; . Tenant acknowledges that the Building and/or Project has, or that would in the future may seek, a USGBC or other “green agency” rating and, as a result, such Building and/or Project will be operated pursuant to Landlord’s sustainable practices (as the same may be modified by Landlord from time to time) and, in connection therewith and so long as the same do not materially interfere with any other tenant’s use or occupancy the operation of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Use.business in the Premises, materially increase Tenant’s obligations under this Lease or materially decrease Tenant’s rights under this Lease, Tenant (i) shall comply with such practices, and

Permitted Use. Tenant shall may use the Premises only for the Permitted Use; provided, however, in no event will Tenant allow the Premises to be used for any purpose that violates this Lease, the Legal Requirements or any Permitted Encumbrance. Tenant may use the Premises for other office or service uses that are generally consistent with the Permitted Use only with Owner’s prior approval, which approval will not be unreasonably withheld, conditioned or delayed as long as the other office or service use is consistent with the terms of this Lease. Tenant agrees that it would be reasonable for Owner to withhold or condition its consent to any residential, industrial, retail or restaurant use. Tenant agrees that with respect to the Permitted Encumbrances, Tenant will observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed solely for with respect to the Premises or Tenant’s Permitted Use use and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Without limiting the generality occupancy of the foregoingPremises. Subject to Tenant’s rights under Section 24 hereof, uses prohibited under this Lease include use of (i) Tenant will not permit any unlawful occupation, business or trade to be conducted on the Premises or any portion use to be made thereof for contrary to applicable Legal Requirements or Insurance Requirements; and (aii) offices of any agency or bureau of the United StatesTenant will not use, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance occupy or permit any waste in of the Premises to be used or elsewhere in the Projectoccupied, nor shall Tenant do or permit any odor, smoke, dust, gas, noise anything to be done in or vibration to emanate from on the Premises. , in a manner which would (1) make void or voidable any insurance which Owner is required hereunder to maintain then in force with respect to any of the Premises, (2) affect the ability of Owner to obtain any insurance which Tenant shall not use is required to furnish hereunder, or permit (3) cause any injury or damage to the Building, unless pursuant to Alterations permitted under Section 13 hereof; provided that Owner hereby confirms that Tenant’s use of the Premises for any purpose or the Permitted Use (i.e., general office and call center uses) is not in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy violation of the Project. Tenant shall pay Landlord, as Additional Rent, any increases restrictions set forth in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted UseSection (1) through (3) hereof.

Permitted Use. The Premises shall be continuously used for the sole purpose of general business offices and/ or for receiving, storing, shipping, selling (other than at retail) and providing products, materials, services and merchandise made and/or distributed by Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentuse or purpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Landlord assumes no responsibility for damage, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises burglary or any portion thereof for (a) offices casualty whatsoever to such vehicles. The overnight parking of automobiles, trucks or other vehicles, and the outside storage of any agency property including trash or bureau garbage are prohibited. Tenant agrees that it shall, at its own cost and expenses keep its employees, agents, customers, invitee, and/or licensees from parking on any streets running through or contiguous to the buildings or development of which the United States, any state or municipality, or any political subdivision premises are part thereof; (b) offices or agencies . Tenant agrees that no washing of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density type will take place in the Premises which is greater than premises including the average occupancy density of the other tenants of the Buildingtruck apron and parking areas, however Tenant shall be permitted to have its employee's cars washed by a car wash service on an occasional basis. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises objectionable or elsewhere in the Project, nor shall Tenant permit any odorunpleasant odors, smoke, dust, gas, noise or vibration vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of Development or unreasonably interfere with such tenants' use of their respective premises or permit any use which would adversely affect the reputation of the Development. Tenant shall not use receive, store or otherwise handle any product, material or merchandise which is explosive, highly flammable or constitutes a hazardous substance or waste, with the exception of commercially acceptable office supplies. Tenant shall not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render the insurance thereon void or increase the insurance rate thereof. Tenant agrees to indemnify and hold Landlord harmless against any and all loss, costs and claims, including attorney's fees relating to the improper storage, handling, transportation or disposal of explosive, highly flammable or hazardous materials or resulting from any other improper use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to Tenant's use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, Tenant's use of the Premises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises must be altered to accommodate lawfully the use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply with such laws, ordinances and regulations. by Tenant shall take whatever other actions are necessary so that Tenant's use of the Premises for complies with the Fire Prevention Code of the National Fire Protection Association and any purpose other fire prevention laws, ordinances, rules or in any manner that would invalidate coverage or increase premiums for any insurance covering regulations applicable to the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Use.

Permitted Use. Tenant As of the date hereof, the definition of "Permitted Use” set forth in Section 1.16 of the Lease is revised to include the following additional uses which shall use be referred to as the ' Expanded Uses". The Expanded Uses shall consist solely of light biotechnology research and development which shall be done only within the portion of the Premises solely for Tenant’s comprised of the clean rooms and general laboratory area, as depicted on the Floor Plan attached to the Lease. During such time as the Expanded Uses are permitted, the Permitted Use and for the Expanded Uses shall be collectively referred to as the Permitted Use. Tenant represents and warrants that the City of Irvine approved the Expanded Uses at the Premises and that the Expanded Uses does not conflict with any applicable zoning codes. Tenant further represents and warrants that the Expanded Uses will not utilize or produce Hazardous Materials and any laboratory waste (including biomedical waste, if any) will be handled in accordance with all applicable Laws, rules and regulations and disposed of by a medical waste disposal company. In addition to all other indemnities set forth in the Lease, Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any loss, damage, cause of action or any other claim in any way related to or in connection with the Expanded Uses. It is the sole responsibility of Tenant to ensure that throughout the Term the Expanded Uses comply with all applicable Laws, including, without limitation, Hazardous Materials Laws, rules, regulations and CC&Rs. If at any time the Expanded Uses are no other purpose whatsoever longer permitted or allowed by the City or pursuant to any applicable Laws, including, without Landlord’s prior written consentlimitation, which may be withheld Hazardous Materials Laws, rules, regulations or CC&Rs or if the Expanded Uses are the sole and direct cause of an increase in Landlord’s sole discretion. Without limiting 's insurance premiums or adversely affect Landlord's insurance coverage in any way (unless Tenant pays the generality increased amount of Landlord's insurance premiums which are attributable to the Expanded Use or otherwise mitigates any additional requirements of the foregoinginsurance company), uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of Tenant shall immediately cease all business operations at the United StatesPremises involving the Expanded Uses, any state or municipality, or any political subdivision thereof; (b) offices or agencies Tenant shall return the clean rooms and general laboratory area to a condition and shall construct, at Tenant’s sole cost and expense, tenant improvements consistent with the tenant improvements in the remaining portions of any foreign government or political subdivision thereof; the Premises, and (c) offices the definition of any health care professionals or health care service organization; (d) schools or other training facilities which are Permitted Use shall be immediately deemed not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in include the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted UseExpanded Uses.

Permitted Use. Tenant shall The use of the Premises by Tenant and Tenant’s assignees and subtenants and their respective agents, advisors, employees, partners, shareholders, directors, customers, clients, visitors, invitees and independent contractors (collectively, “Tenant’s Agents”) shall be solely for Tenant’s the Permitted Use specified in the Basic Lease Information and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretionuse. Without limiting Subject to the generality terms of the foregoing, uses prohibited under this Lease include use of and all applicable Laws, Tenant shall be provided access to the Premises or any portion thereof for twenty-four (a24) offices of any agency or bureau of hours a day, seven (7) days a week during the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the BuildingTerm. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any objectionable or unpleasant odor, smoke, dust, gas, noise or vibration to emanate from outside of the Building. The Premises shall not be used to create any nuisance or trespass, for any illegal purpose, for any purpose not permitted by Laws (as hereinafter defined), for any purpose that would invalidate the insurance or increase the premiums for insurance on the Premises. Tenant shall not use , the Building or permit the use of the Premises Project or for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s tenants’ use or occupancy of the Project. Tenant shall pay to Landlord, as Additional Rent, any increases in insurance premiums on policies resulting from any Tenant’s use of the Premises for any purpose other than general office and research and development uses or any other use or action by Tenant or Tenant’s Agents which increases Landlord’s premiums or requires additional coverage by Landlord to insure the Premises. Tenant agrees not to overload the floor(s) of the Building. Tenant shall not use the Premises in any manner that will cause the Building or any part thereof not to conform with the Building’s Sustainability Practices or the certification of the Building issued pursuant to the applicable Green Building Standards, if any; provided, however, that in no event shall such practices or certification requirements or the foregoing restriction have the effect of interfering (other than to a de minimis extent) with Tenant’s conduct of business at the Premises in a manner consistent with the Permitted Use.Use or result in additional cost to Tenant (other than to a de minimis extent). (b)

Permitted Use. Tenant covenants that the Premises will be used as general office and warehouse ("Permitted Use") together with the incidental activities of Tenant, its affiliated companies or other subsidiary companies and for no other use or purpose. Tenant further covenants that the Premises will not be used or occupied for any unlawful purposes. Tenant agrees to and shall use the Premises solely for Tenant’s the purpose of conducting the Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentbusiness or purpose. Tenant also agrees not to conduct any catalogue, mail or telephone order sales in or from the Premises, except of merchandise which Tenant is permitted to sell "over the counter" in the Premises. Tenant agrees to conduct Tenant's business in the Premises under Tenant's Trade Name, which may be withheld Tenant represents that it has the right to use. Tenant acknowledges that the Permitted Use is not a use granted exclusively to Tenant and that Landlord reserves the right to lease premises in the building to others for the same or a similar Permitted Use. Tenant further acknowledges that it has received no written or oral inducements from Landlord or any of Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under 's representatives concerning this Lease include (other than as specifically set forth herein) or that Tenant will be granted any such exclusive rights. Tenant further covenants that the Premises will not be used or occupied for any unlawful purposes. The Tenant will not make or permit to be made any use of the Premises or any portion part thereof for (a) offices of which would violate any agency or bureau of the United Statescovenants, any state agreements, terms, provisions and conditions of this Lease or municipalitywhich directly or indirectly is forbidden by public law, ordinance or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stationsgovernmental regulation; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance make or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for which may be dangerous, noxious or offensive or create or maintain any purpose other than Tenant’s Permitted Usenuisance or disturbance in, at or on the Premises; or make or permit any use of the Premises which may invalidate, or increase the premium cost of any policy of insurance carried on the Building and EXHIBIT 10.26 environs and their operation, or any use which, in Landlord's sole judgement, shall impair the character, reputation or appearance of the Building and environs.

Permitted Use. Tenant shall use the Premises solely only for Tenant’s the Permitted Use and for no other purpose whatsoever without Landlord’s prior written consent------------- Use. Tenant will not occupy or use the Premises, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use or permit any portion of the Premises to be occupied or use, for any portion thereof business or purpose other than the Permitted Use or for (a) offices any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor shall Tenant use, store, or discharge any "Hazardous Material" as defined in Section 46 hereof, nor permit anything to be done which will in any way increase the rate of insurance on the Building or contents; and in the event that, by reasons of acts of the Tenant, there shall be any increase in the rate of insurance on the Building or contents created by Tenant's acts or conduct of business, then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand, and acceptance of such payment shall not constitute a waiver of any agency of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or bureau of the United States, any state disturb other tenants or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density Landlord in the Premises which is greater than the average occupancy density of the other tenants management of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies of bodies having jurisdiction thereof) with reference to Tenant's specific use, specific condition or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from specific occupancy of the Premises. Tenant will not, without the prior written consent of the Landlord, which consent shall not use be unreasonably withheld or permit delayed, paint, install lighting or decorations, or install any signs, window or door lettering or advertising media of any type on or about the use of the Premises for premises or any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Usepart thereof.

Permitted Use. The Premises shall be continuously used for the sole purpose of general business offices and/or for receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentuse or purpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The overnight parking of automobiles, which may be withheld in Landlord’s sole discretion. Without limiting trucks or other vehicles, and the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices outside storage of any agency property including trash or bureau garbage are prohibited. Tenant agrees that it shall, at its own cost and expenses keep its employees, agents, customers, invitee, and/or licensees from parking on any streets running through or contiguous to the buildings or development of which the United States, any state or municipality, or any political subdivision premises are part thereof; (b) offices or agencies . Tenant agrees that no washing of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density type will take place in the Premises which is greater than premises including the average occupancy density of the other tenants of the Buildingtruck apron and parking areas. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises objectionable or elsewhere in the Project, nor shall Tenant permit any odorunpleasant odors, smoke, dust, gas, noise or vibration vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of Development or unreasonably interfere with such tenants' use of their respective premises or permit any use which would adversely affect the reputation of the Department. Tenant shall not use receive, store or otherwise handle any product, material or merchandise which is explosive, highly flammable or constitutes a hazardous substance or waste. Tenant shall not permit the use of the Premises to be used for any purpose or (including, without limitation, the storage of merchandise) in any manner that which would invalidate coverage render the insurance thereon void or increase premiums for the insurance rate thereof. Tenant agrees to indemnify and hold Landlord harmless against any insurance covering and all loss, costs and claims, including attorney's fees relating to the improper storage, handling, transportation or disposal of explosive, highly flammable or hazardous materials or resulting from any other improper use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the Premises, and shall promptly comply with all governmental orders and directives for the Building correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the ProjectPremises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises must be altered to accommodate lawfully the use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be home by Tenant; or provided that would interfere the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to Landlord: _____ Tenant: _____ comply with any other tenant’s use or occupancy of the Projectsuch laws, ordinances and regulations. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any take whatever other actions are necessary so that the Premises and Tenant's use thereof complies with the Fire Prevention Code of the Premises for National Fire Protection Association and any purpose other than Tenant’s Permitted Usefire prevention laws, ordinances, rules or regulations applicable to the Premises.

Permitted Use. Tenant shall may use the Premises solely for Tenant’s the Permitted Use as shown on the Lease Summary, and for no other purpose whatsoever without Landlord’s prior written consent, consent (which consent may be withheld in Landlord’s sole reasonable discretion). Without limiting Tenant shall comply with all recorded covenants, conditions, and restrictions, and the generality provisions of all ground or underlying leases, now or, so long as the foregoing, uses prohibited under this Lease include same do not materially interfere with Tenant’s use of the Premises or any portion thereof for (a) offices of any agency parking or bureau of materially increase Tenant’s obligations under this Lease, hereafter affecting the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the BuildingProject. Tenant shall not create FUSIONSTORMshall, Inc. – Two Xxxxxx Streetat Tenant’s expense, July 12, 2005 any nuisance or permit any waste in comply with all insurance company and/or Mortgagee requirements pertaining to the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from use of the Premises. Tenant shall not use (a) do or permit the use of anything to be done in or about the Premises for any purpose or that would in any manner that would invalidate coverage way obstruct or increase premiums for interfere with the rights of other tenants or occupants of any insurance covering the Premises, the Building or the ProjectProject or violate any restrictions or exclusive uses set forth in any other tenants’ leases; (b) injure, or that would unreasonably interfere with the business of any other tenanttenants or occupants of the Project or any of their invitees; (c) cause, maintain or permit any nuisance arising out of Tenant’s use or occupancy of the Premises; or (d) commit any waste in or upon the Premises, any Building or the Project. Tenant shall pay Landlordacknowledges that each Building and/or Project has, or in the future may seek, a USGBC or other “green agency” rating and, as Additional Renta result, any increases such Building and/or Project will be operated pursuant to Landlord’s sustainable practices (as the same may be modified by Landlord from time to time) and, in insurance premiums resulting from any use connection therewith and so long as the same do not materially interfere with the operation of Tenant’s business in the Premises, materially increase Tenant’s obligations under this Lease or materially decrease Tenant’s rights under this Lease, Tenant (i) shall comply with such practices, and (ii) shall not do or permit anything to be done in or about the Premises for that would in any purpose other than Tenant’s Permitted Useway jeopardize any such rating.

Permitted Use. Tenant shall use the Premises solely for Tenant’s the Permitted Use set forth in Section 13 of the Summary and Tenant shall not use or permit the Premises or the Project to be used for no any other purpose or purposes whatsoever without Landlord’s the prior written consentconsent of Landlord, which may be withheld in Landlord’s sole discretion. Without limiting the generality Tenant shall, at its own cost and expense, obtain and maintain any and all licenses, permits, and approvals necessary or appropriate for its use, occupation and operation of the foregoingPremises for the Permitted Use. Tenant’s inability to obtain or maintain any such license, uses prohibited permit or approval necessary or appropriate for its use, occupation or operation of the Premises shall not relieve it of its obligations under this Lease include use of Lease, including the obligation to pay Base Rent and Additional Rent. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any portion part thereof for any use or purpose contrary to provisions of the Rules and Regulations set forth in Exhibit D. attached hereto (a) offices as the same may be modified or rescinded from time to time), or in violation of any agency or bureau laws of the United StatesStates of America, the state in which the Project is located, the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, or all recorded covenants, conditions, and restrictions now or hereafter affecting the Project including, without limitation, any state certificate of occupancy, any such laws, ordinances, regulations or municipalityrequirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or any political subdivision thereof; hereafter in effect (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporatecollectively, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density “Law(s)”). A violation of the other tenants of the Building. Rules and Regulations by Tenant shall be deemed a default under this Article 5 Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance do or permit anything to be done in or about the Project which will in any waste in way damage the Premises reputation of the Project or elsewhere in obstruct or interfere with the rights of other tenants or occupants of the Project, or injure or annoy them or use or allow the Project to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any odornuisance in, smoke, dust, gas, noise on or vibration to emanate from about the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Use.

Permitted Use. Subject to the provisions of this Lease, the provisions of all applicable permits and licenses and the provisions of all applicable local, state and federal law, Tenant shall use and occupy the Leased Premises solely for Tenant’s Permitted Use as follows, and for no other purpose whatsoever without whatsoever: for general office use and for purposes incidental thereto and as a medical research and/or process development laboratory. In the event Tenant assigns this interest in the Lease or sublets the Leased Premises pursuant to the provisions of Article 11 hereof, the Leased Premises may be used for another lawful use, subject to the Landlord’s prior written consent, which may shall not be unreasonably withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Buildingdelayed. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall will not use or occupy or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Leased Premises for any purpose which is forbidden by law, ordinance or governmental or municipal regulation or order; or permit the maintenance of any public or private nuisance; or do or permit any other than thing which may disturb the quiet enjoyment of any other tenant of the Building; or keep any substance or carry on or permit any operation which might emit offensive odors or conditions into other portions of the Building or use any apparatus which might make undue noise or create vibrations in the Building; or permit anything to be done which would increase the fire and extended coverage insurance rate on the Building or contents, provided that if there is any increase in such rate by reason of acts of Tenant, then Tenant agrees to pay such increase promptly upon demand therefor by Landlord. Payment by Tenant of any such rate increase shall not be a waiver of Tenant’s Permitted Useduty to comply herewith. However, Landlord represents that its insurance rate coverage premiums already take into consideration a Tenant that will operate a biotechnology laboratory in the Leased Premises and expects no increase in premiums based on Tenant’s ordinary use of the Leased Premises. Landlord represents that the Building is located in a building zone that allows Tenant’s permitted uses of the Leased Premises.

Permitted Use. Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion, except that Tenant may, subject to applicable Laws, use the Premises for the conduct of a securities trading and sales business and, in connection therewith, may operate in the Premises as a trading floor and trading support systems for securities trading and sales. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which that are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) telemarketing or customer order/reservation services for third parties; or (h) any use which that would result in an occupancy density in the Premises which that is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the ProjectProject (with the understanding that use of the Premises as general office space and the conduct of a securities trading and sales business as contemplated by this Lease will not invalidate coverage or cause any such increase insurance rates); or that would unreasonably interfere with any other tenant’s use or occupancy of the Project. Tenant shall, at its sole cost and expense, comply with any and all reasonable requirements of Landlord’s and Tenant’s insurers. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Use.

Permitted Use. Tenant shall use the Premises solely only for Tenant’s the Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentUse. Tenant will not occupy or use the Premises, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use or permit any portion of the Premises to be occupied or used, for any portion thereof business or purpose other than the Permitted Use or for (a) offices any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor shall Tenant use, store, discharge any "Hazardous Material" as defined in Section 45 hereof, nor permit anything to be done which will in any way increase the rate of insurance on the Building or contents; and if, by act of and to the extent caused by Tenant, there is any increase in the rate of insurance on the Building or contents created by Tenant's acts or conduct, then Tenant shall pay to Landlord the amount of such increase on demand. Acceptance of such payment shall not constitute a waiver of any agency of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees to not create any nuisance, nor interfere with, annoy or bureau of the United States, any state disturb other tenants or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density Landlord in the Premises which is greater than the average occupancy density of the other tenants management of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies of bodies having jurisdiction thereof) with reference to the use, condition or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from occupancy of the Premises. Tenant will not, without the prior consent of Landlord, paint, install lighting or install any signs, window or door lettering or advertising media of any type on or about the Premises except as set forth on the Plans and Specifications described on Exhibit "G" attached hereto. The foregoing notwithstanding, Landlord agrees that Tenant shall have the right to utilize a portion of the available space on the sign marquis located or to be located at the entrance driveway for the Property in the area marked as "sign location" on the plat of survey attached hereto as Exhibit I and made a part hereof, upon which to place Tenant's sign. The size of such sign shall not use or permit the use exceed Tenant's Share of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering available space on the Premises, marquis (after deducting the area of the Building or identification sign), and the Project; or that would interfere with any other tenant’s use or occupancy design of such sign shall be subject to Landlord's approval, such approval not to be unreasonably withheld. Landlord shall not obstruct the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting view of such sign from any use of the Premises for any purpose other than Tenant’s Permitted Useadjoining accessways and rights-of-ways.

Permitted Use. Tenant shall continuously during the term hereof occupy and use the Premises solely only for Tenant’s Permitted the "Use of Premises" as stated in the Lease Summary Sheet and for no other purposes. Service and utility areas (whether or not a part of the Premises) shall be used only for the particular purpose whatsoever without Landlord’s prior written consentfor which they were designed. General office use, by way of example and not limitation, shall not include medical office use or any similar use, medical laboratory use, classroom use, any use not characterized by applicable zoning and land use restrictions as general office use, or any use which may be withheld would require Landlord or Tenant to obtain a conditional use permit or variance from any federal, state or local authority, or any other use not compatible, in Landlord’s 's sole discretionjudgment, with a first class office building. No exclusive use has been granted to Tenant hereunder. Without limiting the generality of the foregoing, uses prohibited under this Lease include Tenant agrees that it shall not use of the Premises or any portion part thereof, or permit the Premises or any part thereof to be used for (a) offices the preparation or dispensing of any agency food, whether by vending machines or bureau otherwise, other than for snack and beverage vending machines for the exclusive use of Tenant's employees and guests. Notwithstanding the foregoing, but subject to the other terms and provisions of this Lease, Tenant may, with Landlord's prior written consent, which consent shall not be unreasonably withheld, install at its own cost and expense so-called hot-cold water fountains, and so-called Xxxxx refrigerator-sink-stove combinations for the preparation of beverages and foods, and may install, without Landlord's consent, coffee makers and microwave ovens, provided as to all of the United Statesforegoing that no cooking, any state or municipalityfrying, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which etc., are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density carried on in the Premises which is greater than the average occupancy density of the other tenants of the Building. to such extent as requires special exhaust venting, Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner hereby acknowledging that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with is not engineered to provide any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Usesuch special venting.

Permitted Use. Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consent, which consent shall not be unreasonably withheld; provided, however, the factors and conditions provided in this Lease for assignment and subletting may be withheld considered by Landlord in Landlord’s sole discretionits consideration of the approval of any change in use. Without In addition, and without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall, at its sole cost and expense, comply with any and all reasonable requirements of Landlord’s and Tenant’s insurers. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Use.

Permitted Use. Tenant The Premises shall use the Premises solely for Tenant’s Permitted Use be continuously used as a bio-medical testing facility and (or general office purposes, and for no other purpose whatsoever without Landlord’s prior written consentuse or purpose. Landlord understands that Tenant's testing operations shall not involve the introduction of whole dead animals onto the Premises, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities but only small tissue samples which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such readily identifiable as radio and/or television stations; or (g) any use which would result in an occupancy density in animal body parts. Testing of human tissue will not be permitted at the Premises which is greater than the average occupancy density of the other tenants of the BuildingPremises. Tenant shall not create FUSIONSTORMchange its testing operations to deviate from the foregoing description without Landlord's prior approval in writing which Landlord may withhold in Landlord's sole discretion. In no event shall any such testing involve live animals. Tenant shall be obligated to arrange for removal and/or disposal at Tenant's expense of all tissue samples and bin-medical waste materials from the Premises separate and apart from the customary waste disposal facilities operated by Landlord at the Premises. Any failure of Tenant to comply with the requirements of the immediately preceding sentence shall constitute an Immediate and material event of default under this Lease for which there shall he no applicable cure period notwithstanding Paragraph 20.01(g) hereof. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The overnight parking of automobiles, Inc. – Two Xxxxxx Streettrucks or other vehicles, July 12and the outside storage of any property including trash or garbage are prohibited. Tenant agrees that it shall, 2005 at its own cost and expense keep its employees, agents, customers, invitees, and/or licensees from parking on any nuisance streets running through or permit contiguous to the buildings or development of which the Premises are part thereof. Tenant agrees that no washing of any waste type will take place in the Premises or elsewhere in including the Project, nor loading and parking areas. Tenant shall Tenant not permit any odorobjectionable or unpleasant odors, smoke, dust, gas, noise or vibration vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of Development or unreasonably interfere with such tenants' use of their respective premises or permit any use which would adversely affect the reputation of the Development. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The overnight parking of automobiles, trucks or other vehicles, and the outside storage of any property including trash (a garbage arc prohibited. Tenant agrees that it shall, at its own cost and expense keep its employees, agents, customers, invitees, and/or licensees from parking on any streets naming through or contiguous to the buildings or development of which the premises are part thereof. Tenant agrees that no equipment washing of any type will take place in the Premises including the loading areas and parking areas. Tenant shall not use permit any objectionable or permit the use of the Premises for any purpose unpleasant odors, smoke, dust, gas, noise or in any manner that would invalidate coverage or increase premiums for any insurance covering vibrations to emanate from the Premises, the Building nor take any other action which would constitute a nuisance or the Project; would disturb or that would endanger any other tenants of Development or unreasonably interfere with such tenants' use of their respective premises or permit any other tenant’s use or occupancy which would adversely affect the reputation of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted UseDevelopment.

Permitted Use. Tenant shall will use and occupy the Premises solely for Tenant’s the following express use(s) and purpose(s) and for no other use or purposes: sit-down, white tablecloth restaurant, cigar club and the incidental sale of related gift items such as pens, private humidors, and similar related items, it being agreed and understood that Tenant may use that portion of the Premises located on street level for the retail sale of cigars and related items to the general public ("Permitted Use Use") and only in accordance with applicable zoning and other municipal regulations and for no other purpose whatsoever. Tenant shall not change such Permitted Use in any manner whatsoever and shall not make any substantial change or modification in the method by, or in the manner in which Tenant conducts his business in the Premises without the prior written approval of Landlord. Tenant 39 acknowledges and agrees that the Permitted Use of the Premises has been precisely defined to achieve a balanced and diversified group of tenants, merchandise and services at the Building. Accordingly, it is understood and agreed that without Landlord’s 's prior written consent, Tenant shall not sell any products, offer any services or undertake any line of business which may be withheld is not in Landlord’s sole discretion. Without limiting conformity with the generality Permitted Use of the foregoingPremises. Tenant shall pay to Landlord, uses prohibited under this Lease include use as additional rent, any additional costs incurred by Landlord as a result of Tenant's Permitted Use or any other sue xx purpose of the Premises. Tenant will not use or occupy the Premises for any unlawful purpose or that would violate Tenant's certificate of occupancy, or for any purpose that would constitute a nuisance or unreasonable annoyance to Landlord or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. , and Tenant shall not create FUSIONSTORMwill comply with all present and future laws, Inc. – Two Xxxxxx Streetordinances, July 12regulations, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use and orders of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the PremisesUnited States of America, the state in which the Building or the Project; or that would interfere with is located, and any other tenant’s use public or occupancy of quasi-public authority having jurisdiction over the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted UseBuilding.

Permitted Use. Tenant Lessee shall use the Leased Premises solely for Tenant’s Permitted Use general office purposes, and for no other purpose whatsoever without Landlord’s the prior written consentconsent of Lessor. Lessee will not use or occupy the Leased Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of the United States of America, the state in which the Leased Premises are located, and all other governmental units or agencies having jurisdiction over the Property and the Leased Premises. Lessee agrees to operate its business in the Leased Premises during the entire Term and to conduct its business in a reputable manner. Lessee shall not cause, maintain or permit any outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other lessees in the Project. No use shall be made or permitted to be made of the Leased Premises, nor acts done, which may be withheld in Landlord’s sole discretion. Without limiting will increase the generality existing rate of insurance upon the foregoing, uses prohibited under this Lease include use of the Premises Project or any portion thereof for (a) offices or cause the cancellation of any agency insurance policy covering the Project or bureau of the United States, any state or municipalityportion thereof, or any political subdivision part thereof; (b) offices . Lessee shall not sell, or agencies permit to be kept, used, in or about the Leased Premises, any article which may be prohibited by the standard form of fire insurance policy. Lessee shall, at its sole cost and expense, comply with any and all requirements, pertaining to the Leased Premises, of any foreign government insurance organization or political subdivision thereof; (c) offices company necessary for the maintenance of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any reasonable fire and public liability insurance covering the Leased Premises, the Building Project or the Project; any portion or that would interfere with any other tenant’s use or occupancy of the Projectappurtenances thereof. Tenant shall Lessee agrees to pay Landlordto Lessor, as Additional Rent, any increases increase in insurance premiums resulting from any use on policies which may be carried by Lessor covering damages to the Project and/or other improvement within the Leased Premises and loss of Rent caused by fire and the perils normally included in extended coverage above the rates for the least hazardous type of occupancy of the Leased Premises for any purpose other than Tenant’s Permitted Useoffice operations, in addition to the payment required of Lessee pursuant to this Lease.

Permitted Use. Tenant shall use the Premises solely only for Tenant’s the Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentUse. Tenant will not occupy or use the Premises, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use or permit any portion of the Premises to be occupied or used, for any portion thereof business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor shall Tenant use, store, or discharge any "Hazardous Material" as defined in Section 45 hereof, nor permit anything to be done which will in any way increase the rate of insurance on the Building or contents; and if, by act of Tenant, there is any increase in the rate of insurance on the Building or contents created by Tenant's acts or conduct, then such acts of Tenant shall be an event of default hereunder and Tenant shall pay to Landlord the amount of such increase within ten (a10) offices business days of Landlord's written demand. Notwithstanding anything to the contrary contained in this Lease, Landlord represents that (provided Tenant complies with the terms and conditions of this Lease) insurance cost of the Building shall not increase as a result of Tenant's contemplated uses, as set forth in the Lease, and as such, Landlord shall not pass on any increased insurance costs of the Building onto Tenant. Acceptance of such payment shall not constitute a waiver of any agency of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees to not create any nuisance, nor interfere with, annoy or bureau of the United States, any state disturb other tenants or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density Landlord in the Premises which is greater than the average occupancy density of the other tenants management of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in will maintain the Premises in a clean, healthful and safe condition and will comply with all orders, rules and regulations of the New Jersey Board of Fire Underwriters (or elsewhere equivalent agency or authority) and the Insurance Services Office and all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies of bodies having jurisdiction thereof) with reference to the use, condition or occupancy of the Premises as well as the provisions of all recorded documents affecting the Building. Except as may be provided for otherwise in this Lease, Tenant will not, without the Projectprior consent of Landlord, nor shall Tenant permit paint, install lighting or install any odorsigns, smoke, dust, gas, noise window or vibration to emanate from door lettering or advertising media of any type on or about the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designated to carry or which is allowed by law. Landlord hereby reserves the right to reasonably prescribe the weight and position of all safes or other unusually heavy equipment which must be placed so as to distribute the weight. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant's sole cost and expense, in settings sufficient in Landlord's reasonable judgement to absorb and prevent transmission of vibration, noise and annoyance. Tenant shall not install or use in the Premises any electrical machinery or appliances which in Landlord's sole judgement may overload the electrical wiring or equipment capacity in the Premises or the Building. Tenant agrees that the value of the Demised Premises and the reputation of the Owner will be seriously injured if the premises are used for any obscene or pornographic purposes or any sort of commercial sex establishment. Tenant agrees that Tenant will not bring or permit any obscene or pornographic material on the premises, and shall not permit or conduct any obscene, nude, or semi-nude live performances on the premises, nor permit use of the premises for nude modeling, rap sessions, or as a so-called rubber goods shops, or as a sex club of any sort, or as a "massage parlor". Tenant agrees further that Tenant will not permit any of these uses by any sublessee or assignee of the premises. This Article shall directly bind any successors in interest to the Tenant. Tenant agrees that if at any time Tenant violates any of the provisions of this Article, such violation shall be deemed a breach of a substantial obligation of the terms of this Lease and objectionable conduct. Pornographic material is defined for the purposes of this Article as any written or pictorial matter with the prurient appeal or any objects or instrument that are primarily concerned with lewd or prurient sexual activity. It is further understood that the Premises may not be used for any purpose or residential purposes and that sleeping overnight in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, cooking (except by way of a microwave or toaster oven) or other such housekeeping functions are not permitted. The Tenant expressly agrees that they will not use machinery causing excessive noise or vibration in the Building or and will take all necessary steps to comply with all municipal rules, orders, ordinances and regulations with respect to the Project; or that would interfere with any other tenant’s use or occupancy maintenance of combustible material in and upon the ProjectPremises. Tenant shall pay Landlord, as Additional Rent, be permitted to have a refrigerator in the Premises. Tenant agrees that if at any increases in insurance premiums resulting from time Tenant violates any use of the Premises provisions of this Article, such violation shall be deemed a breach of a substantial obligation of the terms of this Lease and objectionable conduct. A violation of any of the terms of this provision shall give to the Landlord the right to restrain the same by injunctive relief and/or exercise any of Landlord's remedies provided for any purpose other than Tenant’s Permitted Usein the Lease.

Permitted Use. Tenant shall covenants and agrees that it (or its Subtenants) shall, throughout the Term, continuously use and occupy the Premises solely Leased Property exclusively for Tenant’s Permitted Use the Facility Uses specified for each Facility, and for such other uses as may be necessary or incidental to such use (such as services provided directly to residents by Tenant or a Subtenant or under Service Licenses, as such term is defined below), with appropriate amenities for the same and for no other purpose whatsoever without Landlord’s the prior written consentconsent of Landlord; such occupancy and use shall be without interruption except for necessary interruptions in respect to portions of the Leased Property for periods provided herein for repairs, renovations, replacements and rebuilding all of which may shall be withheld carried out pursuant to, and in Landlord’s sole discretionaccordance with the applicable provisions of this Agreement (the foregoing being referred to as the “Permitted Use”). Without limiting the generality prior written consent of the foregoingLandlord, uses prohibited under this Lease include use of the Premises Tenant shall not convert any individual dwelling unit or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary common area to corporate, executive or professional office a commercial use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORMcontract for skilled nursing care at any of the Facilities beyond the level of the existing Permits. Without the prior written consent of the Landlord, Inc. – Two Xxxxxx Streetwhich consent shall not be unreasonably withheld, July 12conditioned or delayed, 2005 any nuisance no Affiliated Person of Tenant may be a subtenant or permit any waste concessionaire in the Premises Leased Property; provided, however that Landlord hereby consents and agrees, so long as no Event of Default has occurred and is continuing under this Lease, (i) that Manager or elsewhere in another Affiliate of Tenant may manage the Projectfacility operations of any Facility pursuant to a management agreement and (ii) that a qualified and fully insured Affiliated Person of Tenant may provide therapy and therapy related services at the Facility for customary and appropriate charges, and (iii) the respective Subtenants may sublease their respective Facilities from Tenant. No use shall be made or permitted to be made of the Leased Property and no acts shall be done thereon which will cause the cancellation of any insurance policy covering the Leased Property or any part thereof (unless another adequate policy is available), nor shall Tenant sell or otherwise provide or permit to be kept, used or sold in or about the Leased Property any odorarticle which may be prohibited by law or by the standard form of fire insurance policies, smokeor any other insurance policies required to be carried hereunder, dust, gas, noise or vibration to emanate from the Premisesfire underwriter’s regulations. Tenant (or its Subtenants) shall, at its sole cost, comply or cause to be complied with all Insurance Requirements. Neither Tenant nor its Subtenants shall not use take or permit omit to take any action, the use taking or omission of which materially impairs the value or the usefulness of the Premises Leased Property or any part thereof for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s its Permitted Use, or causes the Leased Premises to no longer be considered a first class facility.

Permitted Use. Tenant shall use covenants that the Premises solely will be used only for Tenant’s the Permitted Use together with the incidental activities of Tenant, its affiliated companies or other subsidiary companies, or any Permitted Transferee, and for no other use or purpose whatsoever without Landlord’s prior written consentconsent thereto. Tenant further covenants that the Premises will not be used or occupied for any unlawful purposes. Tenant further acknowledges that it has received no written or oral inducements from Landlord or any of Landlord’s representatives concerning this Lease (other than as specifically set forth herein) or that Tenant will be granted any exclusive rights other than those expressly provided to Tenant pursuant to this Lease. Any use (other than the Permitted Use) that causes a material increase in the cost of insurance carried by Landlord in connection with the Building shall be subject to Landlord’s prior written approval, which may approval shall not be withheld unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing or anything else to the contrary contained in Landlord’s sole discretion. Without limiting this Lease, (i) in no event shall Landlord have the generality right to restrict and/or prevent the use of equipment or other personal property within the Premises as long as the same does not exceed the load bearing capacity of the foregoing, uses prohibited under this Lease include use floor of the Premises or any portion thereof for (a) offices of any agency or bureau on which it is located and, if applicable, the integration of the United Statessame with Building systems is done in accordance with the provisions of this Lease applicable thereto, any state or municipality, or any political subdivision thereof; and (bii) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in Landlord acknowledges that the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit Permitted Use includes the use of a portion of the Premises for any purpose fitness center use for the Tenant Parties only complimentary to general office use (“Fitness Center Use”), that such use will result in activities taking place that do not ordinarily take place in a commercial office building, and, as a result thereof, Landlord shall have no right to restrict such activities as long as they do not create noise or vibration detectable outside of the Premises which reasonably interferes in any a materially adverse manner that would invalidate coverage or increase premiums for any insurance covering the Premises, use of space in the Building or other than the Project; or that would interfere with any other tenant’s use or occupancy of Premises for general office use. Tenant may not sell memberships for the ProjectFitness Center Use. Tenant shall pay Landlordbe solely responsible at its sole cost and expense for cleaning and maintaining the fitness center. Former employees, as Additional Rent, any increases in insurance premiums resulting from any use members of the Premises for immediate family of any purpose employees of the Tenant Parties who are at least 16 years old may use the Fitness Center, and such use will constitute “Fitness Center Use”. Persons the age of 18 and younger may use the fitness center only if accompanied by an employee of a Tenant Party. Persons not then employed by a Tenant Party may use the fitness center outside of Normal Building Hours only if accompanied by an employee of a Tenant Party (and Landlord may require other than Tenant’s Permitted Usereasonable security measures in the event that Landlord informs Tenant of any legitimate security concerns). Fitness center hours must be limited to Monday through Friday 6:00 a.m. through 10:00 p.m. and Saturdays, Sundays and Holidays 8:00 a.m. through 6:00 p.m. Tenant shall use its best efforts to ensure that patrons of the fitness center do not wear workout/exercise attire in the Common Areas of the Building during Normal Building Hours (professional business attire is required in the Common Areas Monday thought Friday (excluding Holidays) between the hours of 8:30 a.m. and 6:00 p.m.).

Permitted Use. Tenant shall use the Premises solely only for Tenant’s the Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentUse. Tenant will not occupy or use the Premises, which may be withheld in Landlord’s sole discretion. Without limiting the generality or permit any portion of the foregoingPremises to be occupied or used, uses prohibited under for any business or purpose other than the Permitted Use, in violation of any term or provision of this Lease include or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner, nor permit anything to be done which will in any way increase the rate of insurance on the Building. Tenant will conduct its business and control its agents, employees and invitees to not create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, orders, rules, regulations and ordinances of all federal, state or local governmental or quasi-governmental entity or authority, agency, municipality or other bodies having jurisdiction thereof. Tenant agrees that Tenant will not bring or permit any obscene or pornographic material (defined for the purposes hereof as any written or pictorial matter with prurient appeal or any objects or instrument that are primarily concerned with lewd or prurient sexual activity) into the Premises or any part of the Project, and shall not permit or conduct any obscene, nude, or semi-nude live performances in the Premises or any portion thereof of the Project, nor permit use of the Premises for (a) offices nude modeling, rap sessions, as a sex club of any agency sort or bureau as a massage parlor. It is further understood that the Premises may not be used for residential purposes and that sleeping overnight in the Premises, cooking (except by way of microwave oven) or other such housekeeping functions are not permitted. Tenant shall not place a load upon any floor of the United States, any state Premises exceeding the floor load per square foot which such floor was designated to carry or municipality, or any political subdivision thereofwhich is allowed by law; (b) offices or agencies Landlord hereby reserving the right to prescribe the weight and position of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools all safes or other training facilities unusually heavy equipment which are not ancillary must be placed so as to corporatedistribute the weight. Business machines and mechanical equipment shall be placed in settings sufficient in Landlord’s judgment to absorb and prevent transmission of vibration, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Buildingnoise and annoyance. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, excessive noise or vibration to emanate from levels which shall interfere with the Premises. Tenant shall not use or permit the use quiet enjoyment of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy tenants/licensees occupying other portions of the Project. Tenant agrees to promptly notify Landlord, in writing, of all noise complaints or summons that it receives and to submit a proposal reasonably satisfactory to Landlord as to how to handle same and assure that such complaints shall not recur. In addition to any other right or remedy Landlord has under this Lease, in the event that any legal action is brought against Landlord by any municipal authority having jurisdiction, arising out of noise emanating from the Premises, Tenant shall pay Landlord, as Additional Rentupon demand, any increases in insurance premiums resulting from any use all of the reasonable attorney’s fees and disbursements incurred by Landlord in defending such action. Notwithstanding the foregoing, Tenant agrees that it and anyone holding through Tenant (including any sublessee/assignee) may not use the Premises or a portion thereof for any purpose of the following designated uses nor for any other than use which is substantially similar to any one of the following designated uses: (i) federal, state or local governmental division, department or agency which generates heavy public traffic, including, without limitation, court, social security offices, labor department office, drug enforcement agency, motor vehicle agency, postal service, military recruitment office; (ii) union or labor organization; (iii) office for the practice of medicine, dentistry or the rendering of other health related services; (iv) chemical or pharmaceutical company provided; however, that the subletting or assignment to such a company which will use the Premises only for executive, general and sales offices and waive the right to conduct any research and development shall not be prohibited; (v) insurance claims office, including, but not limited to, unemployment insurance or worker’s compensation insurance; and (vi) real estate brokerage firm. If, at any time, Tenant violates any of the provisions of this Section 7, such violation shall be deemed an Event of Default following a five (5) day written notice and cure period. A violation of any of the terms of this provision shall give to the Landlord the right to restrain the same by injunctive relief and/or exercise any of Landlord’s remedies provided for in this Lease. This Section 7 shall directly bind any successors in interest to the Tenant’s Permitted Use.

Permitted Use. Tenant covenants that the Premises will be used as general office and warehouse ("Permitted Use") together with the incidental activities of Tenant, its affiliated companies or other subsidiary companies and for no other use or purpose. Tenant further covenants that the Premises will not be used or occupied for any unlawful purposes. Tenant agrees to and shall use the Premises solely for Tenant’s the purpose of conducting the Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentbusiness or purpose. Tenant agrees to conduct Tenant's business in the Premises under Tenant's Trade Name, which may be withheld Tenant represents that it has the right to use. Tenant acknowledges that the Permitted Use is not a use granted exclusively to Tenant and that Landlord reserves the right to lease premises in the building to others for the same or a similar Permitted Use. Tenant further acknowledges that it has received no written or oral inducements from Landlord or any of Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under 's representatives concerning this Lease include (other than as specifically set forth herein) or that Tenant will be granted any such exclusive rights. Tenant further covenants that the Premises will not be used or occupied for any unlawful purposes. The Tenant will not make or permit to be made any use of the Premises or any portion part thereof for (a) offices of which would violate any agency or bureau of the United Statescovenants, any state agreements, terms, provisions and conditions of this Lease or municipalitywhich directly or indirectly is forbidden by public law, ordinance or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stationsgovernmental regulation; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance make or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for which may be dangerous, noxious or offensive or create or maintain any purpose other than Tenant’s Permitted Usenuisance or disturbance in, at or on the Premises; or make or permit any use of the Premises which may invalidate, or increase the premium cost of any policy of insurance carried on the Building and environs and their operation, or any use which, in Landlord's sole judgement, shall impair the character, reputation or appearance of the Building and environs.

Permitted Use. Subject to the provisions of this Lease, the provisions of all applicable permits and licenses and the provisions of all applicable local, state and federal law, Tenant shall use and occupy the Leased Premises solely for Tenant’s Permitted Use as follows, and for no other purpose whatsoever without whatsoever: for general office use and for purposes incidental thereto and as a medical research and/or process development Laboratory as more fully described on Exhibit E attached hereto. In the event Tenant assigns this interest in the Lease or sublets the Leased Premises pursuant to the provisions of Article 11 hereof, the Leased Premises may be used for another lawful use, subject to the Landlord’s prior written consent, which may shall not be unreasonably withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Buildingdelayed. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall will not use or occupy or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Leased Premises for any purpose which is forbidden by law, ordinance or governmental or municipal regulation or order; or permit the maintenance of any public or private nuisance; or do or permit any other than thing which may disturb the quiet enjoyment of any other tenant of the Building; or keep any substance or carry on or permit any operation which might emit offensive odors or conditions into other portions of the Building or use any apparatus which might make undue noise or create vibrations in the Building; or permit anything to be done which would increase the fire and extended coverage insurance rate on the Building or contents, provided that if there is any increase in such rate by reason of acts of Tenant, then Tenant agrees to pay such increase promptly upon demand therefor by Landlord. Payment by Tenant of any such rate increase shall not be a waiver of Tenant’s Permitted Useduty to comply herewith. However, Landlord represents that its insurance rate coverage premiums already take into consideration a Tenant that will operate a biotechnology laboratory in the Leased Premises and expects no increase in premiums based on Tenant’s ordinary use of the Leased Premises. Landlord represents that the Building is located in a building zone that allows Tenant’s permitted uses of the Leased Premises.

Permitted Use. Subject to factors beyond Landlord's control and the other provisions of this Lease, including, without limitation, Sections 21 and 22, during the Term, Tenant shall use have access to the Building and the Premises 24 hours each day, 7 days per week by standard door key system. The use of the Premises by Tenant and Tenant's agents, advisors, employees, partners, shareholders, directors, customers, invitees and independent contractors (collectively, "TENANT'S AGENTS") shall be solely for Tenant’s the Permitted Use specified in the Basic Lease Information and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises objectionable or elsewhere in the Project, nor shall Tenant permit any unpleasant odor, smoke, dust, gas, noise or vibration to emanate from or near the Premises. Tenant The Premises shall not use be used to create any nuisance or permit trespass, for any illegal purpose, for any purpose not permitted by Laws (as hereinafter defined), for any purpose that would invalidate the use of insurance or increase the Premises premiums for insurance on the Premises, the Building or the Project or for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s tenants' use or occupancy of the Project. If any of Tenant's office machines or equipment disturb any other tenant in the Building, then Tenant shall provide adequate insulation or take such other action as may be necessary to eliminate the noise or disturbance. Tenant agrees to pay to Landlord, as Additional Rent, any increases in insurance premiums on policies resulting from Tenant's Permitted Use or any other use or action by Tenant or Tenant's Agents which increases Landlord's premiums or requires additional coverage by Landlord to insure the Premises. Tenant agrees not to overload the floor(s) of the Building. Tenant shall not use or allow the Premises to be used for any purpose improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do or permit to be done anything which will obstruct or interfere with the rights of other than Tenant’s Permitted Usetenants or occupants of the Project or the Building, or injure or annoy them. Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, the Building, the Project or the Site, nor commit or suffer to be committed any waste in, on or about the Premises. Tenant shall have no right to conduct any auction in, on or about the Premises, the Building or Site.

Permitted Use. Tenant shall will use the Premises solely only for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include permitted use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density specified in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall Basic Terms and may not use or permit the use of the Premises for any purpose other purposes. Tenant shall be under no obligation to occupy the Premises, or once occupied, Tenant shall have the right to cease occupancy of the Premises, so long as Tenant continues to pay all Rent and perform all other obligations under this Lease. Tenant will not conduct such permitted use, or allow such permitted use to be conducted, in violation of any Laws or in any manner that would (a) violate any certificate of occupancy affecting the Property; (b) violate, invalidate or cause a loss of coverage or increase premiums for under any insurance covering now or after the PremisesEffective Date in force with respect to the Property; (c) cause injury or damage to the Property or to the person or property of any other tenant of the Property, or unreasonably interfere with the use and enjoyment of the Property by any other tenant of the Property; or (d) cause diminution in the value or usefulness of all or any part of the Property (reasonable wear and tear excepted). Notwithstanding the foregoing, Landlord and Tenant acknowledge that a portion of the Premises may be used by Tenant for research and development of sound-producing electronic amplification products, and that Tenant will construct a “sound room” within the Premises and a “boom room” outside of the Premises for such purposes. In no event may Tenant’s use of the sound room or the boom room result in unreasonable levels of noise being transmitted outside of the Building or to space occupied by other tenants in the Project; Building. Tenant will not commit any nuisance or waste in, on or about the Premises or the Property. In addition, Tenant may, from time to time, but not during Business Hours, conduct non-public events within the patio area of the Premises identified on EXHIBIT “C” (the location of which may be changed to another location mutually acceptable to Landlord and Tenant), provided that would interfere Landlord and Tenant agree to arrange appropriate time(s) outside of Business Hours for Tenant to conduct such events when the conduct of such events is least likely to disturb other tenants within the Building. Notwithstanding anything to the contrary in the immediately preceding sentence, (i) so long as there are no other tenants in the Building, Tenant may conduct any such events during Business Hours, and (ii) if there are other tenants in the Building, Tenant may conduct such events during Business Hours provided that Tenant has received the prior consent of all other tenants in the Building. In the event that the noise from such events or activities disturbs other tenants within the Building, Tenant will promptly decrease the noise emanating from such event until it no longer disturbs the applicable tenants in the Building, and Landlord and Tenant will thereafter agree upon further reasonable measures for mitigating any adverse effects of such noise on other tenants. Tenant will not use the Common Area in any manner that is inconsistent with Tenant’s permitted use of the Premises nor in any manner that unreasonably interferes with the use of the Property by other tenantoccupants or users of the Property. Tenant will obtain and maintain, at Tenant’s sole cost and expense, all permits and approvals required under the Laws for Tenant’s use of the Property. If Tenant’s particular use or occupancy of the Project. Premises or Property (even though within the scope of Tenant’s permitted use) causes or requires Landlord to incur any unusual or extraordinary costs or expenses (including, without limitation, costs for any (i) special governmental permits, (ii) special maintenance, monitoring, inspection or reporting requirements, (iii) additional insurance premiums, surcharges, policies or coverages, or (iv) other matters required solely as a result of Tenant’s particular use or occupancy of the Premises or Property), Landlord may xxxx Tenant shall directly therefor and Tenant will pay Landlord, all such cost and expense so billed to Landlord as Additional Rent, any increases in insurance premiums resulting from any use of . So long as Tenant is using the Premises for any purpose other than the initial Tenant’s Permitted UseUse described in the Basic Terms, Landlord will not lease any space within the Property to any individual, corporation, partnership, unincorporated association, limited liability company, trust, governmental authority or other entity engaged in the business of manufacturing or selling, at wholesale or retail, fretted musical instruments, musical instrument amplification equipment, sound reinforcement equipment, or related products or accessories.

Permitted Use. Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises which is greater than the average occupancy density of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. Tenant shall will not use or permit the use of the Premises for any purpose or in any manner that would invalidate coverage or increase premiums for any insurance covering the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than general and administrative office, training, storage and cafeteria uses, and any/or other lawful purposes (“Permitted Use”). Tenant will not conduct such Permitted Use of the Premises, or allow such Permitted Use to be conducted by any Tenant Parties, in violation of any Requirements or in any manner which would (a) violate any certificate of occupancy affecting the Property; (b) make void or voidable any insurance that Landlord is required to maintain under this Lease with respect to the Property; or (c) constitute a public or private legal nuisance or waste; provided, however, that that it is acknowledged that the use of the Premises generally for general and administrative offices, training, storage and cafeteria uses in accordance with the other provisions of this Lease will not be deemed to violate the terms of this Section 4.1. Tenant will not use the Common Area in any manner that is inconsistent with the Permitted Use nor in any manner that unreasonably interferes with the use of the Property by other occupants or users of the Property (it being agreed that the Permitted Use and the exercise of Tenant’s Permitted Userights under this Lease will not be deemed to constitute a violation of the terms of this sentence). If Tenant’s particular use or occupancy of the Premises or Property (other than for general and administrative offices, training or storage uses) causes or requires Landlord to incur any unusual or extraordinary costs or expenses (including, without limitation, costs for any (i) special governmental permits, (ii) special maintenance, monitoring, inspection or reporting requirements which are, in all event, required as a result of Laws first enacted after the Commencement Date, or changes to existing Laws first enacted after the Commencement Date, (iii) additional insurance premiums, surcharges, policies or coverages, or (iv) other matters required solely as a result of Tenant’s particular use or occupancy of the Premises or Property), Landlord may xxxx Tenant directly therefor and Tenant will pay all such cost and expense so billed to Landlord as Additional Rent. During any period within the Term that Tenant is not occupying and operating the Premises (excluding any such period during which the Premises are being repaired or restored in connection with a casualty, and then only excluding the portion of the Premises being repaired or restored), Tenant will keep those portions of the Premises visible from the Common Area from appearing abandoned, including, without limitation, keeping such areas lighted during Business Hours, free of stored materials, clean and otherwise maintained such that it is not apparent that business is not being conducted therein.

Permitted Use. Tenant shall use the Premises solely only for Tenant’s the Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentUse. ------------- Tenant will not occupy or use the Premises, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use or permit any portion of the Premises to be occupied or used, for any portion thereof business or purpose other than the Permitted Use or for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in the Premises or purpose which is greater than the average occupancy density unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of the other tenants of the Building. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises or elsewhere in the Projectfire, nor shall Tenant use, store, or discharge any "Hazardous Material" as defined in Section 45 hereof, nor permit anything to be done which will in any odorway increase the rate of insurance on the Building or contents; and if, smokeby act of Tenant, dustthere is any increase in the rate of insurance on the Building or contents created by Tenant's acts or conduct, gasthen such acts of Tenant shall be an event of default hereunder and Tenant shall pay to Landlord the amount of such increase within ten (10) days of written demand therefore. Acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will maintain the Premises in a clean, noise healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies of bodies having jurisdiction thereof) with reference to its use, the condition of or vibration its occupancy of the Premises as well as the provisions of all recorded documents affecting the Building which have been furnished by Landlord to emanate Tenant. Tenant will not, without the prior consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, paint, install lighting or install any signs, window or door lettering or advertising media on the exterior, or in a location that is visible from the exterior of the Premises. Tenant shall not use or permit the use place a load upon any floor of the Premises for any purpose exceeding the floor load per square foot that such floor was designated to carry or which is allowed by law. Landlord hereby reserves the right to prescribe the weight and position of all safes or other unusually heavy equipment that must be placed so as to distribute the weight. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant's sole cost and expense, in any manner that would invalidate coverage or increase premiums for any insurance covering the Premisessettings sufficient in Landlord's judgment to absorb and prevent transmission of vibration, the Building or the Project; or that would interfere with any other tenant’s use or occupancy of the Projectnoise and annoyance. Tenant shall pay not install or use in the Premises any electrical machinery or appliances that in Landlord, as Additional Rent, 's sole judgment may overload the electrical wiring or equipment capacity in the Premises or the Building. Tenant shall be responsible for the cost of making any increases in insurance premiums resulting from any use alterations or repairs to the Premises required by the provisions of the Premises for any purpose Americans with Disabilities Act ("ADA"). of 1990, 42 U.S.C. 12101 et.seq. ("ADA") and/or the Florida Americans with Disabilities Accessibility Implementation Act ("Florida ADA"), and all regulations promulgated thereunder or other than Tenant’s Permitted Usegovernmental laws at all times during the Lease Term following the Commencement Date.

Permitted Use. Tenant shall use and occupy the Premises solely only for Tenant’s Permitted Use the use set forth in Article 1.G. of the Basic Lease Provisions and shall not use or occupy the Premises or permit the same to be used or occupied for no any other purpose whatsoever without Landlord’s the prior written consentconsent of Landlord, which consent may be given or withheld in Landlord’s 's sole and absolute discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include and Tenant agrees that it will use of the Premises in such a manner so as not to interfere with or any portion thereof for (a) offices infringe upon the rights of any agency other tenants or bureau of occupants in the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are Project. Tenant's use shall not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density in for the Premises which is greater than the average density permitted by Legal Requirements, applicable building codes and zoning requirements; provided however, Landlord shall not be obligated to make any changes to the Base Building to accommodate Tenant's occupancy density. In addition, if Landlord reasonably determines that Tenant's density (1) affects the temperature otherwise maintained by the Building air conditioning system or (2) otherwise overloads any utility beyond the applicable capacities described in Section 11(a) below, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of the other tenants of the Buildingdesign, installation, operation, use, and maintenance, in each case, plus Landlord's standard administrative fee, shall be paid by Tenant to Landlord within thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance do or permit to be done anything which would invalidate or increase the cost of any waste in fire and extended coverage insurance policy covering the Premises or elsewhere in Project and/or the Project, nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to emanate from the Premises. property located therein and Tenant shall not use comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or permit the use of the Premises recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any purpose or in any manner that would invalidate coverage or increase premiums additional premium charges for any such insurance covering policy assessed or increased by reason of Tenant's failure to comply with the Premises, the Building or the Project; or that would interfere with any other tenant’s use or occupancy provisions of the Project. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than Tenant’s Permitted Usethis Article.

Permitted Use. The Premises shall be continuously used for the sole purpose of general business offices and/or for receiving, storing, shipping and selling (other than the at retail) products, materials and merchandise made and/or distributed by Tenant shall use the Premises solely for Tenant’s Permitted Use and for no other purpose whatsoever without Landlord’s prior written consentuse or purpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The overnight parking of automobiles, which may be withheld in Landlord’s sole discretion. Without limiting trucks or other vehicles, and the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices outside storage of any agency property including trash or bureau garbage are prohibited. Tenant agrees that it shall, at its own cost and expenses keep its employees, agents, customers, invitees, and/or licensees from parking on any streets running through or contiguous to the buildings or development of which the United States, any state or municipality, or any political subdivision premises are part thereof; (b) offices or agencies . Tenant agrees that no washing of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization; (d) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (e) retail or restaurant uses; (f) communications firms such as radio and/or television stations; or (g) any use which would result in an occupancy density type will take place in the Premises which is greater than premises including the average occupancy density of the other tenants of the Buildingtruck apron and parking areas. Tenant shall not create FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 any nuisance or permit any waste in the Premises objectionable or elsewhere in the Project, nor shall Tenant permit any odorunpleasant odors, smoke, dust, gas, noise or vibration vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of Development or unreasonably interfere with such tenants' use of their respective premises or permit any use which would adversely affect the reputation of the Development. Tenant shall not use receive, store or otherwise handle any product, material or merchandise which is explosive, highly flammable or constitutes a hazardous substance or waste. Tenant shall not permit the use of the Premises to be used for any purpose or (including, without limitation, the storage of merchandise) in any manner that which would invalidate coverage render the insurance thereon void or increase premiums for the insurance rate thereof. Tenant agrees to indemnify and hold Landlord harmless against any insurance covering and all loss, costs and claims, including attorney's fees relating to the improper storage, handling, transportation or disposal of explosive, highly flammable or hazardous materials or resulting from any other improper use. Tenants shall comply with all governmental laws, ordinances and regulations applicable to the Premises, and shall promptly comply with all governmental orders and directives for the Building correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the ProjectPremises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises must be altered to accommodate lawfully the use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; or provided that would interfere the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply with any other tenant’s use or occupancy of the Projectsuch laws, ordinances and regulations. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any take whatever other actions are necessary so that the Premises and Tenant's use thereof complies with the Fire Prevention Code of the Premises for National Fire Protection Association and any purpose other than Tenant’s Permitted Usefire prevention laws, ordinances, rules or regulations applicable to the Premises.