Common use of Prohibited Uses Clause in Contracts

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D5.2, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State Commonwealth of UtahMassachusetts, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by Applicable Laws now or to the Americans with Disabilities Act of 1990 (collectivelyhereafter in effect, the “Laws”)or any Underlying Documents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Tenant acknowledges that the Project is subject to an Activity and Use Limitation, notice of which dated April 10, 2001 has been recorded at Book 32708, Page 374 of the Middlesex South Registry of Deeds and Document No. 1168354 of the Middlesex County Registry District of the Land Court, a copy of which has been provided to Tenant.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedmedical offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under (a) Notwithstanding any other provision of this Lease Lease, Tenant shall include, without limitation, not use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States Building, or any state or political subdivision part thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person the use or persons to use, occupancy of the Premises or the Building or any part thereof by any of the Tenant Parties (i) in a manner which violates any of the covenants, agreements, terms, provisions and conditions of this Lease; (ii) for any unlawful purposes or in any unlawful manner; (iii) which, in the reasonable good faith judgment of Landlord (taking into account the use or purpose contrary to the provisions of the Rules Building as a combination laboratory, research and Regulations set forth in Exhibit D, attached hereto, as development and office building and the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, Permitted Uses) shall (a) impair the appearance or in violation reputation of the lawsBuilding; (b) impair, statutes, regulations, interfere with or other rules or requirements otherwise diminish the quality of any of the United States of America, the State of UtahBuilding services, or the ordinances, rules, regulations or requirements use of any of the local municipal Common Areas; (c) occasion discomfort, inconvenience or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will annoyance in any way material respect, or cause any injury or damage the reputation of the Project or obstruct or interfere with the rights of to any other tenants or occupants of the Building or the Other Buildingstheir property; or (d) cause harmful air emissions, laboratory odors or injure them noises or use any unusual or allow other objectionable odors, noises or emissions to emanate from the Premises taking into account the use of the Building as a combination laboratory, research and development and office building and the Permitted Uses); (iv) in a manner which is materially inconsistent with the operation and/or maintenance of the Building as a first-class combination office, research, development and laboratory facility; (v) [intentionally omitted]; or (vi) in a manner which shall increase such insurance rates on the Building or on property located therein over that applicable when Tenant first took occupancy of the Premises hereunder unless Tenant pays such increase within thirty (30) days after demand therefor from time to be used for time. From and after the Execution Date, Landlord shall include substantially similar provisions in any unlawful or reasonably objectionable purpose, nor other leases at the Building and shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3not enforce such provisions in a discriminatory manner.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any commonwealth or state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization (operation of a biological research and testing lab as currently performed by Tenant excepted); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; (vi) communications firms such as commercial broadcast radio and/or or television stations, or ; (vii) an executive suites subleasing business telemarketing or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty call center; or (150viii) rentable square feet of the Premisescollection agency. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit EXHIBIT D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State Commonwealth of UtahMassachusetts, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, Project including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined in SUBSECTION 29.31.1 below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights rights, safety and quiet enjoyment of other tenants or occupants of the Building or and the Other BuildingsProject, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now Premises or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or health care service organization to the extent providing on-site health services to patients; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; provided, however, Landlord hereby agrees that intermittent training sessions conducted by or for Tenant (or any Permitted Transferee or any of Tenant’s Occupants) with respect to methods and procedures related to the biopharmaceutical industry and/or general business practices, shall not be so prohibited; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than five (5) persons per each one person per one hundred fifty thousand (1501,000) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoperational offices of any health care professionals or service organization (i.e., for purposes of dispensing medical services on-site); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than five (5) persons per each one person per one hundred fifty thousand (1501,000) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or materially obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant and Tenant's agents shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of commit or suffer to be committed any waste upon the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant 's agents shall not do or permit anything to be done in or about the Premises or Common Area which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants any authorized users of the Building or the Other BuildingsCommon Area, or injure them or annoy them. Tenant shall not conduct or permit any auction or sale open to the public to be held or conducted on or about the Premises or Common Area. Tenant and Tenant's agents shall not use or allow the Premises to be used for any unlawful or reasonably objectionable purposehazardous purpose or any purpose not permitted by this Lease, nor shall Tenant or Tenant's agents cause, maintain maintain, or permit any nuisance in, on or about the Premises. Tenant and Tenant's agents shall comply not do or permit anything to be done in or about the Premises or Common Area nor bring or keep anything in the Premises or Common Area which will in any way increase the rate of any insurance upon the Premises or Common Area or any part thereof or any of its contents, or cause a cancellation of any insurance policy covering the Premises or Common Area or any part thereof or any of its contents, nor shall Tenant or Tenant's agents keep, use or sell or permit to be kept, used or sold in or about the Premises any articles which may be prohibited by a standard form policy of fire insurance. In the event the rate of any insurance upon the Premises or Common Area or any part thereof or any of its contents is increased because of the acts or omissions of Tenant or Tenant's agents, Tenant shall pay, as Additional Rent, the full cost of such increase to the extent attributable solely to Tenant's or its agents' acts or omissions; provided however this provision shall in no event be deemed to constitute a waiver of Landlord's rights or remedies in connection with all recorded covenantssuch increase. Tenant and Tenant's agents shall not place any loads upon the floor, conditionswalls or ceiling of the Premises which would endanger the Premises or the structural elements thereof, nor place any harmful liquids in the drainage system of the Premises. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or Common Area except in enclosed trash containers. No materials, supplies, equipment, finished products (or semi-finished products), raw materials, or other articles of any nature shall be stored upon, or be permitted to remain on, any portion of the Common Area. Tenant shall not allow any activity which in the reasonable opinion of Landlord is detrimental to the operation of the Common Area or to tenants of Landlord in other buildings located on the Common Area or upon real property owned by Landlord adjacent to the Common Area, including but not limited to any picketing, work stoppage, or other concerted activity. Landlord shall have the right to require Tenant, at Tenant's own expense and restrictions now within a reasonable period of time, to use Tenant's commercially reasonable efforts to terminate or hereafter affecting control any such picketing, work stoppage or other concerted activity to the Projectextent necessary to eliminate any interference with the operation of the Common Area or such tenants. 5.3Failure by Tenant to use its commercially reasonable efforts to do so shall be a Default by Tenant. Nothing contained in this paragraph shall be construed as placing Landlord in an employer-employee relationship with any of Tenant's employees or with any other employees who may be involved in such activity.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one 1 person per one hundred fifty (150) 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are in a commercially reasonable and Landlord provides written notice of such amendments to Tenantnon-discriminatory manner, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 5.32005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant's use shall not allow result in an occupancy density of use of for the Premises which is greater than one person per one hundred fifty the total number of parking passes granted to Tenant under this Lease (150) rentable square feet i.e., as more particularly set forth in Section 9 of the PremisesSummary). Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long ("Rules and Regulations"), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail use or the operation of any restaurant uses (except as otherwise set forth in this Lease)offering services to the public; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)Substances. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Except for small quantities customarily used in business offices, Tenant shall not cause or permit any Hazardous Substance to be kept, maintained, used, stored, produced, generated or disposed of (into the sewage or waste disposal system or otherwise) on or in the Premises by Tenant or Tenant’s agents, employees, contractors, invitees, assignees or sublessees, without first obtaining Landlord’s written consent. Tenant shall immediately notify, and shall direct Tenant’s agents, employees contractors, invitees, assignees and sublessees to immediately

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person eight (8) persons per one hundred fifty (150) 1,000 rentable square feet of space located in the Premises. Notwithstanding the foregoing, subject to the following terms, Tenant shall be permitted to allow occupancy density of use of the Premises which is greater than such foregoing ratio, provided that (i) Tenant shall provide Landlord with reasonable advance notice of such anticipated increased occupancy density, (ii) in no event shall Tenant allow occupancy density of use of the Premises which is greater than the density permitted by Applicable Laws for general office use tenants in the Building and Comparable Buildings, and (iii) Tenant shall be solely responsible (including all costs and expenses relating thereto) for any required modifications, upgrades or other equipment or devices to appropriately support such increased occupancy density in accordance with Section 6.2, below, and any such modifications or other work or installations shall otherwise be subject to the terms of Article 8 of this Lease. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. As of the date of this Lease, Landlord hereby represents that there are no existing recorded easements, covenants, conditions, or restrictions affecting the Project with which Tenant is required to comply. Notwithstanding the foregoing, Tenant shall comply with with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or (collectively, the “CC&Rs”) hereafter affecting the Project. 5.3, provided that Landlord shall not enter into any recorded easements, covenants, conditions, or restrictions affecting the Project after the date of this Lease which prevents Tenant from using, or unreasonably interferes with Tenant’s use of or access to, the Premises for the Permitted Use, or otherwise materially adversely affects Tenant’s rights under this Lease.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant’s use shall not allow result in an occupancy density of use of for the Premises which is greater than one person per one hundred fifty the total number of parking passes granted to Tenant under this Lease (150) rentable square feet i.e., as more particularly set forth in Section 9 of the PremisesSummary). Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long (“Rules and Regulations”), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises; provided, however, that to Landlord’s knowledge regarding Tenant’s implementation of the Permitted Use set forth in Section 5 of the Summary, as of the date of this Lease Tenant’s Permitted Use complies with this Section 5.2. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under Notwithstanding anything to the contrary in this Lease shall includeor the BLI Rider, without limitationincluding but not limited to, use the “Use of Premises” Section of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereofBLI Rider, (iii) intentionally omitted; (iv) schools or other training facilities which are Tenant hereby represents, warrants and agrees that Tenant’s business is not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant and shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants be, and agrees that Tenant shall not useuse the Premises or any part thereof, or suffer or permit any person or persons to use, the Premises or any part thereof to be used, (i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any use manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or purpose contrary dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the provisions extent that such uses are incidental to Tenant’s own business or activities. The Use of the Rules and Regulations set forth in Exhibit D, attached hereto, Premises made by Tenant is not a use deemed as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice “place of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to public accommodation” under the Americans with Disabilities Act of 1990 (collectively“ADA”) and, notwithstanding anything in this Lease to the “Laws”). Tenant shall not do or permit anything to be done in or about contrary, no use of the Premises which will in any way damage during the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsLease Term, or injure them or use or allow shall be made that would cause the Premises to be used for a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any unlawful or reasonably objectionable purposeof the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, nor shall Tenant causeand assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, maintain or permit any nuisance in, on or about other than those resulting from Tenant’s use of the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow the average occupancy density of use of for the Premises which to exceed the maximum occupancy as determined by the fire marshal or Applicable Laws, provided that Landlord makes no representation that the “HVAC,” as that term is defined in Section 6.1 below, has the capacity to accommodate an occupancy density greater than one (1) person per one hundred fifty (150) each 175 rentable square feet of floor area within the Premisesoffice space portion of the Premises (provided that Tenant properly designs and configures the Premises to distribute the HVAC within the Premises as part of the Tenant Improvements or in connection with future Alterations). Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long (“Rules and Regulations”), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under (a) Notwithstanding any other provision of this Lease Lease, Tenant shall include, without limitation, not use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States Building, or any state or political subdivision part thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person the use or persons to use, occupancy of the Premises or the Building or any part thereof by Tenant, its Portfolio Companies, and/or their agents, servants, employees, consultants, contractors, subcontractors, licensees and/or subtenants (collectively with Tenant, the “Tenant Parties”) (i) in a manner which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or otherwise applicable to or binding upon the Premises; (ii) for any unlawful purposes or in any unlawful manner; (iii) which, in the reasonable judgment of Landlord (taking into account the use or purpose contrary to the provisions of the Rules Building as a combination office and Regulations set forth in Exhibit D, attached hereto, as retail building and the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, Permitted Uses) shall (a) impair the appearance or in violation reputation of the lawsBuilding; (b) impair, statutesinterfere with or otherwise diminish the quality of any of the Building services or the proper and economic heating, regulationscleaning, ventilating, air conditioning or other rules or requirements servicing of the United States of America, the State of UtahBuilding or Premises, or the ordinances, rules, regulations use or requirements occupancy of any of the local municipal Common Areas; (c) occasion discomfort, inconvenience or county governing body annoyance in any material respect, or other lawful authorities having jurisdiction over the Project, including, without limitation, cause any such laws, ordinances, regulations injury or requirements relating damage to Hazardous Materials (as defined below) or to the Americans with Disabilities Act any occupants of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or their property; or (d) cause harmful air emissions or any unusual or other objectionable odors, noises or emissions to emanate from the Other Buildings, Premises; (iv) in a manner which is inconsistent with the operation and/or maintenance of the Building as a first-class combination office and retail facility; (v) for any fermentation processes whatsoever; or injure them (vi) in a manner which shall increase such insurance rates on the Building or use or allow on property located therein over that applicable when Tenant first took occupancy of the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3hereunder.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one (1) person per one hundred fifty (150) for each 125 rentable square feet of the Premises; provided, however, that such density ratio shall be applicable to the entirety of the space then leased by Tenant in the Project (and shall not apply on a floor by floor basis). Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by Applicable Laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsProject, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Project (collectively, the “Underlying Documents”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any commonwealth or state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization (operation of a biological research and testing lab as currently performed by Tenant excepted); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; (vi) communications firms such as commercial broadcast radio and/or or television stations, or ; (vii) an executive suites subleasing business telemarketing or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty call center; or (150viii) rentable square feet of the Premisescollection agency. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit EXHIBIT D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or 17 in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State Commonwealth of UtahMassachusetts, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, Project including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined in SUBSECTION 29.31.1 below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights rights, safety and quiet enjoyment of other tenants or occupants of the Building or and the Other BuildingsProject, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now Premises or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person of its employees, agents, or persons contractors to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, D attached hereto, as the same may be reasonably and non-discriminatorily amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenanttime, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit its employees, agents, or contractors to do anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit its employees, agents, or contractors to cause or maintain any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Project and any rules, regulations and restrictions contained therein or promulgated thereunder; provided the same do not unreasonably interfere with Tenant’s use of the Premises as permitted under this Lease.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable for each 150 square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit DI), attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to Building; provided however that Landlord agrees that the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant Rules and Regulations shall not do be (i) modified or permit anything enforced in any way by Landlord so as to interfere with the Permitted Use, or (ii) discriminatorily modified or enforced against Tenant, or (iii) modified in a way that materially and adversely conflicts with the terms and conditions of this Lease. Landlord agrees that nothing in the Rules and Regulations of the Building shall be done in used to prohibit or about unreasonably interfere with the conduct of any business from the Premises which will in Tenant is permitted to conduct. In the event any way damage the reputation of the Project other tenant or obstruct or interfere with the rights of other tenants or occupants occupant of the Building or fails to comply with the Other BuildingsRules and Regulations, or injure them or and such non-compliance unreasonably and materially interferes with Tenant’s use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about of the Premises, Landlord shall use reasonable efforts to cause such other tenants and/or occupants to comply with the Rules and Regulations. Tenant shall comply with all recorded covenants, conditions, and restrictions restrictions, and the provisions of all ground or underlying leases, now or hereafter (provided Tenant consents to the same, which consent shall not be unreasonably withheld, conditioned or delayed) affecting the ProjectReal Property which have been provided by Landlord to Tenant in writing, and shall not at any time use or occupy or allow any person to use or occupy the Premises or the Building or do or permit anything to be done or kept in the Premises or the Building in any manner which: (i) violates any certificate of occupancy in force for the Premises or the Building; (ii) causes or is likely to cause damage to the Real Property, the Building, the Premises or any equipment, facilities or other systems therein; (iii) other than conducting normal banking operations from its Premises, results in repeated demonstrations, bomb threats or other events which require evacuation of the Building or otherwise disrupt the use, occupancy or quiet enjoyment of the Building by other tenants and occupants; or (iv) materially interferes with the transmission or reception of microwave, television, radio or other communications signals by antennae located on the roof of the Building or elsewhere in the Building. 5.3Tenant, at Tenant’s expense, shall comply with all laws, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty or requirement relating to the use, occupation or alteration of the Premises.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty the occupancy density that can be reasonably supported by the Building Systems (150taking into consideration any supplemental systems installed by Tenant) rentable square feet or which would result in the use of more Project parking spaces than provided to Tenant under the Premisesterms of this Lease (taking into consideration any offsite parking programs enacted by Tenant). Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of *** Confidential portions of this document have been redacted and filed separately with the Commission. the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or unreasonably annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow the average occupancy density of use of the total Premises which is greater than one person four (4) persons per one hundred fifty thousand (1504:1000) rentable square feet of space located in the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any commonwealth or state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; (vi) communications firms such as commercial broadcast radio and/or or television stations, or ; (vii) an executive suites subleasing business marketing or operation. Tenant shall not allow occupancy density of use call center if it would increase the parking requirements for the Premises beyond the parking spaces allocated pursuant to Section 9 of the Premises which is greater than one person per one hundred fifty Summary of Basic Lease Information; or (150viii) rentable square feet of the Premisescollection agency. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth (as defined in Exhibit DSection 5.6, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenantbelow), or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State Commonwealth of UtahMassachusetts, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined in SECTION 29.31.1 below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary in violation of Applicable Laws. Landlord shall have the right to the provisions of the impose Rules and Regulations set forth in Exhibit D, attached heretoregarding the use of the Project, as the same may be amended reasonably deemed necessary by Landlord from time with respect to time so long the orderly operation of the Project, and Tenant shall comply with such Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon Landlord any duty or obligation to enforce the rules and regulations or the terms, covenants or conditions in any other lease as such amendments are commercially reasonable against any other tenant and Landlord provides written notice of such amendments shall not be liable to Tenant, or in Tenant for violation of the lawssame by any other tenant, statutesits servants, regulationsemployees, agents, contractors, visitors, invitees or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)licensees. Tenant shall not do or permit anything to be done in or about the Premises which will in any way (a) damage the reputation of the Project (provided, however, the use of the Premises for the Permitted Use (including vivarium use) shall not be deemed in and of itself to damage the reputation of the Project), (b) impair, interfere with or otherwise diminish the quality of any of the Building services or the proper and economic heating, cleaning, ventilating, air conditioning or other servicing of the Building or Premises, or the use of any of the Common Areas, (c) obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or them, (d) use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall (e) cause laboratory odors or noises (that are not typical of First Class Life Sciences Projects in which vivariums are operated) or harmful air emissions to emanate from the Premises; (f) increase such insurance rates on the Building or on property located therein over that applicable when Tenant first took occupancy of the Premises hereunder, or (g) cause, maintain or permit any legal nuisance in, on or about the Premises. Furthermore, Tenant shall comply with all recorded covenantsnot (i) place or maintain any garbage, conditionstrash, and restrictions now rubbish or hereafter affecting other refuse (collectively, “Trash”), signage (except as may be permitted by Section 23 below) or other articles in any vestibule or entry of the Project. 5.3Premises, on the footwalks or corridors adjacent thereto or elsewhere on the exterior of the Premises, nor obstruct any driveway, corridor, footwalk, parking area, mall or any other Common

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or related medical service organization; (iv) schools or other training facilities which are not ancillary to the 692500.09/WLA371593-00023/6-13-12/ao/ao -00- XXX XXXXXX[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] Permitted Use set forth in Section 7 of the Summary or any corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant's use shall not allow result in an occupancy density of use of for the Premises which is greater than seven (7) persons per each one person per one hundred fifty thousand (1501,000) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long ("Rules and Regulations"), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahWashington, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to Building; provided however that Landlord agrees that the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant Rules and Regulations shall not do be (i) modified or permit anything enforced in any way by Landlord so as to interfere with the Permitted Use, or (ii) discriminatorily modified or enforced against Tenant. Landlord agrees that nothing in the Rules and Regulations of the Building shall be done in used to prohibit or about unreasonably interfere with the conduct of any business from the Premises which will in Tenant is permitted to conduct. In the event any way damage the reputation of the Project other tenant or obstruct or interfere with the rights of other tenants or occupants occupant of the Building or fails to comply with the Other BuildingsRules and Regulations, or injure them or and 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] such non-compliance unreasonably and materially interferes with Tenant's use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about of the Premises, Landlord shall use reasonable efforts to cause such other tenants and/or occupants to comply with the Rules and Regulations. Tenant shall comply with all recorded covenants, conditions, and restrictions restrictions, and the provisions of all ground or underlying leases, now or hereafter affecting the ProjectReal Property which have been provided by Landlord to Tenant in writing, and shall not at any time use or occupy or allow any person to use or occupy the Premises or the Building or do or permit anything to be done or kept in the Premises or the Building in any manner which: (i) violates any certificate of occupancy in force for the Premises or the Building; (ii) causes or is likely to cause damage to the Real Property, the Building, the Premises or any equipment, facilities or other systems therein; (iii) other than conducting normal banking operations from its Premises, results in repeated demonstrations, bomb threats or other events which require evacuation of the Building or otherwise disrupt the use, occupancy or quiet enjoyment of the Building by other tenants and occupants; or (iv) materially interferes with the transmission or reception of microwave, television, radio or other communications signals by antennae located on the roof of the Building or elsewhere in the Building. 5.3Tenant, at Tenant's expense, shall comply with all laws, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty or requirement relating to the use, occupation or alteration of the Premises.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of or permit the Leased Premises which is greater to be used in any manner other than one person per one hundred fifty (150) rentable square feet of the PremisesPermitted Uses. Tenant further covenants and agrees that Notwithstanding anything contained herein to the contrary, Tenant shall not use, or suffer use or permit the Leased Premises to be used in any person or persons to use, the Premises or any part thereof for any use or purpose manner which would (a) be contrary to any statute, rule, order, ordinance, requirement or regulation applicable or Tenant's use thereof including, but in no way limited to the provisions of the Rules and Regulations set forth in Exhibit D, attached heretoEnvironmental Laws, as such term is hereafter defined; (b) cause injury to the same may be amended by Landlord from time Leased Premises; (c) constitute a public or private nuisance or waste or constitute or create any noise, vibration or other sound that is not within industry standards for the machinery or equipment causing such noise, vibration or sound; (d) render the insurance on the Leased Premises void or the insurance risk more hazardous or create any defense to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments payment; (e) require any additional retrofitting or improvements to Tenant, or in violation of the Leased Premises to fully comply with any applicable laws, statutes, regulations, or other rules or regulations of any governmental authority or body, including, but in no way limited to, any requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to Occupational Safety and Health Act and the Americans with Disabilities Act Act; and (f) be inconsistent with the general tone and tenor of 1990 the operations of the neighboring buildings, facilities or neighborhood uses in the general area of the Leased Premises (collectively, the “Laws”"Prohibited Use"). Tenant Xxxxxx agrees that it will promptly, upon discovery of any such Prohibited Use, take all necessary steps to compel the discontinuance of such use. Landlord shall be entitled to and shall have the right and authority, as part of the rules and regulations that may be imposed from time to time, to fully or partially restrict, regulate and/or dictate areas of the Leased Premises in which smoking may or may not do take place or permit anything to be done in or about the Premises which will permitted including, without limitations, imposing regulations that would prohibit smoking in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3confined area.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use ·of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such the operation of a “Co-Working Facility,” as radio and/or television stationsthat term is defined below, or (vii) an executive suites subleasing business or operation. and Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet any Co-Working Facility to occupy all or any portion of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectivelyhereafter in effect, the “Laws”)or any Underlying Documents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3A “Co-Working Facility” means a shared working environment (that creates workplace/office solutions, with services) that often includes office space (including executive/shared office suites, an incubator-type office/facility, a flexible workplace center or virtual office space).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further fmiher covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction havingjurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant's rights and obligations under the Lease and Tenant's use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Tenant shall not cause or permit any "Hazardous Substance," as that term is defined below, to be kept, maintained, used, stored, produced, generated or disposed of (into the sewage or waste disposal system or otherwise) on or in the Premises by Tenant or Tenant's agents, employees, contractors, invitees, assignees or sublessees, without first obtaining Landlord's written consent. Tenant shall immediately notify, and shall direct Tenant's agents, employees contractors, invitees, assignees and sublessees to immediately notify, Landlord of any incident in, on or about the Premises, the Building or the Project that would require the filing of a notice under any federal, state, local or quasi-governmental law (whether under common law, statute or otherwise), ordinance, decree, code, ruling, award, rule, regulation or guidance document now or hereafter enacted or promulgated, as amended from time to time, in any way relating to or regulating any Hazardous Substance. As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the State of California, or the United States government. "Hazardous Substance" includes any and all material or substances which are defined as "hazardous waste," "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous Substance" also includes asbestos, polychlorobiphenyls (i.e., PCB's) and petroleum.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow the occupancy density of use of within the Premises which is greater than one person to regularly exceed a ratio of five (5) persons per one hundred fifty (150) each 1,000 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose (1) contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long (“Rules and Regulations”), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, or this Lease as Exhibit D; (2) in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; or (as defined below3) in violation of any exclusive use now or to the Americans with Disabilities Act hereafter in effect of 1990 which Landlord has given Tenant written notice (collectivelyincluding, without limitation, the “Laws”exclusive uses described on Exhibit F attached hereto). Tenant shall not bring upon the Premises or any portion of the Building or use the Premises or permit the Premises or any portion thereof to be used for the growing, manufacturing, administration, distribution (including without limitation, any retail sales), possession, use or consumption of any cannabis, marijuana or cannabinoid product or compound, regardless of the legality or illegality of the same. Notwithstanding the foregoing, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply not use or operate the Premises in any manner that will cause the Building or any part thereof not to conform with all recorded covenants, conditions, and restrictions now Landlord’s sustainability practices or hereafter affecting the Project. 5.3certification of the Building issued pursuant to any Third Party Sustainability Standard applicable to the Building at any time as determined by Landlord.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, DOCPROPERTY "Document number" 4884-2045-4146. DOCPROPERTY "Document version" 4 DOCPROPERTY "Client" 186772. DOCPROPERTY "Matter" 00003/ SAVEDATE \@ M-d-yy 3-21-23/ DOCPROPERTY "User Init" mem/ DOCPROPERTY "Typist Init" ejs DOCPROPERTY "Footer Notes" HEALTHPEAK[Towers at Sierra Point][Tempest Therapeutics, Inc.] any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by Applicable Laws now or hereafter in effect, or any Underlying Documents. Landlord shall have the right to impose reasonable and customary rule and regulations regarding the use of the Project, as reasonably deemed necessary by Landlord with respect to the Americans orderly operation of the Project, and Tenant shall comply with Disabilities Act such reasonable rules and regulations, which shall not be enforced in a manner intended to discriminate against Tenant. In the event of 1990 (collectivelya conflict between the rules and regulations and the terms of this Lease, the “Laws”)terms of this Lease shall control. Tenant shall not use or allow the Premises to be used for any improper, unlawful, or objectionable purpose or do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Xxxxxx's rights and obligations under the Lease and Xxxxxx's use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons person(s) to use, the Premises in any manner which (i)will cause structural injury or any part thereof for any use material damage to the Building; or purpose (ii) is contrary to the provisions of the Rules any rules and Regulations set forth in Exhibit D, attached hereto, regulations as the same may be amended promulgated by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenanttime, or is in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the ProjectProject (collectively, “Laws”), including, without limitation, any such laws, ordinances, regulations or requirements Laws relating to “Hazardous Materials Materials,” as that term is defined in Section 7.1.6, below. Tenant shall not operate any equipment within the Premises which will (A) materially damage the Building or the Common Areas; (B) overload existing electrical systems or other mechanical equipment servicing the Building and/or the Premises; (C) impair the efficient operation of the sprinkler system or the heating, ventilating or air conditioning (“HVAC”) system and equipment servicing the Building and/or the Premises; or (D) damage, overload or corrode the sanitary sewer system for the Project and/or the Building. Tenant shall not attach, hang or suspend anything from the ceiling, roof, walls or columns of the Building, set any load on the floors of the Premises or Building in excess of the load limits for which such items are designed, or operate hard wheel forklifts within the Premises. Any dust, fumes, or waste products generated by Tenant’s use of the Premises shall be contained and disposed of, as defined belownecessary, so that the same do not (1) create an unreasonable fire or to health hazard at the Americans with Disabilities Act of 1990 Project; (collectively2) damage the Premises, the “Laws”Building or the Project; or (3) result in the violation of any Law. Except as approved in advance in writing by Landlord, Tenant shall not alter the exterior of the Building in any way (except as approved by Landlord pursuant to Section 4.4 below), or install any equipment or antenna on, or make any penetrations of, the exterior or roof of the Building. Tenant shall not commit or permit any waste in or about the Premises, the Building or the Project, and Tenant shall keep the Premises in a neat, clean, attractive and orderly condition, free of any nuisances. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or annoy them, or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenantsnot conduct on any portion of the Premises or the Project any sale of any kind, conditionsincluding any public or private auction, and restrictions now fire sale, going-out-of-business sale, distress sale or hereafter affecting the Project. 5.3other liquidation sale.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant Sublessee shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenantof, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do suffer or permit anything to be done in the Sublease Premises or about the Premises Building or any part thereof (i) which will would violate any of the covenants, agreements, terms, provisions and conditions of this Sublease, (ii) for any unlawful purposes or in any unlawful manner, or (iii) which, in the reasonable judgment of Sublessor or Landlord shall in any way damage (a) impair or tend to impair the appearance or reputation of the Project or obstruct Building, (b) impair or interfere with or tend to impair or interfere with any of the rights Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building, or (c) occasion discomfort, inconvenience or annoyance to any of the other tenants or occupants of the Building Building, whether through the transmission of noise or odors or otherwise. Without limiting the Other Buildingsgenerality of the foregoing, no food (except in connection with customary office vending machines, coffee service facilities and lunch room facilities set forth on the Complete Plans or injure them or use or allow the Premises to be other plans approved by Sublessor, provided such machines and facilities are used for and by occupants of the Sublease Premises only and their guests and further provided Sublessee pays any unlawful resulting increased costs pursuant to Section 13.8 and the other applicable provisions of this Sublease) shall be prepared or reasonably objectionable purpose, nor shall Tenant cause, maintain served for public or permit any nuisance in, commercial consumption on or about the Sublease Premises; no intoxicating liquors or alcoholic beverages shall be sold or otherwise served to the general public on or about the Sublease Premises; no lottery tickets (even where the sale of such tickets is not illegal) shall be sold and no gambling, betting or wagering shall otherwise be permitted on or about the Sublease Premises; no combustible materials (except as disclosed to and approved by Sublessor) shall be stored or warehoused; no loitering shall be permitted on or about the Sublease Premises; and no loading or unloading of supplies or other material to or from the Sublease Premises shall be permitted on the Lot except during such hours as the Building is customarily open for business. Tenant The Sublease Premises shall comply be maintained by Sublessee in a sanitary condition, kept free from odors and kept free from rodents and laboratory animals of any kind and vermin. Sublessee shall be responsible for the proper handling and disposal of all its trash, rubbish and other wastes, and for compliance with all recorded covenantslocal, conditions, state and restrictions now federal laws applicable to the storage and disposal of any such wastes. Sublessee shall also provide cleaning services to the Sublease Premises according to cleaning standards generally prevailing in first class buildings in the City of Boston and in accordance with any cleaning specifications or hereafter affecting the Project. 5.3rules and regulations promulgated from time to time by Landlord and Sublessor.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of Applicable Laws. Landlord shall have the laws, statutes, regulations, or other right to impose reasonable and customary non-discriminatory rules or requirements and regulations regarding the use of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or reasonably deemed necessary by Landlord with respect to the Americans orderly operation of the Project, and Tenant shall comply with Disabilities Act such reasonable rules and regulations provided the same are provided to Tenant in writing. In the event of 1990 (collectivelyany conflict between the rules and regulations and the other provisions of this Lease, the “Laws”)terms of this Lease shall control. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant's rights and obligations under the Lease and Tenant's use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Landlord hereby confirms that as of the date of this Lease there are no recorded easements, covenants, conditions, and restrictions affecting the Project. Tenant shall only be required to comply with any future recorded easements, covenants, conditions, and restrictions affecting the Project provided the same do not materially and adversely affect Tenant’s rights (including parking rights) under this Lease or use of or access to the Premises for the Permitted Use or materially increase Tenant’s obligations under this Lease.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed), allow the average occupancy density of use the Premises to be in excess of reasonable occupancy densities of similar spaces, as reasonably determined by Landlord; it being agreed and acknowledged by Tenant that (i) in no event shall Tenant permit average occupancy density of the Premises which is greater than one person per one hundred fifty to violate any governmental permit or zoning requirements or any requirements of any insurance policy affecting the Premises or the Building, and (150ii) rentable square feet it shall be reasonable for Landlord to withhold its consent to any increase in average occupancy density of the PremisesPremises if such density will have a materially, adverse impact on the parking facilities of the Project. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations regulations set forth in Exhibit DD (“Rules and Regulations”), attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of Applicable Laws; provided, however, Landlord shall not enforce, change or modify the laws, statutes, regulations, Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or other rules or requirements enforced in a manner which will unreasonably interfere with the normal and customary conduct of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: therefor (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedmedical/operational offices (as opposed to general offices) of any health care professionals; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail retail, restaurant uses, food service establishment, drive-in or restaurant uses walk-up eating facility (except as otherwise set forth provided that the foregoing item (v) shall not be deemed to prohibit Tenant from catering meals in this Leasethe Premises for consumption by Tenant’s employees in the ordinary course and practice of Tenant’s business, which shall be permitted); or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials hazardous substances (as defined in Section 29.40.1, below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now not commit or hereafter affecting suffer to be committed any waste in or upon the Project. 5.3Premises.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenanttime, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or health service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) broadcast communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty fifteen (150115) rentable square feet of the PremisesPremises on average. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the any laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or other requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the ProjectProject now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”) including, without limitation, any such laws, ordinances, regulations or requirements Applicable Laws relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”hereinafter defined). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Landlord covenants that it shall enforce the Rules and Regulations in a non-discriminatory manner.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, XXXXXX REALTY Del Mar Corporate Centre II [DermTech, Inc.] 0000-0000-0000.7 377185.00017/7-1-21/gjn/gjn or suffer or permit any person or persons under its control to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long ("Rules and Regulations"), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will (as defined belowx) unreasonably interfere with the normal and customary conduct of Tenant's business or Tenant rights of access, or (y) or to the Americans with Disabilities Act of 1990 otherwise decrease Tenant’s rights, or increase Tenant’s obligations hereunder (collectively, the “Laws”other than on a de minimis basis). Tenant shall not do or permit any person or persons under its control to do anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsProject, or injure or annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization providing direct and onsite health care services to patients; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; (vi) communications firms such as radio and/or television stations, or ; (vii) an executive suites subleasing business incubator/co-working company; or operation. (viii) Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet in violation of the PremisesApplicable Laws. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, D attached hereto, as hereto (the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable “Rules and Landlord provides written notice of such amendments to TenantRegulations”), or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by Applicable Laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectivelyTenant’s business and provided, further, that in the “Laws”)event of any conflict between the TCCs of this Lease and the TCCs of the Rules and Regulations, then the TCCs of this Lease shall prevail. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsProject, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit EXHIBIT D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way materially damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or unreasonably injure or annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance (including, without limitation, foul or noxious odors in connection with the operation of the Cafeteria)(the parties hereby acknowledge and agree that any normal or reasonable food odors shall not be deemed to be foul or noxious) in, on or about the Premises. Notwithstanding the foregoing, (i) if occupants of the building reasonably complain of excessive cooking odors emanating from the Premises, or (ii) if a government entity notifies Tenant or Landlord of a violation of any federal, state or local law as a result of such cooking odors emanating from the Premises, the parties shall notify each other in writing (which writing shall include a copy of the government violation notice), Tenant shall, within fifteen (15) days after Tenant’s receipt of a government notice or Landlord’s written notice, deliver a written proposal to Landlord outlining a solution to the odor problem for Landlord’s reasonable approval (and for the approval of any applicable governmental agency that has appeal rights). Tenant shall implement the Landlord approved solution within sixty (60) days after Tenant’s receipt of Landlord’s written notice of approval. Tenant’s failure to strictly comply with all recorded the requirements of this provision shall be a default under the Lease. Further, if Tenant fails to address the issue of odors emanating from the Premises within the time frames set forth herein the Landlord may elect in Landlord’s sole discretion, to develop and implement its own reasonable odor control plan in the Premises and Tenant shall reimburse Landlord for the actual and reasonable out of pocket cost of developing and implementing the Landlord plan, which costs shall include a five percent (5%) supervision fee. Landlord shall in no event enter into any such easements, covenants, conditions, conditions and restrictions now that reduce Tenant’s rights or hereafter affecting the Project. 5.3increase Tenant’s obligations in more than a di minimis amount as set forth in this Lease.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (iii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iiiii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable for each 100 square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit DB, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, Building) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project Building or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereofthereof (provided, however, that to the extent Landlord permits an office of any agency or bureau of the United States or any state or political subdivision thereof to be conducted at the Project, then Tenant shall be permitted to conduct such uses in a comparable manner and to a comparable extent); (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother tenants of the buildings in the Project. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or materially interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenantof, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do suffer or permit anything to be done in or about anything to be brought into or kept in, the Demised Premises or any part thereof (i) which will would violate any of the covenants, agreements, terms, provisions and conditions of this Lease, (ii) for any unlawful purposes or in any unlawful manner, or (iii) which, in the reasonable judgment of Landlord shall in any way damage (a) impair or tend to impair the appearance or reputation of the Project or obstruct Building, (b) impair or interfere with or tend to impair or interfere with any of the rights Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or with the use of any of the other areas of the Building, or (c) occasion discomfort, inconvenience or annoyance to any of the other tenants or occupants of the Building Building, whether through the transmission of noise or odors or vibrations or dust or otherwise. Without limiting the Other Buildingsgenerality of the foregoing, no food shall be prepared or injure them or use or allow served for consumption by the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, general public on or about the Demised Premises; no intoxicating liquors or alcoholic beverages shall be sold or otherwise served for consumption by the general public on or about the Demised Premises; no lottery tickets (even where the sale of such tickets is not illegal) shall be sold and no gambling, betting or wagering shall otherwise be permitted on or about the Demised Premises; no loitering shall be permitted on or about the Demised Premises; and no loading or unloading of supplies or other material to or from the Demised Premises shall be permitted on the Land except at times (excluding Business Days from 7:00 to 9:30 a.m. and from 4:00 to 6:00 p.m.) and in locations to be designated by Landlord. The Demised Premises shall be maintained in a sanitary condition. Tenant shall comply with suitably store all recorded covenants, conditions, trash and restrictions now rubbish in the Demised Premises or hereafter affecting other locations designated by Landlord from time to time. Tenant specifically agrees that its indemnification obligations pursuant to Section 13.3 shall extend to any claim arising from the Project. 5.3consumption of intoxicating liquors or alcoholic beverages on or about the Demised Premises.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization open to the general public; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Leaseother than the Cafeteria (defined below)); or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons Tenant Party to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations reasonably promulgated by Landlord from time to time so long ("Rules and Regulations"), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials now or hereafter in effect; provided, however, (as defined belowa) Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner, (b) any modifications to the Americans Rules and Regulations shall be subject to Landlord's Obligations to Minimize Tenant Interference, (c) any modifications to the Rules and Regulations shall not becoming binding on Tenant until the tenth (10th) business day after Tenant receives a written copy thereof, and (d) no modifications to the Rules and Regulations will apply retroactively. Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or unreasonably annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit EXHIBIT D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahTexas, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way materially damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant and Tenant's agents shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of commit or suffer to be committed any waste upon the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant 's agents shall not do or permit anything to be done in or about the Premises or Parking Area which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsLandlord, or injure them or annoy Landlord or its employees. Tenant and Tenant's agents shall not use or allow the Premises to be used for any unlawful unlawful, immoral or reasonably objectionable purposeany purpose not permitted by this Lease, nor shall Tenant or Tenant's agents cause, maintain maintain, or permit any nuisance in, on or about the Premises. Tenant and Tenant's agents shall comply not do or permit anything to be done in or about the Premises or Parking Area nor bring or keep anything in the Premises or Parking Area which will in any way increase the rate of any insurance upon the Premises or Parking Area or any part thereof or any of its contents, or cause a cancellation of any insurance policy covering the Premises or Parking Area or any part thereof or any of its contents, nor shall Tenant or Tenant's agents keep, use or sell or permit to be kept, used or sold in or about the Premises or Parking Area any articles which may be prohibited by a standard form policy of fire insurance. In the event the rate of any insurance upon the Premises or Parking Area or any part thereof or any of its contents is increased because of the acts or omissions of Tenant or Tenant's agents, Tenant shall pay, as Additional Rent, the full cost of such increase; provided however this provision shall in no event be deemed to constitute a waiver of Landlord's right to declare a Default hereunder by reason of such increase or of any other rights or remedies of Landlord in connection with all recorded covenantssuch increase. Tenant and Tenant's agents shall not place any loads upon the floor, conditionswalls, or ceiling of the Premises which would endanger the Premises or the structural elements thereof, nor place any harmful liquids in the drainage system of the Premises. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or Parking Area except in enclosed trash containers. No materials, supplies, equipment, finished products (or semi-finished products), raw materials, or other articles of any nature shall be stored upon, or be permitted to remain on, any portion of the Parking Area. Tenant shall not use, store on, dispose or allow the use, storage or disposal, of any Hazardous Materials, as that term is defined in Section 24.2, on any portion of the Premises. Tenant shall indemnify, and restrictions now hold Landlord, and its officers, directors, employees and agents harmless from and against any and all claims, losses, damages, liabilities or hereafter affecting expenses (including, without limitation, attorneys' fees) arising in connection with a breach of the Projectobligations set forth herein. 5.3Tenant's obligation to defend, hold harmless and indemnify pursuant to this Section shall survive Lease Termination or expiration.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect, or any Underlying Documents. Landlord shall have the right to impose reasonable and customary rule and regulations (which shall be enforced by Landlord in a non-discriminatory manner) regarding the use of the Project, as defined below) or reasonably deemed necessary by Landlord with respect to the Americans orderly operation of the Project, and Tenant shall comply with Disabilities Act of 1990 (collectively, the “Laws”)such reasonable rules and regulations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project; provided, however, no Underlying Documents or any documents referenced in this sentence recorded or otherwise enacted by Landlord after the date of this Lease will materially increase Tenant’s monetary obligations or decrease Tenant’s rights pursuant to this Lease. 5.3-15- HCP, INC. Sorrento Gateway[Sorrento Therapeutics, Inc.]

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization, excluding the Wellness Center (as that term is defined in Section 5.5 below); (iv) schools radio and/or television stations; or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth other than the Permitted Retail Use in this Leasethe Retail Space and food service for Tenant and Tenant's employees and invitees); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth (as defined in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, Section 29.39 below); or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, 38 any such laws, ordinances, regulations or requirements relating to Hazardous Materials "Environmental Laws" (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “"Laws”"). ; Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Notwithstanding the foregoing provisions of this Section 5.2 to the contrary, Tenant shall need not comply with all recorded covenantsany Laws so long as Tenant is contesting the validity thereof or the applicability thereof in accordance with the remainder of this Section 5.2. Tenant, conditionsat its expense, after notice to Landlord, may contest by appropriate proceedings prosecuted diligently and in good faith, the validity or applicability of any Laws with which Tenant is responsible for compliance hereunder, provided that (a) the condition which is the subject of such contest does not pose a danger to persons or property, (b) the certificate of occupancy or other occupancy permit for the Premises or the Project is neither subject to being suspended nor threatened to be suspended by reason of non-compliance or otherwise by reason of such contest, and restrictions now (c) Landlord is not subject to criminal penalty or hereafter affecting the Project. 5.3to prosecution for a crime by reason of Tenant's non-compliance or otherwise by reason of such contest.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (ivvi) schools radio and/or television stations; or other training facilities which are not ancillary to corporate, executive or professional office use; (vvi) retail or restaurant uses (except as otherwise set forth in this Leaseother than food service for Tenant and Tenant’s employees and invitees); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, (as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, defined below); or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials “Environmental Laws” (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). ; Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Notwithstanding the foregoing provisions of this Section 5.2 to the contrary, Tenant shall need not comply with all recorded covenantsany Laws so long as Tenant is contesting the validity thereof or the applicability thereof in accordance with the remainder of this Section 5.2. Tenant, conditionsat its expense, after notice to Landlord, may contest by appropriate proceedings prosecuted diligently and in good faith, the validity or applicability of any Laws with which Tenant is responsible for compliance hereunder, provided that (a) the condition which is the subject of such contest does not pose a danger to persons or property, (b) the certificate of occupancy or other occupancy permit for the Premises or the Project is neither subject to being suspended nor threatened to be suspended by reason of non-compliance or otherwise by reason of such contest, and restrictions now (c) Landlord is not subject to criminal penalty or hereafter affecting the Project. 5.3to prosecution for a crime by reason of Tenant’s non-compliance or otherwise by reason of such contest.

Prohibited Uses. The uses prohibited under (a) Notwithstanding any other provision of this Lease Lease, Tenant shall includenot use the Premises or the Building, without limitationor any part thereof, or suffer or permit the use or occupancy of the Premises or a portion the Building or any part thereof for: (1) offices of by any agency or bureau of the United States Tenant Parties (hereinafter defined) (i) in a manner which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or any state otherwise applicable to or political subdivision thereofbinding upon the Premises; (ii) offices for any unlawful purposes or agencies of in any foreign governmental or political subdivision thereof, unlawful manner; (iii) intentionally omittedin a manner which, in the reasonable judgment of Landlord shall (a) impair the appearance or reputation of the Building; (b) impair, interfere with or otherwise diminish the quality of any of the Building services or the proper and economic heating, cleaning, ventilating, air conditioning or other servicing of the Building or Premises; or (c) cause harmful air emissions or any unusual or other objectionable odors, noises or emissions to emanate from the Premises; (iv) schools or other training facilities in a manner which are not ancillary to corporate, executive or professional is inconsistent with the operation and/or maintenance of the Building as a first-class office useand laboratory building; (v) retail or restaurant uses for any fermentation processes except in the ordinary course of Tenant’s business and then only if adequately vented in Landlord’s reasonable judgment (except as otherwise set forth it being understood and agreed that in this Leaseno event shall there be fermentation for the purpose of creating alcoholic beverages for human consumption); (vi) communications firms such as radio and/or television stations, to operate a vivarium in excess of 3,500 square feet; or (vii) an executive suites subleasing business in a manner which shall increase such insurance rates on the Building or operation. on property located therein over that applicable when Tenant shall not allow first took occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet hereunder. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising from or in connection with the compliance of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to with the Americans with Disabilities Act of 1990 Act, 42 U.S.C. § 12101, et seq., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “LawsADA”). , and Tenant shall not do or permit anything to be done in or about defend, indemnify and hold Landlord and the Premises which will in Landlord Parties harmless from and against any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure them or use or allow Claims arising from any such failure the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditionsthe ADA. Landlord agrees that Landlord’s Base Building Work shall be constructed in conformance with the ADA. In the event Landlord’s Base Building Work is not constructed in conformance with the ADA in effect as of the date Landlord commences the Landlord’s Base Building Work, and restrictions now provided Tenant provides Landlord written notice thereof within three (3) months after the Commencement Date, and provided Landlord does not dispute Tenant’s determination of non-compliance, Landlord shall, as Tenant’s sole and exclusive remedy, address any such non-compliance of Landlord’s Base Building Work (and expressly not any Tenant Improvements or hereafter affecting the Project. 5.3any modifications or alterations of Landlord’s Base Building Work that are made necessary as a result of Tenant Improvements, which such modifications or alterations are Tenant’s sole responsibility and cost).

Prohibited Uses. The uses prohibited under this Lease shall include, --------------- without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, --------- attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant’s use shall not allow result in an occupancy density of use of for the Premises which is greater than four (4) persons per each one person per one hundred fifty thousand (1501,000) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations reasonably promulgated by Landlord from time to time so long (“Rules and Regulations”), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business or Tenant’s use of the Premises for the Permitted Use or access to or from the Americans with Disabilities Act of 1990 (collectively, the “Laws”)Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahWashington, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the ProjectProject (in any event, “Matters of Record”); provided, however, that except as required by Applicable Law, Tenant’s obligation to comply with Matters of Record recorded after the date of this Lease shall be subject to Tenant’s prior consent, which shall not be withheld unless the same would materially affect Tenant’s rights under this Lease. 5.3Further, Tenant shall not be bound by any such future Matters of Record until such time as the same have been provided to Tenant.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant's use shall not allow result in an occupancy density of use of for the Premises which is greater than one person five (5) persons per one hundred fifty (150) 1,000 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long ("Rules and Regulations"), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which which, in Landlord’s reasonable discretion, will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow the average occupancy density of use of the total Premises which is greater than one person five (5) persons per one hundred fifty thousand (1505:1000) rentable square feet of space located in the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) Materials; provided, however, Landlord shall not enforce, change or to modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under (a) Notwithstanding any other provision of this Lease Lease, Tenant shall include, without limitation, not use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States Building, or any state or political subdivision part thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person the use or persons to use, occupancy of the Premises or the Building or any part thereof by any of the Tenant Parties (i) in a manner which violates any of the covenants, agreements, terms, provisions and conditions of this Lease; (ii) for any unlawful purposes or in any unlawful manner; (iii) which, in the reasonable good faith judgment of Landlord (taking into account the use or purpose contrary to the provisions of the Rules Building as a combination laboratory, research and Regulations set forth in Exhibit Ddevelopment, attached heretoGMP manufacturing, as and office building and the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, Permitted Uses) shall (a) impair the appearance or in violation reputation of the lawsBuilding; (b) impair, statutes, regulations, interfere with or other rules or requirements otherwise diminish the quality of any of the United States of America, the State of UtahBuilding services, or the ordinances, rules, regulations or requirements use of any of the local municipal Common Areas; (c) occasion discomfort, inconvenience or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will annoyance in any way material respect, or cause any injury or damage the reputation of the Project or obstruct or interfere with the rights of to any other tenants or occupants of the Building or the Other Buildingstheir property; or (d) cause harmful air emissions, laboratory odors or injure them noises or use any unusual or allow other objectionable odors, noises or emissions to emanate from the Premises to be used for any unlawful or reasonably objectionable purposetaking into account the use of the Building as a combination laboratory, nor shall Tenant causeresearch and development, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditionsGMP manufacturing, and restrictions now office building and the Permitted Uses); (iv) in a manner which is materially inconsistent with the operation and/or maintenance of the Building as a first-class combination office, research, development, GMP manufacturing, and laboratory facility; (v) [intentionally omitted]; or hereafter affecting (vi) in a manner which shall increase such insurance rates on the ProjectBuilding or on property located therein over that applicable when Tenant first took occupancy of the Premises hereunder unless Tenant pays such increase within thirty (30) days after demand therefor from time to time. 5.3From and after the Execution Date, Landlord shall include substantially similar provisions in any other leases at the Building and shall not enforce such provisions in a discriminatory manner.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof, unless Landlord has agreed to permit such uses within other portions of the office component of the Project; (ii) offices or agencies of any foreign governmental or political subdivision thereof, unless Landlord has agreed to permit such uses within other portions of the office component of the Project; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; and (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operationuses prohibited under the Underlying Documents. Tenant Tenant's use shall not allow result in an occupancy density of use of for the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premisesdensity permitted by Applicable Laws and zoning requirements, and further provided that Landlord shall not be obligated to make any changes to the Base Building or Common Areas to accommodate Tenant's occupancy density. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of rules and regulations attached to this Lease as Exhibit D ("Rules and Regulations"), provided, however, Landlord shall not enforce, change or modify the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable a discriminatory manner and Landlord provides written notice agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of such amendments to Tenant, or in violation 's business. In the event of any conflict between the laws, statutes, regulations, or Rules and Regulations and the other rules or requirements provisions of the United States of Americathis Lease, the State other provisions of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)this Lease shall control. Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsProject, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedmedical offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one (1) person per one hundred fifty twenty-five (150125) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business or materially increase Tenant’s economic obligations under this Lease. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail use or the operation of any restaurant uses (except as otherwise set forth in this Lease)offering services to the public; (vi) a data or call center; or (vii) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)Substances. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Except for small quantities customarily used in business offices, Tenant shall not cause or permit any Hazardous Substance to be kept, maintained, used, stored, produced, generated or disposed of (into the sewage or waste disposal system or otherwise) on or in the Premises by Tenant or Tenant’s agents, employees, contractors, invitees, assignees or sublessees, without first obtaining Landlord’s written consent. Tenant shall immediately notify, and shall direct Tenant’s agents,

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsProject, or injure or annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions (collectively, “CC&Rs”) now or hereafter affecting the Project, but with respect to any CC&Rs recorded following the date of this Lease (“Future CC&Rs”), Tenant agrees to comply with such Future CC&Rs only to the extent such Future CC&R’s do not adversely affect Tenant’s use of the Premises for the Permitted Use, or increase Tenant’s costs or obligations hereunder. 5.3Landlord hereby represents and warrants to Tenant that there are no unrecorded existing CC&Rs that would conflict or would interfere with the terms of this Lease, or would interfere with the use of the Premises by Tenant for the Permitted Use.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses or an employee-only food preparation service facilities (other than limited food services such as coffee bars, snack bars and other similar uses intended to serve Tenant and Tenant’s employees and invitees), except as otherwise set forth in this Lease)permitted by the Underlying Documents (including any modifications thereto, subject to Section 5.3 below) and the TCCs of Section 5.6 below; and (vi) communications firms such as broadcast facilities, radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, (as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, defined hereinbelow); or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the ProjectApplicable Laws, including, without limitation, any such laws, ordinances, regulations or requirements Environmental Laws relating to Hazardous Materials (as those terms are defined in Section 29.33.1 below) or ). Tenant agrees to comply with all rules and regulations of the Buildings and the Project as set forth on Exhibit D attached hereto (the “Rules and Regulations”). Landlord shall have no right to modify the Rules and Regulations, except to the Americans extent such modifications are consistent with Disabilities Act the rules and regulations promulgated by the landlords of 1990 (collectivelythe Comparable Buildings and Tenant’s level of occupancy of the Building. To the extent of any conflict between the terms and conditions of this Lease and the terms and conditions set forth in the Rules and Regulations, the “Laws”)terms and conditions of this Lease shall control. Landlord shall enforce the Rules and Regulations in a non-discriminatory manner. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization (but occupational health professionals employed by Tenant shall not violate the foregoing prohibition); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail use or the operation of any restaurant uses (except as otherwise set forth in this Lease)offering services to the public; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons claiming by, through, or under Tenant to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in attached hereto as Exhibit D, attached hereto5.2, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable (the “Rules and Landlord provides written notice of such amendments to TenantRegulations”), or in violation of Applicable Laws or any Underlying Documents. Any modifications to the laws, statutes, regulations, Rules and Regulations shall be reasonable and non-discriminatory and shall be provided to Tenant in writing or other rules or requirements posted to a conspicuous place in the Building. In the event of a conflict between any modifications to the United States Rules and Regulations and the terms of Americathis Lease, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)latter shall control. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditionswith, and restrictions now Xxxxxx’s rights and obligations under the Lease and Xxxxxx’s use of the Premises shall be subject and subordinate to, all Underlying Documents; provided that, following the date of this Lease, Landlord shall not voluntarily enter into new, or hereafter affecting modify existing, Underlying Documents that would unreasonably interfere with Tenant’s access to the Premises or use of the Premises for the Permitted Use. Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design, and such equipment shall be placed in a location designed to carry the weight of such equipment. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall --------------- include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit DC, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, Project including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsProject, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall includeinclude any use other than the Permitted Use, provided that notwithstanding anything in Section 7 of the Summary to the contrary, the Permitted Use shall specifically exclude, without limitation, the use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or health care service organization (except to the extent utilized primarily for general office purposes); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or stations (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of except to the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premisesextent utilized primarily for general office purposes). Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit EXHIBIT D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Project as of the date of this Lease.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; (vi) traditional communications firms such as radio and/or television stationsstations (provided that this shall not limit the communications uses described in Section 5.1 above), or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such (subject to the limitations on those amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenantcontained in Exhibit D, attached hereto), or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, so long as any such covenants, conditions and restrictions executed after the date of this Lease do not materially and adversely affect Tenant's access to the Premises or use of the Premises for the Permitted Use or materially and unreasonably derogate from the rights of Tenant under this Lease. 5.3Tenant agrees that the Premises shall not be used for the use, growing, producing, processing, storing (short or long term), distributing, transporting, or selling of cannabis, cannabis derivatives, or any cannabis containing substances ("Cannabis"), or any office uses related to the same, nor shall Tenant permit, allow or suffer, any of Tenant's officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and invitees to bring any Cannabis onto the Premises, the Building or any portion of the Project. Without limiting the foregoing, the prohibitions in this paragraph shall apply to all Cannabis, whether such Cannabis is legal for any purpose whatsoever under state or federal law or both.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, In addition to the use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise restrictions set forth elsewhere in this Lease), Tenant will not: (a) permit in or from the Premises any objectionable odor or noise or any nuisance, except for such odor and/or noise that is reasonable and customary for the operation of a brewery; (vib) communications firms such as radio and/or television stations, or commit waste; (viic) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure them or use or allow the Premises to be used for an auction, fire, bankruptcy or going out of business sale; (d) cease active conduct of Tenant’s business in the Premises for more than thirty (30) days without the prior written consent of Landlord, not to be unreasonably withheld; (e) use any unlawful portion of the Premises as residential rental property; (f) engage in any trade or reasonably objectionable purposebusiness consisting of the operation of, nor shall Tenant causeor otherwise permit the use of any portion of the Premises for, maintain any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for gambling, or any store the principal business of which is the retail carry-out sale of alcoholic beverages for consumption off premises, excluding the sale of bulk beverages brewed or otherwise produced on the Premises; (g) permit the development or holding of intangibles for sale or license; or (h) use, store, manufacture, dispose of or discharge any nuisance hazardous materials in, on at or about from the Premises. As used in this section, “hazardous materials” means any substances or materials the use, transportation, storage, manufacture or disposal of which is governed by laws treating the quality of the environment, and will include asbestos and petroleum products. Use of hazardous materials in accordance with law in amounts appropriate to and necessary for the use of the Premises permitted by this Lease will be permitted. Accordingly, Tenant agrees to indemnify Landlord and hold it harmless for any costs and/or liabilities including without limitation reasonable attorneys’ fees, arising from Tenant’s release of any hazardous materials or failure to comply with applicable environmental laws. Tenant first shall obtain the written consent of Landlord prior to (i) expanding the area of the Premises associated with the sale of alcoholic beverages for off-premises consumption beyond 5% of the total square footage of the Premises, (ii) expanding Tenant’s sales of alcoholic beverages for off-premises consumption beyond 10% of total sales from the Premises during any calendar year, or (iii) selling lottery tickets on the Premises. Consent is subject to Landlord’s sole and absolute discretion. Tenant shall comply not (i) carry on any activity that could cause any part of the Premises or the Building to be “tax-exempt use property” (as that term is used in Section 168(h) of the Internal Revenue Code) or “residential rental property” (as defined in Section 168 of the Internal Revenue Code) or (ii) use the Premises or the Building to engage in the operation of any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack, off-track betting facility or other facility used for gambling; or any store the principal business of which is the retail carry-out sale of alcoholic beverages for consumption off premises, excluding the sale of bulk beverages brewed or otherwise produced on the Premises, or fireworks; farming (within the meaning of Section 2032A(e)(5)(A) or (B) of the Code and the related Treasury Regulations), or any one or more of the following activities: shooting gallery, adult bookstore or facility selling or displaying obscene or pornographic books, literature or videotapes or movies (materials shall be considered “adult”, “obscene” and “pornographic” for such purposes if the same are not generally available for sale, rental or display to human persons under 18 years old because they explicitly deal with all recorded covenantsor depict human sexuality or are otherwise intended to appeal to prurient interests); any establishment that provides striptease or topless entertainment; bingo or similar games of chance (excluding such games conducted by a charitable organization as part of a fundraising activity); video game or amusement arcade, conditionsexcept as an incidental part of another primary business; pawn shops or establishments, a primary business or service of which is cashing checks; any marijuana dispensary, so-called “head shop” or store that sells bongs, coke spoons, rxxxx clips or other drug paraphernalia; a flea market; any political campaign or party office; or any illegal use (collectively, (i) and (ii) in this paragraph, and restrictions now or hereafter affecting all other prohibited uses set forth in the Projectpreceding paragraph of this Section 22, are referred to as the “Use Restrictions”). 5.3Any violation of the Use Restrictions shall constitute an event of default of this Lease and shall permit Landlord to immediately terminate this Lease to the extent permitted by applicable law, including any minimum notice requirements thereof.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) broadcast communications firms facilities such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. it being hereby acknowledged that Tenant’s use is related to communications and Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of will be sending and receiving communications signals at and from the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premisesdensity limitation provided by applicable Law or any covenants, conditions, and restrictions now or hereafter affecting the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenanttime, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper or unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, copies of which have been provided to Tenant or, with regard to future covenants, conditions and restrictions, as to which Landlord has provided Tenant with a written copy. 5.3To Landlord’s actual knowledge, without any duty of investigation or inquiry, the recorded covenants, conditions, and restrictions affecting the Project as of the Effective Date are referenced on Exhibit G attached hereto.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow the average occupancy density of use of the total Premises which is greater than one person five (5) persons per one hundred fifty thousand (1505:1000) rentable square feet of space located in the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) Materials; provided, however, Landlord shall not enforce, change or to modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to XXXXXX REALTY XXXXXX CENTRE DEL MAR [Santarus, Inc.] be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use Notwithstanding any other provision of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenantoccupancy of, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do suffer or permit anything to be done in or anything to be brought into or kept in or about the premises or the Building or any part thereof (including, without limitation, any materials appliances or equipment used in the construction or other preparation of the premises and furniture and carpeting): (i) which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or otherwise applicable to or binding upon the Premises that are in effect as of the date of this Lease and of which will Tenant has received notice prior to the execution of this Lease, including, without limitation, those covenants affecting the Franklin Industrial Park ("Park Covenants") and, subject to Article 23(h), any future rules and regulations which may be issued pursuant to the Park Covenants, (ii) for any unlawful purposes or in any unlawful manner; or (iii) which, in the reasonable judgment of Landlord shall in any way damage impair, interfere with or otherwise diminish the reputation quality of any of the Project Building services or obstruct the proper and economic heating, cleaning, ventilating, air conditioning or interfere other servicing of the Building; or premises, or with the rights use or occupancy of any of the other areas of the Building, or occasion discomfort, inconvenience or annoyance, or injury or damage to any occupants of the premises or other tenants or occupants of the Building or the Other Buildings, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the PremisesBuilding. Tenant shall comply with all recorded covenantsnot install or use any electrical or other equipment of any kind which, conditionsin the reasonable judgment of Landlord, and restrictions now might cause any such impairment, interference, discomfort, inconvenience, annoyance or hereafter affecting injury. Notwithstanding the Project. 5.3foregoing terms of this Article 5.2, Tenant shall not be deemed to have suffered or permitted an act or omission: (x) which occurs outside of the Premises, unless such act or omission was by Tenant or those for whom Tenant is legally responsible, or (y) by Landlord or those for whom Landlord is legally responsible.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant's rights and obligations under the Lease and Tenant's use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Tenant shall not cause or permit any "Hazardous Substance," as that term is defined below, to be kept, maintained, used, stored, produced, generated or disposed of (into the sewage or waste disposal system or otherwise) on or in the Premises by Tenant or Tenant's agents, employees, contractors, invitees, assignees or sublessees, without first obtaining Landlord's written consent. Tenant shall immediately notify, and shall direct Tenant's agents, employees contractors, invitees, assignees and sublessees to immediately notify, Landlord of any incident in, on or about the Premises, the Building or the Project that would require the filing of a notice under any federal, state, local or quasi-governmental law (whether under common law, statute or otherwise), ordinance, decree, code, ruling, award, rule, regulation or guidance document now or hereafter enacted or promulgated, as amended from time to time, in any way relating to or regulating any Hazardous Substance. As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the State of California, or the United States government. "Hazardous Substance" includes any and all material or substances which are defined as "hazardous waste," "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous Substance" also includes asbestos, polychlorobiphenyls (i.e., PCB's) and petroleum. Landlord acknowledges, however, that Tenant will maintain products in the Premises which are incidental to the operation of its offices, such as photocopy supplies, secretarial supplies and limited janitorial supplies, which products contain chemicals which are categorized as Hazardous Substances. Landlord agrees that the use of such products in the Premises in compliance with all applicable laws and in the manner in which such products are designed to be used shall not be a violation by Tenant of this Section 5.2.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person five and one-half (5 1/2) persons per one hundred fifty thousand (1501,000) rentable square feet of the Premises; provided, however, under no circumstances shall Tenant use, or be entitled to, more parking than the ratio set forth in Section 10 of the Summary. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, (a) use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (viv) retail uses; or restaurant uses (except as otherwise set forth in this Lease); (viv) communications firms such as radio and/or television stations, or and (viib) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises for retail banking operations, which is greater than one person per one hundred fifty (150) rentable square feet shall include depository operations, issuance and sales of the Premisescertificates of deposit, or establishing and maintaining money market and savings accounts and other deposit-based accounts and investments. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices for the operation of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereofa "Flexible Workplace Center," as that term is defined below, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. and Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet any Flexible Workplace Center to occupy all or any portion of the Premises. A "Flexible Workplace Center" means a flexible workplace environment where the primary business conducted is as a provider of co­working or executive/shared office suites or a flexible workplace center or virtual office space (e.g., WeWork). Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect, or any Underlying Documents. Tenant shall not allow the Americans with Disabilities Act use of 1990 (collectively, the “Laws”)Premises in violation of any of the exclusive uses set forth on Exhibit D-1 attached hereto. Tenant shall not do or permit anything to be done in or about the Premises which will in any way would reasonably be expected to materially damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant's rights and obligations under the Lease and Tenant's use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant Sublessee shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenantof, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do suffer or permit anything to be done in the Sublease Premises or about the Premises Building (i) which will would violate any of the covenants, agreements, terms, provisions and conditions of this Sublease, (ii) for any unlawful purposes or in any way damage unlawful manner, or (iii) which, in the reasonable judgment of Sublessor or Landlord shall in any material respect (a) impair or tend to impair the appearance or reputation of the Project or obstruct Building in such a manner so as to detract from the quality of conditions at the Building as compared with other comparable buildings in the Boston University Medical Campus, (b) impair or interfere with any of the rights Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building, or (c) occasion discomfort, inconvenience or annoyance to any of the other tenants or occupants of the Building Building, whether through the transmission of noise or noxious or offensive odors or otherwise. Without limiting the Other Buildingsgenerality of the foregoing, no food (except in connection with customary office vending machines, coffee service facilities and lunch room facilities set forth on the Complete Plans or injure them or use or allow the Premises to be other plans approved by Sublessor, provided such machines and facilities are used for and by occupants of the Sublease Premises only and their guests and further provided Sublessee pays any unlawful resulting increased costs pursuant to Section 13.8 and the other applicable provisions of this Sublease) shall be prepared or reasonably objectionable purpose, nor shall Tenant cause, maintain served for public or permit any nuisance in, commercial consumption on or about the Sublease Premises; no intoxicating liquors or alcoholic beverages shall be sold or otherwise served to the general public on or about the Sublease Premises; no lottery tickets (even where the sale of such tickets is not illegal) shall be sold and no gambling, betting or wagering shall otherwise be permitted on or about the Sublease Premises; no loitering shall be permitted on or about the Sublease Premises; and no loading or unloading of supplies or other material to or from the Sublease Premises shall be permitted on the Lot except during such hours as the Building is customarily open for business. Tenant The Sublease Premises shall comply with all recorded covenantsbe maintained by Sublessee in a sanitary condition, conditionskept free from noxious or offensive odors (including but not limited to rodent or other laboratory animal odors) and kept free from vermin and, and restrictions now or hereafter affecting except as provided herein below, rodents. Notwithstanding anything contained herein to the Project. 5.3contrary, Sublessee may maintain not more than a maximum number of five thousand (5,000) rodents in the Sublease Premises at any one time during the Term provided (i) Sublessee delivers to Sublessor within thirty (30) days after the Term Commencement Date a complete report of the number of rodents

Prohibited Uses. The uses prohibited under this Lease Tenant further covenants and agrees that Tenant shall includenot use, without limitationor suffer or permit any person or persons to use, use of the Premises or a portion any part thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Leaseopposed to Tenant’s employee cafeteria); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, D. attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building Buildings or the Other BuildingsProject, or injure them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, cause or maintain or permit any nuisance in, on or about the Premises. Tenant shall comply not use or knowingly allow another person or entity to use any part of the Premises for the storage, use, treatment, manufacture or sale of “Hazardous Material,” (as that term is defined in Section 29.23 of this Lease); provided, however, Tenant may use commercially reasonable amounts of any Hazardous Material in accordance with all recorded covenantsthe terms and conditions set forth in Section 29.23, conditions, and restrictions now or hereafter affecting the Project. 5.3below.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to TenantRegulations, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the ProjectBuilding; provided, includinghowever, without limitationthat Landlord agrees that the Rules and Regulations shall not be (i) modified or enforced in any way by Landlord so as to interfere with the permitted use set forth in Section 5.1, above, or (ii) discriminatorily enforced against Tenant. Landlord agrees that nothing in the Rules and Regulations of the Building shall be used to prohibit the conduct of any such laws, ordinances, regulations or requirements relating business from the Premises which Tenant is permitted to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)conduct. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere faithfully observe and comply with the rights Rules and Regulations. Landlord shall not be responsible to Tenant for the nonperformance of any of such Rules and Regulations by or otherwise with respect to the acts or omissions of any other tenants or occupants of the Building. However, in the event any other tenant or occupant of the Building or fails to comply with the Other BuildingsRules and Regulations, or injure them or and such non-compliance unreasonably interferes with Tenant's use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about of the Premises, Landlord shall use reasonable efforts to cause such other tenants and/or occupants to comply with the Rules and Regulations. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the ProjectReal Property. 5.3Tenant shall not use or allow another person or entity to use any part of the Premises for the storage, use, treatment, manufacture or sale of "Hazardous Materials," as that term is defined in Article 21 of this Lease. Landlord acknowledges, however, that Tenant will maintain products in the Premises which are incidental to the operation of its offices, such as photocopy supplies, secretarial supplies and limited janitorial supplies, which products contain chemicals which are categorized as hazardous materials. Landlord agrees that the use of such products in the Premises in compliance with all applicable laws and in the manner in which such products are designed to be used shall not be a violation by Tenant of this Section 5.2.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached heretohereto (provided that Tenant shall only be required to abide by and observe any changes to the Rules and Regulations made after the date of this Lease to the extent such changes (a) are applied in a non-discriminatory manner; (ii) do not create an unreasonable interference with or unreasonably prevent Tenant from using the Premises for the Permitted Use, as and (b) do not materially diminish the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice rights or materially increase the obligations of such amendments to TenantTenant under this Lease), or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by Applicable Laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or materially obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or unreasonably annoy them or use or allow the Premises to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Project which are first recorded after the date of this Lease; provided, however, any such instrument shall not (and could not by its terms) materially and adversely affect Tenant’s use or occupancy of the Premises, increase any obligations or decrease any rights of Tenant hereunder, nor shall any such instrument increase the rights or decrease the obligations of Landlord [535 Mission Street]

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedmedical/operational offices (as opposed to general offices) of any health care professionals; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall includeSubject to Section 5.1 above, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, D attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable hereto and Landlord provides written notice of such amendments to Tenantmade a part hereof for all purposes, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of Utahor Commonwealth in which the Project is located, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or hereafter in effect, or any Underlying Documents. A violation of the Rules and Regulations by Tenant shall be deemed a default under this Article 5, subject to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)applicable notice and cure period under Section 19.3 below. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any improper or unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project; provided, however, that Tenant shall have the right to approve easements, covenants, conditions, and restrictions hereafter affecting the Project if Tenant is the only tenant of the Building and no uncured default by Tenant then exists, such approval not to be unreasonably withheld, conditioned or delayed. 5.3Notwithstanding the foregoing, Tenant’s approval shall not be required if such actions are required to cause the Building to be in compliance with insurance requirements or governmental laws, codes, rules or regulations or are required to permit Landlord to comply with its repair and maintenance obligations under this Lease or an emergency exists, in which cases Tenant’s prior approval shall not be required.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care practitioners or service organization to health care practitioners; (iv) schools or other training facilities which are not ancillary to Tenant's business or corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of for the Premises which is greater than six (6.0) persons per each one person per one hundred fifty thousand (1501,000) rentable usable square feet of the Premisesfeet. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long ("Rules and Regulations"), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper or unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials hazardous materials or substances, as those terms are defined by Applicable Laws now or hereafter in effect, or any Underlying Documents. Landlord shall have the right to impose reasonable and customary rules and regulations based upon the nature of the Project as either a single-tenant or a multi-tenant First Class Life Sciences Project (which rules and regulations shall be modified by Landlord in accordance with Tenant’s reasonable requests, from time to time, taking into account whether or not Tenant and its Permitted Transferees are the sole occupants of all occupied space in the Project) regarding the use of the Project, as defined below) or reasonably deemed necessary by Landlord with respect to the Americans orderly operation of the Project as either a single-tenant or multi-tenant First Class Life Sciences Project, including, but not limited to, reasonable rules and regulations for the safe and sanitary operation of any fitness/wellness center or cafeteria operated by Tenant, and for the reasonable mitigation of noise, odors and other effects of such operations on other occupants of the Project, and provided that such rules and regulations are consistent with Disabilities Act rules and regulations then being enforced by landlords of 1990 (collectivelyComparable Buildings, the “Laws”)with respect to tenants leasing a similar proportion of First Class Life Sciences Projects as Tenant is then leasing pursuant to this Lease, Tenant shall comply with such rules and regulations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other Buildings, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant's rights and obligations under the Lease and Tenant's use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization (but excluding any health care professionals engaged in the business of life sciences research); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one (1) person per one hundred fifty (150) rentable for each 150 square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way materially damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project and Landlord shall, upon request from Tenant, provide Tenant with copies of all recorded covenants, conditions and restrictions currently affecting the Project and will notify Tenant and provide copies to Tenant of any future covenants, conditions, and restrictions affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) broadcast communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, C. attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”in Article 22 hereof). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long ("Rules and Regulations"), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsProject, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant’s use shall not allow result in an occupancy density of use of the Premises which (i) is materially greater than one person per one hundred fifty that which is typically found in first class office space at the Comparable Buildings, (150ii) rentable square feet impacts the Building Systems and the parking facility serving the Building such that the same cannot reasonably support such level of usage, (iii) materially and adversely interferes with the neighboring tenant’s use of the Premises5010 Building, and (iv) will violate Applicable Laws. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long (“Rules and Regulations”), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit XXXXXX REALTY THE CAMPUS AT SORRENTO GATEWAY 702009.06/WLA -29- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of for the Premises which is greater than seven (7) persons per each one person per one hundred fifty thousand (1501,000) rentable square feet of the Premises. Notwithstanding the foregoing or any other provision of this Lease, Landlord hereby agrees that occupancy of the initial Premises by up to ten (10) persons per each one thousand (1,000) rentable square feet of the Premises for the Permitted Use during “Building Hours” (as that term is defined in Section 6.1.1 below) (with the density in excess of seven (7) persons per each one thousand (1,000) rentable square feet of the Premises being hereafter called the “Excess Occupancy Density”) shall not constitute a breach by Tenant under the terms of this Section 5.2 so long as such Excess Occupancy Density complies with and is not greater than the density permitted by Applicable Laws and zoning requirements. Notwithstanding the foregoing, Tenant hereby acknowledges and agrees that in no event shall Landlord be obligated to make any changes to the Building Structure or Building Systems (as defined in Article 7) to accommodate Tenant’s Excess Occupancy Density and nothing set forth herein shall be construed as entitling Tenant or any Tenant Party to use more parking than the Parking Pass Ratio set forth in Section 9 of the Summary. In addition, any HVAC usage or other utility usage attributable to Tenant’s Excess Occupancy Density shall be deemed to be in excess of the Building standard to be provided by Landlord under this Lease and shall instead be at Tenant’s sole cost, pursuant to the terms of Section 6.2 below. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time so long (“Rules and Regulations”), the current set of which (as such amendments are commercially reasonable and Landlord provides written notice of such amendments the date of this Lease) is attached to Tenant, this Lease as Exhibit D; or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, Project including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person seven (7) persons per one hundred fifty (150) rentable 1,000 usable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit EXHIBIT D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, Project including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant Landlord acknowledges and agrees that Tenant's use of the Premises for first class general office use is not a prohibited use under this Section. Landlord shall use reasonable efforts to cause other tenants or occupants of the Project to comply with all recorded covenantsRules and Regulations and to avoid any unreasonable, conditionsmaterial interference of Tenant's use of the Premises as a result of the failure of such other tenants or occupants to comply with the Rules and Regulations. Landlord shall have the right from time to time upon written notice to Tenant to reasonably modify the Rules and Regulations, attached to and restrictions now made a part of this Lease as EXHIBIT D, provided that the Rules and Regulations shall not be changed or hereafter affecting revised or enforced in any unreasonable way by Landlord, nor enforced or changed by Landlord in such a way as to substantially interfere with "Tenant's Lease Rights," as that term is defined in Section 1.1.4 of this Lease. In the Project. 5.3event of any conflict between this XXXXXX REALTY [999 North Xxxxxxxxx] [Encore Software] Lease and this Rules and Regulations, the Lease shall prevail and control and the inconsistent provisions of the Rules and Regulations shall not be inapplicable to Tenant.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectivelyhereafter in effect, the “Laws”)or any Underlying Documents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant's rights and obligations under the Lease and Tenant's use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3Landlord represents, warrants and covenants that Landlord owns the Project in fee simple title and there will be no easements, rights, covenants, conditions, restrictions, agreements, or other title matters including the Underlying Documents the enforcement of which would have a material adverse effect upon Tenant’s access or quiet enjoyment of the Premises. Landlord agrees that throughout the Term hereof it will not amend, adopt or enter into new Underlying Documents, covenants, conditions, restrictions, easements or other similar agreements which would have a material adverse effect upon Tenant’s access to or quiet enjoyment of the Premises, unless it is required by Applicable Laws to do so.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail (excluding retail banking ) or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, D. attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county country governing body or other lawful authorities having jurisdiction over the Project, Project including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, . on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereofthereof to the extent Landlord reasonably determines the same is not consistent with the quality of the Project as a first-class, institutional quality office project; (ii) offices or agencies of any foreign governmental or political subdivision thereofthereof to the extent Landlord reasonably determines the same is not consistent with the quality of the Project as a first-class, institutional quality office project; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother general office tenants of Comparable Buildings. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (vi) retail or restaurant uses uses, except for approved kitchens, cafeterias and pantries (except as otherwise set forth in this Leasenot serving the general public); or (viii) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operationother similar media outlets. Tenant shall not allow occupancy density of use of for the Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premisespermitted by Applicable Laws. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof in violation of Applicable Laws or for any use or purpose contrary to the provisions of the Rules and Regulations set forth in (the rules and regulations, attached hereto as Exhibit D, attached heretoare, the “Existing Rules and Regulations,” and together with such additional rules and regulations as Landlord may promulgate in accordance with the terms of this Lease, and as the same Existing Rules and Regulations and additional rules may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice or supplemented in accordance with the terms of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements of the United States of America, the State of Utah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (as defined below) or to the Americans with Disabilities Act of 1990 (collectivelythis Lease, the “LawsRules and Regulations”). Landlord shall have the right to amend, supplement, and add new commercially reasonable rules and regulations to the Rules and Regulations at any time during the Lease Term, and such amendments, supplements, and new rules and regulations shall be deemed Rules and Regulations hereunder; provided, however, that notwithstanding anything to the contrary in this Lease, the Rules and Regulations shall be enforceable against Tenant only to the extent that (a) they are reasonable and consistent with the Class A Standard; (b) they are consistent with Landlord’s Obligations to Minimize Tenant Interference and do not otherwise materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease; (c) Tenant has been provided notice in writing of such Rules and Regulations; and (d) the Rules and Regulations are applied and enforced in a reasonable, equitable and non-arbitrary manner. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure them or use or allow the Premises or any of Tenant’s Off-Premises Equipment to be used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances ("Hazardous Materials (Materials"), as those terms are defined below) by applicable laws now or to the Americans with Disabilities Act of 1990 (collectively, the “Laws”)hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person five (5) persons per one hundred fifty thousand (1501,000) rentable square feet of the Premises; provided, however, under no circumstances shall Tenant use, or be entitled to, more parking than the ratio set forth in Section 10 of the Summary. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: for (1i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, ; (iii) intentionally omittedoffices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease)uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than one person per one hundred fifty (150) rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, as the same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of such amendments to Tenant, or in violation of the laws, statutes, regulations, or other rules or requirements laws of the United States of America, the State of UtahCalifornia, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, ) including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials (hazardous materials or substances, as those terms are defined below) by applicable laws now or to hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Americans Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with Disabilities Act the normal and customary conduct of 1990 (collectively, the “Laws”)Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building or the Other BuildingsBuilding, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. 5.3.