Common use of USE AND RESTRICTIONS ON USE Clause in Contracts

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference Pages. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for general office, research and development, and light manufacturing purposes and other uses incidental thereto, so long as all of the purposes set forth on same are permitted by applicable law (collectively, the Reference Pages“Permitted Uses”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way materially and adversely obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb injure them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable unlawful purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall have the right to change its Permitted Uses upon the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not commit waste or nuisance. Subject to Article 7, Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant landland caused, caused or permitted by, or resulting from the specific use by, by Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense; provided, that, Tenant shall have the right to contest in good faith, and by proper legal proceedings, any such governmental orders and directions for the correction, prevention and abatement of any such violations so long as (a) Tenant’s election to so contest has no adverse impact on Landlord’s ability to manage or operate the Building, the Park or any other buildings in the Park, as reasonably determined by Landlord, (b) Tenant’s election to so contest has no adverse impact on the rights of any other tenants, subtenants or occupants of the Building or the Park to use the Building, the Park or any other buildings in the Park as provided under their respective leases, subleases and/or occupancy agreements, as the case may be, (c) to the extent that Landlord makes a good faith reasonable determination that it is necessary, Tenant first deposits with Landlord, as security for the resolution of any such contested order or direction, cash or a letter of credit in amount, form and substance reasonably acceptable to Landlord acting in good faith in order to cover the cost of having to comply with such contested order or direction in the event that such order or direction is enforced plus the estimated cost of any and all penalties and interest which may be payable if Tenant is ultimately required to comply with such contested order or direction, and (d) Tenant shall not remain out of compliance with such order or direction for such length of time as shall permit the Building, the Park or any other building in the Park to be subjected to any cease and desist order (or any equivalent order or direction) or any lien, penalty or attachment, or that would otherwise prevent Landlord or any other tenant, subtenant or occupant of the Building or the Park to use the Building, the Park or any other building in the Park for their permitted uses as a result of such non-compliance or contest by Tenant. Tenant agrees that it shall protect, defend, indemnify and hold each and all of the Landlord Entities (as defined in Article 31) harmless from and against any and all loss, claims, liability, damages (direct or consequential) or costs (including court costs and attorney’s fees) incurred by reason of any such non-compliance or contest by Tenant of such governmental order or direction, or by reason of any failure of Tenant to comply with the provisions of the foregoing sentence. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof; provided, however, that so long as Tenant complies with the foregoing provisions and uses the Premises for the Permitted Uses and otherwise in compliance with all applicable laws, ordinances, rules, orders and regulations, Tenant shall not be liable for any increase in the amount of Landlord’s insurance pursuant to this Section 1.1 to the extent such increase is a consequence of the Permitted Uses permitted under this Lease as of the Lease Reference Date. Subject to emergencies, Landlord’s after hours security measures and events beyond Landlord’s reasonable control, Tenant shall have access to the Premises on a 24-hours, 7-day a week basis. Following the Commencement Date, Tenant shall be responsible for ensuring that the Premises comply with the Americans With Disabilities Act of 1990, and any amendments thereto (collectively, and as the same may be hereafter amended from time to time, the “ADA”), should such compliance be necessary as a result of Tenant’s particular use of the Premises and/or the Building from time to time or as a result of any alterations, additions or improvements made by Tenant in or to the Premises and/or the Building from time to time, all at Tenant’s sole cost and expense unless the reason for such non-compliance is a result of the Premises not being in compliance with the ADA on the Commencement Date (in which case, Landlord shall be responsible for ensuring that such compliance is accomplished at Landlord’s expense).

USE AND RESTRICTIONS ON USE. 1.1 (a) The Premises shall be used and occupied by Tenant shall have access only in conformity with law and for the use specified in Reference Data hereon and as further described in Paragraph 1(b) hereinbelow (the “Permitted Use”), and for such other lawful purposes as may be incidental thereto, all to the Premises twenty-four (24) hours per dayextent permitted by applicable zoning regulations, seven days per weeksubject to the Rules and Regulations attached hereto or as amended from time to time by Landlord. Any violation of these provisions shall be considered a breach of this Lease by Tenant, and Landlord shall have the ability right to operate exercise any or all Building systems after standard building operating hours remedies provided herein in the event of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out a breach of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference Pagesthis Lease. Tenant shall not do use or permit anything to be done in or about any use of the Premises other than the use described in Paragraph 1(b) hereinbelow that would create any safety hazard which will in any way obstruct would be dangerous to the Premises, the Building, the Property or interfere with the rights occupants of same, which would be disturbing to the other tenants or occupants of the Budding or injure, annoyProperty, or disturb them, or allow the Premises to be used which would cause any increase in premium for any improperinsurance which Landlord may then have in effect with respect to the Property generally. In case of a breach of this covenant, immoralin addition to all other remedies of Landlord hereunder, unlawful, Tenant agrees to pay to Landlord as Additional Rent any and all increases in premiums for insurance carried by Landlord on the Property (or objectionable purpose, or commit any wasteportions thereof) so caused by such other use by Tenant. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions orders, directives for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the nuisances arising out of Tenant’s specific use by, Tenant, or in or upon, or in connection with, of the Premises, but not its mere occupancy thereof, all at Tenant’s sole expenseexpense and shall comply with all laws, ordinances, regulations and requirements of the municipal, county, state and federal, governments and any and all departments thereof having jurisdiction over the Building and the Property relating to such use. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the areas not specifically designated for such, and the outside storage of any property are prohibited without Landlord’s prior written consent. If, as a result of any change in the governmental laws, ordinances and regulations, the Property must be altered to lawfully accommodate Tenant’s specific use thereof; such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided that the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Property to comply, with such laws, ordinances and regulations. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Property, or unreasonably interfere with such tenants’ use of their respective premises. Tenant shall, not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant shall not permit anything the Premises to be done on or about used for any purpose (including, without limitation, the Premises or bring or keep anything into the Premises which will storage of merchandise) in any way increase the rate of, invalidate or prevent the procuring of any manner which would render Landlord’s and/or Tenant’s insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereofthereon void.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference Pages. Landlord represents and warrants that the Building is zoned for general office purposes, laboratory, research assembly, sales, and storage, and that no recorded restrictions prohibit any of the foregoing. Tenant shall not do or permit anything to be done by any Tenant Entities (defined below) in or about the Premises Premise which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, injure or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, unlawful purpose or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense; provided, however, that nothing in this Lease shall require Tenant to make any alterations to the Premises to comply with such laws unless such compliance is required solely due to Tenant’s particular use of the Premises or alterations that Tenant is making to the Premises (other than the Tenant Improvements, which are separately covered in Exhibit B). Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate ofof (unless Tenant pays such increase), invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Tenant shall have access to the Premises 24 hours per day, 7 days a week.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to The first floor of the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are is to be used solely for research and development, light assembly and fabrication of medical devices and general office purposes. Tenant acknowledges and agrees that any such light assembly and fabrication shall only be performed in the purposes set forth locations shown on Exhibit G attached hereto using the machinery (the “Approved Machinery”) listed on Exhibit H attached hereto. Tenant further acknowledges and agrees that any other machinery used in the Premises shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld so long as such machinery is similar in kind (as reasonably determined by Landlord) to the Approved Machinery. In no event shall the second floor of the Premises be used for any purpose that produces vibration and/or excessive noise (as determined by Landlord in its reasonable discretion) that is detectable outside of the Premises. Without limiting the generality of the foregoing, in no event shall the Approved Machinery be used on the Reference Pagessecond floor of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably obstruct or interfere with the rights of the other tenants or occupants of the Budding Building or injure, annoy, or unreasonably disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. If, in Landlord’s reasonable determination, Tenant’s use of the Premises produces vibration or excessive notice that unreasonably disturbs Landlord and/or any other tenants or occupants of the Building or causes other unreasonable problems for other tenants or occupants of the Building and/or Landlord, then Landlord may, at its election, (i) require Tenant to install additional reasonably appropriate sound/vibration proofing in the Premises (provided, however, that Tenant shall cease all such excessive noise and/or vibration until such additional sound/vibration proofing is installed), or (ii) if Tenant refuses or is unable to install such sound/vibration proofing and remedy the excessive noise and/or vibration, terminate Tenant’s right to use the Premises for the uses described in this Section 1.1 above (other than general office, research and development and administrative use). For purposes of the foregoing sentence, the additional sound/vibration proofing shall be deemed to be “unreasonably appropriate sound/vibration proofing” if noise and/or vibrations emanate from the Premises and such noise and/or vibration annoys or disturbs Landlord and/or any other tenants and or occupants of the Building and or the Project. Tenant shall comply with all governmental federal, state and city laws, ordinances codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall operate and maintain the Premises in such a manner that no odors, fumes, vapors or gases of any kind shall be released into the Building. Tenant shall, at Tenant’s sole cost and expense, (i) operate the heating, ventilation and air conditioning system, including the special exhaust systems, under negative pressure, (ii) seal any openings in the demising walls of the Premises, and (iii) provide a continuous waterproof base (with seamless vinyl flooring and as otherwise reasonably determined by Landlord) in all areas in which machinery is located in the Premises. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Nothing herein shall require Tenant to perform any alterations, additions or improvements which are necessary to comply with Regulations with respect to the common areas, unless such compliance relates to the common areas on any floor on which the Premises are located and arises directly out of the performance of alterations, additions, repairs or other work by or on behalf of Tenant in the Premises, the acts or omissions of Tenant or any Tenant Entity or Tenant’s specific use of the Premises for purposes other than general office use. In addition, nothing herein shall require Tenant, with respect to the common areas or the Premises, to comply with Regulations which require alterations, capital improvements or the installation of new or additional mechanical, electrical, plumbing or fire life safety systems on a Building wide basis without reference to the particular use of Tenant (other than general office use), the acts or omissions of Tenant or any Tenant Entity, or any alterations, additions or improvements performed by or on behalf of Tenant. As of the date hereof, to Landlord’s actual knowledge, Landlord has not received written notice from any governmental agencies that the Building is in violation of any governmental laws, ordinances and regulations. For purposes of this Section, “Landlord’s actual knowledge” shall be deemed to mean and limited to the current actual knowledge of the property manager for the Building at the time of execution of the Lease and not any implied, imputed, or constructive knowledge of said individual or of Landlord or any parties related to or comprising Landlord and without any independent investigation or inquiry having been made or any implied duty to investigate or make any inquiries, it being understood and agreed that such individual shall have no personal liability in any manner whatsoever hereunder or otherwise related to the transactions contemplated hereby.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference Pages. Tenant shall not do or permit anything to be done in or about the Premises which will in any way materially obstruct or interfere with the rights of other tenants or occupants of the Budding Project or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental laws, ordinances and regulations (collectively, “Laws”) applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate ofof (unless Tenant pays for such increase), invalidate or prevent the procuring of any insurance obtained, or sought to be obtained, by Landlord protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. As of the date hereof, to Landlord’s actual knowledge, Landlord has not received written notice from any governmental agencies that the Building is in violation of any Laws. For purposes of this Section, “Landlord’s actual knowledge” shall be deemed to mean and limited to the current actual knowledge of Jxxxx Xxx, Vice President and District Manager of RREEF Management Company, a Delaware corporation, at the time of execution of the Lease and not any implied, imputed, or constructive knowledge of said individual or of Landlord or any parties related to or comprising Landlord and without any independent investigation or inquiry having been made or any implied duty to investigate or make any inquiries; it being understood and agreed that such individual shall have no personal liability in any manner whatsoever hereunder or otherwise related to the transactions contemplated hereby. Landlord, at its sole cost and expense (except to the extent properly included in Expenses) shall be responsible for correcting any violations of Laws with respect to exterior portions of the Building and the exterior common areas of the Building and the Project; provided that Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Laws and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Laws. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with any claims brought under any Laws relating to the specific nature of Tenant’s business in the Premises, the acts or omissions of Tenant or any of the Tenant Entities or any of their agents, employees or contractors, Tenant’s arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant, including without limitation, the Initial Alterations (as defined in Exhibit B attached hereto) and any design or configuration of the Premises specifically requested by Tenant.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for purposes allowed as-of-right by the purposes set forth on Town of Bedford zoning regulations, all only to the Reference Pagesextent permitted by other applicable law (collectively, the “Permitted Uses”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Park or injure, annoy, or materially adversely disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Notwithstanding anything to the contrary set forth in Section 18.1.2 of this Lease, in the event that Landlord reasonably believes that Tenant is materially adversely disturbing other tenants or occupants of the Park, then Landlord may send written notice to Tenant reasonably detailing the nature of such disturbance and if Tenant fails to cease such disturbance within five (5) days (forthwith, if the disturbance involves a hazardous condition) after written notice of such disturbance to Tenant (provided, however, that such disturbance shall not be an event of default if such disturbance could not reasonably be ceased during such five (5) day period, Tenant has commenced the cure within such five (5) day period and thereafter is diligently pursuing such cure to completion, but the total aggregate cure period shall not exceed fifteen (15) days), then such failure to cease such disturbance shall constitute an Event of Default (as hereinafter defined). Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building Buildings or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building Buildings or any of its their contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building Buildings or any part thereof. Following (a) the Commencement Date, with respect to the Pre-Expansion Premises, and (b) the Expansion Premises Commencement Date, with respect to the Expansion Premises, Tenant shall be responsible for ensuring that the Premises comply with the Americans With Disabilities Act of 1990, and any amendments thereto (the “ADA”), at Tenant’s sole cost and expense; provided, that, Landlord shall deliver the Pre-Expansion Premises and the Expansion Premises to Tenant in compliance with the ADA. Subject to emergencies, Landlord’s after-hours security measures and events beyond Landlord’s reasonable control, Tenant shall have access to the Premises on a twenty-four (24) hour per day, seven (7) day per week basis; provided, however, that Tenant shall be responsible for furnishing its own security for the Premises at Tenant’s sole cost and expense.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth stated on the Reference PagesPage. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Project or injure, annoy, or disturb them, them or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained, or the commission of any waste. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s Tenants sole expense. Notwithstanding the foregoing or any other terms to the contrary in this Lease, Landlord, subject to Landlord receiving Tenant's Proportionate Share of Direct Expenses, shall be responsible for compliance with any laws, codes, ordinances or other governmental directives requiring structural modifications to the Premises or which require the installation of an elevator in the Premises, unless required as a result of any improvements or alterations made by or on behalf of Tenant to the Premises, a change of use by Tenant of the Premises or as a result of the negligence or willful misconduct of Tenant or any of its employees, agents or contractors. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the The Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid continuously used and occupied by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely but only for the purposes set forth purpose listed on the Reference PagesPage, to the extent permitted by applicable zoning regulations. Tenant shall not do or permit anything to be done in or about the Premises which will in at its own cost and expense obtain any way obstruct or interfere with the rights of other tenants or occupants of the Budding or injure, annoy, or disturb them, or allow the Premises to be used and all licenses and permits necessary for any impropersuch use. The parking of automobiles, immoral, unlawful, trucks or objectionable purpose, or commit any waste. Tenant shall other vehicles in the areas not do, permit or suffer in, on, or about specifically designated on Exhibit A and the Premises the sale outside storage of any alcoholic liquor property are prohibited without the Landlord's prior written consent of Landlord first obtainedconsent. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy thereof, and shall promptly comply with all governmental orders and directions directives for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or nuisances in or upon, or in connection connected with, the PremisesPremise, all at Tenant’s 's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises must be altered to lawfully accommodate Xxxxxx's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant not to exceed $20,000.00 per occurrence. In the event cost of such compliance exceeds $20,000.00 Landlord shall have the option to complete required work at its expense or to terminate the Lease with 60 day notice to Tenant. Provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Premises to comply, with such laws, ordinances and regulations. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building, or un reasonably interfere with such tenants' use of their respective premises or permit anything any use which would adversely affect the reputation of the Building. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be done on or about used for any purpose (including, without limitation, the Premises or bring or keep anything into the Premises which will storage of merchandise) in any way manner which would render the insurance thereon void or increase the insurance rate ofthereof, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereofand tenant shall immediately cease and desist from such use, paying all cost and expense resulting from such improper use.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference PagesPermitted Use. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, unlawful purpose or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental federal, state and city laws, ordinances codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the use of the Premises and its occupancy occupancy, or to the use, manner of use, occupancy, possession, operation, maintenance, alteration, repair or restoration of any of the Premises and with any easement agreement, covenants, restrictions and conditions, declarations, licenses and other agreements listed as Permitted Encumbrances or as may hereafter affect the Premises (collectively, “Easement Agreements”) even if compliance therewith necessitates structural changes or improvements or results in interference with the use or enjoyment of any of the Premises and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Neither Landlord nor Tenant shall alter, modify, amend or terminate any Easement Agreement, give any consent or approval thereunder, or enter into any new Easement Agreement without, in each case, the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not do be bound by any alterations, modification or amendments to any Easement Agreement or any new Easement Agreements entered into without Tenant’s consent. Landlord hereby acknowledges that Tenant may desire from time to time during the Term to apply for entitlements, seek rezoning, or otherwise endeavor to negotiate agreements with the governmental entities having jurisdiction over the Project, including seeking modifications to the current conditional development permit issued by the City of Menlo Park necessary to increase the number of employees and/or vehicle trips allowed on the Premises (collectively, the “Entitlements”). Tenant shall obtain any Entitlements at Tenant’s sole cost and expense, subject to the limitations set forth herein. Tenant shall notify Landlord in writing of any Entitlements that Tenant intends to seek for the Project, and thereafter Tenant shall keep Landlord apprised in writing of the status of its efforts in this regard on a reasonably regular basis (and in no event less frequently than every ninety (90) days during any time that Tenant is seeking Entitlements hereunder). Tenant shall not seek any Entitlements or modifications to any Entitlements which will have a material adverse effect on the value of the Project without Landlord’s consent not to be unreasonably withheld, conditioned or delayed; provided, that, Landlord hereby consents to modifications to the current conditional development permit issued by the City of Menlo Park necessary to increase the number of employees and/or vehicle trips allowed on the Premises (including approving any mitigation measures or conditions of approval in connection therewith). Landlord shall respond to any such request for consent within ten (10) business days after receipt of request. If Landlord fails to respond within such ten (10) business day period, then Tenant may deliver a second written notice to Landlord requesting such consent which notice shall state in bold and all caps, “LANDLORD’S FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL BE DEEMED TO BE LANDLORD’S CONSENT TO THE MATTERS SET FORTH HEREIN.” If Landlord fails to respond to such second written notice within five (5) business days after receipt thereof, then Landlord shall be deemed to have consented to such request. Landlord shall reasonably cooperate with Tenant to execute any applications for permits or approvals or other documents or consents related to the Entitlements (such as development agreements) reasonably required by Tenant in connection with modifying any existing Entitlements or seeking new Entitlements to the extent permitted hereunder; provided that such cooperation shall be at no cost or expense to Landlord or any Landlord Entities. Tenant shall promptly notify Landlord in writing of any Entitlements obtained by Tenant with respect to the Project. Landlord shall not modify any Entitlements or enter into any new Entitlements in any manner during the Term without the prior written consent of Tenant to be granted or withheld in Tenant’s sole and absolute discretion. Tenant covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, that this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any persons or group of persons, on account of race, color, creed, marital status, ancestry, religion, sex, or national origin, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment, of the Premises herein leased, nor shall the Tenant himself, or any person claiming under or through him, establish or permit anything any such practice or practices of discrimination or segregation with reference to be done on the selection, location, number, use, occupancy, or about tenants, sublessees, subtenants, or vendees in the Premises or bring or keep anything into of herein leased. Reference is made to Section II.C.2 of that certain San Francisco Bay Conservation and Development Commission Permit No. 26-78 issued on December 1, 1978, as amended through October 20, 1994 (AMENDMENT NO. FIVE) and recorded in the Premises Official Records of the County of San Mateo as document number 94-170831 (the “BCDC Permit”), which will BCDC Permit requires express reference in any way increase the rate ofthis Lease, invalidate or prevent the procuring of any insurance protecting against loss or damage including specific reference to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about public access provisions (including, without limitation, Section I.A.3, II.B, and III. B) and the Building or any part parking provisions (including, without limitation, Section I.A.8, II.B.4 and III.B) thereof.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for general office purposes (including without limitation an employee break room, lunch room, training facilities, a physical fitness facility, an automatic teller machine located inside the Premises, and other legal uses incidental to a financial services businesses which are compatible with a Class A office environment). Landlord acknowledges that for purposes set forth on of this Lease, general office purposes includes without limitation call center and other similar configurations consistent with the Reference Pagesspace plans provided to Landlord by Tenant prior to the date of this Lease. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Budding Project or injure, annoy, injure or unreasonably disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable unlawful purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building Project or appurtenant land, caused or permitted bycaused, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building Project or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building Project or any part thereof, unless Tenant pays the increase in cost associated therewith. Notwithstanding the foregoing, nothing in this Lease shall be construed as requiring Tenant to be responsible for any legal requirements applicable to the structural portions of the Premises, any restrooms within the Building (other than restrooms constructed by or at the special request of Tenant) or the mechanical, electrical, plumbing or HVAC systems, unless the failure to comply with any such legal requirements is caused by Tenant. Landlord has not and will not, during the Term of this Lease, impose any agreements or restrictions on the Project which prohibit or unreasonably interfere with Tenant’s use of the Premises for the uses permitted under this Lease.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth stated on the Reference PagesPage (the “Permitted Use”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb them, them or allow the Premises to be used for any improperunlawful purpose. Tenant’s use and occupancy of the Premises shall be subject to the terms and conditions of the Declaration of Restrictions dated July 15, immoral1982 and recorded in Deed Book 5299, unlawfulPage 194 in the Office of the Clerk of Jefferson County, or objectionable purposeKentucky, or commit any wasteas amended (the “Declaration”), and Tenant shall comply with all terms and conditions of the Declaration applicable to Tenant’s use and occupancy of the Premises. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained, or the commission of any waste. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Except that the existing restrooms are not ADA compliant, Landlord warrants and represents that to the best of Landlord’s knowledge, as of the date of this Lease, the Building and the Premises are in compliance with all applicable laws, codes, resolutions and regulations including but not limited to all applicable zoning and buildings codes.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference Pagesgeneral office purposes. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental federal, state and city laws, ordinances codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Nothing herein shall require Tenant to perform any alterations, additions or improvements which are necessary to comply with Regulations with respect to the common areas, unless such compliance arises directly out of the performance of work by or on behalf of Tenant in the Premises or Tenant’s use of the Premises for purposes other than the Permitted Use. In addition, nothing herein shall require Tenant, with respect to the common areas or the Premises, to comply with Regulations which require structural alterations, capital improvements or the installation of new or additional mechanical, electrical, plumbing or fire/life safety systems on a Building-wide basis unless it arises out of the performance of work by or on behalf of Tenant in the Premises or Tenant’s use of the Premises for purposes other than the Permitted Use. Landlord will, at Landlord’s expense (except to the extent properly included in Expenses), perform all acts required to comply with such Regulations with respect to the foregoing as the same affect the Premises and the Building. As of the date hereof, Landlord has not received notice from any governmental agencies that the Building is in violation of Title III of the Americans with Disabilities Act.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the The Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid continuously used and occupied by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely but only for the purposes set forth listed on the Reference PagesPage and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations. Subject to the provisions of Section 9 hereof, Tenant shall not do or permit anything to be done in or about the Premises which will in at its own cost and expense obtain any way obstruct or interfere with the rights of other tenants or occupants of the Budding or injure, annoy, or disturb them, or allow the Premises to be used and all licenses and permits necessary for any impropersuch use. The parking of automobiles, immoral, unlawful, trucks or objectionable purpose, or commit any waste. Tenant shall other vehicles in the areas not do, permit or suffer in, on, or about specifically designated on Exhibit A and the Premises the sale outside storage of any alcoholic liquor property are prohibited without the Landlord’s prior written consent of Landlord first obtainedconsent. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the Tenant's use of the Premises and its occupancy thereof, and shall promptly comply with all governmental orders and directions directives for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or nuisances in or upon, or in connection connected with, the Premises, all at Tenant’s sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises must be altered to lawfully accommodate Tenant’s use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord’s consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Premises to comply, with such laws, ordinances and regulations. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building, or unreasonably interfere, with such tenants’ use of their respective premises. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose (including, without limitation, the storage of merchandise) in any manner which would render the insurance thereon void or increase the insurance rate thereof, and Tenant shall immediately cease and desist from such use, paying all cost and expense resulting from such improper use. Tenant shall not use or permit anything any use of the Premises in a manner which creates any safety or environmental hazard, or which would be dangerous to the Premises. Also, other than subject to applicable law, Tenant shall not use the Premises for the generation, use, manufacture, refining, recycling, transportation, treatment, storage, discharge or disposal of any hazardous, toxic or polluting substance or waste or for any purpose which poses a substantial risk of damage to the environment and not engage in any activity which would subject Landlord, Tenant or the Premises to any liability, obligation or affirmative act under the provisions of any federal, state or local environmental law, regulation, order or ordinance, whether now existing or hereafter enacted, and Tenant shall indemnify, defend and hold Landlord harmless from all liabilities, obligations, costs and expenses (including, without limitation, any cleanup costs under any federal or state superfund-type statute) arising by reason of a breach of this covenant and the parties hereto specifically agree that this covenant shall survive the term of this Lease. Tenant shall provide to the landlord, at least thirty (30) days prior to Tenant's occupancy of the Premises, a list of all chemicals that it anticipates will be done on or about stored in the Premises or bring or keep anything into used in any manufacturing process to be conducted on the Premises which and information on how such chemicals ill be handled, moved, stored, consumed and disposed in a manner that will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage comply with all applicable environmental laws. Tenant shall promptly send to Landlord an update for such list as needed to the Building extent other additional chemicals are used in the process or any of its contents by fire or other casualty or against liability for damage to property or injury to persons stored in or about the Building or any part thereofPremises in the future.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Fridayl . All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The lThe Premises are to be used solely for general office purposes, associated call center and other high density office applications necessary for Tenant to operate it s business. Landlord makes no representation or warranty, express or implied, regarding the purposes set forth on suitability of the Reference PagesPremises for such use. All implied warranties with respect to the Premises, including but not limited to those of merchantability and fitness for a particular purpose are expressly negated and waived. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste, or overload the Building's structure or systems. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy (including, without limitation, federal, state and local laws regarding access for handicapped or disabled persons, such as the Americans With Disabilities Act of 1990, as amended ("ADA") and all regulations promulgated thereunder), and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s 's sole expense. Tenant, at its sole cost and expense, shall be solely responsible for making any modifications or alterations to the Premises, subject to compliance with Article 6 of this Lease, in order to comply with federal, state or local ADA requirements. Tenant, at its sole cost and expense, shall comply with all ASHRAE and BOMA indoor air quality requirements applicable to the Premises, and with federal, state and local indoor air quality requirements applicable to the Premises; if, as a result of Tenant' s use thereof, supplemental heating, ventilation and air conditioning units are required to the Premises at any time during the Term, then Tenant, at its sole cost and expense, shall install the same, subject to compliance with Article 6 of this Lease. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons person s in or about the Building or any part thereof.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the The Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid continuously used and occupied by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely but only for the purposes set forth purpose listed on the Reference PagesPage and for such other lawful purposes as may be incidental thereto, all to the extent permitted by applicable zoning regulations. Tenant shall not do or permit anything to be done in or about the Premises which will in at its own cost and expense obtain any way obstruct or interfere with the rights of other tenants or occupants of the Budding or injure, annoy, or disturb them, or allow the Premises to be used and all licenses and permits necessary for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtainedsuch use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy thereof, and shall promptly comply with all governmental orders and directions directives for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or nuisances in or upon, or in connection connected with, the Premises, all at Tenant’s 's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the Premises must be altered to lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the Premises to comply, with such laws, ordinances and regulations. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or permit anything any use which would adversely affect the reputation of the Building. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be done on or about used for any purpose (including, without limitation, the Premises or bring or keep anything into the Premises which will storage of merchandise) in any way manner which would render the insurance thereon void or increase the insurance rate ofthereof, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereofand Tenant shall immediately cease and desist from such use, paying all cost and expense resulting from such improper use.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference Pagesgeneral office purposes. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental laws, ordinances ordinances, regulations, mandates and regulations directives (the “Legal Requirements”) applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Landlord shall, as part of Expenses, maintain the common areas of the Building, the structural elements of the Building and the base building systems serving the Building in general in compliance with applicable Legal Requirements. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof.. Notwithstanding anything in this Lease to the contrary, Tenant shall not be obligated to make structural repairs or alterations to the Premises in order to comply with any Legal Requirements unless the need for such repairs or alterations arises from the specific manner and nature of Tenant’s use or occupancy of the Premises (as distinguished from mere general office use or requirements being imposed on a building-wide basis to all tenants in the Building), the manner of conduct of Tenant’s business or operation of its installations, equipment or other property therein (to the extent in excess of or inconsistent with the normal conduct of a general office use), any condition created by or at the instance of the Tenant, including, without limitation, Tenant’s Work and/or any other Alterations made by Tenant if and to the extent that such Tenant’s Work and/or Alterations are not, in Landlord’s sole but reasonable discretion, of a nature customarily performed by tenants of comparable size in comparable buildings in the Cambridge area, or a breach by Tenant of any provisions of this Lease. Subject to Tenant first obtaining all necessary governmental permits and approvals and Landlord’s approval of Tenant’s plans and specifications therefor, Tenant shall have the right, as part of the Tenant’s Work and at Tenant’s sole cost and expense, to construct, fixture and furnish an outdoor roof terrace in a location on the 14th floor roof immediately adjacent to the Premises (the “Roof Terrace”) in a location and of a size approved by Landlord in Landlord’s sole but reasonable discretion. The Roof Terrace will be a minimum of 400 square feet and the size and occupancy capacity must not exceed what the applicable building code allows based on there being only one means of egress to the Premises. There will be a 5-foot buffer zone between the deck railing and the existing parapet walls to allow unlimited access to the davit arm receivers. All deck railings shall be constructed in a manner that shall not impede the use of the roof anchor system and safety lines. All roof penetrations shall be coordinated with the Building’s designated roofing contractor and all repairs will be in compliance with the existing roof warranty. Improvements to the Roof Terrace must be modular to enable access to the roof deck for repairs. Subject to compliance with all applicable Laws, and provided and so long as Tenant leases the entire 14th Floor Premises initially leased hereunder (collectively, the “Roof Terrace Threshold”), Tenant will have the exclusive right, at no additional rental charge, to access and use the Roof Terrace for outdoor seating and other outdoor activities ancillary to Tenant’s office uses of the Premises. Landlord may require that Tenant, at Tenant’s sole cost and expense, contract with Landlord’s roof contractor to ensure that the roof warranty for the Building is not invalidated or adversely affected and to provide Landlord with a certification to such effect following installation of the Roof Terrace. Tenant shall have the right to install, at Tenant’s sole cost and expense, tables, chairs, and other furniture in the Roof Terrace (the “Terrace FF&E”) subject to Landlord’s prior written approval, which shall not be unreasonably withheld or delayed, provided, however, Landlord’s determination of matters relating to aesthetic issues relating to the Terrace FF&E and the Roof Terrace shall be in Landlord’s sole discretion and Landlord may require that moveable Terrace FF&E be secured in a manner reasonably acceptable to Landlord. The Roof Terrace shall be considered part of the Premises for all purposes of the Lease except for the payment of Annual Rent and the determination of Tenant’s Proportionate Share. Tenant’s use of the Roof Terrace and the Terrace FF&E shall be upon and subject to all of the terms and conditions of this Lease, including, without limitation, Tenant’s indemnification and insurance obligations under this Lease. Tenant may use the Roof Terrace for Tenant’s own use or the use of any subtenants or assignees to which Landlord has consented pursuant to this Lease and Tenant’s rights under this Section 1.2 shall not be assignable or otherwise transferable (including by sublease, license or other means) by Tenant separately from this Lease. In no event shall Tenant permit use of the Roof Terrace by the general public (exclusive of Tenant’s invitees having a business relationship with Xxxxxx). Tenant’s use of the Roof Terrace and the Terrace FF&E shall be subject to rules and regulations reasonably issued from time to time by Landlord and of which Tenant has been given prior notice and Tenant shall comply with all Legal Requirements and governmental approvals applicable to the Roof Terrace. Tenant shall be responsible for maintenance and daily cleaning and janitorial services to the Roof Terrace and shall maintain the Roof Terrace and the Terrace FF&E in a safe, clean and first class condition consistent with first class office building standards for comparable buildings in Cambridge, Massachusetts. Landlord shall not have any obligations (including any compliance with Legal Requirements obligation) with respect to the Roof Terrace or the Terrace FF&E and Landlord shall not be required to provide any services or utilities to the Roof Terrace, provided, however, the foregoing shall not limit Landlord’s obligations under this Lease to maintain the roof. Tenant shall use and maintain the Roof Terrace so as not to cause any damage to the Building (including the parking garage) or the Complex or any interference with the use, operation or maintenance of the Building or any mechanical, electrical or other building systems of the Building. If, at any time during the Term, Tenant ceases to satisfy the Roof Terrace Threshold, Tenant’s right to exclusive use of the Roof Terrace shall terminate and Landlord may require Tenant to repair any damage to the Building (including the roof) caused by the installation or removal of such Roof Terrace and/or Terrace FF&E, provided however, Tenant shall not be required to remove the Roof Terrace improvements at the expiration or earlier termination of the Term, but Tenant shall remove all Terrace FF&E. In the event that any governmental agency having jurisdiction over the Building imposes any rooftop or common space taxes or other taxes or fees on Landlord or the Building in connection with the use or operation of the Roof Terrace and/or the Terrace FF&E, Tenant shall pay to Landlord the amount of any such tax or fee imposed in connection with Tenant’s use or operation of the Roof Terrace and/or the Terrace FF&E.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference PagesPages and for no other uses without Landlord's prior written consent which may be withheld in Landlord's sole discretion. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s 's sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Landlord will, at Landlord's expense, perform all acts required to comply with laws, rules or regulations in effect as of the date of this Lease and as interpreted and enforced in the county in which the Premises is located, with respect to the foregoing as the same affect the Premises and the Building. Landlord will perform all acts required to comply with laws, rules or regulations in effect after the date of this Lease with respect to the foregoing as the same affect the Building and the common areas and such costs shall be a part of Expenses as provided in Article 4 of this Lease. Landlord will perform all acts required to comply with laws, rules or regulations in effect after the date of this Lease with respect to the foregoing as the same affect the Premises and such costs shall be the sole responsibility of Tenant. To the extent the foregoing is a cost that is the responsibility of Tenant as provided herein, Tenant shall pay to Landlord, within 10 days following Landlord's written demand therefor, which demand shall be accompanied by documented evidence reasonably acceptable to Tenant reflecting all such costs, the costs and expenses related to such compliance work, plus any and all third-party costs actually incurred by Landlord in connection with such work. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation of any laws, rule or regulation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment, provided that if Landlord elects not to contest any alleged violation, Landlord will promptly make necessary all repairs, additions, alterations or improvements. Notwithstanding anything to the contrary contained herein, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with the specific nature of Tenant's business in the Premises (other than general office use), the acts or omissions of Tenant, its agents, employees or contractors, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant and any design or configuration of the Premises.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference Pages. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental federal, state and city laws, ordinances codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Landlord will, at Landlord’s expense, perform all acts required to comply with Regulations in effect as of the date of this Lease and as interpreted and enforced in the county in which the Premises is located, with respect to the foregoing as the same affect the common areas of the Building and the Premises. Landlord will perform all acts required to comply with Regulations in effect (and as interpreted and enforced) after the date of this Lease with respect to the common areas only and such costs shall be a part of Expenses as provided in Article 4 of this Lease. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation of any Regulations in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Regulations. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment, provided that if Landlord elects not to contest any alleged violation, Landlord will promptly make necessary all repairs, additions, alterations or improvements. Notwithstanding anything to the contrary contained herein, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with the specific nature of Tenant’s business in the Premises (other than general office use), the acts or omissions of Tenant, its agents, employees or contractors, Tenant’s arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant (including the Initial Alterations described on Exhibit B hereto) and any design or configuration of the Premises.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for general office purposes to perform administrative services for Tenant, and not for any retail operations or other business or governmental purpose of Tenant that may require or permit direct services to visitors, customers, invitees or licensees, including by way of example only, the purposes set forth on payment of bills on-site, delivery of food stamps or provision of case intake or management services, counseling or advising (the Reference Pages“Permitted Use”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental federal, state and city laws, ordinances codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Landlord, at its expense (subject to Article 4), shall cause the Base Building (defined below) and the common areas of the Building to comply with all Regulations (including the Americans with Disabilities Act (“ADA”)) in effect (and as interpreted and enforced) as of the Commencement Date to the extent that (i) such compliance is necessary for Tenant to use the Premises for general office use in a normal and customary manner and for Tenant’s employees and visitors to have reasonably safe access to and from the Premises, or (ii) Landlord’s failure to cause such compliance would impose liability upon Tenant under Regulations; provided, however, that Landlord shall not be required to cause such compliance to the extent non-compliance (1) is triggered by any matter that is Tenant’s responsibility under this Article 1 or Article 6 or any other provision hereof, (2) arises under any provision of the ADA other than Title III thereof, or (3) requires Landlord to install new or additional mechanical, electrical, plumbing or fire/life safety systems, unless such improvement is required on a Building-wide basis by applicable Law and without reference to the specific nature of Tenant’s use of and business in the Premises (other than general office use). Notwithstanding the foregoing, Landlord may contest any alleged violation in good faith, including by applying for and obtaining a waiver or deferment of compliance, asserting any defense allowed by Regulations, and appealing any order or judgment to the extent permitted by Regulations; provided, however, that, after exhausting any rights to contest or appeal, Landlord shall perform any work necessary to comply with any final order or judgment. The “Base Building” shall include the structural portions of the Building, the base Building electrical, heating, ventilation and air conditioning systems, and the public restrooms, elevators and exit stairwells. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated (or that, because of any alterations, additions or improvements or use of the Premises other than general office use, a change to the Base Building or common areas has become required under) any of such applicable Regulations shall be conclusive of that fact as between Landlord and Tenant. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the general office purposes set forth on the Reference Pagesand uses reasonably incidental thereto. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply with all governmental federal, state and city laws, ordinances codes, ordinances, rules and regulations (collectively, “Regulations”) applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. 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. Subject to emergency, compliance with all applicable governmental requirements, laws and ordinances and the terms of this Lease, compliance with all Rules and any and all causes outside of the reasonable control of Landlord, Tenant shall have access to the Premises, the Building and the Parking Facility (as defined in Section 30.1) on a twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year throughout the Term. Landlord has not received written notice from any governmental authority that the Building or the Premises is in violation of any applicable Regulations as of the date of this Lease.

USE AND RESTRICTIONS ON USE. 1.1 Tenant shall have access to the Premises twenty-four (24) hours per day, seven days per week, and shall have the ability to operate all Building systems after standard building operating hours of 7a.m. – 6p.m., Monday through Friday. All costs incurred by Landlord arising out of Tenant’s operation of Building systems after standard budding operating hours shall be directly paid by Tenant, or if paid by Landlord, shall be reimbursed by Tenant to Landlord. The Premises are to be used solely for the purposes set forth on the Reference Pagesgeneral office, light assembly and engineering laboratory purposes. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Budding Building or injure, annoy, or disturb them, or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. To the extent within its reasonable control as a tenant, Tenant shall comply with all governmental laws, ordinances and regulations applicable to the its specific use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Premises, all at Tenant’s sole expense, provided, however, that Tenant shall have no responsibility for compliance with any governmental laws, ordinances, regulations, orders or directions for modifications to the Building or the appurtenant land which apply to office use generally. Tenant will have no liability for the cost of any alterations or modification required to comply with laws applicable to the Premises as of the date of deliver of possession of the Premises to Tenant if the Premises were not in compliance with such laws on such date except to the extent that compliance is required as a result of work performed by Tenant on the Premises or as a result of Tenant’ s specific use or operations. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or any part thereof. Compliance with Environmental Laws (as hereinafter defined) is governed by Section 1.2 and not this Section 1.1.